Terms of Use

michaelfeinsteinsamericansongbook.org provides the website michaelfeinsteinsamericansongbook.org to you (“You” or “Your‚”), subject to these terms of use“Terms”), and subject to michaelfeinsteinsamericansongbook.org‚’s other policies, including our Privacy Policy, incorporated herein by reference.

By accessing or using michaelfeinsteinsamericansongbook.org in any manner you: (1) Accept these terms; and (2) you represent and warrant that you accept these Terms by accessing or using michaelfeinsteinsamericansongbook.org in any manner, even if You do not create an Account with michaelfeinsteinsamericansongbook.org. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. If You are using michaelfeinsteinsamericansongbook.org on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.

michaelfeinsteinsamericansongbook.org may change these Terms at any time. The most current version of these Terms can be accessed at http://www.michaelfeinsteinsamericansongbook.org/terms_of_service.html. By continuing to access or use michaelfeinsteinsamericansongbook.org, You accept any changes or revisions to the Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE michaelfeinsteinsamericansongbook.org

1. License to Use michaelfeinsteinsamericansongbook.org

a) michaelfeinsteinsamericansongbook.org grants You a personal, non-exclusive, non-transferable, limited and revocable license to use michaelfeinsteinsamericansongbook.org subject to the Terms. You may use michaelfeinsteinsamericansongbook.org and information acquired from michaelfeinsteinsamericansongbook.org for Your own personal, non-commercial, lawful purposes. You may not use michaelfeinsteinsamericansongbook.org in a manner that exceeds the rights granted for Your use.

b) Other than connecting to michaelfeinsteinsamericansongbook.org by http request using a web browser, You may not attempt to access michaelfeinsteinsamericansongbook.org’s servers or michaelfeinsteinsamericansongbook.org by any means. In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to the michaelfeinsteinsamericansongbook.org’s servers or michaelfeinsteinsamericansongbook.org. You may not use michaelfeinsteinsamericansongbook.org to compile data or images for use by any commercial entity

c) You agree not to disrupt, modify or interfere with michaelfeinsteinsamericansongbook.org, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of michaelfeinsteinsamericansongbook.org. You further agree not to alter or tamper with any information or materials on or associated with michaelfeinsteinsamericansongbook.org.

d) You may not use michaelfeinsteinsamericansongbook.org or any information acquired from michaelfeinsteinsamericansongbook.org:
i) to engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law, including the laws, regulations, and ordinances of any jurisdiction from which You access michaelfeinsteinsamericansongbook.org;
ii) for any commercial purpose including use in connection with marketing or sales activities;
iii) to send any type of spam, junk mail, or unsolicited communications;
iv) to evaluate a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, to evaluate a person’s eligibility for employment purposes, to evaluate a person’s eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the Fair Credit Reporting Act (15 U.S.C. § 1681b);
v) in any manner that may violate any local, state, federal, or international privacy law to which You may be subject on the basis of Your location or the location of the person searched.

2. Assignments

a) michaelfeinsteinsamericansongbook.org may assign this agreement at any time without notice to You. You may not assign this agreement to anyone else, and any attempt to assign shall be void.

3. Information Available Through michaelfeinsteinsamericansongbook.org

a) michaelfeinsteinsamericansongbook.org aggregates publicly available information from news search sources.

b) michaelfeinsteinsamericansongbook.org does not verify this News Search Information. michaelfeinsteinsamericansongbook.org does not evaluate each piece of information provided and makes no guarantees to michaelfeinsteinsamericansongbook.org users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. As a user of michaelfeinsteinsamericansongbook.org, You agree that there are no warranties or guarantees whatsoever regarding the information provided. Further, You agree to rely on the information available through michaelfeinsteinsamericansongbook.org at Your own risk.

4. Privacy Policy

a) michaelfeinsteinsamericansongbook.org maintains a Privacy Policy describing its anonymous information collection, retention, and use of information about users of michaelfeinsteinsamericansongbook.org. This policy can be accessed at http://www.michaelfeinsteinsamericansongbook.org/privacy_policy.html, and is incorporated herein by reference.

5. Links to Other Websites

a) You may find links to other Internet sites or resources on michaelfeinsteinsamericansongbook.org that offer content, goods, or services. You acknowledge and agree that michaelfeinsteinsamericansongbook.org has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.

6. michaelfeinsteinsamericansongbook.org’s Intellectual Property

a) michaelfeinsteinsamericansongbook.org is the exclusive owner of trademark rights in the michaelfeinsteinsamericansongbook.org mark, copyright in the software used through michaelfeinsteinsamericansongbook.org, copyright in the michaelfeinsteinsamericansongbook.org screen displays, and all other rights in the michaelfeinsteinsamericansongbook.org website and technology under U.S. and international intellectual property laws.

b) Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

c) Except as expressly authorized by michaelfeinsteinsamericansongbook.org, You agree not to use michaelfeinsteinsamericansongbook.org’s trademark or any mark confusingly similar to the michaelfeinsteinsamericansongbook.org mark. You agree not to reproduce, distribute, display or create derivative works of any part of michaelfeinsteinsamericansongbook.org or any information presented to You through michaelfeinsteinsamericansongbook.org, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on michaelfeinsteinsamericansongbook.org, framing content from michaelfeinsteinsamericansongbook.org, or creating any unauthorized derivative work.

d) michaelfeinsteinsamericansongbook.org uses third-party trademarks on michaelfeinsteinsamericansongbook.org to identify the owners of those marks. Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and michaelfeinsteinsamericansongbook.org.

7. Submission of Confidential Information and Ideas

a) From time to time users submit ideas to michaelfeinsteinsamericansongbook.org for improving michaelfeinsteinsamericansongbook.org either by email or in the course of a customer service interaction. michaelfeinsteinsamericansongbook.org has no obligation to treat this material as confidential information. To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to michaelfeinsteinsamericansongbook.org.

8. Intellectual Property Claims

a) If You believe that Your copyright has been infringed in any way by michaelfeinsteinsamericansongbook.org, promptly provide in writing the following information to our Digital Millennium Copyright Act (17 U.S.C. §512) Designated Agent:
i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv) Information reasonably sufficient to permit michaelfeinsteinsamericansongbook.org to contact You, such as an address, telephone number and e-mail address;
v) A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
vi) A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b) If You believe that Your other intellectual property rights have been infringed in any way by michaelfeinsteinsamericansongbook.org, please provide a detailed description of the alleged infringement for further investigation via e-mail to clewis@feinsteininitiative.org. michaelfeinsteinsamericansongbook.org’s receiving, investigating, or responding to Your e-mail shall not constitute michaelfeinsteinsamericansongbook.org’s agreement or verification of Your claim(s) nor any admission of liability therefor. michaelfeinsteinsamericansongbook.org makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.

9. Notification

a) Any notices to be given to michaelfeinsteinsamericansongbook.org under these Terms shall be made in writing to clewis@feinsteininitiative.org or to the following address: The Michael Feinstein Great American Initiative, The Center for the Performing Arts, 355 W City Center Drive Carmel, IN 46032

10. Warranty

a) YOU USE MICHAELFEINSTEINSAMERICANSONGBOOK.ORG AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM MICHAELFEINSTEINSAMERICANSONGBOOK.ORG, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF MICHAELFEINSTEINSAMERICANSONGBOOK.ORG HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, MICHAELFEINSTEINSAMERICANSONGBOOK.ORG PROVIDES MICHAELFEINSTEINSAMERICANSONGBOOK.ORG, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND, AND MICHAELFEINSTEINSAMERICANSONGBOOK.ORG SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

b) NO INFORMATION OR ADVICE PROVIDED ON MICHAELFEINSTEINSAMERICANSONGBOOK.ORG, BY MICHAELFEINSTEINSAMERICANSONGBOOK.ORG, OR BY MICHAELFEINSTEINSAMERICANSONGBOOK.ORG’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.

c) MICHAELFEINSTEINSAMERICANSONGBOOK.ORG MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:
i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF MICHAELFEINSTEINSAMERICANSONGBOOK.ORG, THE SERVICES, THE INFORMATION, OR THE CONTENT;
ii) THAT MICHAELFEINSTEINSAMERICANSONGBOOK.ORG WILL OPERATE UNINTERRUPTED OR ERROR-FREE;
iii) THAT MICHAELFEINSTEINSAMERICANSONGBOOK.ORG, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;
iv) AS TO THE QUALITY OR VALUE OF ANY OF MICHAELFEINSTEINSAMERICANSONGBOOK.ORG’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE; OR
v) THAT ANY ERRORS ON MICHAELFEINSTEINSAMERICANSONGBOOK.ORG WILL BE CORRECTED.

11. Limitation of Liability

a) To the extent permitted by law, michaelfeinsteinsamericansongbook.org shall have no liability, relating to Your use of (or connection to) michaelfeinsteinsamericansongbook.org, for:
i) consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss); or
ii) for direct damages, actually proven, exceeding $1,000.00 USD. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.

b) michaelfeinsteinsamericansongbook.org reserves the right, at any time, in michaelfeinsteinsamericansongbook.org’s sole and exclusive discretion, to amend, modify, suspend, or terminate michaelfeinsteinsamericansongbook.org, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. michaelfeinsteinsamericansongbook.org shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.

12. Indemnification

a) You agree to defend, indemnify, and hold michaelfeinsteinsamericansongbook.org, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of michaelfeinsteinsamericansongbook.org.

b) michaelfeinsteinsamericansongbook.org reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify michaelfeinsteinsamericansongbook.org. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from michaelfeinsteinsamericansongbook.org.

13. Choice of Law

a) The law of the State of Indiana governs this contract and any claim or dispute that You may have against us, without regard to its conflict of laws rules.

b) The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

14. Binding Arbitration and Class Waiver

a) Any controversy or claim arising out of or related to Your use of michaelfeinsteinsamericansongbook.org or these Terms or the violation thereof (“Claim”), shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This agreement to arbitrate applies to all Claims now in existence or that may arise in the future. This agreement to arbitrate is made pursuant to Your use of michaelfeinsteinsamericansongbook.org which constitutes a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

b) If You commence arbitration, You must provide michaelfeinsteinsamericansongbook.org the notice required by the American Arbitration Association rules and procedures. The notice may be sent to us at Chris Lewis clewis@feinsteininitiative.org. If michaelfeinsteinsamericansongbook.org commences arbitration, we will provide You notice at your last known address. Any arbitration hearing at which You appear will take place at a location within michaelfeinsteinsamericansongbook.org federal judicial district at the time the Claim is filed.

c) michaelfeinsteinsamericansongbook.org will pay, or reimburse You for, all fees or costs to the extent required by the rules of the American Arbitration Association. Whether or not required by such rules, if You prevail at arbitration on any Claim against us, michaelfeinsteinsamericansongbook.org will reimburse You for any fees paid to the American Arbitration Association in connection with the arbitration proceedings. If You are required to advance any fees or costs to the American Arbitration Association, but You ask michaelfeinsteinsamericansongbook.org to do so in your stead, michaelfeinsteinsamericansongbook.org will consider and respond to Your request.

d) Claims made and remedies sought as part of a class action, private attorney general or other representative action (hereafter all included in the term “class action”) are subject to arbitration on an individual basis, not on a class or representative basis. No class actions joinder or consolidation of any Claim with a Claim of any other person or entity shall be allowable in arbitration, without the written consent of both You and us.

e) In the event that there is a dispute about whether limiting arbitration of the parties’ dispute to non-class proceedings is enforceable under applicable law, then that question shall be resolved by litigation in a court rather than by the arbitrator; and to the extent it is determined that resolution of a Claim shall proceed on a class basis, it shall so proceed in a court located in Hamilton County, Indiana, USA, rather than in arbitration.

ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR MICHAELFEINSTEINSAMERICANSONGBOOK.ORG WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.

15. Entire Agreement

a) These Terms and any michaelfeinsteinsamericansongbook.org policies posted on michaelfeinsteinsamericansongbook.org constitute the entire contract between You and michaelfeinsteinsamericansongbook.org and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Last Updated: February 3, 2012