This Website User Agreement (herinafter referred to as “ToS”) describes the terms and conditions applicable to your use of this website (hereinafter referred to as “Da Capo Academy Website”) owned websites (hereinafter WEBSITE), which may be updated by Da Capo Academy without notice to you. This Website User Agreement constitutes an agreement between you the user (hereinafter YOU), and Da Capo Academy Website. If YOU do not accept the terms of this user agreement, YOU may not use this website. Da Capo Academy Website may from time to time revise these terms and conditions by updating this posting.
BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE VISIT THIS PAGE TO DETERMINE THE CURRENT WEBSITE USER AGREEMENT PRIOR TO EACH USE OF THIS WEBSITE.
Use of Materials, Restrictions, Copyrights
MATERIAL in this website are either owned or copyrighted by Da Capo Academy, their advertisers and/or by others. Except as stated herein, none of the MATERIAL on WEBSITE may be saved, downloaded, copied or reproduced in any form including but not limited to electronic, digital, mechanical, photocopying without the prior written consent of Da Capo Academy Website. All electronic images, virtual tours and video are for viewing purposes only. No permission is granted to download and/or save any of the MATERIAL including but not limited to text, electronic images, photographic images, virtual tours, video, recipes, menus, hours, driving directions, business description, coupons, entertainment information, business name and/or logo and any other information published on this website (hereinafter referred to as MATERIAL) to any computer storage device.
Permission is granted to YOU to print the web pages on WEBSITE providing (i) you print only one copy, (ii) the MATERIAL contained within such web pages will be used for your non-commercial personal use only, (iii) all copyright and proprietary notices are printed on the copies, and (iv) you do not distribute the copy in whole or in part to any third party or entity. This permission terminates automatically if you breach any of these agreement terms and conditions. Additionally the MATERIAL on this website is not to be saved, downloaded or stored on any non-Da Capo Academy owned Internet computer servers.
Compliance With Local Laws
Da Capo Academy makes NO representation that the materials and MATERIAL contained in this website are legal in all jurisdictions. You the user are responsible to ensure that viewing the MATERIAL and materials in this website is in compliance with applicable local and state laws.
MATERIAL & Material Accuracy
YOU the user acknowledge that the MATERIAL viewed in this WEBSITE has NOT been reviewed by Da Capo Academy for completeness or accuracy. Da Capo Academy, their licensors and/or advertisers are NOT responsible for typographical errors or omissions of any kind, including, but not limited to, prices, hours, driving directions, description, coupons, entertainment information, for any listed and/or advertised business on WEBSITE. The information for each business is provided for informational purposes only. YOU, the user, bear the entire risk of using the materials and MATERIAL of this WEBSITE. All MATERIAL on this website is subject to change, without notice.
The WEBSITE may provide YOU, the user, with links to third party web sites not owned or affiliated with Da Capo Academy. Da Capo Academy has no control over these websites nor the MATERIAL within them, and does not endorse the MATERIAL of any hyperlinked web site. Da Capo Academy is not responsible for the availability of these linked web sites. Additionally, Da Capo Academy shall not be held responsible nor liable, directly or indirectly, for any claim in connection with computer viruses, MATERIAL, goods or services provided or offered on or through any of these third party web sites or any other website that may be linked to these third party websites.
Any text, image, material, information, form, or e-mail (hereinafter referred to as “INFORMATION”) YOU, the user, transmit or provide to and/or through (i) Da Capo Academy Website at this domain and/or other domain, (ii) Da Capo Academy advertisers on WEBSITE, (iii) businesses listed on WEBSITE and/or (iv) this WEBSITE and/or Da Capo Academy databases by any means will be considered NON-CONFIDENTIAL and NON-PROPRIETARY and is the property of Da Capo Academy. Da Capo Academy shall not disclose INFORMATION to third-parties without your written or verbal consent, except that Da Capo Academy may disclose such information to Da Capo Academy’s clients and/or WEBSITE advertisers and to third parties that perform services on Da Capo Academy’s behalf. YOU, the user agree, that Da Capo Academy is not responsible for how INFORMATION YOU transmitted and/or provided is used. YOU, the user, agree not to transmit or provide to and/or through Da Capo Academy Website at this domain and/or other domain, Da Capo Academy advertisers on WEBSITE, businesses listed on WEBSITE and/or this WEBSITE and/or Da Capo Academy Website databases any unlawful, threatening, libelous, defamatory, obscene, pornographic or otherwise offensive INFORMATION.
Commissioned Composition Request Service (Commissioned Composition Request Service Policy)
Media Purchases (Media Purchase Policy)
If YOU the user choose to purchase media via this WEBSITE media online order form, you the user consent and agree that all INFORMATION provided shall be transmitted to the business you selected via a secure electronic method and/or by non secure facsimile transmission (fax). Media YOU purchase are valid for one (1) year from date of purchase unless otherwise noted on the media online order form and confirmation. Media are NOT refundable and cannot be redeemed for cash. YOU are purchasing the Gift certificates from the business selected and shall be charged for the Media directly from the business. YOU agree to pay for your Gift Certificate purchases in accordance with your credit card agreement. YOU the user agree Da Capo Academy is not responsible for lost or misdirected Media requests and/or lost or misdirected shipping of such Media to YOU regardless of cause. YOU the user acknowledge and agree that Da Capo Academy will maintain a permanent record of such media purchase except that upon transmitting of media purchase INFORMATION to the business you selected Da Capo Academy shall not maintain a record of the credit card information provided. YOU the user agree to indemnify and hold harmless Da Capo Academy, its directors, officers, employees, agents, from any claim including reasonable attorneys fees arising from or related to your Gift Certificate purchases, Gift Certificate redemption and/or the process of transmitting INFORMATION provided by YOU the user, to the business YOU selected.
Trademarks, Service Marks, Copyrights and Use of Third Party Materials
Da Capo Academy and/or licensors and/or others own all trademarks, service marks and/or copyrighted material posted on WEBSITE. No trademarks, service marks and/or copyrighted material posted on WEBSITE may be used without the prior written consent of their owner. The trademark Da Capo Academy Website, is owned by Da Capo Academy. All other trademarks or service marks are owned by their respective companies. ALL TRADEMARKS WHETHER MARKED OR UNMARKED, ARE THE PROPERTY OF THEIR RESPECTIVE OWNER.
No Unlawful or Prohibited Use
As a condition of your use of WEBSITE, YOU warrant and represent that YOU will not use the WEBSITE for any commercial purposes or for any purpose that is unlawful or prohibited by these terms. Furthermore, YOU specifically agree NOT to use this WEBSITE to solicit the businesses listed and/or advertised on this WEBSITE for any commercial and/or fund raising purpose. In addition, YOU agree not to use the WEBSITE in any manner that could damage, disable, overburden, or impair the WEBSITE or interfere with another person's use and enjoyment of the WEBSITE. Sending commercial e-mail information and/or solicitations, sending commercial information and/or solicitations via online WEBSITE forms and/or making commercial telephone calls to businesses listed and/or advertised on this WEBSITE is strictly prohibited, and a violation of the terms and conditions of the use of this WEBSITE. Such violation may result in civil and/or criminal penalties against the sender and those assisting the sender.
Only non commercial communications for obtaining information about the products and/or services businesses listed and/or advertised on this WEBSITE provide is permitted.
YOU the user acknowledge and agree that Da Capo Academy makes no warranty that this website shall meet your requirements, or that this website is error free or that the quality of the products or services provided by Da Capo Academy and/or its licensors, advertisers, and vendors will meet your expectations. Additionally, YOU the user agree you are solely responsible for any damage caused to your computer system or data loss regardless of cause including but not limited to accessing and downloading corrupt or virus containing files resulting from your use of WEBSITE or any third party website however linked to this WEBSITE.
YOU the user agree to indemnify and hold harmless Da Capo Academy its directors, officers, employees, agents, vendors, advertisers, and clients from any claim arising from (i) your use of WEBSITE, or (ii) violation of the terms and conditions of the use of this WEBSITE or (iii) your violation of any law or (iv) your violation of the rights of any third party.
YOU THE USER AGREE THAT Da Capo Academy SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL ARISING OUT OF THE USE OR IN CONNECTION WITH THE USE OR ANY OTHER MATTER RELATING TO THIS WEBSITE HOWEVER ARISING, INCLUDING NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THIS LIMITATION MAY NOT APPLY TO YOU.
YOU the user represents, warrant and covenant that (a) you have the power and authority to enter into this agreement; (b) you are at least 13 years of age; and, (c) YOU will only use the website in accordance with the terms and conditions contained herein.
Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
The waiver by Da Capo Academy of a breach of any provision of this Agreement by you shall not operate or be construed as a waiver of any other or subsequent breach by YOU.
Scope of Agreement
This Website User Agreement (ToS) constitutes the entire agreement between Da Capo Academy and YOU, the user, and supersedes any previous agreements on this subject. If any part of this agreement is found to be unenforceable for any reason, all other parts of this agreement shall remain in effect. Any non-enforcement of this agreement by this website shall not be considered a waiver of rights.