Terms and Conditions

INTRODUCTION

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. 

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to CWEA's use of cookies in accordance with the terms of CWEA's privacy policy.

LICENSE TO USE WEBSITE

Unless otherwise stated, CWEA and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  

YOU MUST NOT:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
  • edit or otherwise modify any material on the website; or

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without CWEA's express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

RESTRICTED ACCESS

Access to certain areas of this website is restricted. CWEA reserves the right to restrict access to areas of this website, or indeed this entire website, at CWEA's discretion.

If CWEA provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.  

CWEA may disable your user ID and password in CWEA's sole discretion without notice or explanation.

USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to CWEA a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to CWEA. the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or CWEA or a third party (in each case under any applicable law).  

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

CWEA reserves the right to edit or remove any material submitted to this website, or stored on CWEA.'s servers, or hosted or published upon this website.

Notwithstanding CWEA's rights under these terms and conditions in relation to user content, CWEA does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied.  CWEA makes no representations or warranties in relation to this website or the information and materials provided on this website.  

Without prejudice to the generality of the foregoing paragraph, CWEA does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

LIMITATIONS OF LIABILITY

CWEA will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if CWEA has been expressly advised of the potential loss.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit CWEA's liability in respect of any:

death or personal injury caused by CWEA.'s negligence;
fraud or fraudulent misrepresentation on the part of CWEA; or
matter which it would be illegal or unlawful for CWEA to exclude or limit, or to attempt or purport to exclude or limit, its liability. 

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  

If you do not think they are reasonable, you must not use this website.

OTHER PARTIES

You accept that, as a limited liability entity, CWEA has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against CWEA's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect CWEA's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as CWEA.. 

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby indemnify CWEA and undertake to keep CWEA indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CWEA to a third party in settlement of a claim or dispute on the advice of CWEA's legal advisers) incurred or suffered by CWEA arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to CWEA's other rights under these terms and conditions, if you breach these terms and conditions in any way, CWEA may take such action as CWEA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

VARIATION

CWEA may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

CWEA may transfer, sub-contract or otherwise deal with CWEA's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.  

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

ENTIRE AGREEMENT

These terms and conditions , together with the Privacy Policy, constitute the entire agreement between you and CWEA in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with state and federal law and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of South Carolina.

REGISTRATIONS AND AUTHORISATIONS

CWEA's Employee Identification Number is 27-1411970. The organization is a not-for-profit organization according to section 501(c)3 of the IRS code.

CWEA'S DETAILS

CWEA's address is:

Post Office Box 3614
Rock Hill, SC 29732

You can contact CWEA by email at secretary@cwea.us.

Privacy Policy

This Privacy Policy governs the manner in which CWEA collects, uses, maintains and discloses information collected from users (each, a "User") of the CWEA website ("Site"). This privacy policy applies to the Site and all products and services offered by CWEA.

PERSONAL IDENTIFICATION INFORMATION

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

NON-PERSONAL IDENTIFICATION INFORMATION

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

WEB BROWSER COOKIES

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

HOW WE USE COLLECTED INFORMATION

CWEA may collect and use Users personal information for the following purposes:

  • To improve customer service
    • Information you provide helps us respond to your customer service requests and support needs more efficiently.
  • To personalize user experience
    • We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
  • To improve our Site
    • We may use feedback you provide to improve our products and services.
  • To process payments
    • We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
  • To run a promotion, contest, survey or other Site feature
    • To send Users information they agreed to receive about topics we think will be of interest to them.
  • To send periodic emails

We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

HOW WE PROTECT YOUR INFORMATION

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

SHARING YOUR PERSONAL INFORMATION

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

THIRD PARTY WEBSITES

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

ADVERTISING

Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.

GOOGLE ADSENSE

Some of the ads may be served by Google. Google's use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses "non personally identifiable information" and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html

CHANGES TO THIS PRIVACY POLICY

CWEA has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

YOUR ACCEPTANCE OF THESE TERMS

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

CONTACTING US

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

Carolina Winter Ensemble Association
Post Office Box 3514
Rock Hill, SC 29732
secretary@cwea.us

This document was last updated on December 16, 2016.