You understand and agree that, to the fullest extent permitted under applicable law, under no circumstances shall Chorale, Chorale’s Affiliates or Chorale’s independent contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages of any kind that may result in any way from your access to, use or inability to access or use the Site or the information, services or merchandise provided on or through the Site (including, without limitation, any provided from you, third-party sites linked to the Site, or other third parties), or from your reliance on the Site or such information, services, or merchandise, including, without limitation, any damages that result from mistakes, errors, omissions, interruptions, defects, deletion of files, viruses, delays in operation or transmission, any failure of performance, or any actions Chorale takes or fails to take as a result of email messages that you send to Chorale, even if Chorale or our representatives have been negligent or have been advised of the possibility of such damages. In no event shall Chorale’s liability to you for all damages, losses and cause of action arising out of your use of the website exceed the greater of $20 or the amount paid by you, if anything, for access to the Site or for any merchandise, services, or other items involved. Certain jurisdictions prohibit the types of limitations in this paragraph, thus the above limitations may not apply to you.

You agree to indemnify, defend and hold Chorale, its directors, officers, employees, agents and independent contractors harmless from all claims, causes of actions, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to (a) your violation of these Terms or the rights of any other user, or (b) your use of the Site or any services provided through the Site or by third parties linked to the Site.  Chorale shall have sole control over any such defense.

To the extent that Chorale makes any interactive features available on the site, such as the ability to post comments or engage in discussions, you agree that any comments, content, links, or other material provided by you will not (a) violate any law, (b) impersonate any person or entity or misrepresent your affiliation with any person or entity, (c) stalk, harass or harm another individual, (d) promote intolerance toward any protected class, (e) collect or store personal data about other users or visitors to the Site, (f) disobey any requirements, procedures, policies or regulations of any contractor providing services through the Site or maintaining the Site, (g) upload, post or otherwise transmit any content that infringes any intellectual property or other proprietary rights of any third party or that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.  In posting materials to the Site, you represent that you have all necessary rights in and to such materials and that such posting is in compliance with the Terms.  In posting materials to the Site, you agree that you are thereby granting Chorale a perpetual, non-exclusive license to use, reproduce, prepare derivative works of, distribute, perform, store, host, modify and display any such materials in any matter or medium and to sub-license such rights to any third party.

Chorale and its designees shall have the right (but not the obligation) in their sole discretion to review and remove or refuse to remove any content that is made available on the Site by others, including, without limitation, any content that violates the Terms or is otherwise objectionable.  Notwithstanding the foregoing, Chorale expressly disclaims any responsibility or liability for any material communicated by you or third parties through the Site.

Chorale may change these Terms from time to time and you are responsible for checking whether the Terms have been revised.  Chorale will revise the date of the last update shown at the beginning of the Terms in the event of any such revision, and may include the dates of each revision with an indication of the applicable sections that were revised.  Your access and use of the Site following any such revision will constitute your agreement to the revised Terms.  

Except as expressly provided herein, these Terms contain the entire terms between Chorale and you.  In the event any provision of these Terms is held to be illegal, invalid or unenforceable, then the remaining terms shall remain in full effect, the unenforceable term will be stricken and, to the extent permitted by law, an enforceable term will be substituted reflecting Chorale’s intent as closely as possible.  Chorale’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to your use of the Site or information, services, merchandise or other material provided by or through the Site must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred.