Acknowledgement of Terms.  This Terms of Use Agreement (“Agreement”) is a legally binding agreement between you and Pure Gold. By accessing this Web Site or using the Services available through this Web Site, you agree that you have read and understand this Agreement, and agree to all of the terms and conditions in this Agreement. If you do not agree to the provisions in this Agreement, you may not use the Services or further access this Web Site. This Agreement together with Pure Gold Privacy Policy (incorporated into this Agreement by reference) constitute the entire agreement between you and Pure Gold regarding the Web Site and Services and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.

Agreement Amendment.  Pure Gold reserves the right to modify this Agreement at any time by posting such modifications to this Web Site. Your continued access to the Web Site or use of the Services shall signify your agreement to such modifications. We encourage you to periodically review the posted Agreement. You may at any time print, download and/or store a copy of this Agreement. If you experience any difficulty in printing, downloading or storing this Agreement, please contact us at mark.silvey@elias-savion.com .

Your Eligibility.  The Web Site and Services are intended only for persons who can form legally binding contracts under applicable law. The Web Site is not intended for, and the Services are not available to, individuals age 13 or under. We may, at our sole and absolute discretion, refuse to accept a person's (or entity's) registration, and may, at any time after accepting registration, refuse to permit a User’s continuing use of the Web Site or Services.

Password and Security.  Certain Services available on the Web Site require that you register with us identifying a User Name and Password. You are solely responsible for maintaining the confidentiality of any User Name and Password and are fully responsible for all activities that occur under your Password or account. You agree to (i) immediately notify us of any unauthorized use of your Password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Pure Gold cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

Disclosure of Affiliations.  Pure Gold may work with a variety of third parties to provide the Services available on this Web Site, and/or to provide links to other web sites.  These third parties may include, for example, web site design, hosting, and maintenance providers, content providers, technology providers, and suppliers of news information and services (“Affiliates”). These entities may supply information for posting on or access through this Web Site, and but they do not control the content or policies of this Web Site.

Intellectual Property.  You acknowledge and agree that the Web Site, Services, Content, and any necessary Software used in connection the Web Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Pure Gold or its licensors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

Pure Gold grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software solely for the purpose of accessing the Web Site and using the Services, and provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Web Site or Services. You agree not to access the Services by any means other than through the interface that is provided by Pure Gold for doing so.
Pure Gold and its logos are trademarks or service marks of Pure Gold.  No display or use of such marks may be made without the express written permission of Pure Gold.

Content and Other Information.  The information accessible on this Web Site (Content) is owned by Pure Gold, its Affiliates, or other third parties.  This Content is provided to you solely for your personal use. You may not access or use this Content for commercial, competitive, or any other purposes. You may not modify, republish, perform, post, transmit or distribute any Content except with express written consent of Pure Gold in each instance. You may copy Content only to the extent necessary for your personal use. Pure Gold, or its Licensors as applicable, expressly retains all right, title and interest in and to any proprietary content and the related intellectual property rights.  Failure to adhere to these provisions could subject you to serious penalties under federal copyright law.

Reliance on Content.   Pure Gold and its Affiliates use reasonable efforts to ensure that any factual information contained in Content is accurate. However, Pure Gold and its Affiliates are not responsible and shall not be liable for any inaccuracies or any damages or losses resulting from reliance by any party on any Content. Your use of Content obtained on or through the Web Site or through use of the Services is solely at your own discretion and risk. You hereby release Pure Gold and its Affiliates, and each of their respective successors and assigns from any and all actual or alleged damages which may result from your use of or reliance on any Content.

Fan Club.  The Fan Club feature of the Web Site allows you to provide feedback related to Pure Gold for posting on the Web Site, as well as to read feedback contributed by other fans. By using the Web Site and submitting any information, comments, or other written material in any form, via Fan Feedback or otherwise, related to Pure Gold and/or a Pure Gold performance (“Feedback”) to Pure Gold, you agree that Pure Gold has the unlimited, worldwide, royalty-free, perpetual, irrevocable right and license to use such Feedback for any purpose, including but not limited to posting on the Web Site.
eBooking Agent.   The eBooking Agent feature of the Web Site allows you to request a performance by Pure Gold. This feature allows you to request performance date, event type, and select songs you would like included in the performance. Pure Gold does not and cannot guarantee that requests placed through eBooking Agent will be fulfilled. A representative of Pure Gold will use reasonable efforts to respond promptly to your request and attempt to complete the booking. All performances by Pure Gold are fee-based. 

Links to Other Web Sites.  The Web Site may provide links to the web sites or services of others third-party sites. Links to such third-party sites do not constitute any endorsement by Pure Gold of such third-party sites, or the products, content, materials or information presented or made available by such sites.  You acknowledge and agree that Pure Gold, its service providers and representatives, are not responsible for any damages or losses caused or alleged to have been caused by the use of any third-party sites, or from the products, content, material or information presented by or available through those sites.

Modifications to Services/Content.  You acknowledge and agree that Pure Gold may change, modify, amend, suspend or discontinue any aspect of the Web Site, Services or Content at any time, without notice and without liability to any you or any third party.

Disclaimer of Warranties.  THE WEB SITE AND SERVICES AND ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEB SITE OR SERVICES, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY OF INFORMATIONAL CONTENT.

PURE GOLD AND ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR INFORMATION CONTAINED THEREIN OR ON THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CONTENT, SOFTWARE, PRODUCTS, ITEMS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEB SITE OR THE SERVICES, WILL BE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability:  IN NO EVENT SHALL PURE GOLD, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS OR DAMAGES WHETHER ARISING FROM AN ACTION IN CONTRACT, TORT, OR OTHERWISE, RELATED TO OR IN CONNECTION WITH THIS WEB SITE OR ANY SERVICES OR CONTENT MADE AVAILABLE ON OR THROUGH THIS WEB SITE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PURE GOLD AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS, OR INACCURACIES OF INFORMATIONAL CONTENT, OR ANY DECISION MADE IN RELIANCE ON THE CONTENT CONTAINED ON OR ACCESSIBLE THROUGH THE WEB SITE.

YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THIS WEB SITE IS TO DISCONTINUE USING THIS WEB SITE AND THE RELATED CONTENT AND SERVICES. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notices. Any notice to Pure Gold regarding the Web Site or Services should be directed to mark.silvey@elias-savion.com or personally delivered or mailed by certified or other receipted mail service to Pure Gold, P.O. Box 5141 Pittsburgh, PA 15206-0141. Any notice to you shall be given by both e-mail and by postal delivery using the addresses given by you during registration. Notice shall be deemed given within three (3) days after the date of the postal mailing.

Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

Choice of Law: This Agreement shall be governed by and interpreted in accordance with laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of laws provisions.  The parties hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in the Commonwealth of Pennsylvania.

Waiver. The failure of Pure Gold to exercise or enforce any right or provision of this Agreement will not deemed a waiver of such right or provision.

Survival. The provisions of this Agreement which by their nature would continue beyond termination or expiration of this Agreement shall survive termination or expiration.