Terms of Use Agreement
Welcome to
this Web site. This website has been prepared for informational
purposes only. By using our site, you must agree to comply with and be
bound by the following terms of use. Please read and review the
following terms carefully. If you do not agree with the terms and
conditions of this notice, you are hereby instructed not to access or
utilize information provided by the site, or to submit information to
the site.
1. Acceptance of Agreement.
You
agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to this site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the
Site, the content, products or services provided by or through the
Site, and the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific notice to
you. The most current Agreement will be posted on the Site, and prior
to using the site you should review this Agreement.
2. Copyright.
The
content, organization, graphics, design of the Site are protected under
applicable copyright laws. Redistribution, Copying, use or publication
by you of any such matters or any part of the Site is strictly
prohibited.
3. Permitted Uses.
You
are granted a revocable limited license (a) to access and use the Site
in accordance with this Agreement; and (b) to use the Site solely for
personal, non-commercial purposes. No print out or electronic version
of any part of the Site or its contents may be used by you in any
litigation or arbitration matter whatsoever under any circumstances.
4. Restrictions and Prohibitions on Use.
Your
license for access and use of the Site and any information, materials
or documents (collectively defined as "Content and Materials") therein
are subject to the following restrictions and prohibitions on use: You
may not (a) copy, print, republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any form or by
any means all or any portion of the Site or any Content and Materials
contained in it; (b) create compilations or derivative works of any
Content and Materials from the Site; (c) use any automatic or manual
process to harvest information from the Site; (d) use the Site in a
manner that violates any state or federal law regulating email,
facsimile transmissions or telephone solicitations; and (e) export or
re-export the Site or any portion thereof, or any software available on
or through the Site, in violation of the export control laws or
regulations of the United States.
5. No Legal Advice or Attorney-Client Relationship.
Information
contained on or made available through the Site is not intended to and
does not constitute legal advice, recommendations, mediation or
counseling under any circumstance and no attorney-client relationship
is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained in or
linked to the Site. Your use of information on the Site or materials
linked to the Site is entirely at your own risk. We are not a law firm
and the Site is not a lawyer referral service. We recommend that you
seek out your own legal and professional advice before making any
important decision.
Use
of the Site is at your own risk. The Site may contain advice, opinions,
and statements of various information providers and content providers.
We do not represent or endorse the accuracy or reliability of any
advice, opinion, statement or other information provided by any
information provider or content provider, or any user of the Site or
other person or entity. Reliance upon any such opinion, advice,
statement, or other information shall also be at your own risk. Neither
the site owners nor its information providers or content providers
shall be liable to any user or anyone else for any inaccuracy, error,
omission, interruption, use of any content herein, regardless of cause,
for any damages resulting there from. Transmission and/or receipt of
the information contained in the Site does not constitute a
professional-client relationship of any kind. It is your responsibility
to evaluate the accuracy, completeness and usefulness of any opinions,
advice, services or other information provided.
6. Advertisers.
The
Site may contain third party advertising and sponsorships. Advertisers
and sponsors are responsible for ensuring that the material they submit
for inclusion on the Site is accurate and complies with applicable
laws. We are not responsible for any error, inaccuracy, illegality or
problem in the advertiser's or sponsor's materials.
7. Corrections, Changes and Errors.
We
do not warrant or represent that the Site will be free of viruses,
errors or other harmful components, or that defects will be corrected.
We do not represent or warrant that the information available on or
through the Site will be correct, accurate, timely or otherwise
reliable. At any time, we may make changes to the features,
functionality or content of the Site. At our sole discretion, we
reserve the right to edit or delete any documents, information or other
content appearing on the Site.
8. Third Party Content.
The
content of Third parties may appear on the Site or may be accessible
via links from the Site. We are not responsible for and assume no
liability for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or profanity in the
statements, opinions, representations or any other form of content on
the Site. You agree that the information and opinions in the third
party content represent solely the thoughts of the author and is
neither endorsed by nor does it necessarily reflect our belief.
9. Indemnification.
You
agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns,
third party suppliers of information and documents, advertisers,
product and service providers, and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss, claim and
expense related to your violation of this Agreement or use of the Site.
10. Disclaimer.
THE
INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR
AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND
YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
11. Limitation of Liability.
(a)
We and any Affiliated Party shall not be held liable for any loss,
injury, claim, liability, or damage of any kind resulting in any way
from (a) any errors in or omissions from the Site or any services or
products obtainable therefrom, (b) the unavailability or interruption
of the Site or any features thereof, (c) your use of the Site, (d) the
content contained on the Site, or (e) any delay or failure in
performance beyond the control of a Covered Party.
(b)THE
AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH
ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT
EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
12. Third-Party Services.
We
may allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain goods or
services. You understand that we do not operate or control the products
or services offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into between you and
Merchants. You agree that use of or purchase from such Merchants is AT
YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU
AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
13. Third-Party Merchant Policies.
All
rules, policies (including privacy policies) and operating procedures
of Merchants will apply to you while on any Merchant sites. We are not
responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has authority
to make any representations or commitments on behalf of the other.
14. Privacy Policy.
Our
Privacy Policy, as it may change from time to time, is a part of this
Agreement.You must review current version of the Privacy Policy which
can be found by a link on the Sites home page.
15. Links to other Web Sites.
The
Site contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so
at your own risk.
16. Legal Compliance.
You
agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and
the Content and Materials provided therein.
17. Miscellaneous.
This
Agreement shall be treated as though it were executed and performed in
the state of Colorado, and shall be governed by and construed in
accordance with the laws of the State of Colorado (without regard to
conflict of law principles). Any cause of action by you with respect to
the Site (and/or any information, Documents, products or services
related thereto) must be instituted within one (1) year after the cause
of action arose or be forever waived and barred. The language in this
Agreement shall be interpreted as to its fair meaning and not strictly
for or against any party. Any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not
apply in interpreting this Agreement. This Agreement and all
incorporated agreements and your information may be automatically
assigned by us in our sole discretion to a third party in the event of
an acquisition, sale or merger. If any provision of this agreement is
held illegal, invalid or unenforceable for any reason, that provision
shall be enforced to the maximum extent permissible, and the other
provisions of this Agreement shall remain in full force and effect. If
any provision of this Agreement is held illegal, invalid or
unenforceable, it shall be replaced, to the extent possible, with a
legal, valid, and unenforceable provision that is similar in tenor to
the illegal, invalid, or unenforceable provision as is legally
possible. To the extent that anything in or associated with the Site is
in conflict or inconsistent with this Agreement, this Agreement shall
take precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to
enforce such provision. Our rights under this Agreement shall survive
any termination of this Agreement. The title, headings and captions of
this Agreement are provided for convenience only and shall have no
effect on the construction of the terms of this agreement.