- OTHER applicable TERMS
- GENERAL TERMS AND RESTRICTIONS on use
You are responsible for complying with all system requirements or other technical requirements which may be necessary to access the Sites or any part thereof.
If you access any Site from outside the United States, you do so solely at your own risk, and you are responsible for compliance with the laws of the jurisdiction from which you access the Site.
Except where otherwise noted, all information, materials, functions and other Content contained on the Sites are protected by United States and international trademark and copyright law, and are owned and controlled by us, our licensors, or our licensees. You may not remove or obscure any proprietary rights notices contained in or on any of the Sites. The Sites may also contain Content owned by other copyright and trademark holders which will be identified by applicable copyright notices and shall be and remain the sole property of such holders. Except for Content created solely by you (“User Content”), you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content that appears on, or is accessible through, the Sites.
We respect the intellectual property of others, and we ask you to do the same. If you believe that we have copied or used your work in a way that constitutes copyright infringement, please provide us with the following information at the address provided below:
- An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on any Site sufficient to allow us to locate the allegedly infringing material;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- SUBMISSIONS BY YOU
We welcome your comments regarding the Sites. Any unsolicited comments, feedback, notes, messages, ideas, suggestions or other communications from you to us (each a “Comment”), however, shall be and remain our exclusive property. Your submission of any Comment shall constitute an assignment to us of all worldwide right, title and interest in any and all copyright or other intellectual property rights in the Comment. We will be entitled to use and exploit the Comment for any purpose whatsoever, without liability, and without notice or compensation to you.
To access some services on the Sites you will be required to create an account. In the event you agree to register an account, you will be asked for certain information which may include a username and password and/or personal identification number (your “Account Information”). You agree that your Account Information is personal to you and not to share your Account Information with any other persons. You agree that the security and confidentiality of your Account Information is solely your responsibility, and that you will immediately notify us, via the contact information shown below, in the event that your Account Information changes or that you learn of or have reason to believe that your Account Information has been obtained or used by a third-party. In order to protect your account from unauthorized access, you agree to log out of your account at the end of each session of use.
During the account registration process, you agree to provide full, complete and truthful information and responses, and agree to not impersonate any person or entity, or to misrepresent your identity or your affiliation with any person or entity, including through the use of another person’s name or likeness.
- Third Parties
We may include links to third party web sites on the Sites. Some of these third-party sites may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse, and are not responsible for any content, products, services or other materials on or available from such third-party sites. You acknowledge and agree that we are not responsible for any Content or other materials, or the privacy policies and practices of these third party sites. By using this Site, you expressly waive any rights, claims or liability against us from your use of any third-party website.
- WEBSITE ALTERATIONS
We reserve the right to modify, amend, remove, delete, or otherwise alter any portion of the Sites or the functionality thereof at any time, at our sole discretion, and without liability.
- DECOMPILING; AUTOMATED ACCESS
Except as permitted by applicable law, you may not make any attempt to decompile, reverse engineer, disassemble, adapt, or otherwise reduce to readable form any aspect of the Sites or any software offered for download.
The use of any software, code, device, or other mechanism to automatically access, interact with, provide data or information to, or manipulate any Site or any part thereof is strictly prohibited. We reserve the right to terminate your account if we, in our sole and absolute discretion, determine that you have used or attempted to use any such mechanism.
- PROHIBITED ACTIVITIES
You may not use the Sites for any purposes or in any way that is unlawful or which causes harm to us or any other person or entity, including through any of the following types of activities:
- The use of the Sites to post, store or disseminate material or information that is, or to a reasonable person may be, false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable;
- The use of the Sites to post, store or disseminate content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person;
- The use of the Sites to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Sites, to restricted portion of the Sites, to content, or any other computer network or equipment;
- The use of the Sites to post, store or disseminate viruses, ‘Trojan horses’ or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment;
- The use of the Sites to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation;
- The use of any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Sites (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Sites);
- The use of the Sites to gain competitive intelligence about us, the Sites or any service offered via the Sites or to otherwise compete with us or our affiliates;
- Framing or otherwise simulating the appearance or functions of the Sites or any portion thereof; or
- Harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users.
- EXCLUSION OF WARRANTIES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITES, ANY CONTENT, AND ANY PRODUCTS AND/OR SERVICES OFFERED VIA THE sites ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, we EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, we MAKE NO WARRANTY THAT ANY site, ANY CONTENT, OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE sites WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE sites WILL MEET YOUR EXPECTATIONS.
ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE accessed or OBTAINED THROUGH THE USE OF THE sites IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADing or accessing OF ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT we SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF we HAve BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITES, ANY CONTENT, SERVICES, OR PRODUCTS VIA THE SITES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (C) ANY OTHER MATTER RELATING TO THE SITES, ANY CONTENT (including User Content) OR our products and SERVICES. IF YOU ARE DISSATISFIED WITH ANY SITE, product or service YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF such site, product or service AND to TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS.
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.
- TERM AND TERMINATION
- GOVERNING LAW; MISCELLANEOUS
We may allow you to order products and/or services via the Sites, or require you to purchase subscriptions or other access to certain portions of the Sites (“Orders”). Upon your placing of an Order, you agree to pay the applicable purchase price of the product, service, or access. Prices and availability of products, services, and access may change without notice. To the extent that your Order requires you to pay any transaction fee, tax, or other amount in excess of the purchase price, such amounts shall be non-refundable.
c/o Polsinelli PC
1515 Wynkoop Street, Ste. 600
Denver, CO 80202
Attn: Jeffrey Kass, Esq.
Last Updated: June 3, 2014