Terms of Use

Terms and Conditions

This Terms of Service (“Agreement”) govern your use of this website (the “Website”). By using the Website, you confirm that you accept the Agreement and that you agree to comply with the terms and conditions of this Agreement (including all future changes), whether or not you are a registered user of the Website. If you do not agree to this Agreement, you should not use the Website. Your continued use of the Website now or following the posting of any changes in this Agreement will indicate your acceptance and agreement with such changes.

Access to Website and Errors

We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. Our services are not suitable for those under eighteen years of age and, as such, by using the Website you represent that you are at least sixteen years of age. Persons who are at least sixteen years of age but under the age of eighteen years of age may only use the Website with legal parental or guardian consent. In order to protect the integrity of the Website, we reserve the right at any time and at our sole discretion to block users from specific IP addresses from accessing the Website. We do not warrant or guarantee that the Website or any of its content, or any of its functionalities and services is or will be accessible and/or legally permissible outside of the United States.

Access to third-party content and websites

We may provide content from a third-party on the Website and may link to third-party websites and content as a service to site visitors interested in this information. We make no representation, do not warrant, have no control over and do not endorse or adopt any content and/or websites from third-parties. Access and use of third-party content and/or websites including the information, materials, products, and services is solely at your own risk.

Viruses, Malware and Security

We will exercise all reasonable diligence to ensure that the Website is secure and free from viruses and other malware. You are responsible for protecting and configuring your information technology, computer programs and platform to access the Website. You should use your own virus protection and security software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website or any server, computer or database connected to the Website.

Intellectual Property Rights

We retain all proprietary rights in the Website, except where otherwise noted. All logos, texts, images, user interfaces, video media, artwork, computer code (including but not limited to HTML, JavaScript, ActionScript and XML) (together being the “Content”) including but not limited to the design, structure, general “look and feel” of the Website, is owned or licensed by or to us and is protected by various intellectual property and copyright laws. Except as otherwise declared within this Agreement, no part of the Website may be copied, reproduced, republished, posted, uploaded or otherwise duplicated on any other computer, server or website for commercial enterprise, without our prior written consent.

Indemnification

You agree to indemnify, defend and hold us, our Partners, and each of our and their respective officers, owners, directors, members, employees, independent and sub-contractors, affiliates, agents, representatives, successors and assigns (collectively, “indemnitees”) harmless from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation and/or use of the Website, unauthorized use of the Website, breach or alleged breach of this Agreement, or from any of your acts or omissions in connection with the Website.

Disclaimer of Warranty and Exclusion of Liability

THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION, ANY DATA, FILES, AND/OR OTHER INFORMATION STORED ON A SERVER OWNED OR UNDER OUR CONTROL OR IN ANY WAY CONNECTED WITH THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, ERROR­ FREE, VIRUS-FREE OR SECURE. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU OR ANY THIRD PARTY SUBMITS, POSTS, OR SENDS OVER THE SERVICE.

IN NO EVENT SHALL WE OR THE INDEMNITEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF INDEMNITEES FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS, IF ANY, PAID BY YOU TO US DURING THE PAST TWELVE MONTHS IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE.

Governing Law; Arbitration; Statute of Limitations Class Action Waiver:

This Agreement is governed by the laws of the state of Colorado without regard to its conflict or choice of law provisions.
Any controversy or claim (“Claim”) you have arising out of or relating to this Agreement shall be resolved by a single impartial arbitrator pursuant to proceedings administered by a mutually agreeable arbitration forum. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Colorado. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the state of Colorado shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to this Agreement.

You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. We reserve all rights and remedies available to us, in law or equity, with respect to any matter relating to these Terms of Use. This Arbitration agreement is governed by the Federal Arbitration Act. Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

Waiver and Severability

The failure to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

Complete Agreement

This Agreement, together with any revisions, the Visitor Agreement, Privacy Policy, any Additional Terms or Conditions incorporated by reference, constitutes the entire agreement between you and the relating to the Website and its use by you, and supersedes any previous written or oral communication regarding use of the Website.