1) Access. Company has the right (but not the obligation) to immediately suspend or terminate Your ability to access and use the Site if, in Company’s sole discretion, (a) Your use may cause harm to the Site or disrupt the ability of other users to use and access the Site, (b) fraudulent, unauthorized or illegal use of the Site is or may be occurring, (c) such suspension or termination is necessary or advisable to protect the Site, Your data or the data of any other users, (d) Company may be required by law to suspend or terminate access, or (e) Your use of the Site is in violation of any other agreement between You and Company. You may be unable to access the Site from time to time in the event Company or its contractors are performing maintenance to or updating the Site, and such inability to access the Site may be due to scheduled or unplanned maintenance or updates.
2) Purpose. Content on the Site is provided for informational purposes only. Content on the Site is not intended as financial or legal advice. You are solely responsible for all decisions You make regarding your rental agreements, financial transactions and any other matters relating to the subject matter of this Site. The Site in no way should be seen as a replacement for consultation with professional advisers. The Site is solely for Your personal use, subject to all limitations and disclaimers set forth in these Terms, and should not be used by You to provide advice to any third party.
4) How to Contact Us. If You have any questions related to these Terms, or if You would like to opt out of future communications, please contact Company as follows [email protected].
5) Intellectual Property Rights. All content of this Site (“Content”) and all software used on this Site (“Software”) is owned or controlled by Company or its licensors and is protected by worldwide copyright laws. You shall not, directly or indirectly, copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code of the Software. You acknowledge and agree that as between You and Company, Company is the sole and exclusive owner of all intellectual property and proprietary rights in and to the Content and Software. On the condition You comply with these Terms, Company grants You a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access the Site on Your computer and to view and download Content only for Your personal use; provided, that You shall not otherwise reproduce the Content and You shall not distribute, display or create derivative works of any Content. Except as expressly stated herein, You are not granted any other rights in and to the Site or its Content or Software or any intellectual property rights therein. Without limiting the foregoing, Company reserves all rights to all trademarks, service marks, logos, designs, user interface and “look and feel” of the Site (including the Software and Content), and no use of any of these may be made without the prior, written authorization of Company. The license granted in this paragraph automatically shall terminate without notice to You upon any of the following: (a) You breach Your obligations under these Terms and, for breaches that can be cured, You fail to cure such breach within 10 days after Company gives you written notice of such breach; (b) You breach Your obligations under these Terms and such breach cannot be cured (as determined by Company in its sole discretion); (c) You choose to terminate Your use of and access to the Site; (d) You do not agree to and accept unequivocally all of these Terms; or (e) Company terminates or suspends Your right to access the Site as set forth in these Terms.
6) Disclaimers, Waiver and Limitation on Liability. Company will use reasonable efforts to include up-to-date and accurate information on this Site, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. Company shall not be liable for any damages or injury resulting from Your access to, or inability to access, this Site, or from Your reliance on any information provided at this Site.
The Content provided at this Site is provided “AS IS” without any warranties of any kind, and Company expressly disclaims all express or implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Company does not warrant the accuracy, adequacy or completeness of the content at this Site and expressly disclaims liability for errors and omissions therein.
Your use of this Site is at Your own risk, and it is Your responsibility to take precautions to ensure that the pages and other materials are free from viruses, worms, Trojan horses, time bombs or other items of a destructive nature. There is no guarantee that this Site will be available on a consistent or ongoing basis, and this Site may be subject to periods of interruption or be terminated at any time.
Under no circumstances shall Company, its suppliers, business partners, licensor or other third parties mentioned at this Site be liable for any damages or injury whatsoever, including direct, indirect, special or consequential damages, arising out of the use, inability to use, the results of use of this Site, or reliance on information at this Site, any websites linked to this Site or the materials or information contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not Company is advised of the possibility of such damages or injury.
Company shall not be liable under any circumstances for any damages due to mistakes, omissions, computer virus, interruptions, deletion of files, errors, defects, delays in operation or transmissions, or failure of performance.
Without limiting any of the foregoing, You further acknowledge and agree that Company has no responsibility or liability to You for any promotions, goods or services offered by any vendor identified on this Site. If You are contacted by or if You contact any such vendor, You agree that any actual or potential offer, business transaction, purchase or license (“Vendor Transaction”) that You enter into with such vendor is solely between You and such vendor and that Company is not a party to nor responsible for any aspect of such Vendor Transaction. Company does not process Vendor Transactions and Company does not accept payment from You for any Vendor Transaction. Company does not provide any advice or recommendations with respect to any Vendor Transaction, does not provide customer service or support with respect to any Vendor Transaction, and does not process any payments, shipments, returns, exchanges, requests for refund, warranty claims or any other matter with respect to Vendor Transactions. Any Vendor Transaction that You consider or enter into is solely between You and the applicable third-party vendor. Any remedy or recourse You may have with respect to a Vendor Transaction is solely and exclusively with the applicable vendor and its agents and contractors, and not with Company.
You fully and forever release and discharge Company, its directors, officers, employees, agents, and insurers (the “Released Parties”) from any and all injuries (including death), Losses, damages, claims (including Negligence claims), demands, lawsuits, expenses and any other liability of any kind, of or to You, Your property, or any other person, directly or indirectly arising out of or in connection with any Vendor Transaction, even if it is due to the negligence or other fault of the Released Parties.
You will not initiate any lawsuit, court action or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claims for money damages which any may have, on account of injuries (including death), Losses, or damages sustained by You or other in connection with or relating in any way to a Vendor Transaction, and You waive any right You may have to do so. This means that You cannot sue to hold the Released Parties responsible for any injuries, Losses, or damages that You may experience related to any Vendor Transaction, even if it is due to the negligence or fault of the Released Parties. You waive Your insurers’ rights to make a claim against the Released Parties based on payments by insurers to You or on Your behalf for any reason. This means Your insurers have no right of subrogation.
If You are a California resident or could otherwise claim the protections of California law, You further expressly waive the provisions of Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which, if known by him or her, must have materially affected his or her settlement with the debtor.” You acknowledge that You have read and understand Section 1542 of the California Civil Code, and You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to Your release of any claims You may have against the Released Parties.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You might have additional rights.
8) Changes to the Site. Company may make changes to the Content at this Site at any time without notice; however, the Content at this Site may be out of date and Company makes no commitment to update the Content at this Site. Company has the right (but not the obligation) to delete, modify, revise or supplement the Site, the Content of this Site, or these Terms at any time for any reason without notice to anyone. It is Your responsibility to visit this page from time to time to review the then-current Terms. Your continued use of the Site (including any Software or Content) constitutes Your consent to, and agreement to be bound by, any changes to the Site, Content, Software or the Terms.
9) Remedies; Survival of Terms. If You fail to comply with these Terms, Company reserves the right to bring any and all claims against You in law and/or in equity that may be available. Notwithstanding the termination of these Terms, the provisions of Sections 5, 6, 10 and 11 shall survive and continue to be binding on You.
10) Indemnification. You shall indemnify and hold harmless, and at Company’s request defend, Company and its affiliates, and their respective officers, directors, employees, agents, successors and assigns (each an “Indemnified Party”), from and against any and all actual or pending claims, losses, damages, costs, fines, expenses or other liabilities, including reasonable attorneys’ fees and expenses, including those incurred in any dispute between the parties in any enforcement of this provision (collectively, “Losses”) arising out of any third-party claim relating to or based upon: (a) actual or alleged injury or illness to any person (including death) or damage to property to the extent caused in whole or in part by You; (b) infringement, misappropriation or other violation of any third party’s intellectual property or proprietary rights, rights to privacy or rights to publicity arising from or relating to User Content or any use of the Site (including any Software or Content) other than as expressly permitted by these Terms; (c) non-fulfillment or breach by You of any agreement or obligation under these Terms; (d) the inaccuracy or breach of any representation, warranty or covenant made by You in these Terms; or (e) Your violation of law or willful misconduct. If Company requests that you assume the defense, the Indemnified Party shall have the right to participate in the defense of any Losses and to employ counsel, at its own expense, separate from the counsel employed by You, and the Indemnified Party will reasonably cooperate (at Your expense) in the defense and shall have the right to approve any proposed settlement or compromise. Notwithstanding anything herein to the contrary, You shall not consent to, and no Indemnified Party shall be required to approve, any settlement, compromise or judgment that (x) You do not fully pay for, (y) provides for injunctive or other non-monetary relief affecting any other Indemnified Party or includes any statement or implication of any wrongful or improper act or omission by any Indemnified Party, and (z) does not include an unconditional release from all liability of each Indemnified Party with respect to such Losses by each third party that has claimed, or has a right to make a claim for, or with respect to any Losses.
11) Additional Terms. These Terms constitute the entire agreement between You and Company with respect to Your access to and use of the Site, and supersede any other agreement (oral or written) between You and Company regarding the specific subject matter hereof. Subject to Section 8, no changes may be made to these Terms unless approved in a writing signed by Company. These Terms and any related claim or dispute, whether in contract, tort or otherwise, shall be governed by the laws in effect in the State of Colorado, without giving effect to its conflicts of law principles. Each party irrevocably consents and agrees to the exclusive jurisdiction of the Colorado state or federal courts, as applicable, located in Denver, Colorado. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OR COMPANY’S PROVISION OF, OR YOUR USE OF THE SITE, SOFTWARE OR CONTENT. You may not assign or delegate any of Your duties or obligations under these Terms without the prior written consent of Company and any purported assignment without such consent shall be null and void. Company may assign or delegate these Terms or any of its rights to any entity without limitation. You agree that Company would be irreparably harmed by any use of the Site, Software or Content in any manner not in accordance with these Terms, and would suffer injuries for which damages at law would be inadequate, and You agree that Company shall have the right to injunctive or other equitable relief, without obligation for Company to post a bond. Nothing contained herein shall deem or construe the parties to be partners, joint venturers, principal-agent or employer-employee, and no party shall have any authority to obligate or bind the other whatsoever.