Acceptance of the Terms.
We have the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
- change or terminate all or any part of our Services;
- restrict or terminate your access to all or any part of our Services; or
- refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.
Limits on Liability.
To the fullest extent permitted by law, we will not be liable for:
- the contents of any communication, message, or information posted by you or other third parties;
- the content of any website not controlled, owned, or operated by us that is accessed from or linked to this Site;
- the content, services or information provided by any website purporting to be operated by us or our affiliates, but not actually affiliated with, controlled, owned, or operated by us;
- any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
- any direct, indirect, incidental, special, punitive or consequential damages arising out of or relating to use of or inability to use the Site, even if we have been advised of the possibility of such damages, including but not limited to, loss of profits, loss of data or loss of use damages. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.
The information on the Site may contain inaccuracies and typographical errors. We do not assume any responsibility or liability for any such inaccuracies, errors or omissions. We reserve the right to make changes, corrections, cancellations and/or improvements to the information on the Site, and to the properties and programs described on the Site, at any time without notice. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. We make no representations or warranties, express or implied, with respect to the information provided on this Site.
Please note that this Site and the information contained in the Site is provided for informational purposes only and does not constitute, nor is it intended to constitute, an offer to sell or a solicitation of interest to purchase securities. Any such offer or solicitation would only be made in accordance with applicable state and federal securities laws.
Third Party Websites.
Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by us of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because we have no control over third-party websites and resources, you acknowledge and agree that we are not responsible for the information and contents of such third-party websites and do not endorse and are not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.
You are prohibited from using the Site in a way that:
- is unlawful, threatening, bullying, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that we deem in our sole discretion to be inappropriate for this Site;
- victimizes, harasses, “stalks,” degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
- tries to gain unauthorized access to the Site, its computers and networks, or its user data, or that otherwise modifies or interferes with the use or operation of the Site;
- imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to transmitting spam or using other such unsolicited mass emailing techniques;
- transmits or contains computer viruses or other disruptive, damaging or harmful files or programs; or
- otherwise violates these Terms or any other of our guidelines or policies or posted on the Site.
We will cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any users who violate these Terms and may disclose your information to such law enforcement officials and/or agencies if required by law.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by us or our affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part.
No Reproduction or Resale.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
You agree to indemnify, hold harmless and, if requested by us in our sole and absolute discretion, defend (with counsel approved by us ) us, our directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity.
Fair Housing/Equal Housing Opportunity.
We are an Equal Housing Opportunity company, which means we (as well as all of our affiliated entities and employees) comply with the Fair Housing Act and other applicable federal, state and local anti-housing discrimination laws.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS. WE MAKE NO WARRANTY THAT THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You and we agree that the Terms and the relationship between you and us shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of laws analysis. You and we hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the county of Denver, Colorado, or the United States District Court for the District of Colorado for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence any legal proceedings related thereto except in such court. You and we irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by an authorized representative of us. Unless a written waiver by us, if any, contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
In the event that any part of these Terms shall be held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed and enforced to the maximum extent permitted by law. If such provision cannot be reformed, it shall be severed from these Terms and the remaining portions of these Terms shall remain valid and enforceable. Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.