License to Use Site

This site grants you a non-exclusive, non-transferable, limited right to access, use, and display the sites and materials thereon for your personal use only, provided that you comply fully with these Terms and Conditions. You shall not interfere or attempt to interfere with the operation of this site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses, or by any other means.

Ownership; Restrictions

This site owns, controls, licenses, or has the right to use and provide the sites and all material on the sites, including without limitation all text, images, articles, photographs, illustrations, audio, and video clips (collectively, “site material”). The sites are each protected by copyright as a collective work and/or compilation pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You agree to abide by any and all copyright notices, information, or restrictions displayed on each site.

Except as provided in these Terms and Conditions, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any of the site material or any part of the sites without prior written consent from this site. You may download one (1) copy of site material for your personal use, provided that you maintain all copyright, attribution, and other notices contained in the site material, including any trademarks. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, regulations, and rules regarding your use of such downloaded site material.

Changes to Sites

This site shall have the right for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of any site. this site may also impose limits on certain features or restrict your access to parts of any site without notice or liability. You acknowledge and agree that this site will not be liable to you or any third party in the event that this site exercises its right to modify or terminate access to any site or portions of any site.

Indemnification

You shall indemnify, defend, and hold harmless this site, its affiliates, and all of their respective officers, directors, owners, agents, employees, site material providers, licensors, and licensees (collectively, “indemnified parties”) from and against any and all losses, damages, and claims and all fees, costs, and expenses of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the indemnified parties in connection with any claim arising out of, based upon, or resulting from your use of any of this site’s sites.

Disclaimer of Warranties and Damages; Limitation of Liability

THIS SITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITES, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. this site DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. this site DOES NOT WARRANT OR REPRESENT THE ACCURACY OR RELIABILITY OF THE SITES, THE CONTENT THEREOF, INFORMATION ACCESSED THROUGH THE SITES, LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THORUGH THE SITES OR ANY LINKED SITE. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES. CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE OR INAPPROPRIATE BY INDIVIDUAL USERS AND EACH USER MUST EXERCISE HIS OR HER DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITES. UNDER NO CIRCUMSTANCES SHALL this site, ITS AFFILIATES, OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS ON ANY OF THIS SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You agree that any claim or cause of action arising out of your use of this site must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations to the contrary.

Acceptable Use

By using any of this site’s sites, you agree that you:

• Will only use this site for lawful purposes and in accordance with these Terms and Conditions.
• Agree with this site’s Privacy Policy.
• Acknowledge that this site may be unable to process and shall have no responsibility to process transactions the accuracy of which this site cannot validate.

Without limitation of the foregoing, you agree to not use any of this site to:

• Upload, post, email, or otherwise transmit any communication that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful.
• Upload, post, email, or otherwise transmit any communication that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis or religion, gender, sexual orientation, race, national origin, ethnicity, age, disability, or any other protected status.
• Harm minors in any way.
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Upload, post, email, or otherwise transmit any communication that you do not have a right to transmit under any law or under contractual or fiduciary relationships (including but not limited to proprietary or confidential information learned as part of employment relationships).
• Upload, post, email, or otherwise transmit any communication that infringes any patent, trademark, trade secret, copyright, or other rights of any party.
• Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “pyramid schemes,” or any other form of solicitation.
• Upload, post, email, or otherwise transmit any material that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or engage in any other similarly destructive activity.
• Interfere with or disrupt any of this site or servers or networks connected to the sites, or disobey any requirements, procedures, policies, or regulations of such networks.
• Violate any applicable local, state, federal, or international law.

You also agree that you will not harvest, collect, or store information about the users of this site or use such information for any purpose.

Changes to Terms and Conditions

This site reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these Terms and Conditions, in whole or in part, at any time. Changes in these Terms and Conditions will be effective when posted. You agree to review these Terms and Conditions periodically to be aware of any changes. Your continued use of any site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes. You acknowledge and agree that this site will not be liable to you or any third party in the event that this site exercises its right to modify or terminate access to any of the sites or portions of any site.

General Provisions

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions and/or this site shall be an appropriate State or Federal court located in Boulder County in the State of Colorado, and this site and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent possible and the remainder of these Terms and Conditions shall continue in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.