Last revised August 2020
NOTICE: Please read these Terms and Conditions carefully as they govern your use of the Services. These Terms contain important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved.
Accounts and Account Information
In accessing any of the Websites or the Services, you may choose, or be provided with, a username, password or any other information (the “Account Information”) as part of our registration for a secure account (an “Account”). You agree and acknowledge that you will treat and hold your Account Information as confidential, and you shall not disclose it to any other person or entity. You further agree and acknowledge that you will not transfer your Account to anyone else. You also acknowledge and agree that your Account is personal to you and that you are responsible for all activity that occurs through your Account or using your Account Information. You further agree and acknowledge that we will not be liable for any loss or damage arising from your failure to protect your Account, your Account Information or any other personal user information.
If any unauthorized access to or use of your Account or your Account Information or any other breach of security occurs with respect thereto, you must notify us immediately. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your Account Information or other personal information.
General and Prohibited Use of the Services
You agree and acknowledge that you will only use your Account in accordance with all applicable laws. You further agree and acknowledge that you are prohibited from using the Services in any manner that is not expressly and unambiguously authorized by these Terms.
You agree not to use the Services:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing;
To harvest or collect information about other users of the Services;
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability; and
Additionally, you agree not to:
Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites;
Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
Use any manual process to monitor or copy any of the material on the Websites or for any unauthorized purpose without the Company’s prior written consent;
Use any meta tags or any other hidden text utilizing Company’s name or marks;
Use a buying agent to conduct transactions on the Websites;
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the servers on which the Websites are stored, or any server, computer or database connected to the Websites;
Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Websites.
This list of prohibited activities is not exhaustive and the Company retains the right to determine, in its sole discretion and at any time, that you have engaged in prohibited conduct in relation to the Services.
The Services, including the Websites, are proprietary to the Company. Any materials displayed or performed or available on or through the Services, including but not limited to, text, graphics, data, articles, photos, images, illustrations (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.
You represent and warrant that you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, without the prior consent of the owner of that Content, or in a way that violates the Company’s rights or the rights of any other third party.
You agree not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.
You acknowledge and agree that the Company transfers no ownership or intellectual property interest or title in and to the Content or the Services to you or anyone else in connection with your use of the Services.
We may, in our sole discretion, remove any Content from the Services at any time, for any or no reason and without notice.
You may not use any trademarks, logos, service marks, or Content on the Websites for commercial use without obtaining prior written authorization from the owner. If you wish to make any use of material on the Website other than as expressly permitted in this section, please send your request by contacting us.
The Websites may contain product reviews, discussion forums, and other types of user generated content, or other areas or services where you or third parties may create, post, or store any content, messages, or other material on the Website (collectively, “User Contributions”). Any User Contributions you post to the Websites will be considered non‑confidential and non-proprietary. The Company neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Company will not be liable for any loss or damage caused by your reliance on User Contributions.
You acknowledgeand agree that any materials, including any feedback, suggestions, improvements, enhancements, feature requests, ideas, notes, drawings or other information or commentary you provide via the Services, that you provide to the Company, whether by email, posting to any of the Websites, become the sole property of the Company.
You grant Company and its affiliates, service providers, licensees, successors and assigns a non-exclusive, sub-licensable, non-fully paid-up, perpetual, irrevocable, royalty-free, transferable right and the right to use, reproduce, modify, create derivative works of, perform, display, publish, distribute and otherwise disclose to third parties, in any form, medium or manner, any User Information.
You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Contributions; (ii) alter, remove, or refuse to post or allow to be posted any User Contributions; (iii) disclose any User Contributions, and the circumstances surrounding its transmission, to any third party; and (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM YOUR USE OR MISUSE OF THE WEBSITE.
You represent and warrant that you (a) own or control all rights in and to your User Contributions, and (b) have the right to grant the license set forth above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. You further represent and warrant the Company’s use of the User Contributions as licensed herein does not and will not violate, misappropriate, or infringe on the rights of any third party.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for your User Contributions, including their legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Contain any material which is inaccurate, deceptive, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other right;
Promote any illegal activity, or advocate, promote or assist any unlawful act;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising; and
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Features and Functionality Provided by Third Parties; Third Party Items
The Websites may contain links to other sites and resources provided by third parties, which are provided for your convenience only. This includes links contained in advertisements, such as banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of those sites or resources. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and your use is subject to the privacy policies and terms and conditions that govern such third-party websites.
YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.
Linking to the Website and Social Media Features
The Websites may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Websites;
Send e-mails or other communications with certain content, or links to certain content, on the Websites; or
Cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party websites.
You are permitted to link to our homepage, provided that you adhere to the following restrictions. You represent and warrant that you will only link to any Website in a way that is fair, legal and does not damage our reputation or take advantage of it. You further represent and warrant that you will not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
You further acknowledge and agree that you will not:
Establish a link from any website that is not owned by you;
Cause the Websites or portions thereof to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
Link to any part of the Websites other than the homepage; or
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice, in our sole discretion, for any reason or no reason and at any time. We may disable all or any social media features and any links at any time without notice, in our sole discretion, for any reason or no reason and at any time.
Disclaimer of Warranties
None of the Company, its licensors, partners, suppliers or service providers make any representations or warranties concerning any Content or other material contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. The Company will have no liability or responsibility for any permanent or temporary inability to access or use any Services.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.
YOUR USE OF THE WEBSITES, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITES, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED BY THE COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY DISCLAIMS, AND YOU EXPRESSLY WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, SUPPLIERS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Information, News and Press Releases
The Websites may contain information, news and/or press releases about the Company and its affiliates. While we strive to ensure that information contained on our Websites is current, accurate and reliable as of the date it was prepared, we disclaim any duty or obligation to update this information, news or press releases. Information about companies other than the Company contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by Company or its affiliates.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND IMPACTS HOW CLAIMS YOU AND COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
Agreement to Arbitrate
You and Company agree that any claim, controversy or dispute at law or equity arising out of or otherwise relating in any way to the subject matter of these Terms (or any prior version thereof) or to the Services, your use of the Websites, or to any products or services sold or distributed by us or through the Websites, including but not limited to federal, and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or other legal theories, shall be finally resolved, on an individual basis, by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. Any arbitration shall be conducted (i) confidentially, (ii) in English, (iii) in Colorado Springs CO, (iv) by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), (v) before a single arbitrator with substantial experience in resolving commercial contract disputes. The Federal Arbitration Act applies to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms.
Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
Any dispute over the arbitrability of these Terms and/or the arbitrability of any dispute shall be resolved in arbitration in accordance with this provision.
You agree that you are electing to have any and all claims and disputes between you and the Company resolved by binding arbitration and are giving up any rights to go to court, except as expressly provided herein. YOU ACKNOWLEDGE AND AGREE YOU AND THE COMPANY ARE EACH WAIVING ANY RIGHT TO A TRIAL BY JURY.
Prohibition of Class, Representative, and Consolidated Actions
You and Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Company agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Company customers.
If for any reason a claim proceeds in court rather than in arbitration both you and Company each waive any right to a jury trial. You and Company also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Governing Law and Jurisdiction
Trademarks, Copyrights and Patents
All trademarks, logos, and service marks displayed on the Websites are registered and unregistered trademarks of Company, its affiliates, licensors, content providers or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. You may not use such marks without the prior written permission of the Company, or the owner of the mark(s). We reserve all rights not expressly granted in and to the Websites and the Content, as set forth in the Terms. The Websites and all of the Content therein, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is owned by Company and its licensors, and protected by U.S. and international copyright laws. All products displayed on our Websites are protected by copyrights and/or patents owned by Company and its licensors.