| |
- Availability. Company uses reasonable efforts to ensure that the Services are available 24 hours a day 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Company. Company will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of Company
- Trademarks. All brand, product and service names used on the Site which identify Company and www.quotesonboard.com are proprietary marks of Company.
- Ownership and Copyright. You acknowledge and agree that the Site and the information contained in it are owned by Company and/or its third party content providers ("Content Providers"), and are protected by U.S. and international copyright and other intellectual property laws. Company has the absolute right to terminate your account or exclude you from the Site if you use the Services to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold Company harmless for any violation of this provision.
- External Links. From time to time Company may provide links that will take you to third party web sites. These links are provided for your convenience only. If you decide to access linked web sites you do so at your own risk. Company does not endorse or take responsibility for the content on other web sites or the availability of other web sites and you agree that Company is not liable for any loss or damage that you may suffer by using other web sites.
- Amendment of Terms. We reserve the right to amend any Terms agreed to by you from time to time without notice. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to this Agreement.
- Privacy Policy. Registration data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at www.quotesonboard.com/privacy_policy.asp. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Company and its affiliates.
- Registration. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract.
- Amendment of Terms. You agree that Company retains the right to amend these Terms and the Site, including service offerings and prices at any time, for any reason, and without notice, and the right to terminate the Site or any part of the Site. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to this Agreement.
- Site License You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or any product, Service, content or material downloaded from the Site or displayed by, on, or in the Site.
- User Content. You agree that you will not use the Site to:
-
submit, post, upload, or otherwise transmit any content through the Site ("User Content") that is defamatory, libelous, abusive, tortuous, harassing, vulgar, obscene, or otherwise indecent;
-
submit, post, upload or otherwise transmit any User Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights;
-
submit, post, upload or otherwise transmit User Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
-
falsify or delete any attributions, legends, or other proprietary designations of the origin or source of software or other content appearing on the Site or contained in a file that is uploaded;
- Disclaimer; Warranty.
- THE CONTENT, SERVICES AND/OR MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, COMPANY MAKES NO WARRANTY THAT THE SITE, INCLUDING THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICES, WILL BE AVAILABLE, OR THAT DATA ENTERED ARE SECURE FROM UNAUTHORIZED ACCESS. COMPANY MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE COMPANY SITE. NO ADVICE OR INFORMATION GIVEN BY COMPANY, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
- YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT, SERVICES AND/OR MATERIALS AVAILABLE THROUGH THE SITE IS AT YOUR OWN DISCRETION AND AT YOUR SOLE RISK. COMPANY MAKES NO WARRANTY ABOUT THE RESULTS TO BE OBTAINED FROM USING THE CONTENT, SERVICES AND/OR MATERIALS AVAILABLE THROUGH THE SITE.
- Limitation of Liability.
- YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, INCLUDING ANY SOFTWARE, CONTENT OR OTHER MATERIALS ON THE SITE, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS MEMBERS OR LICENSORS, OR ANY THIRD PARTY PROVIDER OF DATA OR INFORMATION, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE, LOST PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THE SITE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
- Indemnification. You agree to indemnify and hold Company, and its members, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content, your use of the Services, your connection to the Services, your violation of these Terms, or your violation of any rights of another.
- General.
- Applicable Law and Jurisdiction. 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 use of the Site or this Agreement must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred. The parties agree that this Agreement and any claims hereunder shall be governed by and subject to the laws of the state of Colorado, without giving effect to any principles of conflicts of law.
- Dispute Resolution. All disputes arising under this Agreement shall be submitted to mediation. Each party shall designate an executive officer or principal empowered to resolve the dispute. Should the designated representatives be unable to agree on a resolution, a mediation service acceptable to both parties shall select a mediator to mediate the dispute. Each disputing party shall pay an equal percentage of the mediator’s fees and expenses. No suit or arbitration proceeding shall be commenced under this Agreement until at least 60 days after the mediator’s first meeting with the involved parties. In the event that a dispute is required to be litigated, you agree that the proper forum for any and all claims under this Agreement will be the state and federal courts located in Denver County, Colorado, and you agree to submit to the jurisdiction of these courts. The prevailing party in any action will be entitled to recover reasonable expenses, including attorneys' fees.
- Force Majeure. Company will be not liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond Company’s reasonable control.
- Waiver. The failure of Company to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.
- Entire Agreement. This Agreement, including the Privacy Policy, constitutes the entire agreement between you and Company and governs your use of the Site, superseding any prior agreements between you and Company. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
BY PLACING AN ORDER ON THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS ABOVE, COMPANY IS UNWILLING TO PROVIDE THE SERVICES TO YOU, AND YOU SHOULD NOT PLACE AN ORDER ON THIS SITE TO DISCONTINUE THE AGREEMENT PROCESS.
|
