These terms and conditions of use (“site terms”) apply to your use of this website (the “site”). They do not alter in any way the terms or conditions of any other agreement you may have with us, our parent company or our affiliates. By using this site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these site terms. If you are using the site on behalf of any entity, you further represent and warrant that you are authorized to accept these site terms on such entity’s behalf, and that such entity agrees to indemnify us for violations of these site terms.
Ownership of the Site and its Contents
Unless otherwise indicated, all of the content featured or displayed on this site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (our content), is owned by us, our licensors, or our third-party image partners.
All elements of the site, including the content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, email, privacy, and the transmission of technical data exported from the United States, Canada or the country in which you reside.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who infringe our or any third party intellectual property rights. (Wikipedia: Digital Millennium Copyright Act)
If you believe that any material on the site infringes upon any copyright that you own or control, you may file a notification of such infringement with us. We may give notice of a claim of copyright infringement by means of a general notice on the site, electronic mail to a user’s email address, or by written communication sent by mail to a user’s address.
Our trademarks, logo, and any other product or service name or slogan contained in the site are our or our suppliers or licensors trademarks. They may not be copied, imitated or used, in whole or in part, without our prior written permission or that of the applicable trademark holder. You may not use meta tags or any other “hidden text” utilizing our name or any other name, trademark or product or service name of ours without our prior written permission. In addition, the look and feel of the site, including all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use our logo or other proprietary graphics of ours to link to this site without our express written permission. Further, you may not frame any of our trademarks, logos or other proprietary information, including the content, without our written consent.
Your participation, correspondence or business dealings with any third party found on or through the site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Forums and Other Interactive Services or Areas
The site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the site (“interactive areas”). You are solely responsible for your use of such interactive areas and use them at your own risk. By using any interactive areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the site any of the following:
a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material (“user content”) that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
b. User content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
c. User content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any user content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such user content.
d. User content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations.
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
g. Viruses, corrupted data or other harmful, disruptive or destructive files.
h. User content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the interactive areas or the site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose us or our users to any harm or liability of any type.
Further, you agree not to delete or revise any user content posted by any third party. We take no responsibility and assumes no liability for any user content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. Nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of interactive areas is at your own risk. As a provider of interactive services, we are not liable for any statements, representations or user content provided by our users in any public forum, personal home page or other interactive areas. Although we have no obligation to screen, edit or monitor any of the user content posted in any interactive area, we reserve the right and have absolute discretion, to remove, screen or edit any user content posted or stored on the site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any user content you post or store on the site at your sole cost and expense. Any use of the interactive areas or other portions of the site in violation of the foregoing violates these site terms and may result in, among other things, termination or suspension of your rights to use the interactive areas and/or the site. You acknowledge and agree that we may access, use or disclose any information about you or your use of this site, including without limitation any user content to comply with the law or any legal process; protect and defend our rights or property; or to protect the safety of our company, employees, customers or the public.
If you post user content to the site, unless we indicate otherwise, you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such user content throughout the world in any media. You grant us and our affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that (a) you own and control all of the rights to the user content that you post or you otherwise have the right to post such user content to the site; (b) the user content is accurate and not misleading; and (c) use and posting of the user content you supply does not violate these site terms and will not violate any rights of or cause injury to any person or entity.
Registration Data and Account Security
In consideration of your use of the site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the site (“registration data”). (b) maintain and promptly update the registration data, and any other information you provide to our company, to keep it accurate, current and complete. (c) maintain the security of your password and identification. (d) notify us immediately of any unauthorized use of your account or other breaches of security. (e) accept all responsibility for any and all activities that occur under your account. (f) accept all risks of unauthorized access to the registration data and any other information you provide to us.
You agree to defend, indemnify and hold us harmless, as well as our subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, attorneys’ fees) arising out of or related to any user content that you post, store or otherwise transmit on or through the site, your conduct, your use or inability to use the site, your breach or alleged breach of the site terms or of any representation or warranty contained herein, your unauthorized use of the content, or your violation of any rights of another.
THIS SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WE AND OUR DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
We use reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the content’s accuracy, correctness or reliability.
We offer a search feature on the site. We explicitly disclaim any responsibility for the content or availability of information contained in our search index or directory. We also disclaim any responsibility for the completeness or accuracy of any directory or search result.
Some countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL WE, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL WE AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SITE.
Applicable Law and Venue
Any dispute relating in any way to your use of the site or the content shall be submitted to confidential arbitration in Boulder, Colorado, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any provincial or federal court in the Province of Ontario, and you consent to exclusive jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to the site terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these site terms, we reserve the right, without notice and in our sole discretion, to terminate your account and/or to block your use of the site.
Any waiver of any provision of the site terms will be effective only if in writing and signed by us. If any clause in these site terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
We reserve the right to change any of the terms and conditions contained in the site terms or any policy or guideline of the site, at any time and in our sole discretion. When we make changes, we will revise the “last updated” date at the top of the site terms. Any changes will be effective immediately upon posting on the site. Your continued use of the site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the site terms whenever you visit one of our websites.