I represent and warrant that I am over the age of majority, legally competent to make this Agreement. I represent and warrant that I will use my Account only for lawful purposes and will not use my Account to engage in any conduct that is unlawful or prohibited by this Agreement.
I understand and agree that to access and use the functionality of my Account, and the password protected section of Our Website, I must become a Registered User of the Website. I agree to provide true, accurate and complete information about myself, as prompted by the online Account registration process, including my name and valid email address. In addition, I agree to update my registration information as necessary to maintain its accuracy. You further understand and agree that We may require You to change Your Account password from time to time for security purposes.
You understand that We may discontinue or change Your Account at any time without notice to You. You further understand that We do not make any commitment to update the information and content on Your Account or the Website.
I acknowledge and agree that my Account may contain advertisements and hyperlinks to third party websites that are not under Our control and that We are not responsible for any content in any advertisement or hyperlink on Your Account or the Website, or for any content in any hyperlinked website. You acknowledge that if You access a third party website from Your Account or the Website, You do so at Your own risk. You understand that a hyperlink to a third party website does not imply that We endorse the content on, or the business of, the hyperlinked website. You understand that You are solely responsible for determining the integrity and reliability of the information in any advertisement or hyperlink on Your Account or the Website, as well as the information on the hyperlinked website. You understand that Your dealings with or participation in promotions of advertisers found on Your Account or the Website, including payment for and delivery of goods and services, and any other terms (such as warranties) are solely between You and such advertisers. You agree We shall be responsible for any loss or damage of any sort relating to Your dealings with such third parties.
You understand and agree that Your Account and the Website may include information, tips, facts, views and opinions that We deem worthy of publication. ALL SUCH MATERIAL IS FOR INFORMATION PURPOSES ONLY AND IS NOT PROFESSIONAL ADVICE UPON WHICH YOU OR ANY THIRD PARTY SHOULD RELY IN MAKING ANY DECISION CONCERNING ANY PERSONAL, LEGAL, BUSINESS, FINANCIAL, OR OTHER DECISIONS.
You agree that, as between You and Us, any electronic or printed content derived from Your Account or the Website, including any of Our trademarks or service marks, or information supplied by third party advertisers or service providers (“Site Materials” or “Content”), constitutes Our copyrighted and proprietary property, or of third parties from whom We have secured permission to display such Site Materials. You acknowledge and agree that any third parties that supply any text, data or images displayed to You at Your Account or on the Website, own all copyrights in and to such data and images, and that You will not contest the validity of such copyright or ownership claims, nor assist others in doing so.
If You believe in good faith that any Site Materials or Content posted to Your Account or the Website contains any materials that infringe upon Your copyright or other intellectual property rights, You may provide Us, or Our Website service provider with a notice pursuant to the federal Digital Millennium Copyright Act (“DMCA”) in accordance with Our DMCA Policy that can be viewed below.
You acknowledge that We have granted to You only for as long as this Agreement is in effect a limited, non-assignable, and non-exclusive license to use Your Account and the Site Materials solely for Your personal and non-commercial use. You will not copy, re-distribute, re-transmit, commercialize, sell, license, re-license, sub-license, or otherwise make the Site Materials available to any third party, or use such Site Materials in any manner that competes with Us.
You will use Your best efforts to cooperate with Us on reasonable terms in the event We deem it necessary to seek to enjoin or otherwise prohibit the unauthorized use of Your Account or the Site Materials displayed thereon by a third party.
You hereby grant to Us a non-exclusive, royalty-free, perpetual, worldwide license to copy, distribute, re-license, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat any materials or content that You submit or contribute to Your Account or the Website, or transmit to Us, including feedback, comments, and suggestions for improvement to the content or functionality of Your Account or the Website (“Submissions”), and to use Your name in connection with Your Submissions in Our discretion, provided that You may revoke Our permission to use Your name in connection with Your Submissions by written notice to Us. We are not obligated to publish or use any of Your Submissions, and may remove such Submissions from display on Your Account, or on the Website at any time without notice to You, and without Your consent. You represent and warrant that any Submissions made by You do not infringe upon the intellectual property rights of any third party. You understand and agree that We do not assume any responsibility or liability for any material or content that You submit to or through Your Account or the Website, or directly to Us. You understand that You are not entitled to any compensation for the use of Your Submissions as licensed above. You understand that You may not post to Your Account or transmit to Us, any “Prohibited Submissions”, which shall include, but are not limited to, Submissions that are deemed by Us in our sole discretion to be patently offensive, or promote racism, bigotry, hatred or physical harm of any kind against any group, individual, or property; harass or advocate harassment of another person; exploit people in a sexual or violent manner; contain violence or offensive subject matter or contain a link to an adult website; solicit personal information from anyone under the age of eighteen (18); promote or disseminate information that I know is false or misleading or promote illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous; promote or disseminate an illegal or unauthorized copy of another person’s copyrighted work; involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; further or promote any criminal activity or enterprise or provide instructional information about illegal activities, violating someone’s privacy, or providing or creating computer viruses; solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or include a photograph of another person that is posted without that person’s consent. We reserve the right in Our sole discretion to investigate and take appropriate legal action against anyone who We have reason to believe has violated this provision, including without limitation, removing the offending Submissions from any Accounts, or other websites hosted or maintained by Broker on which they appear, and terminating the Accounts of such persons.
WE DO NOT ASSUME ANY RESPONSIBILITY FOR, AND EXPRESSLY DISCLAIM, ANY AND ALL LIABILITY FOR ANY OF YOUR SUBMISSIONS. WE DO NOT ASSUME ANY RESPONSIBILITY FOR MONITORING SUBMISSIONS AND, IF AT ANY TIME WE CHOOSE, IN OUR SOLE DISCRETION, TO MONITOR SUBMISSIONS, WE NONETHELESS DO NOT ASSUME ANY RESPONSIBILITY FOR THE SUBMISSIONS, ANY OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE, INACCURATE OR PROHIBITED SUBMISSION, OR ANY RESPONSIBILITY FOR YOUR OR ANY OTHER REGISTERED USER’S CONDUCT IN SUBMITTING ANY SUBMISSION. FURTHERMORE, WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING YOUR ABILITY TO RELY UPON ANY SUBMISSIONS SUBMITTED BY OTHER REGISTERED USERS OR OTHERS, OR ANY SUBMISSIONS THAT YOU TRANSMIT TO OTHER REGISTERED USERS OR OTHER PERSONS.
We use GOOD FAITH efforts to provide accurate, complete, and current information on YOUR ACCOUNT AND THE website, BUT you UNDERSTAND THAT it is your responsibility to verify any information provided ON OR THROUGH your ACCOUNT OR THE website. We do not guarantee or warrant that the content ON ANY ACCOUNT OR THE website is accurate, complete, timely, or free of technical or typographical errors. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE CONTENT DISPLAYED ON YOUR ACCOUNT OR THE WEBSITE IS AT YOUR SOLE RISK. WE PROVIDE THE CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CONCERNING YOUR ACCOUNT OR ANY OTHER ACCOUNT, WEBSITE OR PROPERTY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE CONTENT AVAILABLE TO YOU ON YOUR ACCOUNT, THE WEBSITE OR ANY OTHER ACCOUNT OR PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO YOUR ACCOUNT OR THE WEBSITE AND THE CONTENT THEREON WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. NOR DO WE MAKE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH YOUR ACCOUNT, OR ANY OTHER ACCOUNT, OR THE WEBSITE, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY CONTENT ON, OR ACCESSIBLE THROUGH, SUCH ACCOUNTS, WEBSITES OR PROPERTIES. WE DO NOT MAKE ANY WARRANTIES REGARDING ANY INFORMATION OBTAINED BY YOU, OR ANYONE ACTING ON YOUR BEHALF, FROM ANY HYPERLINKED THIRD PARTY SITE.
YOUR AGREE THAT WE, AND ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CONTENT OR FUNCTIONALITY ACCESSIBLE TO YOU ON YOUR ACCOUNT, OR THE WEBSITE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE, YOUR ACCOUNT, THE WEBSITE, ANY OTHER ACCOUNT, ANY PRODUCTS, SERVICES, OR CONTENT OFFERED OR PROVIDED ON YOUR ACCOUNT, THE WEBSITE, ANY OTHER HYPERLINKED WEBSITE, OR FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR FUNCTIONALITY THEREOF, FOR ANY PERSON’S RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED ON OR THROUGH YOUR ACCOUNT OR THE WEBSITE, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT, OR COMPLETE, OR FOR THE CONSEQUENCES OF ANY ACTION YOU OR ANY OTHER PERSON MAY TAKE OR FAIL TO TAKE BASED ON CONTENT PROVIDED BY OR AS A RESULT OF THE USE OF YOUR ACCOUNT OR THE WEBSITE. YOU SPECIFICALLY AGREE THAT WE ARE NOT LIABLE FOR ANY CONDUCT BY YOU ASSOCIATED WITH YOUR ACCOUNT OR THE WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON YOUR ACCOUNT OR THE WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON’S, COMPUTER THAT RELATES TO OR RESULTS FROM USE OF YOUR ACCOUNT, THE WEBSITE OR ANY OTHER ACCOUNT. IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, VENDORS, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE YOUR ACCOUNT OR THE WEBSITE, OR FROM ANY INFORMATION, PRODUCTS OR SERVICES PURCHASED, OBTAINED, OR ACCESSED FROM YOUR ACCOUNT OR THE WEBSITE, OR FROM ANY MESSAGES RECEIVED OR TRANSMITTED FROM OR THROUGH YOUR ACCOUNT OR THE WEBSITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH YOUR ACCOUNT OR THE WEBSITE RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BROKER, OR ANY AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold Us and any of Our affiliates, officers, subsidiaries, parents, partners, directors, employees, agents or independent contractors harmless from any damages, judgments, costs, and expenses, including attorney’s fees and litigation costs and expenses at trial or on appeal, arising from any claim by a third party based upon use of Your Account, Your use of the Website or any Submissions You transmit to Your Account or the Website, or to any other Account holder, or based on any breach by You of Your duties, obligations, representations or warranties set forth in this Agreement.
You agree that the unauthorized use of Your Account, or the Site Materials will cause injury to Us, or one or more of Our affiliates, agents, licensees, or independent contractors, that cannot adequately be remedied by money damages, and that We and Our respective affiliates, or any one of them may seek preliminary or permanent injunctive relief to enjoin the unauthorized use of Your Account or the Site Materials, which injunctive relief shall be in addition to any other remedies available to such parties at law or equity. If any such suit for injunctive relief is brought against You, You waive any obligation of the plaintiff to prove that the plaintiff does not have an adequate remedy at law, or that plaintiff’s injuries are irreparable. If such party is successful in securing a preliminary injunction order against You, You waive any obligation of such party to post a security bond in conjunction therewith.
YOU UNDERSTAND THAT WE HAVE NOT ENTERED INTO ANY FORM OF FIDUCIARY RELATIONSHIP WITH YOU SOLELY BY GRANTING YOU ACCESS TO, AND LIMITED USE OF, THE SITE MATERIALS AVAILABLE ON YOUR ACCOUNT. ANY FORM OF FIDUCIARY RELATIONSHIP BETWEEN YOU AND US SHALL NOT EXIST UNLESS AND UNTIL WE AND YOU ENTER INTO A SEPARATE AGREEMENT THAT CREATES SUCH A RELATIONSHIP.
You understand and agree that We may, in Our sole discretion, terminate this Agreement, Your Account, and any corresponding subscriptions, delete any content stored in Your Account, direct You to cease using Your Account, and discontinue or restrict Your access to Your Account, or the Account of any other Account holders, all without notice to You and for any reason. You agree that We shall not be liable to You or to any third party for any modification, suspension, or discontinuance of Your Account, the Website, or any other Account, or any parts thereof. Upon termination of this Agreement or Your Account, We shall not have any further obligation to You, including any duty to return or destroy any information You may have supplied to Us during the term of this Agreement.
You understand that You are responsible for controlling access to, and use of, Your user name and password that must be entered to provide You with access to Your Account. ALL INFORMATION OR ACTIONS TRANSMITTED BY, SUBMITTED BY, OR RECEIVED FROM ANYONE USING YOUR USER NAME AND PASSWORD ON YOUR ACCOUNT WILL BE BINDING ON YOU, WHETHER OR NOT SUCH INFORMATION OR ACTION IS DELIVERED, TRANSMITTED, SUBMITTED OR TAKEN WITH YOUR ACTUAL KNOWLEDGE. If You have reason to believe that an unauthorized person may have gained access to Your Account through Your user name or password, You agree to contact Us immediately for the purpose of disabling access to Your Account.
In the event that any provision of this Agreement is, becomes, or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without such provision.
Our failure at any time or times to require performance of any provision hereof shall in not in any manner affect Our right at a later time to enforce the same.
This Agreement may not be assigned by You by contract, operation of law, or otherwise, and any attempted assignment in contravention of this Section 23 shall be null and void and not have any legal force or effect. You understand and agree that We may assign this Agreement, or otherwise transfer Our rights and obligations under this Agreement at any time without Your consent or notice to You.
You acknowledge that the Content contained on Your Account is controlled in and originates from the United States. We do not make any representation that any of the Content is appropriate or available for use in other locations. We do not have any responsibility for any access to Your Account or the Website from territories where the Content may be illegal or otherwise prohibited. If You choose to access Your Account or the Website from other locations, You do so at Your own risk and are responsible for compliance with applicable local laws. You agree that any claim relating to the enforcement or interpretation of this Agreement, the use of Your Account or the Website, or the functionality or Content available on Your Account or the Website, or any of the Site Materials, shall be governed by the internal substantive laws of the State of Delaware, without regard to its conflict of laws rules. You agree that any action or petition to enforce or interpret this Agreement shall be brought in the state or federal courts located in El Paso County, Colorado, and You expressly waive any objection to the personal jurisdiction of such courts. If We prevail in any petition filed against You to interpret or enforce this Agreement, You agree that the Court shall enter an award on Our behalf for Our reasonable attorney’s fees, costs, and litigation expenses associated with the prosecution of such suit, or the appeal of any judgment or award rendered on Our behalf.
You agree that We may amend or modify this Agreement at any time without notice to You or Your consent, and make such amended versions of this Agreement accessible at Your Account or on the Website. Your use of Your Account or the Website after We have posted an amended or modified version of this Agreement shall be deemed Your acceptance of such amendments or modifications. If You do not want to be bound by such an amendment or modification of this Agreement, Your sole remedy is to terminate this Agreement by notice to Us as provided at Your Account, and to refrain immediately from using Your Account upon transmittal of such notice.
All Registered Users who wish to continue to access the password protected section of Our Website must read and accept this Agreement by clicking the “I Accept” box below. Any Website visitor who does not accept this Agreement will not be permitted to enter the password protected section of Our Website.
All content posted on the password protected section of Our Website is absolutely confidential and may not be shared by any method now known or later developed with anyone who is not a Registered User.
Any Registered User who violates these terms will have his or her Account terminated, without refund of any previously paid subscription fees, and will not be allowed to re-subscribe.
If the offender’s conduct constitutes a crime, We will file a complaint with the appropriate police department and request criminal prosecution.
We will take any other appropriate action to prevent and punish any person who violates the confidentiality of the password protected section of Our website.