Terms of Use
UETA agree to conduct electronically proviso
This agreement is a binding contract between you (“You” or “Your”) and Asian Auto Wholesale, LLC., its affiliates, subsidiaries and/or licensors (“We,” “Us,” or “Our”). This agreement governs Your use of any websites operated by Us, including any site from which You access this agreement, which may include, but is not limited to, asianautowholesale.com ( the “Site”). We make the content on Our Site, including all information, documents, communications, files, text, graphics, images, video, user interfaces, visual interfaces, photographs, software, metadata, audio/visual files, and other copyrightable material owned by Us (collectively, the “Materials”), available for Your use subject to the Terms of Use set forth below. The Terms of Use spell out what you can expect from Us and what We expect from You.
1. Acceptance of Terms of Use.
You accept and agree to all terms, conditions and notices contained or referenced on this Site (“Terms of Use”). Please read the following Terms of Use carefully. If you do not agree to the Terms of Use, do not use Our Site. By accessing, shopping, using, or downloading in any way, without limitation, any Materials from Our Site, or merely browsing Our Site, You agree to and are bound by these Terms of Use.
We reserve the right to change the Terms of Use at any time. In such an event, We will send You an email containing the revised terms and conditions or a notification containing a link to where the revised terms and conditions can be viewed on any of Our Site at least three (3) days before they go into effect. If You do not expressly object to the validity of the new terms and conditions via e-mail within this three (3) day period, then the newly revised Terms of Use will be considered agreed upon. If You reject the newly revised Terms and Conditions, then We may terminate this agreement as provided herein.
2. Your Account.
If You are 18 years of age or older, You may set up an account as permitted under any Our Site. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in Our sole discretion.
A. Secrecy Obligation.
Once you obtain a unique username, password or other security code (“Identifier”), it is Your responsibility to keep the Identifier secure and confidential. In the event You are concerned Your Identifier is no longer secure and confidential, immediately notify Us by sending an e-mail to support@asianautowholesale.com, whereupon a new Identifier may be selected and allocated and any future transactions under a prior Identifier may be voided, at Our sole discretion. Without limiting the foregoing, any transactions made and accepted on the Site where your Identifier was used (and where you have not previously notified Us as provided herein) will be treated as valid.
B. No Transfer.
Only one account is allowed per person on this Site. Your account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the age of 18 to use or re-use Your account or Your Identifier. Any person found to have violated this section will be subject to having his or her account(s) voided on our Site at Our sole discretion. More importantly, any person found to have violated this section may be reported to the relevant authorities for criminal prosecution. We also reserve the right to institute civil proceedings against You and/or the offending third party(ies) for violation of the terms of this section and all damages arising therein.
3. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Materials and the compilation of all content included on Our Site is owned or licensed by Us and protected by United States and international copyright laws. Copyright © 2009 Asian Auto Wholesale, LLC. All Rights Reserved. We do not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Materials subject to these Terms of Use. Unless otherwise specified, the Materials on this Site is for Your personal and non-commercial use. You may not sell or modify Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Us. You may not provide copyrighted or other proprietary information to Us without permission from the owner of such material or rights. You are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe their rights under the United States Copyright Act were infringed by acts of third parties over the Internet. If You believe your copyrighted work was copied without your authorization and is available on Our Site in a way that may constitute copyright infringement, You may provide notice of Your claim to Our Designated Agent listed below. For your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work you claim was infringed upon;
3. A description of where the material you claim is infringing is located on this Site;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
5. A statement by you setting forth your good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Designated Agent:
Asian Auto Wholesale, LLC.
Attn: LeeAnn Odell
Erie, CO 80514
support@asianautowhole.com
Fax: (303) 875-8248
The Designated Agent should be contacted only if You believe Your work was used or copied in a way constituting copyright infringement and such infringement is occurring on Our Site. All other inquires to the Designated Agent will not be answered.
C. Trademarks.
We own trademarks for Our many goods and services, including, without limitation, Asian Auto Wholesale and the associated graphics, logos and service marks are Our trademarks and may not be used without Our prior written consent. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.
D. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Us in connection with Your use of this Site shall become Our exclusive property. You agree unless otherwise prohibited by law We may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
4. Privacy and Protection of Personal Information.
We respect the privacy of visitors to our Site. Please see Our Privacy Policy relating to the collection and use of Your information. You acknowledge and agree this Privacy Policy, including, but not limited to, the manner in which We collect, use and disclose Your personally identifiable information, is incorporated and made part of these Terms of Use. If You do not agree to each and every part of Our Privacy Policy, do not use the Site or submit any personally identifiable information through Our Site. Questions regarding privacy issues should be directed to Us via e-mail at support@asianautowholesale.com.
5. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of Our Site, services, and Materials is at Your sole risk. Neither We nor any of Our officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Us (collectively “Providers”), or the like, warrant that sites affiliated with Providers, including, but not limited to, Our Site, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on Our Site may contain inaccuracies or typographical errors. We make no warranty as to the results that may be obtained from the use of Our Site or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Our Site.
A. Disclaimer of Warranties.
OUR SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE, SECURITY OF OUR SITE, AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH OUR SITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OUR SITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD AND/OR INSTALLATION OF ANY SUCH MATERIAL.
B. Limitation of Liability.
WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE OR ANY RELATED SERVICES. THE OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. YOU EXPRESSLY UNDERSTAND AND AGREE WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OR INABILITY TO USE OUR SITE OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR OTHERWISE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM OUR SITE OR RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THIS LIMITATION APPLIES REGARDLESS OF WHETHER ARISING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER ACKNOWLEDGE THIS LIMITATION APPLIES TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OUR SITE.
SUCH LIMITATION OF LIABILITY ADDITIONALLY APPLIES TO DAMAGES ARISING FROM USE OR MISUSE OF AND RELIANCE ON OUR GOODS OR SERVICES, INABILITY TO USE OUR GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
If you are dissatisfied with any portion of Our Site, your sole and exclusive remedy is to discontinue your use of the Site.
6. Third Party Links.
Our Site may from time to time contain links to other websites and may forward users to other websites within the same Internet browser window. These websites are not under Our control, and the existence of a link on Our Site does not imply any endorsement of the linked website(s) by Us or any affiliation between Us and the owners of the linked websites. We make no warranties or representations, and disclaim all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree We have no responsibility to You with respect to such material. We encourage you to examine the privacy policies and/or terms of use policies of any third party website.
7. Online Conduct.
You agree to use Our Site and any services provided through Our Site only for lawful purposes. Unacceptable uses of Our Site includes, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringe the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Site or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) stalking or harassing another; (ix) disobeying any requirements, procedures, policies or regulations of networks connected to Our Site; (x) engaging in any other activity deemed by Us to be in conflict with the spirit or intent of Our Site. Your agreement to these Terms of Use is also your agreement to conduct any transactions on this Site electronically under any applicable state Uniform Electronic Transactions Act or the federal Electronic Signatures in Global and National Commerce Act.
8. Circumvention.
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms of Use or the Materials offered through Our Site or otherwise interrupt or attempt to interrupt the operations of the Site. If We determine in Our sole discretion You engaged, or attempted to engage, in any attempt to circumvent the Terms of Use, or to otherwise commit fraud with regard to the Site, then We reserve the right to terminate your access to this Site and to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.
9. Termination.
These Terms of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of Our Site. Your access to the Site may be terminated immediately without notice from Us if in Our sole discretion You fail to comply with any term or provision of these Terms of Use.
10. Security.
We reserve the right to monitor all network traffic to Our Site to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to Our Site in any fashion. Anyone using Our Site expressly consents to such monitoring.
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting any information, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
11. Indemnification.
You agree to defend, indemnify and hold Us and Our affiliates, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors harmless from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) your use of the Site or the Materials, including any data or work transmitted or received by You or any service provider; (b) Your violation of these Terms of Use; or (c) Your violation of any rights of a third party or service provider.
12. Arbitration.
Any dispute relating in any way to Your visit to any of Our Site shall be submitted to confidential arbitration in Boulder, Colorado, except that, to the extent You have in any manner violated or threatened to violate Our intellectual property rights, We may seek injunctive, equitable, or other appropriate relief in any state or federal court and You consent to exclusive jurisdiction and venue in the state and federal courts in the State of Colorado. We agree that any Dispute between us shall be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“AAA”), using interpretations under Colorado law, and conducted under its Commercial Arbitration Rules and in accordance with its expedited hearing procedures, except as otherwise provided below. We will agree on another arbitration forum if AAA ceases operations, or if the parties alternatively agree upon use of other arbitration forum as may be agreed upon between Us and You. The arbitration will be conducted before a single arbitrator in Boulder, Colorado,and will be limited solely to the Dispute between us, including all issues pertaining to the conduct of the arbitration and the scope of the Dispute to be arbitrated. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms of Use or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) these Terms of Use and/or Our Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Us; or iii) any other dispute arising out of or relating to the relationship between You and the Providers. Information may be obtained from the AAA online at www.adr.org, by calling 1-800-778-7879, or writing to 1633 Broadway, 10th Floor, New York, New York 10019.
13. Applicable Law/Jurisdiction.
By visiting Our Site, even if accessed from a location outside the United States, you agree that the laws of the State of Colorado will govern these disclaimers, Terms of Use and Privacy Policy, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to Our Site and these disclaimers, Terms of Use or Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Colorado.
14. Waiver/Severability.
Any failure by Us to require or enforce strict performance by You of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Your right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms of Use are intended to be severable. If any provision of these Terms of Use is held invalid or unenforceable in whole or in part by any court of competent jurisdiction or by an arbitrator, such provision shall as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability of any remaining provisions of the Terms of Use, which shall continue to be in full force and effect.
15. Statute of Limitations.
You agree regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Our Site, Terms of Use and/or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
16. Entire Agreement.
These Terms of Use constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use and/or Privacy Policy is effective only if in writing and signed by Us.
THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
DATE LAST MODIFIED: June 21, 2009.
These Terms of Use may be changed at any time.
Terms of Use
UETA agree to conduct electronically proviso
This agreement is a binding contract between you (“You” or “Your”) and Asian Auto Wholesale, LLC., its affiliates, subsidiaries and/or licensors (“We,” “Us,” or “Our”). This agreement governs Your use of any websites operated by Us, including any site from which You access this agreement, which may include, but is not limited to, asianautowholesale.com ( the “Site”). We make the content on Our Site, including all information, documents, communications, files, text, graphics, images, video, user interfaces, visual interfaces, photographs, software, metadata, audio/visual files, and other copyrightable material owned by Us (collectively, the “Materials”), available for Your use subject to the Terms of Use set forth below. The Terms of Use spell out what you can expect from Us and what We expect from You.
1. Acceptance of Terms of Use.
You accept and agree to all terms, conditions and notices contained or referenced on this Site (“Terms of Use”). Please read the following Terms of Use carefully. If you do not agree to the Terms of Use, do not use Our Site. By accessing, shopping, using, or downloading in any way, without limitation, any Materials from Our Site, or merely browsing Our Site, You agree to and are bound by these Terms of Use.
We reserve the right to change the Terms of Use at any time. In such an event, We will send You an email containing the revised terms and conditions or a notification containing a link to where the revised terms and conditions can be viewed on any of Our Site at least three (3) days before they go into effect. If You do not expressly object to the validity of the new terms and conditions via e-mail within this three (3) day period, then the newly revised Terms of Use will be considered agreed upon. If You reject the newly revised Terms and Conditions, then We may terminate this agreement as provided herein.
2. Your Account.
If You are 18 years of age or older, You may set up an account as permitted under any Our Site. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in Our sole discretion.
A. Secrecy Obligation.
Once you obtain a unique username, password or other security code (“Identifier”), it is Your responsibility to keep the Identifier secure and confidential. In the event You are concerned Your Identifier is no longer secure and confidential, immediately notify Us by sending an e-mail to support@asianautowholesale.com, whereupon a new Identifier may be selected and allocated and any future transactions under a prior Identifier may be voided, at Our sole discretion. Without limiting the foregoing, any transactions made and accepted on the Site where your Identifier was used (and where you have not previously notified Us as provided herein) will be treated as valid.
B. No Transfer.
Only one account is allowed per person on this Site. Your account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the age of 18 to use or re-use Your account or Your Identifier. Any person found to have violated this section will be subject to having his or her account(s) voided on our Site at Our sole discretion. More importantly, any person found to have violated this section may be reported to the relevant authorities for criminal prosecution. We also reserve the right to institute civil proceedings against You and/or the offending third party(ies) for violation of the terms of this section and all damages arising therein.
3. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Materials and the compilation of all content included on Our Site is owned or licensed by Us and protected by United States and international copyright laws. Copyright © 2009 Asian Auto Wholesale, LLC. All Rights Reserved. We do not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Materials subject to these Terms of Use. Unless otherwise specified, the Materials on this Site is for Your personal and non-commercial use. You may not sell or modify Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Us. You may not provide copyrighted or other proprietary information to Us without permission from the owner of such material or rights. You are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe their rights under the United States Copyright Act were infringed by acts of third parties over the Internet. If You believe your copyrighted work was copied without your authorization and is available on Our Site in a way that may constitute copyright infringement, You may provide notice of Your claim to Our Designated Agent listed below. For your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work you claim was infringed upon;
3. A description of where the material you claim is infringing is located on this Site;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
5. A statement by you setting forth your good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Designated Agent:
Asian Auto Wholesale, LLC.
Attn: LeeAnn Odell
Erie, CO 80514
support@asianautowhole.com
Fax: (303) 875-8248
The Designated Agent should be contacted only if You believe Your work was used or copied in a way constituting copyright infringement and such infringement is occurring on Our Site. All other inquires to the Designated Agent will not be answered.
C. Trademarks.
We own trademarks for Our many goods and services, including, without limitation, Asian Auto Wholesale and the associated graphics, logos and service marks are Our trademarks and may not be used without Our prior written consent. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.
D. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Us in connection with Your use of this Site shall become Our exclusive property. You agree unless otherwise prohibited by law We may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
4. Privacy and Protection of Personal Information.
We respect the privacy of visitors to our Site. Please see Our Privacy Policy relating to the collection and use of Your information. You acknowledge and agree this Privacy Policy, including, but not limited to, the manner in which We collect, use and disclose Your personally identifiable information, is incorporated and made part of these Terms of Use. If You do not agree to each and every part of Our Privacy Policy, do not use the Site or submit any personally identifiable information through Our Site. Questions regarding privacy issues should be directed to Us via e-mail at support@asianautowholesale.com.
5. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of Our Site, services, and Materials is at Your sole risk. Neither We nor any of Our officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Us (collectively “Providers”), or the like, warrant that sites affiliated with Providers, including, but not limited to, Our Site, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on Our Site may contain inaccuracies or typographical errors. We make no warranty as to the results that may be obtained from the use of Our Site or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Our Site.
A. Disclaimer of Warranties.
OUR SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE, SECURITY OF OUR SITE, AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH OUR SITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OUR SITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD AND/OR INSTALLATION OF ANY SUCH MATERIAL.
B. Limitation of Liability.
WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE OR ANY RELATED SERVICES. THE OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. YOU EXPRESSLY UNDERSTAND AND AGREE WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OR INABILITY TO USE OUR SITE OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR OTHERWISE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM OUR SITE OR RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THIS LIMITATION APPLIES REGARDLESS OF WHETHER ARISING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER ACKNOWLEDGE THIS LIMITATION APPLIES TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OUR SITE.
SUCH LIMITATION OF LIABILITY ADDITIONALLY APPLIES TO DAMAGES ARISING FROM USE OR MISUSE OF AND RELIANCE ON OUR GOODS OR SERVICES, INABILITY TO USE OUR GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
If you are dissatisfied with any portion of Our Site, your sole and exclusive remedy is to discontinue your use of the Site.
6. Third Party Links.
Our Site may from time to time contain links to other websites and may forward users to other websites within the same Internet browser window. These websites are not under Our control, and the existence of a link on Our Site does not imply any endorsement of the linked website(s) by Us or any affiliation between Us and the owners of the linked websites. We make no warranties or representations, and disclaim all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree We have no responsibility to You with respect to such material. We encourage you to examine the privacy policies and/or terms of use policies of any third party website.
7. Online Conduct.
You agree to use Our Site and any services provided through Our Site only for lawful purposes. Unacceptable uses of Our Site includes, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringe the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Site or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) stalking or harassing another; (ix) disobeying any requirements, procedures, policies or regulations of networks connected to Our Site; (x) engaging in any other activity deemed by Us to be in conflict with the spirit or intent of Our Site. Your agreement to these Terms of Use is also your agreement to conduct any transactions on this Site electronically under any applicable state Uniform Electronic Transactions Act or the federal Electronic Signatures in Global and National Commerce Act.
8. Circumvention.
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms of Use or the Materials offered through Our Site or otherwise interrupt or attempt to interrupt the operations of the Site. If We determine in Our sole discretion You engaged, or attempted to engage, in any attempt to circumvent the Terms of Use, or to otherwise commit fraud with regard to the Site, then We reserve the right to terminate your access to this Site and to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.
9. Termination.
These Terms of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of Our Site. Your access to the Site may be terminated immediately without notice from Us if in Our sole discretion You fail to comply with any term or provision of these Terms of Use.
10. Security.
We reserve the right to monitor all network traffic to Our Site to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to Our Site in any fashion. Anyone using Our Site expressly consents to such monitoring.
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting any information, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
11. Indemnification.
You agree to defend, indemnify and hold Us and Our affiliates, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors harmless from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) your use of the Site or the Materials, including any data or work transmitted or received by You or any service provider; (b) Your violation of these Terms of Use; or (c) Your violation of any rights of a third party or service provider.
12. Arbitration.
Any dispute relating in any way to Your visit to any of Our Site shall be submitted to confidential arbitration in Boulder, Colorado, except that, to the extent You have in any manner violated or threatened to violate Our intellectual property rights, We may seek injunctive, equitable, or other appropriate relief in any state or federal court and You consent to exclusive jurisdiction and venue in the state and federal courts in the State of Colorado. We agree that any Dispute between us shall be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“AAA”), using interpretations under Colorado law, and conducted under its Commercial Arbitration Rules and in accordance with its expedited hearing procedures, except as otherwise provided below. We will agree on another arbitration forum if AAA ceases operations, or if the parties alternatively agree upon use of other arbitration forum as may be agreed upon between Us and You. The arbitration will be conducted before a single arbitrator in Boulder, Colorado,and will be limited solely to the Dispute between us, including all issues pertaining to the conduct of the arbitration and the scope of the Dispute to be arbitrated. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms of Use or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) these Terms of Use and/or Our Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Us; or iii) any other dispute arising out of or relating to the relationship between You and the Providers. Information may be obtained from the AAA online at www.adr.org, by calling 1-800-778-7879, or writing to 1633 Broadway, 10th Floor, New York, New York 10019.
13. Applicable Law/Jurisdiction.
By visiting Our Site, even if accessed from a location outside the United States, you agree that the laws of the State of Colorado will govern these disclaimers, Terms of Use and Privacy Policy, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to Our Site and these disclaimers, Terms of Use or Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Colorado.
14. Waiver/Severability.
Any failure by Us to require or enforce strict performance by You of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Your right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms of Use are intended to be severable. If any provision of these Terms of Use is held invalid or unenforceable in whole or in part by any court of competent jurisdiction or by an arbitrator, such provision shall as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability of any remaining provisions of the Terms of Use, which shall continue to be in full force and effect.
15. Statute of Limitations.
You agree regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Our Site, Terms of Use and/or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
16. Entire Agreement.
These Terms of Use constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use and/or Privacy Policy is effective only if in writing and signed by Us.
THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
DATE LAST MODIFIED: June 21, 2009.
These Terms of Use may be changed at any time.
