1. Changes to Terms of Use

Company may update these Terms of Use from time to time without notice. Your continued access and use of the Sites after posting of any such updates will be deemed acceptance of any such modifications.

2. Permitted Uses.

You may use the Sites only for the purposes expressly set forth on the Sites and as permitted under these Terms of Use.

3. Restrictions on Use

. In accessing or using the Sites, you will not: (a) resell, lease, encumber, sublicense, distribute, publish, transmit, transfer, assign or provide such access or use to any third party in any medium whatsoever; (b) devise specifications from, reverse engineer, reverse compile, disassemble, or create derivative works based on the Sites; (c) apply systems to extract or modify information in the Sites using technology or method such as those commonly referred to as “web scraping,” “data scraping,” or “screen scraping”; (d) knowingly input or post through or to the Sites any content that is illegal, threatening, harmful, lewd, offensive, or defamatory or that infringes the intellectual property rights, privacy rights or rights of publicity of others, (e) input or transmit through or to the Sites any virus, worm, Trojan Horse, or other mechanism that could damage or impair the operation of the Sites or grant unauthorized access thereto; (f) use or access the Sites for purposes of monitoring the availability, performance or functionality of the Sites or for any other benchmarking or competitive purposes; or (g) cause, assist, allow or permit any third party (including an end-user) to do any of the foregoing; (h) use the Sites to compete with Company in any way; (i) permit any unauthorized third party to use or access the Sites, or (i) use the Sites in a manner that is noncompliant with any applicable law.

4. Site Communications

You consent to receive text messages in connection with your use of the Sites. You may unsubscribe from receiving text messages at any time by texting STOP in response to any such text message. Text messaging and data rates may apply when you receive messages through your use of the Sites. For unsubscribing email or other accounts please contact us at [email protected].

5. Intellectual Property

Company’s intellectual property, including without limitation the Sites, its trademarks and copyrights, are and will remain the exclusive property of Company and its licensors. No licenses or rights are granted to you except for the limited rights expressly granted in these Terms of Use.

6. Third Party Websites

From time to time the Sites may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Company endorses the website(s). Company will not be responsible and expressly disclaims any liability for any such third party websites linked to from the Sites.

7. Disclaimers

7.1. Term
COMPANY DOES NOT WARRANT THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT COMPANY WILL CORRECT ALL ERRORS OR THAT THE SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. COMPANY IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATIONS OR SECURITY OF THE SITES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. COMPANY EXPRESSLY DISCLAIMS (TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW) ALL OTHER WARRANTIES EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES.

8. Limitations of Liability

IN NO EVENT WILL COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OF ANY KIND OR NATURE ARISING OUT OF YOUR USE OF THE SITES OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, ANY COST TO COVER PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES (WHICH THE PARTIES AGREE WILL NOT BE CONSIDERED DIRECT DAMAGES), OR ANY LOSS OF REVENUE, PROFITS, SALES, DATA, DATA USE, GOOD WILL, OR REPUTATION. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO THE SITES OR THESE TERMS OF USE WILL BE LIMITED TO ONE HUNDRED DOLLARS. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BROUGHT, EVEN IF COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THESE TERMS OF USE.

9. Indemnification

You agree to defend and indemnify Company and its affiliates from and against any legal action, demand, suit, or proceeding brought against Company or its affiliates by a third party arising out of or related to any violation by you of these Terms of Use.

10. Privacy Policy

Your use of the Sites is subject to the Company’s Privacy Policy.

11. Terms of Service

If you are accessing and using the Sites on behalf of a Company customer, your use of the Sites is also subject to the Company’s Terms of Service.

12. Governing Law, Jurisdiction and Venue

These Terms of Use will be governed by and construed in all respects in accordance with the laws of the state of Colorado, without regard to its conflicts of laws principles. Each party hereby consents to the exclusive venue and jurisdiction of the federal courts of Colorado.

13. Severability, Waiver and Amendment

If any provision of these Terms of Use are held by a court of competent jurisdiction to be unenforceable or invalid, such provision will be changed and interpreted as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect. No waiver of any term or right in these Terms of Use will be effective unless made in writing and signed by an authorized representative of the waiving party. Any waiver or failure to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision.