1. Intellectual property, Photography and Media
1.1 Use License. The content on the Sites and within our programs, products, services, or program materials are subject to copyright, trademark, and other intellectual property rights (collectively, “Company Content”). You are granted a revocable, non-transferable license for personal, non-commercial use of the Company Content, subject to the restrictions in Section 1.2. This license does not include other copyrightable or trademarked material not owned by the Company that may appear on the Sites.
1.2 Prohibited Uses. The above license may be terminated by the Company at any time and shall automatically terminate if you violate any of the following restrictions:
(a) You will not copy, share, sell or steal our Company Content, or any individual parts of the Company Content;
(b) You will not in any way use, copy, adapt or represent any Company Content in any way as if it is yours or created by you;
(c) You will not engage in improper and/or unauthorized use of Company Content. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Company Content;
(d) You will not reprint or republish any part of our Company Content for publication or compilation into your own products, programs, services or program materials;
(e) You will not use our Company Content in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by our prior written consent.
Upon termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
2. Representations and Warranties
2.1 Our programs, products, services, and program materials are for informational and educational purposes only. Nothing on the Sites or within the programs, products, services, and program materials should be construed in any way as medical, financial, or legal advice. The Company makes no representations or warranties of any kind and assumes no liabilities of any kind with respect to the accuracy or completeness of the programs, products, services, and program materials. The Company shall not be held liable or responsible to any person or entity with respect to any loss or incidental or consequential damages caused, or alleged to have been caused, directly or indirectly, by the programs, products, services, and program materials.
2.2 Warranty Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR ITS CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
2.3 Limitation of Liability. IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR THE COMPANY PROGRAMS, PRODUCTS, SERVICES OR PROGRAM MATERIALS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE COMPANY PROGRAMS, PRODUCTS, SERVICES OR PROGRAM MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold the Company, and its respective officers, agents, partners and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, arising out of or related to our programs, products, services or program materials, and/or arising from a breach of these Terms. Notwithstanding the foregoing, the Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with the Company’s defense of such claims. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
4. Dispute Resolution
All claims and disputes arising under or relating to this Agreement are to be settled first by e-mail correspondence, and if such fails, then by binding arbitration in the state of Colorado. An award of arbitration may be confirmed in a court of competent jurisdiction.
In the event that any term or condition contained here is unenforceable, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.