Terms of Service
THESE TERMS OF SERVICE MAY CHANGE FROM TIME TO TIME, WITH OR WITHOUT NOTICE. YOU HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THE WEBSITE, TO KEEP YOURSELF INFORMED OF CHANGES TO THE TERMS OF SERVICE.
PARTIES TO THE TERMS OF SERVICE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, and customers (together, “You”) are parties to this Terms of Service Agreement (the “Agreement” or the “Terms of Service”). Website and its owners, members, employees, affiliates, designers, and operators, and each of their heirs, successors, and assigns (together, the “Owner”) are parties to this agreement.
USE OF INFORMATION FROM THIS WEBSITE
Unless You have entered into an express written contract with Owner to the contrary, You have no right to use this information in a commercial or public setting; You have no right to broadcast, copy, save, print, sell, or publish any portion of the content of this Website. By viewing the content of the Website, You agree with this condition of viewing and You acknowledge that any unauthorized use is unlawful and may subject You to civil or criminal penalties. You have no right whatsoever to use any content or portions of content of the Website including without limit its databases, invisible pages, linked pages, underlying code, or other intellectual property the Website may contain, for any reason or for any use whatsoever. You agree that any violation of this provision subjects You to liquidated damages in the amount of $25,000 USD per violation, in addition to costs and actual damages for breach of this provision. You hereby affirm that You understand that acceptance of this provision is a condition of viewing the Website, and that viewing the Website constitutes acceptance.
OWNERSHIP OF WEBSITE AND THE RIGHT TO USE, SELL, AND PUBLISH CONTENTS OF THIS WEBSITE
The Website and its contents are owned or licensed by Owner. Material contained on the Website must be presumed to be proprietary and copyrighted. You have no rights whatsoever to the Website content. Use of Website content for any reason is unlawful unless it is done with the express written permission of Owner.
HYPERLINKING TO THE WEBSITE, CO-BRANDING, “FRAMING” AND REFERENCING THE WEBSITE PROHIBITED
Unless expressly authorized by Owner, no person or entity may hyperlink the Website or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to their website for any reason. Further, You are not allowed to reference the URL (website address) of the Website in any commercial or non-commercial media without express permission, nor are You allowed to ‘frame’ the Website. You specifically agree to cooperate with Owner to remove or deactivate any such activities and You agree to defend and hold harmless Owner for all damages. You hereby agree to liquidated damages of $25,000.00 USD plus costs and actual damages for any violation of this provision.
DISCLAIMER FOR CONTENTS OF THE WEBSITE
Owner disclaims any responsibility for the accuracy of the content of the Website. You assume all risks of viewing, reading, using, or relying upon information contained on the Website. Unless You have otherwise formed an express contract to the contrary with the Owner, You have no right to rely on any information contained herein as accurate. Owner makes no such warranty.
We have taken every opportunity to ensure all “documentation” on rockymountainmediation.co is correct and up to date at the time of writing. “Documentation” is hereby considered to include, but not be limited to, the information provided on the rockymountainmediation.co website, audio recordings (on web pages and/or streaming audio), video recordings (on web pages and/or streaming video), email communications, electronic literature (including but not limited to ebooks, reports, articles, newsletters), and any other media You view, download or receive from the Website by any delivery system.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. YOU ASSUME ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
Owner assumes no responsibility for damage to computers or software of You or any person You subsequently communicate with from corrupting code or data that is inadvertently passed to Your computer. Again, You view and interact with the Website, or banners or pop-ups or advertising displayed thereon, at Your own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
You download information from the Website at Your own risk. Owner makes no guarantee that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
WAIVER OF RIGHT TO SUE AND AGREEMENT TO HOLD HARMLESS, DEFEND AND INDEMNIFY OWNER
You agree to waive any and all claims against and agree not to sue Owner from all liability, claims, demands, losses, or damages related in any way to the Website. You agree to pay all costs and attorneys’ fees incurred by Owner in defending a claim or suit brought by You or on Your behalf. You understand that this Waiver will apply each and every time that You view, use, or interact in any way with the Website.
You further agree that in consideration for being allowed to view, use, or interact with the Website, You release and give up any and all claims and rights that You may now have against Owner and You understand this releases all claims, including those of which You are not aware, those not mentioned in this release, and those resulting from anything which has happened up to now.
Owner shall not be liable for any damages of any kind arising from the viewing, use, or any interaction with the Website, including but not limited to economic, non-economic, consequential, punitive, or any other type of damages. By viewing, using, or interacting with the Website, You expressly agree to hold Owner harmless, and to defend and indemnify Owner from any claim, lawsuit, or damages arising in any way from Your viewing, use, or interaction with the Website.
You agree that any communication between You and the Website is deemed a submission. All submissions, including portions thereof, graphics contained therein, or any of the content of the submission, shall become the exclusive property of the Owner and may be used, without further permission, for commercial use without additional consideration of any kind. You agree to only communicate that information to the Website, which You wish to forever allow the Website to use in any manner as it sees fit.
No additional notice of any kind for any reason is due, and You expressly affirm an understanding that the right to notice is waived as a condition for permission to view or interact with the Website.
Arbitration shall be conducted with the American Arbitration Association (AAA) and pursuant to the AAA rules which are in effect on the date an arbitration demand is initiated. Information about the AAA, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. The arbitration hearing shall take place in Boulder, Colorado.
In no case shall You have the right to file a lawsuit, whether in state, federal, or any other court. You will not have the right to engage in pre-trial discovery except as provided in the rules of the AAA. You will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration. The arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all expenses, costs, and attorneys’ fees associated with the arbitration, including without limit filing fees, collection fees, investigation fees, witness fees, and travel expenses.
JURISDICTION AND VENUE
You agree that the applicable law to be applied shall, in all cases, be the laws of the state of Colorado.
Jennifer Arnett, firstname.lastname@example.org
Rocky Mountain Mediation
1630 30th Street, Ste. A-184
Boulder, CO 80301