|
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
|
Terms of Use Agreement
SCOREDenver.com is maintained as a service to
our customers. By using our site, you are agreeing to comply
with and be bound by the following terms of use. Please review the following
terms carefully. If you do not agree to these terms, you should not
review information or obtain goods or products from this site.
-
Acceptance of Agreement. You agree
to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement between us
and you, and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time
by us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
-
Copyright. The content, organization,
graphics, design, compilation, magnetic translation, digital conversion
and other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution, use
or publication by you of any such matters or any part of the Site,
except as allowed by Section 4, is strictly prohibited. You do not
acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials on
the Site does not constitute a waiver of any right in such information
and materials.
-
Trademarks. SCORE Marketing, Denver
SCORE, SCORE Denver, ScoreDenver.com and others are either trademarks
or registered trademarks of SCORE Marketing. Other product and company
names mentioned on the Site may be trademarks of their respective
owners.
-
Limited Right to Use. The viewing,
printing or downloading of any content, graphic, form or document
from the Site grants you only a limited, nonexclusive license for
use solely by you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative
works or other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical, other than for your personal use
(but not for resale or redistribution).
-
Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site.
-
Indemnification. You agree to indemnify,
defend and hold us and our partners, attorneys, staff and affiliates
(collectively, "Affiliated Parties") harmless from any liability,
loss, claim and expense, including reasonable attorney's fees, related
to your violation of this Agreement or use of the Site.
-
Nontransferable. Your right to use
the Site is not transferable. Any password or right given to you to
obtain information or documents is not transferable.
-
Disclaimer and Limits. THE INFORMATION
FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE
AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED
BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM
OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU
UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY
FOR ANY GOODS, SERVICES OR INFORMATION.
-
Use of Information. We reserve the
right, and you authorize us, to the use and assignment of all information
regarding Site uses by you and all information provided by you in
any manner consistent with our Privacy Policy.
-
Third-Party Services. We will occasionally
allow access to or advertise third-party merchant sites ("Merchants")
from which you may purchase certain goods or services. You understand
that we do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. You agree that
use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES
OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
-
Third-Party Merchant Policies. All
rules, policies (including privacy policies) and operating procedures
of Merchants will apply to you while on such sites. We are not responsible
for information provided by you to Merchants. We and the Merchants
are independent contractors and neither party has authority to make
any representations or commitments on behalf of the other.
-
Privacy Policy. Our Privacy
Policy, as it may change from time to time, is a part of this
Agreement.
-
Payments. You represent and warrant
that if you are purchasing something from us or from Merchants that
(i) any credit information you supply is true and complete, (ii) charges
incurred by you will be honored by your credit card company, and (iii)
you will pay the charges incurred by you at the posted prices, including
any applicable taxes.
-
Securities Laws. This Site may include
statements concerning our operations, prospects, strategies, financial
condition, future economic performance and demand for our products
or services, as well as our intentions, plans and objectives, that
are forward-looking statements. These statements are based upon a
number of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on
our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law
safe harbors for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation of
an offer for sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be, incorporated
into any of our securities-related filings or documents.
-
Links to other Web Sites. The Site
contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy
or completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by us.
If you decide to leave our Site and access these third-party sites,
you do so at your own risk.
-
Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to
do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide our Copyright
Agent the following information:
-
An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
-
A description of the copyrighted work that you claim
has been infringed;
-
A description of where the material that you claim
is infringing is located on the Site;
-
Your address, telephone number, and email address;
-
A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner,
its agent, or the law; and
-
A statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner's
behalf.
Our Copyright Agent for Notice of claims of copyright infringement
on the Site is DAN WILEY who can be reached as follows:
By mail:
Dan Wiley
Copyright Agent
c/o SCORE Marketing
701 Harlan Street #44
Lakewood, Colorado 80413
By phone: 720-937-2673
By email: copyright@scoredenver.com
- Information and Press Releases. The Site contains
information and press releases about us. While this information was
believed to be accurate as of the date prepared, we disclaim any duty
or obligation to update this information or any press releases. Information
about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
- Miscellaneous. This Agreement shall be treated as
though it were executed and performed in Denver, Colorado, and shall
be governed by and construed in accordance with the laws of the State
of Colorado (without regard to conflict of law principles). Any cause
of action by you with respect to the Site (and/or any information, products
or services related thereto) must be instituted within one (1) year
after the cause of action arose or be forever waived and barred. All
actions shall be subject to the limitations set forth in Section 8 and
Section 10. The language in this Agreement shall be interpreted as to
its fair meaning and not strictly for or against either party. All legal
proceedings arising out of or in connection with this Agreement shall
be brought solely in Denver, Colorado. You expressly submit to the exclusive
jurisdiction of said courts and consents to extra-territorial service
of process. Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law and the
remaining portions shall remain in full force and effect. To the extent
that anything in or associated with the Site is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence. Our failure
to enforce any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision.
|