Proposed Website Terms and Conditions of Use – Boettcher Foundation
1. Terms and Conditions; Acceptance of This Agreement
The Boettcher Foundation operates this Website in order to provide information for its community neighbors and the public. You agree not to use the Website for any purposes that are unlawful or prohibited by the terms, conditions and disclaimers contained in this notice (the “Terms and Conditions”).
By using the Website, you are accepting the Terms and Conditions. If you do not accept these Terms and Conditions, you do not have permission to use this Website and you must immediately stop using or accessing it. The Boettcher Foundation may modify or change the Terms and Conditions at any time in its sole discretion without notice. Please monitor the Terms and Conditions for changes. If you continue to use this Website after changes are made to the Terms and Conditions, it will mean that you accept these changes. The Terms and Conditions and applicable amendments, if any, shall continue in full force and effect after you cease using the Website.
If you are under the age of 18 years old, please do not use this Website unless you are an emancipated minor or you have the permission of a parent or guardian. The Boettcher Foundation does not knowingly collect personal information from persons under 13 years of age.
The Boettcher Foundation reserves the right to expel users and prevent their further access to this Website at any time in its sole discretion without notice.
2. This Website is Not Advice
The contents of the Website do not constitute advice or a solicitation of any kind and should not be relied upon in making, or refraining from making, any decision. Some of the information on this Website may contain projections or other forward-looking statements regarding future events or future financial performance. The Boettcher Foundation cautions you that these statements, if any, are only predictions and that actual events or results may differ materially. The Boettcher Foundation undertakes no obligation to update any forward-looking statement.
The contents of the Website (including text, graphics, images and other content) are protected by copyright, trademark and other intellectual property laws. You may not use this Website to infringe any Intellectual Property Rights.
The Intellectual Property Rights in this website and the materials on or accessible via it belong to The Boettcher Foundation or its licensors or contractors unless otherwise noted. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this Website) without prior written permission. The Boettcher Foundation may make fair use of the trademarks owned and used by third parties. Any such marks are noted, and The Boettcher Foundation makes no claim to ownership of those marks.
“Intellectual Property Rights” includes the following (wherever and whenever arising and for the full term of each of them): any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
4. Links; Security; Privacy
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement. You acknowledge and agree that we are not responsible for the content or availability of any such websites.
You agree not to link this Website to any other third party website without advance written permission from The Boettcher Foundation. You may not unlawfully copy or download this Website. You may not sell or modify the contents of this Website. You may not reproduce, display or distribute this Website for any commercial or public purpose. You agree not to violate or attempt to violate the security of this Website. The Boettcher Foundation may investigate security violations and report them to law enforcement authorities or others.
You are responsible for any material or information you post, place on or transmit via this Website. You agree that anything you post, place on or transmit via this Website is truthful, accurate and not misleading, and that you have the right to post, place or transmit it. You may not post, place on or transmit via this Website anything that libels or defames another, is obscene, invades privacy, is threatening or abusive, contains viruses or corrupted files, constitutes third party advertising or solicitation, is false or deceptive, impersonates another, or is unlawful. Do not post, place on or transmit via this Website any concepts, ideas, data, depictions or information protected by the Intellectual Property Rights of others without permission. The Boettcher Foundation has the right to use for its own purposes, without payment or accounting to you or others, any concepts, ideas, data, depictions, or information you post, place on or transmit via this Website.
5. Limitation Of Liability
The Website and links included with it are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement or any kind and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. The Boettcher Foundation and its employees and agents make no representations about the accuracy, reliability, completeness, or timeliness of the Website.
The Boettcher Foundation and its employees and agents make no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. You agree that The Boettcher Foundation and its employees and agents shall not be responsible or liable for any such defects.
6. Release of Claims; Indemnity
To the fullest extent permitted by law, you agree to release The Boettcher Foundation and its employees and agents from any and all past, present and future claims based on any theory of law or equity arising from or relating to this Website, its content, your use of it, or anything you post, place on or transmit via this Website. You agree that The Boettcher Foundation shall not be liable for any direct, indirect, incidental, special or consequential loss or damage whatsoever (including damages for loss of business, lost opportunity, lost profits, loss of data, damage to software or operating systems as well as punitive damages, court costs, litigation expenses or attorney fees) arising from or relating to this Website, its content, your use of it, or anything you post, place on or transmit via this Website.
Your use of this Website and reliance on it is at your own risk. Your sole and exclusive remedy is to discontinue using this Website.
You also agree to indemnify and hold The Boettcher Foundation and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses of any type arising from any theory of law or equity relating in any way to any claims or actions brought against The Boettcher Foundation arising out of any breach by you of these Terms and Conditions, any other liabilities or violations of law arising out of your use of this Website, your violation of any third party rights, or any damages suffered or other claims by third parties resulting from or relating in any way to your, or their, use of this Website or its content.
In the event that any provision of the Terms and Conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, or indications of the same are received by either you or us from any relevant competent authority, The Boettcher Foundation may amend the Terms and Conditions to comply with the applicable law so as to achieve the intention of the parties without illegality or, at our sole discretion, such provision may be severed from the Terms and Conditions and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
8. Applicable Law and Dispute Resolution; Communications with The Boettcher Foundation
The Website originates in Colorado. The Terms and Conditions and all matters arising from or relating to the Website are to be governed by and construed in accordance with Colorado law. You agree that courts in Denver, Colorado shall have exclusive jurisdiction over all disputes arising in connection with the Website or the Terms and Conditions. If you access the Website from outside the United States, you agree to comply with all applicable laws.
Questions, comments or other communications relating to the Website or the Terms and Conditions should be addressed through the contact page.
9. Entire Agreement
The Terms and Conditions represent the entire agreement between us relating to this Website. The Terms and Conditions may not be amended orally. You have not relied on any statements by The Boettcher Foundation other than those expressly stated in the Terms and Conditions.