Terms of Use Policy

In registering for HikerAlert.com, you are deemed to have read and agreed to the following terms and conditions:

1. ACCEPTANCE OF TERMS

The services that HikerAlert.com provides to you ("User"), the person accessing and using the services, are subject to the following Terms of Use ("TOU"). HikerAlert.com has the discretion to update the TOU at any time. When changes are made, the updated date will be posted at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. The most current version of the TOU should be reviewed by User upon each visit by clicking on the "Terms Of Use" link located at the bottom of our web pages.

A. This agreement, which incorporates by reference other provisions applicable, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in HikerAlert.com, sets forth the terms and conditions that apply to the use of HikerAlert.com by User. By using HikerAlert.com (other than to read this Agreement for the first time), User agrees to comply with all the terms and conditions hereof. The right to use HikerAlert.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’ Account (under any username or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s username and password.

B. HikerAlert.com shall have the right at any time to change or discontinue any aspect or feature of HikerAlert.com, including, but not limited to, content and equipment needed for access or use.

2. CHANGED TERMS

HikerAlert.com shall have the right at any time to change or modify the terms and conditions applicable to User’s use of HikerAlert.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be received by any means including, but not limited to, posting on HikerAlert.com or by electronic mail ("e-mail"). Any use of HikerAlert.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

3. DESCRIPTION OF SERVICES

HikerAlert.com provides User with access to its services (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU.

HikerAlert.com is a Web-based system which is intended to automatically notify a User-selected person, or group of people, when User is overdue returning from a scheduled hike or other event, indicating that User might be lost, injured or in some other peril. HikerAlert.com limits all pre-alert and alert notifications to e-mail and text messaging (SMS) methods only. HikerAlert.com does not use any form of voice communication methods to distribute or respond to notifications. HikerAlert.com IS NOT a professional emergency response service or search and rescue service, nor is HikerAlert.com affiliated with any such organizations. HikerAlert.com does not directly notify or contact any official search and rescue authorities. It is the responsibility of the User's selected emergency contact person(s) to notify any and all appropriate authorities.

HikerAlert will send email notifications to registered Users regarding security issues, possible service performance problems or outages, and major software updates.

4. EQUIPMENT NECESSARY TO USE SERVICES

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of HikerAlert.com and all charges related thereto.

5. USER CONDUCT

A. User shall use HikerAlert.com for lawful purposes only. User shall not post or transmit through HikerAlert.com, any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without HikerAlert.com’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a user that in HikerAlert.com’s discretion restricts or inhibits any other User from using or enjoying HikerAlert.com will not be permitted. User shall not use HikerAlert.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with HikerAlert.com.

B. HikerAlert.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, videos, graphics, music and sound, and the entire contents of HikerAlert.com are copyrighted as a collective work under the United States of America copyright laws. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of HikerAlert.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

C. User shall not upload, post or otherwise make available on HikerAlert.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with the User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of HikerAlert.com, Users automatically grants, or warnings that the owner of such material has expressly granted HikerAlert.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, published, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants HikerAlert.com the right to edit, copy, publish and distribute any material made available on HikerAlert.com by User.

D. The foregoing provisions of section five are for the benefit of HikerAlert.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. USE OF SERVICES

The services may contain email services, bulletin board services, chat areas, newsgroups, forms, communities, personal profiles, calendars, and or other message or communication facilities designed to an able User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communications Service. By way of example, and not as a limitation, User agrees that when using the Communications Services, User will not:

Use the Communications Services in connection with surveys, contests, pyramid schemes, chain letters, junk mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy are publicity) unless user own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, warms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communications Services specifically allows such messages.
Download any file posted by another user of the Communications Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communications Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any of applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

HikerAlert.com has no obligation to monitor the Communications Services. However, HikerAlert.com reserves the right to review materials posted to the Communications Services and to remove any materials in its sole discretion. HikerAlert.com reserves the right to terminate User’s access to any or all of the Communications Services at any time, without notice, for any reason whatsoever. HikerAlert.com reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HikerAlert.com’s sole discretion.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if a User downloads the materials. Always use caution when giving out any personal identifiable information in any Communications Services. HikerAlert.com does not control or endorse the content, messages or information found any Communications Services and, therefore, HikerAlert.com specifically disclaims any liability with regard to the Communications Services and any actions resulting from User’s participation in any Communications Services. Managers and hosts are not authorized HikerAlert.com spokespersons, and their views to not necessarily reflect those of HikerAlert.com.

7. MEMBER ACCOUNT, PASSWORD AND SECURITY

If any of the Services requires User to open an account, User must complete the registration process by providing HikerAlert.com with current, complete and accurate information has prompted by the applicable registration form. User also will choose a password and a username. User is entirely responsible for maintaining the confidentiality of User’s password an account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify HikerAlert.com immediately of any unauthorized use of User’s account or any other breach of security. HikerAlert.com will not be liable for any loss that user may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, user could be held liable for losses incurred by HikerAlert.com or another party due to someone else using the User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.

8. SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE

IN NO EVENT SHALL HIKERALERT.COM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN ANY ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

9. MATERIALS PROVIDED TO HIKERALERT.COM OR POSTED AT ANY OF ITS WEBSITES

HikerAlert.com does not claim ownership of the materials User provides to HikerAlert.com (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing for submitting ("Posting") User’s Submission User is granting HikerAlert.com, its affiliated companies and necessary sublicensees permission to use User's Submission in connection with the operation of the Internet businesses (including, without limitation, all HikerAlert.com Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User's Submission; to publish User's name in connection with User's Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of the User's Submission, has provided herein. HikerAlert.com is under no obligation to post or use any Submission User may provide and HikerAlert.com may remove any Submission at any time in its sole discretion. By Posting a Submission, User warrants and represents to own or otherwise control all of the rights to User's Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representations set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrants and represents that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User has the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which includes such Images), including, without limitation, a non-exclusive, worldwide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The license is granted in the preceding sentence is for all Images will terminate at the time the User completely removes such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely removes such Images. No compensation will be paid with respect to the use of User’s Images.

10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

A. USER EXPRESSLY AGREES THAT USE OF HIKERALERT.COM IS THAT USER’S SOLE RISK. NEITHER HIKERALERT.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT HIKERALERT.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF HIKERALERT.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH HIKERALERT.COM.

B. HIKERALERT.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT HIKERALERT.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

D. IN NO EVENT WILL HIKERALERT.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING HIKERALERT.COM OR THE HIKERALERT.COM SOFTWARE, THE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE HIKERALERT.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

E. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER HIKERALERT.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF THE INFORMATION CONTAINED WITHIN HIKERALERT.COM, OR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR A OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

F. HIKING, BACKPACKING, ROCK CLIMBING, ICE CLIMBING, MOUNTAINEERING, MOUNTAIN BIKING, SKIING, HUNTING, FISHING AND OTHER WILDERNESS ACTIVITIES ARE ALL INHERENTLY DANGEROUS. THE USERS OF HIKERALERT.COM PARTICIPATE IN THESE ACTIVITIES AT THEIR OWN RISK. HIKERALERT CANNOT BE HELD RESPONSIBLE FOR ANY OUTCOME OF USER PARTICIPATING IN SUCH ACTIVITIES.

G. FORCE MAJEURE: NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD-PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

11. LINKS TO THIRD PARTY SITES

THE LINKS IN THIS AREA WILL LET YOU LEAVE HIKERALERT.COM’S SITE. THE LINKS SITES ARE NOT UNDER THE CONTROL OF HIKERALERT.COM AND HIKERALERT.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. HIKERALERT.COM IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. HIKERALERT.COM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY HIKERALERT.COM OF THE SITE.

HikerAlert.com is a distributor and not a publisher of contents supplied by third-parties and Users. Accordingly, HikerAlert.com has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third-parties, including information providers, Users or any other user of HikerAlert.com, are those of their respective author(s) or distributor(s) and not of HikerAlert.com. Neither HikerAlert.com nor any third-party provider of information, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through HikerAlert.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with HikerAlert.com. HikerAlert.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on HikerAlert.com by anyone other than authorized HikerAlert.com employee spokespersons while acting in their official capacities. Under no circumstances will HikerAlert.com be liable for any loss or damage caused by a User’s reliance on information obtained through HikerAlert.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through HikerAlert.com. Please seek the advice of professionals, as appropriate, regarding devaluation of any specific information, opinion, advice or other consent.

12. UNSOLICITED IDEA SUBMISSIONS

HIKERALERT.COM OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN HIKERALERT.COM’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO HIKERALERT.COM. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO HIKERALERT.COM OR ANYONE AT HIKERALERT.COM. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT HIKERALERT.COM MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

13. MONITORING

HikerAlert.com shall have the right, but not the obligation, to monitor the content of HikerAlert.com, including chat rooms and forums, to determine compliance with this agreement and any operating rules established by HikerAlert.com and to satisfy any law, regulation or authorized government’s request. HikerAlert.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on HikerAlert.com. Without limiting the foregoing, HikerAlert.com shall have the right to remove any material that HikerAlert.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

14. INDEMNIFICATION

User agrees to defend, indemnify and hold harmless HikerAlert.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of HikerAlert.com by User or User’s Account.

15. PAYMENT FOR SERVICES

HikerAlert.com reserves the right to change the price and terms of a new HikerAlert.com membership at any time. The price and term of existing and current HikerAlert.com memberships cannot be modified. "HikerAlert Membership" will be listed as the charge on your payment card statement. HikerAlert.com membership fees are refundable within 30 days from your payment transaction date. Beyond 30 days, membership fees are non-refundable.

16. TERMINATION

Either HikerAlert.com or User may terminate this Agreement at any time. Without limiting the foregoing, HikerAlert.com shall have the right to immediately terminate User’s Account in the event of any conduct by User which HikerAlert.com, in its sole discretion, considers to be unacceptable, or in the event of any breach, by User of this Agreement.

17. MISCELLANEOUS

This Agreement and any operating rules for HikerAlert.com established by HikerAlert.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This agreement shall be construed in accordance with the laws of the state of Colorado in the United States of America, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only at shall not be given any legal import.

18. COPYRIGHT NOTICE

19. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, Logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.

These Terms of Use were last updated on January 1, 2020.