Please read our terms and conditions carefully
The following Terms and Conditions (the "Terms") govern your use of this service, including via mobile application, and your use of this website (collectively, the "Service").
By accessing and/or using the Service, you acknowledge and agree to all of these terms and conditions. If you do not or cannot agree to the Terms, you may not use the Service. this website reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms, and to impose new or additional terms and conditions on your use of the Service from time to time. Such changes shall be effective immediately and incorporated into these Terms upon notice thereof, which may be provided by any reasonable means including by posting to our website or display in the mobile application. Your continued use of the Service following such notice will be deemed to constitute acceptance of the updated Terms. Changes will not be applied retroactively.
All information, including, without limitation, maps, text, data, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks, service marks, and all HTML, CGI and other codes and scripts in any format used to implement and/or display the Service (all collectively "Content") are the property of this website, its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international copyright, trademark, and other proprietary rights and intellectual property rights laws. Unless expressly permitted under intellectual property law, you may not copy, modify, upload, download, decompile, disassemble, transmit, republish, or otherwise distribute any Content from the Service, either directly or by use of a robot, spider, or other similar manual or automated device or process except as otherwise expressly permitted by these Terms or with the written permission of this website or the applicable rights holder. Additionally, you agree not to take any steps to violate the applicable copyrights, trademarks and/or patents protecting the Content. All rights that are not expressly granted herein are reserved.
Subject to these Terms, this website grants you a limited, non-exclusive, nontransferable license to access the Service, materials and/or Content contained in or made available through this Service, solely for your private, personal, non-commercial use. This is a license to display, use and access the Service for its intended purpose and is not a transfer of title. You may use the Service only for purposes expressly permitted herein. Unauthorized use of the Service or any of the materials and/or Content contained therein terminates this limited license effective immediately.
You may not, without limitation: (a) duplicate the Service or any of the materials and/or Content contained therein; (b) create derivative works based on the Service or any of the materials and/or Content contained therein; (c) use the Service or any of the materials and/or Content contained therein for any commercial purpose, or for any public display, public performance, sale or rental; or (d) distribute the Service or any of the materials and/or Content contained therein. You may, however, use the Service's social media integration to make materials you post available on those platforms. You also may not: (i) remove any copyright or other proprietary notices from the Service and/or Content contained therein; (ii) use any meta-tags or any other "hidden text" containing the this website marks; (iii) "deep-link" to any page of any of the Service (including the homepage); (iv) circumvent any encryption or other security tools used anywhere on the Service (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of any of the Service); (v) use any data mining, robots or similar data gathering and extraction tools on the Service; (vi) decompile, reverse engineer, modify or disassemble any of the software aspect of the Service and/or Content, except and only to the extent permitted by applicable law; or (vii) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the materials and/or Content or any of your rights to access and use the materials and/or Content as granted above. You agree to cooperate with this website in causing any unauthorized use to cease immediately.
You hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Service or other services included on the Service. You are solely responsible for material you submit, including any material that violates any local, state, national, or international laws even if a claim arises after your service is terminated. Uploading such material shall constitute a material breach of these Terms and shall terminate all your rights under these Terms.
You are responsible for complying with all applicable laws, and agree not to use this website or any function thereof in any jurisdiction where such use is prohibited.
You acknowledge and agree that your actions can result in you and/or third parties incurring additional charges, fees and/or costs for messages transmitted to your cellular telephone or theirs. You agree that you are solely responsible for any and all charges and/or fees that result from your use of this Service. You further agree to indemnify and hold this website, and its officers, directors, employees, licensees, vendors, attorneys, insurers, and affiliated companies harmless from any and all costs, demands, claims, actions, damages, and liability arising from and/or relating to such cellular telephone messaging charges, fees and/or costs.
You may terminate your registration and access to the Service by request at any time. You agree that this website and its designees may, without prior notice, immediately terminate or limit your access to the Service. Cause for such termination or limitation of access may include, but not be limited to, (a) violation of these Terms or other associated terms and conditions or guidelines for use, (b) request by law enforcement or other government agencies, (c) discontinuance or material modification of the Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Service. You agree that all terminations and limitations of access for cause shall be made in the sole discretion of this website and its designees, and that this website and its designees shall not be liable to you or any third party for any termination or limitation of your access to the Service.
this website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that this website shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that this website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN IS SOLELY AT YOUR OWN RISK. THE SERVICE AND ALL MATERIALS AND/OR CONTENT CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. this website, ITS PARENTS AND AFFILIATES, SUBSIDIARIES, OFFICERS, PARTNERS, LICENSORS, AND DESIGNEES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR ANY MATERIALS AND/OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL, AND/OR SOFTWARE, AND/OR DATA DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. YOU UNDERSTAND THAT this website CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AND/OR INFORMATION AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. this website DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.
IN NO EVENT SHALL this website (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, LOSS OF DATA, OR DAMAGE TO ANY HARDWARE DEVICE USED IN CONNECTION WITH THIS SERVICE, WHICH MAY ARISE FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE SERVICE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF this website HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL this website'S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICE FOR A PERIOD OF NO MORE THAN SIX (6) MONTHS FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold this website and its officers, directors, shareholders, employees, independent contractors and agents, harmless from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your use, misuse, or inability to use the Service or any of the materials and/or Content contained therein, or your breach of any of the terms and conditions set forth in these Terms. this website shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. this website may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.
this website shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of nature, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay this website's performance.
These Terms and all matters arising out of or otherwise relating to these Terms shall be governed by the laws of the State of California, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms. You hereby submit to the personal jurisdiction of the state and federal courts of the State of California, County of Sonoma. Exclusive venue for any litigation permitted under these Terms shall be with the state and federal courts located in Larimer County.
The failure of this website to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remainder of these Terms will continue in full force and effect.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
These Terms constitute the entire agreement between the parties with respect to your access and use of the Service and the materials and/or Content contained therein, and supersede and replace all prior versions of these Terms. Certain features and downloads associated with the Service may be subject to additional terms and conditions.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section titles in these Terms are for convenience only and have no legal or contractual effect.