Terms & Conditions
TERMS & CONDITIONS
Last Updated: March 6, 2019
These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications, and other online products and services (“Websites”) provided by Colorado Limited, Inc. (“Company” or “We”). By clicking “I Accept” or otherwise using our Websites, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver, please do not use our Websites.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Websites, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued use of the Websites after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Websites.
If you have any questions about these Terms or the Websites, please contact us at email@example.com.
You and the Company agree as follows:
You must be at least 13 years of age to use the Websites. If you are under 18 years of age (or the age of legal majority where you live), you may only use the Websites under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Websites. If you use the Websites on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
User Accounts and Account Security
You may need to register for an account to access some or all aspects of the Websites. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
Ownership; Limited License
The Websites, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by the Company or our licensors, users, or other third parties and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Websites are reserved by us or our licensors. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Websites, for your own personal, non-commercial use and, in the manner permitted by these Terms. Any use of the Websites other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
The entire content included in the Websites, including but not limited to text, graphics, and code is copyrighted as a collective work under United States and other copyright laws, and is the property of the Company. The collective work includes works that are licensed to the Company. Permission is granted to electronically copy and print hard copy portions of the Websites for the sole purpose of placing an order with the Company or purchasing the Company’s products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Websites solely for your own non-commercial use, or to place an order from the Company or to purchase the Company’s products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of the Websites is strictly prohibited, unless expressly authorized by the Company. You further agree to not change or delete any proprietary notices from materials downloaded from the Websites.
The Company does not and cannot review all communications and materials posted to or created by users accessing the Websites, and the Company is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with ability to view and distribute user-generated content on the Websites, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to contents or activities on the Websites. However, the Company reserves the right to block or remove communications or materials it determines to be in violation of a copyright or intellectual property of another.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the copyrights and intellectual property of others. If you believe that anything on the Websites infringes any copyright that you own or control, you may notify the Company by email at firstname.lastname@example.org mail to Colorado Limited, Inc., Attn: Dave Kolin, 2622 S. Zuni Street, Englewood, Colorado 80110.
All trademarks, service marks, trade names, logos, product or service names, slogans, and the look and feel of the Websites are the property of the Company and may not be copied, imitated, or used, in whole or in part, without the Company’s prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Websites are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
Your use of the Websites is at your sole risk. Except as otherwise provided in writing by us, the Websites and the materials and products on the Websites are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Company does not represent or warrant that the functions contained in the Websites will be uninterrupted or error-free, that any defects will be corrected, or that the Websites or the servers that make the Websites available are free of viruses or other harmful components. The Company does not make any warranties or representations regarding the use of the materials in the Websites in terms of the correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. You assume the entire risk as to the quality and performance of the Websites. Some jurisdictions do not allow the exclusion or limitation of warranties, so the above limitations or exclusions may not apply to you.
Limitation of Liability
To the fullest extent permitted by applicable law, the Company will not be liable to you under any theory of liability, whether based in contract, tort, negligence, strict liability, warranty, or otherwise, for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, that result from the use of, or the inability to use, the materials on the Websites or the performance of the products, even if the Company has been advised of the possibility of such damages.
The limitations set forth above will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of the Company or for any other matters in which liability cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release the Company from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
In the event that the Company has mistakenly listed an incorrect price, the Company reserves the right to refuse or cancel any orders placed for such products listed at the incorrect price. The Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for such orders and the order is cancelled, the Company shall issue a credit to your credit card account in the amount of the incorrect price.
The Company may deliver notice to you by means of e-mail, a general notice on the Websites, or by other reliable method to the address you have provided to the Company.
Use of Site
You will not violate any applicable law, contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Websites. You will not:
- Engage in any harassing, threatening, intimidating, predatory, or stalking conduct, including via e-mail, chat, or by use of obscene or abusive language;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Upload to, distribute, or otherwise publish through the Websites any content which is libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, illegal, inflammatory, fraudulent, or otherwise objectionable;
- Engage in any conduct which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law;
- Upload, distribute, or otherwise publish through the Websites any content, or use the Websites, to solicit others to join or become members of any other commercial online service or other organization;
- Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the Websites;
- Modify the Website, remove any proprietary rights, notices, or markings or otherwise mark any derivative uses of the Websites; or
- Use the Websites other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Websites, or that could damage, disable, overburden, or impair the functioning of the Websites in any manner.
The Company does not and cannot review all communications and materials posted to or created by users accessing the Websites, and the Company is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Websites, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Websites. However, the Company, reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, defamatory, obscene, pornographic, lewd, or harassing, (b) fraudulent, misleading, or deceptive, (c) in violation of any law, or (d) offensive or otherwise unacceptable to the Company.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Company, and its subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses, or costs ("Claims") arising out of or related to: (a) your access to or use of the Websites; (b) your user content or feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify the Company Parties of any third-party Claims, cooperate with the Company Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including but not limited to attorneys' fees). You also agree that the Company Parties will have control of the defense or settlement, at the Company’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company or the other Company Parties.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to waive your right to a jury trial and arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this agreement.
Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or the Websites resolved in court. Instead, for any dispute that you have against the Company, you agree to first contact the Company and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to the Company by email at email@example.com by certified mail addressed to: Colorado Limited, Inc., Attn: Dave Kolin, 2622 S. Zuni Street, Englewood, Colorado 80110. The Notice must: (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and the Company cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may, as appropriate in accordance with this section, submit the dispute to binding arbitration administered by the Judicial Arbitration and Mediation Services (“JAMS”) or, where applicable, in court. All submitted disputes will be resolved through confidential binding arbitration held in Denver, Colorado. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and the Company agree that any dispute arising out of or related to these Terms or the Websites is personal to you and the Company and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
You and the Company agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the rules of JAMS, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
The arbitrators, the Company,and you will maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
You and the Company agree that for any arbitration you initiate, you will pay the filing fee and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of Colorado and the United States sitting in Denver County, Colorado have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms, the Websites, or purchase of the Company’s products must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and the Company will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this section by emailing notice to firstname.lastname@example.org by mail to Colorado Limited, Inc., Attn: Dave Kolin, 2622 S. Zuni Street, Englewood, Colorado 80110. In order to be effective, the opt out notice must include your full name, address, and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with these Terms.
If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
Your use of the Websites shall be governed in all respects by the laws of the State of Colorado, U.S.A., and not by the 1980 U.N. Convention on contracts for the international sale of goods, without regard to conflict of law rules or principles (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of Colorado and the United States, respectively, sitting in Denver County, Colorado.
Third-Party Content and Links
In an attempt to provide increased value to our visitors, the Company may provide information about third-party products, services, activities, or events, or link to sites operated and owned by third parties. Your dealings or correspondence with third parties and your use of or interaction with any third-party content or linked sites are solely between you and the third party. Even if the third party is affiliated with the Company, the Company does not control or endorse, and makes no representations or warranties, regarding these linked sites or third-party content, all of which have separate privacy and date collection practices and terms and conditions, independent of the Company. These linked sites and third-party content are only for your convenience and therefore you access these sites at your own risk.
Nonetheless, the Company seeks to protect the integrity of its Websites and the third-party content and links placed upon the Websites and therefore requests any feedback on not only the Websites, but for third-party content and links, including if a specific link does not work.
Any questions, comments, suggestions, ideas, original or creative materials, or other information about the Company, its products, or the Websites that you post, submit, or otherwise communicate to use (collectively, “Feedback”), is non-confidential and will become the sole property of the Company. The Company will own exclusive rights, including, without limitation, all the intellectual property rights, in and to Feedback, and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial, or otherwise, without acknowledgment or compensation to you.
The failure of the Company to exercise or enforce any right or provision of these Terms and conditions will not operate as a waiver of such right or provision. The section titles in these Terms and conditions are for convenience only and have no legal or contractual effect.
You agree that communications and transactions between us may be conducted electronically.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
By using the Websites, you consent to the processing, transfer, and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
These Terms are applicable to you upon your accessing the Websites and/or completing the registration or shopping process. The Company reserves the right to modify, suspend, or stop providing all or portions of the Websites at any time, for any reason. The Company reserves the right to modify, suspend, or stop these Terms, or any part of them, at any time, for any reason. You also have the right to stop using the Websites at any time, for any reason. We are not responsible for any loss or harm related to your inability to access or use the Websites.
The provisions of these Terms related to Copyrights, Trademarks, Disclaimers, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination, for any reason.
If any provision or part of a provision of these Terms is held to be unlawful, void, or unenforceable, that provision or part of the provision is deemed servable from these Terms and does not affect the validity and enforceability of any remaining provisions.