- USE OF THE SITE. All use of the Site is subject to the terms of this Agreement. You may access and use the Site solely for lawful purposes. You must be 13 years or older to use the Site. BONFILS-STANTON FOUNDATION reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Site (or any portion thereof) with or without notice.
- TERM AND TERMINATION. This Agreement will be effective on the date You first use the Site and will continue until terminated. BONFILS-STANTON FOUNDATION may terminate or modify this Agreement immediately, for any reason or no reason, with or without notice to You. You may terminate this Agreement upon written notice to BONFILS-STANTON FOUNDATION, such termination effective upon receipt of such notice by BONFILS-STANTON FOUNDATION. BONFILS-STANTON FOUNDATION may also suspend your use of the Site or deactivate a User ID and direct You to cease using the Site with or without notice to You and with or without cause. Upon any termination of this Agreement, all rights granted to You under this Agreement will cease and You must promptly discontinue all access to any part of the Site and the use of any Content downloaded or otherwise obtained from the Site. Sections 3, 4, 5, 7, 10, 11, and 15 will survive termination or expiration of this Agreement for any reason as they apply to the rights granted to BONFILS-STANTON FOUNDATION and the restrictions placed on You.
- CONTENT. The Site and the entire contents of the Site, including, but not limited to, text, files, images, graphics, illustrations, audio, video, and photographs on or offered through the Site (collectively, “Content”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights (“Intellectual Property Rights”) of BONFILS-STANTON FOUNDATION or other third parties who have granted rights to BONFILS-STANTON FOUNDATION.
- USE OF THE CONTENT. Your access to or use of the Content is subject to the terms and conditions of this Agreement. You may use the Content only in the form provided on or through the Site solely for your own informational purposes. You may not use any Content for any commercial purpose or charge a fee or other consideration in exchange for the Content. You may not utilize the Content to sell, advertise, endorse, or otherwise promote any other service, product, or party. All use of the Content must be accompanied by an acknowledgment that the Content is owned by BONFILS-STANTON FOUNDATION. You must otherwise abide by all Intellectual Property Rights, notices, information, or restrictions contained on or in any Content. Unless otherwise noted on the Site, as between You and BONFILS-STANTON FOUNDATION, its partners, affiliates, and licensors (“Affiliates”), all Content is owned by BONFILS-STANTON FOUNDATION and its Affiliates. Except as stated in this Agreement, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Site or Content, or any Intellectual Property Rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Site or Content without the prior written permission of BONFILS-STANTON FOUNDATION. If you would like to use the Content in a manner that is not expressly set forth in this Agreement, please contact us using the “Contact Us” page. A link to the Contact Us page is on each page of the Site.
- MARKS. Unless otherwise labeled, all trademarks, service marks, logos, banners, and page headers displayed on this Site (collectively, the “Marks”) are the property of BONFILS-STANTON FOUNDATION and its Affiliates. Except as expressly set forth in this Agreement, You may not display, link to, or otherwise use the Marks without the prior written permission of BONFILS-STANTON FOUNDATION.
- COMMENTS. The Site may allow You to post comments on certain content. BONFILS-STANTON FOUNDATION reserves the right, in its sole and absolute discretion, to refuse to post or remove any post. By posting comments to the Site, You grant BONFILS-STANTON FOUNDATION a nonexclusive, royalty-free, right to use, copy, publish, distribute, and display such comments in any form, media, software, or technology of any kind. You also grant BONFILS-STANTON FOUNDATION the right to use Your name in connection with the reproduction or distribution of such material.
- CLAIMS OF INFRINGEMENT. Just as BONFILS-STANTON FOUNDATION requires users of the Site to respect the copyrights and other intellectual property rights of BONFILS-STANTON FOUNDATION, its Affiliates, and other third parties, BONFILS-STANTON FOUNDATION respects the copyrights and other intellectual property rights of users of the Site and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to:
ATTN: IP Issues
1033 Santa Fe Drive
Denver, CO 80204
- DISCLAIMER AND LIMITATION OF LIABILITY.
8.1 Disclaimer. The site is provided by BONFILS-STANTON FOUNDATION “as is” and “as available” with no warranties whatsoever. BONFILS-STANTON FOUNDATION does not endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, downloaded from, or distributed through the site. You agree that your access to the site is at your own risk and that you are solely responsible for any liability or damage you incur through the access to the site. Except where the laws and regulations of a particular jurisdiction concerning warranties cannot be waived or excluded by agreement, BONFILS-STANTON FOUNDATION expressly disclaims all warranties, whether express or implied, regarding the site including, without limitation, all warranties of title, noninfringement, merchantability, and fitness for a particular purpose. You recognize that the current state of technology does not allow for error-free access to the site and interruptions, crashes, and downtime beyond BONFILS-STANTON FOUNDATION’S control may occur from time to time.
8.2 Limitation. In no event will BONFILS-STANTON FOUNDATION be liable for any direct, consequential, special, indirect, exemplary, or punitive damages, whether in contract, tort, or any other legal theory, in connection with your access to the site or use of the services, even if BONFILS-STANTON FOUNDATION has been advised of the possibility of such damages and notwithstanding any failure of essential purpose or any limited remedy. BONFILS-STANTON FOUNDATION’S total aggregate liability for any damages arising out of or related to this agreement will not exceed $250.
- INDEMNIFICATION. You hereby indemnify, defend, and hold harmless BONFILS-STANTON FOUNDATION and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing the Site or Your breach of any term of this Agreement. BONFILS-STANTON FOUNDATION will provide You with notice of any such claim or allegation, and BONFILS-STANTON FOUNDATION will have the right to participate in the defense of any such claim at its expense.
- LINKED SITES. The Site contains links to third-party sites that are not under the control of BONFILS-STANTON FOUNDATION, and BONFILS-STANTON FOUNDATION is not responsible for any content on any linked site. If you access a third-party site from the Site, then you do so at your own risk. BONFILS-STANTON FOUNDATION provides links only as a convenience, and the inclusion of the link does not imply that BONFILS-STANTON FOUNDATION endorses or accepts any responsibility for the content on those third-party sites. BONFILS-STANTON FOUNDATION welcomes links to the Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of your site by BONFILS-STANTON FOUNDATION or your site does not endorse or oppose any candidate for public office. You may not use on your site, any Content or Marks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the Content or other materials on the Site without prior written consent of BONFILS-STANTON FOUNDATION.
- NOTICES. Except as expressly stated otherwise, any notices required or allowed under this Agreement will be given to BONFILS-STANTON FOUNDATION by postal mail to the address for BONFILS-STANTON FOUNDATION listed on the Site. If applicable law requires that BONFILS-STANTON FOUNDATION accepts email notices (but not otherwise), then You may send BONFILS-STANTON FOUNDATION email notice using the “Contact Us” page. A link to the Contact Us page is on the bottom of each page of the Site. With respect to BONFILS-STANTON FOUNDATION’s notices to You, BONFILS-STANTON FOUNDATION may provide notice of amendments by posting them on the Site and upon such posting any amendment shall be deemed effective notice as set forth in Section 15.6. You agree to check for changes.
- GENERAL TERMS.
13.1 Jurisdiction and Venue. This Agreement will be governed by the laws of the State of Colorado, without giving effect to any conflict of laws principles. You hereby consent to the jurisdiction and venue in the state and federal courts sitting in Denver, Colo. In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party.