TERMS AND CONDITIONS OF USE
1. WEB SITE & SERVICES CONTENT.
2. YOUR AUTHORIZED USES.
You may use information on the Site, as well as The Exchange products and services purposely made available by The Exchange for downloading from the Site, provided that you: (a) not remove any proprietary notice language in all copies of such documents, (b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (c) make no modifications to any such information, and (d) not make any additional representations or warranties relating to such documents.
3. PROHIBITED USES.
4. ACCOUNTS/IDENTIFICATION AND PASSWORDS.
Certain features or services offered on or through the Site may require you to open an account (including setting up an The Exchange account/identification and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify The Exchange immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by The Exchange or any other user of or visitor to the Site due to someone else using your The Exchange identification, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s The Exchange identification, password or account at any time without the express permission and consent of the holder of that The Exchange identification, password or account. The Exchange cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
5. TERMINATION; SUSPECTED BREACH.
6. DISCLAIMER OF WARRANTIES.
The Exchange DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. The Exchange CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. The Exchange DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Exchange DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY The Exchange SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST The Exchange FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. The Exchange reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
IF YOU ARE UTILIZING ANY SERVICES OFFERED BY The Exchange THROUGH THIS WEBSITE (E.G. DATA SYNCHRONIZATION), SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. THERE IS NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. THERE IS NO WARRANTY THAT ANY DATA OR CONTENT YOU INPUT, IMPORT, TRANSFER, TRANSMIT, DOWNLOAD OR UPLOAD TO THE PRODUCT OR ANY ACCOMPANYING WEBSITE WILL BE KEPT SECURELY. The Exchange DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON The Exchange’S BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
7. LIMITATION OF LIABILITY; DISCLAIMER OF CERTAIN DAMAGES.
9. NO ASSIGNMENT.
10. THIRD PARTY CONTENT.
11. EXPORT RESTRICTIONS.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
12. GOVERNING LAW; VENUE; ATTORNEYS’ FEES.
13. ENTIRE AGREEMENT; NO WAIVER; SEVERABILITY.
14. MODIFICATION OF THIS AGREEMENT.
16. CONTACT INFORMATION.
833 15th Ave.
Longmont, CO 80501
email: [email protected]