If you access, sign up for, or use additional services through the Web site that are governed by additional terms and conditions, we will inform you of those additional terms and conditions when you access, sign up or use those services. Such additional services will be governed by the additional terms and conditions and, unless otherwise provided by such additional terms and conditions, they are hereby incorporated into this Agreement by reference.
1. OWNERSHIP AND USE
The content, materials, and information found on the Web site (“Materials”) are the copyrighted works of Barofold and/or its suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Barofold hereby authorizes you to download, view, copy and print documents and graphics in the Materials subject to the following: (a) the Materials may be used solely for personal, informational, non-commercial purposes; and (b) the Materials may not be modified or altered in any way. In consideration of this authorization, you agree not to reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Materials and except as expressly permitted under this Agreement, you agree not to rent, lease, loan, or sell access to the Materials. All copyright and other proprietary notices on any Materials must be retained on any copies of the Materials. Any unauthorized reproduction or modification, distribution, or performance of any Materials is strictly prohibited. Barofold and its licensors reserve all rights not granted in this Agreement.
You agree that you will not: (i) interfere with, disrupt, or create an undue burden on the Web site or the networks or services connected to the Web site; (ii) introduce software or automated agents to the Web site so as to generate automated messages or to strip or mine data from the Web site; or (iii) interfere with, disrupt, or modify any data or equipment to manipulate the functionality of the Web site.
THE MATERIALS AND THIS WEB SITE ARE PROVIDED “AS-IS” AND AS AVAILABLE. BAROFOLD EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE WEB SITE WILL MEET YOUR REQUIREMENTS; (B) THE WEB SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE WEB SITE, MATERIALS, OR ANY SERVICES OFFERED THROUGH THE WEB SITE WILL BE ACCURATE OR RELIABLE.
ALTHOUGH BAROFOLD HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THIS WEB SITE AS A SERVICE TO ITS USERS, BAROFOLD ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO REPRESENTATIONS WITH RESPECT TO, THE ACCURACY OF THE INFORMATION. BAROFOLD MAY CHANGE THE WEB SITE OR MATERIALS AT ANY TIME WITHOUT NOTICE. MENTION OF NON-BAROFOLD PRODUCTS, SOLUTIONS, OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
3. LIMITATION ON LIABILITY
IN NO EVENT SHALL BAROFOLD OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR MATERIALS, EVEN IF BAROFOLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BAROFOLD’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
At times this Web site may contain links to web sites maintained by other companies, individuals or agencies which are provided as a convenience to Barofold users. These linked sites are not under the control of Barofold, and Barofold is not responsible for the accuracy of information on such sites. Barofold does not monitor or review the content of such third party sites and therefore advises you that your access by link to third-party sites is at your own risk.
5. APPLICABLE LAW
This Agreement will be governed by Colorado law without regard to any laws that require the application of another jurisdiction’s laws. Any legal action or proceeding relating to your access to, or use of, the Web site shall be instituted in an appropriate state or federal court located in Colorado and no other venue. You and Barofold agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
7. COPYRIGHT POLICY
It is Barofold’s policy to terminate user privileges of any user who infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Web site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Web site; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: Copyright Agent
12635 E. Montview Blvd, Aurora, CO 80045
You agree to defend, indemnify, and hold Barofold, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of or related to your use of the Web site or Materials in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
9. COPYRIGHT/TRADEMARK INFORMATION
Copyright © 2007, Barofold Inc. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Web site are Barofold’s property or the property of other third parties. You are not permitted to use these Marks without Barofold’s prior written consent or the consent of such third party which may own the Marks.
10. EXPORT RESTRICTIONS/LEGAL COMPLIANCE
You may not access, download, use or export the Web site, the Materials, or products or services provided on the Web site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
11. CONTACT INFORMATION
If you have any questions regarding this Agreement, please contact Barofold Inc. at 12635 E. Montview Blvd, Aurora, CO 80045
This Agreement constitutes the entire agreement between you and Barofold regarding the use of the Web site and Materials. Barofold’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement may be amended by Barofold from time to time. If we make material changes to the Agreement, we will post notice of the changes on the Web site’s homepage, and at the top of the Agreement. You agree that such amended Agreement will be effective 30 days after the notice is posted to you, and your continued access to the Web site or use of the Services after that time shall constitute your acceptance of the amended Agreement.