Those darn lawyers
Terms of Use
Last Updated: June 18, 2018
www.contextwest.com (the “Site”) is owned by Context West LLC (‘ContextWest’). Your use of the Site, as well as any information distributed in conjunction with the Site, is offered by ContextWest subject to your acceptance of these Terms of Use, the Privacy Policy and other notices posted on the Site. Your use of the Site indicates your acknowledgment and agreement to these Terms of Use, the Privacy Policy and other notices, guidelines and policies (the “ContextWest Policies”) posted on the Site. BY ACCESSING THE SITE, YOU DESIRE TO USE THE SITE AND, AS SUCH, YOU HEREBY AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THESE TERMS OF USE, THE PRIVACY POLICY AND ALL CONTEXTWEST POLICIES THAT ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to be bound by, and to comply with, all of the foregoing, you may not access or use the Site.
ContextWest reserves the right to change any of the terms and conditions contained in these Terms of Use and the ContextWest Policies at any time and in its sole discretion. YOUR CONTINUED USE OF THE SITE FOLLOWING ANY SUCH CHANGE MADE BY CONTEXTWEST WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGE. IF YOU DO NOT AGREE TO ANY SUCH CHANGE, YOU MUST DISCONTINUE USE OF AND ACCESS TO THE SITE.
Ownership
The Site, as well as all materials posted to the Site by ContextWest including, but not limited to, information, data, photographs, graphics, messages, audio, images, software, text, video clips and other materials (the “ContextWest Content”), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. You may not use the ContextWest Content except as specified herein, and you agree to follow all instructions on the Site limiting the way you may use the ContextWest Content as well as all non-ContextWest Content. There are a number of proprietary logos, service marks, and trademarks found on the Site. By making them available on the Site, ContextWest is not granting you any license to use those proprietary logos, service marks or trademarks. Any unauthorized use of the ContextWest Content including, without limitation, all ContextWest Content, may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Your Rights and Obligations
You will not (a) violate any laws, third party rights or ContextWest Policies; (b) use the Site to distribute viruses or any other technologies that may harm the Site, ContextWest, or the interests or property of ContextWest or other users of the Site; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on or with the Site; (d) bypass measures used by ContextWest to prevent or restrict access to the Site; (e) post any content to the Site that infringes any third party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); or (f) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (including, without limitation, the ContextWest Content) from the Site without ContextWest’s prior express written permission.
Chat Rooms; License to Your Content
You acknowledge and agree that all information, data, software, sound, photographs, graphics, text, video, messages and other materials (the “Site Content”) found on the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Site Content originated, and you agree that you are solely responsible for your actions and the Site Content that you email, post, publish, upload or otherwise transmit (“Transmit”) via the Site (such Site Content that you provide hereinafter referred to as the “Participant Content”). You acknowledge and agree that your Transmission of Participant Content to and/or via the Site is entirely voluntary, non-confidential (transmission by you of Participant Content does not establish a confidential relationship or obligate ContextWest to treat your Participant Content, or any other materials, as confidential), gratuitous, and non-committal and, as such, you represent and warrant that all Participant Content that you Transmit via the Site is correct and current. Moreover, you hereby acknowledge and agree that you are entirely responsible for all Participant Content that you Transmit via the Site, and that ContextWest may, but is not obligated to, monitor or review any areas on the Site where users of the Site Transmit or post content or communicate with each other, including but not limited to chat rooms, bulletin boards or other user forums. ContextWest reserves the right, in its sole discretion, to refuse or delete any Participant Content that is posted to or available via the Site, and to remove any Participant Content for any reason or for no reason whatsoever, and ContextWest has no liability related to the Participant Content, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. By submitting Participant Content to ContextWest for inclusion in the Site (or any portion thereof), you grant ContextWest a worldwide, royalty free, non-exclusive, perpetual, irrevocable and fully sub-licensable right and license to use, adapt, distribute, display, perform, edit, modify, improve, correct, translate, reproduce, copy and publish such Participant Content, and to create derivative works thereof and to use or incorporate all or any part of the Participant Content in any of ContextWest’s products and/or services (whether or not associated with the Site). If you are not the owner of the Participant Content submitted, you hereby represent, warrant and covenant that you have all necessary rights to disclose such Participant Content, that you are not violating the rights of any third party, and that the owner of such Participant Content agrees to the granting of the aforementioned rights to ContextWest.
Third Party Sites
The Site may contain links to third-party Internet sites on the World Wide Web (each a “Third Party Site”). ContextWest provides such links for your convenience only and is not responsible for the content of any Third-Party Site linked to or from the Site. The existence of any links from the Site to any Third-Party Site does not mean that ContextWest approves of, endorses, or recommends such Third-Party Site(s). ContextWest disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any Third-Party Site.
ContextWest’s Reservation of Rights
Context West LLC reserves the right to determine the Site Content, appearance, design, functionality and all other aspects of the Site (as well as the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and any element, aspect, portion or feature thereof, from time to time). ContextWest reserves the right to report any activity that ContextWest suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect ContextWest systems and customers, or to ensure the integrity and operation of ContextWest’s business and systems, ContextWest may access and disclose any information it considers necessary or appropriate including, but not limited to, your contact details, IP addressing and traffic information, usage history, and posted content. ContextWest reserves the right, but is not obligated, to monitor any activity and content associated with the Site and investigate as ContextWest deems appropriate.
Privacy
Read the Privacy Policy governing the Site. The terms of the Privacy Policy are incorporated into these Terms of Use by this reference and may be changed by ContextWest at any time and from time to time in the future. You should check the Privacy Policy frequently for changes. ContextWest and its affiliates may communicate with you in connection with the Site, electronically and in other media, and you consent to such communications regardless of any “Communication Preferences” (or similar preferences or requests) you may have indicated on the Site or by any other means.
No Warranties
THE SITE IS PROVIDED ON AN “AS IS” BASIS, AND CONTEXT WEST LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION: (a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; AND (c) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CONTEXTWEST. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CONTEXT WEST LLC DISCLAIMS ANY AND ALL SUCH WARRANTIES. CONTEXTWEST DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS ACCESSING AND USING THE SITE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SITE BY OTHER USERS.
Limitation of Liability
YOU USE THE SITE AT YOUR OWN RISK. CONTEXT WEST LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, THE CONTENT, THE INABILITY TO USE THE SITE, OR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITE. REGARDLESS OF THE PREVIOUS TWO SENTENCES, IF CONTEXTWEST IS FOUND TO BE LIABLE, CONTEXTWEST’S LIABILITY TO YOU OR TO ANY THIRD PARTY WILL NOT, UNDER ANY CIRCUMSTANCE, EXCEED US$250.
Applicable Law
These Terms of Use shall be governed in all respects by the laws of the State of Colorado as they apply to agreements entered into and to be performed entirely within the State of Colorado between residents of the State of Colorado, without regard to conflict of law provisions. You agree that any claim or dispute that you may have against Context West LLC must be resolved exclusively by a state or federal court located in the State of Colorado. You agree to submit to the personal jurisdiction of the courts located within the State of Colorado for the purpose of litigating all such claims or disputes.
General Provisions
Entire Agreement; Headings: These Terms of Use, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Policy, constitutes the entire agreement between you and ContextWest with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings between you and ContextWest in connection with the subject matter hereof. Headings used in the sections or subsections of these Terms of Use are not intended to be a substantive part of these Terms of Use and shall not be used to construe or interpret the provisions hereof.
No Agency; No Third-Party Beneficiaries
Context West LLC is not your agent, fiduciary, trustee or other form of representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or shall be construed to give to any person other than you and ContextWest any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you and ContextWest. No third-party beneficiaries are intended to be created by these Terms of Use.
Severability
If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
No Waiver
Neither you nor Context West LLC will be considered to have waived any rights or remedies described in these Terms of Use unless the waiver is in writing and signed by the party against which the waiver is being enforced. No delay or omission by you or ContextWest in exercising any rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. ContextWest’s failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of ContextWest’s right to subsequently enforce such provision or any other provisions of these Terms of Use.
Further Questions
If you have any questions or comments about our Legal Notice, please contact us at info@contextwest.com.