Terms & Conditions
The Colorado Business Roundtable
The www.cobrt.com website (“Site”) is made available by the Colorado Business Roundtable. All content provided on or through this Site may be accessed and used only under the Terms of Use stated below.
Please read the Terms of Use carefully before you start to use the Site. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SITE.
Overview
- These Terms of Use May Change
- Privacy Policy
- Services Provided
- Intellectual Property Rights
- Restrictions on Use
- User Contributions
- Digital Millennium Copyright Act (DMCA) Take-Down Procedures
- Information on the Site
- Third-Party Services
- Geographic Restrictions
- Age Restrictions
- No Warranty
- Limitation of Liability
- Termination
- Indemnification
- Dispute Resolution
- Notice
- Governing Law
- Miscellaneous
- Questions or Comments
1. These Terms of Use May Change
1.1 Colorado Business Roundtable reserves the right to modify these Terms of Use in its sole discretion at any time and without prior notice to you. Any changes to these Terms of Use will become effective when we post the revised Terms of Use on our Site. Your continued use of the Site thereafter will constitute agreement with such modifications. If you do not wish to be bound by any new or modified terms, you must cease all use of the Site. The date on which these Terms of Use were last updated is shown in the “Last Updated” legend.
2. Privacy Policy
2.1 In addition to these Terms of Use, Colorado Business Roundtable has established a Privacy Policy to explain how we collect and use information about you. By accessing or using the Website, you also are signifying your agreement to our Privacy Policy.
3. Services Provided
3.1 The Site provides information of importance to the business community. Colorado Business Roundtable may, as a service to its members, allow third parties to promote their services and/or products through the Site. The provision of such products and services is governed by the terms of use established by such third parties, and Colorado Business Roundtable assumes no responsibility either directly or indirectly for the provision of products or services by these third parties.
3.2 Colorado Business Roundtable also provides informational content by e-mail to those who have subscribed to one or more of our e-mail newsletters. You can opt out of receiving our e-mail newsletters by following the instructions for unsubscribing contained in the e-mails or by e-mailing [email protected] and asking to be removed from the mailing list.
4. Intellectual Property Rights
4.1 Ownership. The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“Content”) are owned by Colorado Business Roundtable, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property, or proprietary rights laws.
4.2 Intellectual Property. The trademarks used in connection with Colorado Business Roundtable’s business and/or displayed on this website are owned by Colorado Business Roundtable and are protected by U.S. federal trademark laws and various international laws. These trademarks include, among others, COLORADO BUSINESS ROUNDTABLE™, the Colorado Business Roundtable Logo, and Colorado Business Roundtable slogans. You may not use or register, or otherwise claim rights in any Colorado Business Roundtable trademark, including as or as part of any trademark, service mark, company name, trade name, username or domain registration. The contents of this website, including the reports, surveys, commentary, letters, research, data analysis, written materials, testimony, photographs, videos, and other audiovisual materials, are also protected under U.S. copyright laws and various international laws and treaties. Colorado Business Roundtable is proud of its strong brand and the value of the goodwill it has built in its trademarks. As such, Colorado Business Roundtable actively enforces its intellectual property rights, and any unauthorized use of its intellectual property is strictly prohibited. Colorado Business Roundtable’s trademarks or copyrights may only be used with Colorado Business Roundtable’s express written permission. Colorado Business Roundtable may revoke permission to use Colorado Business Roundtable’s trademarks or copyrights at any time .
4.3 Permissible Uses. The Terms of Use permit you to use the Site and its Content for only your personal use or your business’s internal use. You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
4.3.1 You may print or download one copy of a reasonable number of pages of the Site for your own personal use or your business’s internal use, and not for further reproduction, publication, or distribution.
4.3.2 You may download or print or share content from this Site or social media features or take such actions as are enabled by such features, provided you link or refer to our original content.
4.3.3 If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use or internal business use, provided you agree to be bound by our end user license agreement for such applications.
4.3.4 You must not modify copies of any materials from our Site; use any illustrations, photographs, video, audio sequences, or any graphics separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site. In addition, you must not access or use any part of our Site, services, or materials available through the Site for commercial purposes.
4.4 If you wish to make any use of the materials on the Site other than that set forth in this Section, please address your request to: [email protected].
5. Restrictions on Use
5.1 Links. You may generally establish a hypertext link to our Site as long as the link and the surrounding context does not cast us in a false or misleading light or state or imply any sponsorship or affiliation with Colorado Business Roundtable or our Site. You may not frame the content of our Site. You may not use metatags or any other “hidden text” that incorporates our trademarks or our name without our express prior written consent. Please contact Colorado Business Roundtable at [email protected] if you have any questions about establishing a link to our site.
5.2 Prohibited Uses. When accessing or using our Site you shall not:
5.2.1 Use it in any way that violates any federal, state, local, or international law or regulation.
5.2.2 Impersonate or attempt to impersonate Colorado Business Roundtable, a Colorado Business Roundtable employee, or any other person or entity affiliated with Colorado Business Roundtable, such as by using e-mail addresses from our Site.
5.2.3 Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Site, or that, as determined by us, may harm Colorado Business Roundtable or our users, or expose them to liability.
5.2.4 Disrupt, interfere with, disable, impair, overburden, violate the security of, or attempt to gain unauthorized access to, the Site, its services, the server on which the Site is stored, or any server, computing device, or computer network connected to the Site.
5.2.5 Upload, transmit, distribute, or run any computer virus, worm, trojan horse, malware, spyware, time bomb, logic bomb, or any computer code that could damage or alter a computing device, computer network, communication network, data, the Services, or any other system, device, or property.
5.2.6 Access, use, or modify any data, information, or other materials not intentionally made available or accessible to you by Colorado Business Roundtable.
5.2.7 License, sublicense, assign, convey, or transfer any rights granted hereunder.
5.2.8 Access or use the Site for any purpose other than as expressly permitted under these Terms of Use.
6. User Contributions
6.1 Users may be able to submit, post, publish, display, or transmit to Business Roundtable or other users and persons (hereinafter, “Submit”) content or materials (collectively, “User Contributions”) on or in connection with the Site, including, but not limited to, the content of newsletter e-mails. We have the right to:
6.1.1 Remove or refuse to display or otherwise distribute any User Contributions for any or no reason in our sole discretion.
6.1.2 Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Colorado Business Roundtable.
6.1.3 Disclose your identity or other information about you to any third party who claims that material Submitted by you violates their rights, including their intellectual property rights or their right to privacy.
6.1.4 Cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Submitting any materials on or through the site.
6.2 We do not undertake to review all material before it is Submitted on the Site or distributed by other means, and cannot ensure prompt removal of objectionable material after it has been Submitted or distributed. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
6.3 Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. User Contributions must not:
6.3.1 Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, discriminatory, violent, hateful, inflammatory, or otherwise objectionable.
6.3.2 Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
6.3.3 Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Statement.
6.3.4 Be likely to deceive any person.
6.3.5 Promote any illegal activity, or advocate, promote, or assist any unlawful act.
6.3.6 Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
6.4 User Contributions. Any User Contribution you Submit to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You understand and acknowledge that you are responsible for any User Contributions you Submit, and you, not the Colorado Business Roundtable, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
7. Digital Millennium Copyright Act (DMCA) Take-Down Procedures
7.1 Compliance with the DMCA. If you believe that any materials on our Site violate your copyright, please follow the instructions below to send us a notice of copyright infringement. Colorado Business Roundtable may remove or disable access to material residing on our Site that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
7.2 Filing a Notice of Infringing Material Under the DMCA. If you believe that materials accessible on or from this Site infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent as designated below. The notice must include the following:
7.2.1 Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example, the title, author, any registration or tracking number, and URL).
7.2.2 Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example, a link to the page that contains the material).
7.2.3 Your contact information (for example, your address, telephone number, or e-mail address).
7.2.4 A statement that you have a good faith belief that the use of the material identified in Section 7.2.2 is not authorized by the copyright owner, its agent, or the law.
7.2.5 A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
7.2.6 Your physical or electronic signature.
7.3 Our designated copyright agent to receive DMCA Notices is:
Colorado Business Roundtable
5445 DTC Parkway, Ste 825
Greenwood Village, CO 80111
[email protected]
7.4 Please also be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
7.5 It is our policy to, in appropriate circumstances, suspend and/or terminate access to or use of the Site, including use of our newsletter services, for users of our Site who are repeat infringers.
8. Information on the Site
8.1 Reliance on the Information We Provide. The information presented on or through our Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Our materials may be out of date at any given time. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its Contents.
8.2 Information Provided by Third Parties. This Site may include content provided by third parties. All statements and/or opinions expressed in these materials, as well as all articles and responses to questions and other content, other than the content provided by Colorado Business Roundtable, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Colorado Business Roundtable, and we are not responsible or liable for the content or accuracy of any materials provided by any third parties.
9. Third-Party Services
9.1 Your access to or use of the Site may involve interaction with or use of third party services, websites, information, advertising, products, content, data, tools, materials, software, intellectual property rights, or other tangible or intangible items owned or controlled by third parties, such as third-party social media providers who provide you with a means to hear from Colorado Business Roundtable on their platforms (“Third Party Services”). Our Site may also contain links to or have features that are hosted by Third Party Services, including our Colorado Business Roundtable blog.
9.2 These Terms of Use do not address the policies or practices of these providers, owners, or controllers of the Third Party Services (“Third Party Providers”) and do not grant you any rights in or to any Third Party Services. Your access to and use of any Third Party Services and the provision of the Third Party Services to you are governed by your separate agreement with such Third Party Providers (including their own terms of service and privacy policies), and not these Terms of Use. You should review the terms of service and privacy policies governing the Third Party Services before using them, and you are solely responsible for complying with those terms and conditions.
10. Geographic Restrictions
10.1 Colorado Business Roundtable provides this Site for use only by persons located in the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with United States federal, state, and local laws. Please consult our Privacy Policy for more information.
11. Age Restrictions
11.1 The Site is intended for use by persons who are 18 years of age or older.
12. No Warranty
12.1 Site Materials Disclaimer. The materials provided on the Site are provided “as is” and without warranty of any kind, express or implied. Your use of the Site and the Content accessed on or through the Site is entirely at your own risk and it is your sole responsibility to evaluate accuracy and completeness. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUSINESS ROUNDTABLE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, GUARANTEES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE INFORMATION AND MATERIALS CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
12.2 Site Availability Disclaimer. You understand that Colorado Business Roundtable does not guarantee that it will continue to make the Site available to you, whether by the same methods currently used or otherwise. Colorado Business Roundtable may discontinue providing the Site to you at any time. You agree not to hold Colorado Business Roundtable liable for any damages arising from a discontinuation or modification of all or part of the Site.
12.3 Site Security Disclaimer. You acknowledge that the Site is connected with the Internet and that your use shall be wholly at your own risk. Colorado Business Roundtable does not represent or guarantee that the Site will be free from loss, disruptions, corruption, cyber attack, viruses, interference, hacking, malware, or other security intrusion or adverse incident. Colorado Business Roundtable disclaims any liability relating thereto.
13. Limitation of Liability
13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, In no event shall Colorado Business Roundtable, its partners, affiliates, or contributors to this Site be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability, or otherwise, resulting from your access to or use of the Site or arising from or relating to this terms of use. To the maximum extent permissible by law, you hereby waive any and all such claims against Colorado Business Roundtable, its partners, affiliates, and contributors. You agree that the limitations set forth above are fundamental elements of this agreement, and that the Site and its materials would not be provided to you absent such limitations.
13.2 If, notwithstanding the other provisions of these Terms of Use, Colorado Business Roundtable is found to be liable to you for any damages or losses arising out of your use of, access to or inability to use the Site or any material provided or otherwise supplied by us or any third party, our liability shall in no event exceed the greater of (i) the total amounts paid by you with respect to any services, features, or digital materials available through the Site, paid in the last six months prior to the date of the initial claim made by you against us or (ii) US $100.00. Note that some jurisdictions do not allow limitations of liability or may place limitations on our ability to limit our liability to you, so the foregoing limitation may not apply to you.
14. Termination
14.1 If we believe you have violated these Terms of Use, including by providing any other individual or entity with access to the Site or its services in violation of the Terms of Use, we may immediately suspend or terminate your right to use the Site.
14.2 Survival. Sections 12 (No Warranty), 13 (Limitation of Liability), 15 (Indemnification), 16 (Dispute Resolution), 17 (Notice), 18 (Governing Law), and 19 (Miscellaneous) will continue to apply after you have stopped using or accessing our Site, as well as any other provisions which reasonably should also continue to apply.
15. Indemnification
15.1 You agree to indemnify and hold harmless Colorado Business Roundtable (and its directors, officers, employees, control persons, suppliers, licensors, and agents) from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees and costs) arising out of or related to the following:
15.1.1 Your violation of these Terms of Use, including your breach of the representations and warranties.
15.1.2 Your use of the Site (i) other than as expressly authorized in these Terms of Use; (ii) in violation of any rights of Colorado Business Roundtable or any Third Party Providers or Third Party Services, including copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights; or (iii) in violation of any applicable law, rule, or regulation.
15.1.3 User-generated content provided by you that either you or Colorado Business Roundtable has published through the Site.
15.1.4 Your use of any information obtained from the Site.
15.2 Colorado Business Roundtable will promptly provide you with Notice of a claim or suit and provide reasonable cooperation (at your expense) and full authority to defend or settle the claim or suit.
16. Dispute Resolution
16.1 Arbitration. Colorado Business Roundtable may require you to submit any disputes arising from the use of the Site or from these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Information about the AAA and the Commercial Arbitration Rules is available at adr.org/commercial.
16.2 Costs and Attorney’s Fees. To the extent allowed by law, in any action or proceeding to enforce rights under these Terms of Use, Colorado Business Roundtable will be entitled to recover costs and attorneys’ fees if it substantially prevails. The parties will otherwise separately pay their own attorneys’ fees and costs.
16.3 Class Action Waiver. TO THE EXTENT ALLOWED BY LAW, YOU AND BUSINESS ROUNDTABLE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR BUSINESS ROUNDTABLE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY-GENERAL ACTION, OR SIMILAR TYPE OF PROCEEDING.
16.4 Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Notice
17.1 All notices under this Agreement (“Notices”) shall be in writing. Colorado Business Roundtable shall direct any Notices to you at (a) the mailing address or e-mail address that you most recently provided to Colorado Business Roundtable; or (b) a publicly-listed address for you. You shall direct any Notices to “Colorado Business Roundtable, Attention: Legal Department” at one of the following addresses:
Mail:
Colorado Business Roundtable
5445 DTC Parkway, Ste 825
Greenwood Village, CO 80111
[email protected]
18. Governing Law
18.1 The enforceability and interpretation of Section 16 (Dispute Resolution) will be determined in accordance with the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended (the “Federal Arbitration Act”), including its procedural provisions. Apart from Section 16 (Dispute Resolution), these Terms of Use shall be governed by and construed in accordance with the laws of the District of Columbia without giving effect to any choice or conflict of law principles that would cause laws of another jurisdiction to apply.
19. Miscellaneous
19.1 Entire Agreement. These Terms of Use, which incorporate the Colorado Business Roundtable Privacy Statement, constitute the entire agreement between you and Colorado Business Roundtable in relation to the Site and supersedes any prior agreements between us regarding the Site, including prior versions of these Terms of Use.
19.2 No Waiver. Colorado Business Roundtable’s failure to enforce, or delay in enforcing, any provision of these Terms of Use will not constitute a waiver of such right. Any waiver must be in writing and signed by both Parties to be legally binding.
19.3 Severability. All parts of these Terms of Use apply to the maximum extent permitted by applicable law. If a part of this Agreement cannot be enforced as written, then that part will be replaced with terms that most closely match the intent of the Parties to the extent permitted by applicable law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions.
19.4 Relationship of the Parties. Nothing in the Terms of Use creates any partnership, joint venture, franchise, employment, or other agency relationship between Colorado Business Roundtable and you. You may not enter into any contract on Colorado Business Roundtable’s behalf or bind Business Roundtable in any way.
19.5 Assignment. You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Colorado Business Roundtable may, in its sole discretion, transfer, delegate, subcontract or assign, without notifying you, any rights or obligations under these Terms of Use.
19.6 Third Party Beneficiaries. These Terms of Use are for the benefit of Colorado Business Roundtable and you only, and only Colorado Business Roundtable and you may enforce it. The Parties do not intend for these Terms of Use to confer any right or benefit on any third party.
20. Questions or Comments
20.1 If you have any questions or concerns about these Terms of Use, please contact Colorado Business Roundtable by e-mail at [email protected] or by mail at:
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