Legal
Terms & Conditions; The Exciting Stuff
By using or allowing others to use this website (“Site”),
you (the “User”) are agreeing to be bound by these
legal terms and conditions (“Agreement”). If you do
not agree to the terms and conditions of this Agreement, do not
use this Site. Denver Cruisers, LLC reserves the right to change
or terminate the terms of this Agreement at any time and from time
to time without any notice to you by posting said changes on the
Site. Any such changes are hereby incorporated into this Agreement
by reference as though fully set forth herein.General Provisions
1. Indemnification. You, the User of this Site, agree to indemnify
and hold Denver Cruisers, LLC, its subsidiaries, affiliates, and
assigns, and each of their directors, officers, agents, contractors,
partners and employees, harmless from and against any loss, liability,
claim, demand, damages, costs, and expenses, including reasonable
attorneys’ fees, arising out of this Agreement or in connection
with any use of the Site including but not limited to any damages,
losses, or liabilities whatsoever with respect to damage to any
property or loss of any data arising from the possession, use,
or operation of the Site or arising from transmission of information
or the lack thereof connected with the Site described in this Agreement.
2. Termination. This Agreement shall remain in effect until terminated.
This Agreement may be terminated at Denver Cruisers, LLC’s
sole discretion and without prior notice. This Agreement will terminate
automatically without notice from Denver Cruisers, LLC if you or
any other person or entity using the Site violates any provision
of this Agreement. Denver Cruisers, LLC shall not be liable to
you or to any third party for any termination. Upon termination
you or any other person using the Site shall cease to use the Site
at your sole cost and expense.
3. Updates. At its option, from time to time, Denver Cruisers,
LLC may update the Site at its sole discretion. Unless explicitly
stated otherwise, any such updates will be subject to the terms
of this Agreement including any amendments to this Agreement, to
be determined in Denver Cruisers, LLC’s sole discretion.
4. Proprietary Materials. All content available through the Site,
including designs, text, graphics, pictures, video, information,
applications, software, music, sound, and other files, and their
selection and arrangement ("Site Content") are protected
by copyrights, trademarks, service marks, patents, trade secrets,
or other proprietary rights and laws. You hereby agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit, or create derivative
works from such content or materials.
5. Disclaimer of Warranty. The Site is provided “as is”,
with all faults and without warranty of any kind. DENVER CRUISERS,
LLC HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, EITHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY,
OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT,
AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DENVER CRUISERS, LLC
DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE
CONTENT IS ACCURATE, RELIABLE, OR CORRECT OR THAT IT WILL MEET
YOUR NEEDS OR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. You assume the entire risk as to the quality, results,
and performance of the Site as well as the entire risk and cost
of all service, repair, or correction. No oral or written information,
advice, suggestions, or recommendations given by Denver Cruisers,
LLC, its representatives, dealers, distributors, agents, or employees
shall create a warranty or in any way increase the scope of this
Agreement and you may not rely on any such information, advice,
suggestions, or recommendations. Some jurisdictions do not allow
the exclusion or limitation of certain warranties or consumer rights
so some exclusions and limitations may not apply to you.
6. Limitation of Liability. You hereby agree that Denver Cruisers,
LLC, its subsidiaries, affiliates, and assigns, and each of their
directors, officers, agents, contractors, partners, and employees,
shall not be liable to you or any third party for any indirect,
special, consequential, or incidental damages including but not
limited to damages for loss of profits, business interruption,
loss of business opportunity, loss of data, or any other hardship,
damages, or losses arising out of or related to: the use or inability
to use the Site, however caused; unauthorized or accidental access
to or alteration of data; statements or conduct of any third party;
or any matter relating to the use of the Site; and even if Denver
Cruisers, LLC has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of
certain remedies or damages so some exclusions and limitations
may not apply to you.
7. Severability. If any provision of this Agreement is held to
be ineffective, unenforceable, or illegal for any reason, Denver
Cruisers, LLC may reform such provision to the extent necessary
to make it effective, enforceable, and legal or such provision
shall be deemed severed and in either case this Agreement with
such provision reformed or severed shall remain in full force and
effect to the fullest extent permitted by law.
8. Controlling Law and Controversies. This Agreement shall be governed
by the laws of the State of Colorado and of the United States.
Any dispute related to this Agreement which cannot be resolved
through negotiation will be settled through mediation administered
by a mutually agreed upon mediator in Denver, Colorado under the
Commercial Mediation Procedures of the American Arbitration Association.
If mediation fails to resolve the dispute, you agree that the dispute
shall be settled through arbitration administered by one mutually
agreed upon arbitrator in Denver, Colorado under the Commercial
Arbitration Rules of the American Arbitration Association.
9. Entire Agreement. This Agreement constitutes the entire agreement
between Denver Cruisers, LLC and the User relating to the subject
matter hereof and supersedes all prior understandings, promises,
and undertakings, if any, made orally, in writing, or otherwise
with respect to the subject matter hereof. No modification, amendment,
waiver, termination, or discharge of any portion of this Agreement
shall be binding unless executed and confirmed in writing by Denver
Cruisers, LLC. End
User Terms and Conditions
1. Ownership. This Site and associated materials are the
property of Denver Cruisers, LLC. By using this Site,
you are agreeing only
to a non-exclusive, nontransferable license to use, according
to the terms of this Agreement, the Site. Denver Cruisers,
LLC reserves
and retains all right, title, and interest (including but not
limited to copyrights, patents, trademarks, and service
marks and other
intellectual property rights) in and to the Site.
2. Use. The copying, reproduction, duplication, translation,
reverse engineering, adaptation, decompilation, disassembly,
reverse assembly,
modification, or alteration of the Site or any portion thereof
is expressly prohibited without the prior written consent of
Denver Cruisers, LLC.
3. Identifying Information. You hereby represent and warrant
that any and all information provided by you to Denver Cruisers,
LLC
shall be complete, true, accurate, and current. You hereby guarantee
that you are authorized to provide such information and that
you have read and agreed to the terms of the Privacy Policy included
in this Agreement and associated with this Site.
4. Third Party Sites and Content. The Site may contain (or may
send you through or to) links to other websites ("Third Party
Sites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating
from third parties ("Third Party Content"). Denver Cruisers,
LLC does not check such Third Party Sites and Third Party Content
for accuracy, appropriateness, or completeness and Denver Cruisers,
LLC is not responsible for any Third Party Sites accessed through
use of the Site or for any Third Party Content posted on, available
through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third Party Sites or the Third
Party Content. Inclusion of, linking to, or permitting the use
or installation of any Third Party Site or any Third Party Content
does not imply approval or endorsement thereof by Denver Cruisers,
LLC.Privacy Policy
Denver Cruisers, LLC institutes the terms of this privacy policy
(“Privacy Policy”) to ensure that Users’ personally
identifiable information (“PII”) is maintained in a
safe, secure, and responsible manner. The following describes how
Denver Cruisers, LLC collects, uses, and shares the PII obtained
from and about individuals who use the Site. This policy does not
apply to information that Denver Cruisers, LLC may collect outside
the use of the Site, such as over the phone, by fax, or through
conventional mail.
1. Information Collected. The only PII collected from you has
been voluntarily submitted and provided to Denver Cruisers, LLC
through
your use of the Site. The types of information that Denver Cruisers,
LLC may collect include but are not limited to: name, email address,
contact information, and comments submitted.
2. Denver Cruisers, LLC Rights.
(a) Denver Cruisers, LLC reserves the right to use “cookies” to
personalize the online experience.
(b) Denver Cruisers, LLC reserves the right to share PII with
affiliated companies and third parties. You can request that
your PII not
be shared with independent third parties by making a request
in writing to the address listed below.
(c) Denver Cruisers, LLC reserves the right to disclose PII if
required to do so by law or under the belief that such action
is necessary to (a) comply with the law or with a legal process,
(b)
protect against misuse or unauthorized use of the Site, (c) enforce
the terms of this Agreement, or (d) protect the personal safety
or property of other users, the public, or Denver Cruisers, LLC
employees.
3. Third Party Web Sites. This Privacy Policy applies only to
the Site and not to the websites of partners, affiliates, or
third
parties. You may be required to accept additional policies prior
to your use of links accessed through the Site. Denver Cruisers,
LLC is not responsible for the privacy policies of Third Party
Sites.
4. Access and Corrections to PII and Opting Out of Further
Communications. Use the contact information below to request:
(a) Corrections or updates of any PII in Denver Cruisers, LLC’s
database that you believe to be erroneous;
(b) An opt-out of future communications from Denver Cruisers,
LLC; or
(c) Denver Cruisers, LLC to make reasonable efforts to remove
PII from its online database. You acknowledge and accept that
it may
be impossible to delete personal information entirely because
of backups and records of deletions.
(d) You may access or correct your PII or opt out of further
communications by writing to:
Denver Cruisers, LLC
722 West 6th Avenue
Denver, CO 80204
5. Changes in Corporate Structure. If all or part of Denver Cruisers,
LLC is sold, merged, or otherwise transferred to another entity,
the PII provided through use of the Site may be transferred as
part of that transaction or process.
6. Contact. If you have any questions regarding
this Privacy Policy, please contact:
Denver
Cruisers, LLC
722 West 6th Avenue
Denver, CO 80204 |
