Terms of Use

Last Modified: November 3, 2016

 

The following terms and conditions (collectively, the “Terms of Use”) apply to your use of www.lookbeyond.org (the “Site”) which is owned and operated by LookBeyond.org,” “we,” or “us”). By accessing the Site in any manner, you accept and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, do not use the Site.

 

1. Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

2. Ownership. The Site and all graphics, text, images, data and audio files, videos, designs, advertising copy, software (including source and object code), and other materials you may view on, access through, or are otherwise related to the Site (collectively, the “Content”) are owned by us or our licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of ours and our licensors. You may not modify or delete any copyright, trademark, or other proprietary rights notices that appear in the Content.

 

3. Scope of Use and Restrictions. Subject to these Terms of Use, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Site for your own personal, non-commercial purposes. Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed, reused or modified for any purpose, without our express written permission. You agree not to:

• “harvest” (or collect) information from the Site using an automated software tool or manually on a mass basis;

• use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site;

• obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;

• “flood” the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems;

• restrict or inhibit other users from accessing or using the Site; or

• access or use the Site for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

 

4. Account Registration and Security. Access to and use of certain areas of the Site may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your account. You agree to immediately notify us of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

 

5. Feedback. You agree that any ideas, suggestions, documents, know-how, techniques, and/or proposals you convey, offer or transmit to us (“Feedback”) shall be deemed to be non-confidential and non-proprietary, and we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. If you provide Feedback to us through the Site or in response to solicitations on the Site, you automatically assign to us all right, title and interest in and to your Feedback. You acknowledge that your Feedback shall be deemed and shall remain our property, and you agree that we are entitled to unrestricted use of your Feedback for any purpose whatsoever (commercial or otherwise) without compensation to you, including, without limitation, its publication or placement on the Site.

 

6. Privacy Policy. You acknowledge and agree that all information collected on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions we take with respect to your information in compliance with the Privacy Policy.

 

7. Links to Other Websites. The Site may contain links to other websites operated by third parties. Such links are provided for your convenience only, and if you access any other websites linked to the Site you do so at your own risk. We are not responsible for the content of any such websites, or the products and services sold on them, nor are we responsible or liable for any loss or damage that may arise from your use of such websites. When you visit a linked website you should read the terms and conditions and privacy policy that govern that particular website. Links to other websites do not imply our endorsement of any content, advertising, products, services, or other materials on or available through such websites.

 

8. Changes; Suspension and Termination.

 

8.1. Changes to the Site. We reserve the right to make changes to, suspend or discontinue (temporarily or permanently) the Site or any portion thereof at any time. You agree that we will not be liable to you or to any third party for any such change, suspension, or discontinuance.

 

8.2. Suspension/Termination of Access. We have the right to deny access to, and to suspend or terminate your access to, the Site or to any features or portions of the Site, at any time and for any reason, including if you violate these Terms of Use. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

 

9. Disclaimers; Limitation of Liability.

 

9.1. Disclaimer of Warranties. THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER WE NOR ANY PERSON ASSOCIATED WITH THE SITE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH THE SITE WARRANTS THAT THE SITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

9.2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITE AND ANY CONTENT IS AT YOUR SOLE RISK.

 

10. Indemnification. You agree to indemnify, defend, and hold us and our officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site and/or any Content or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Site and/or these Terms of Use.

 

11. General Terms.

 

11.1. Geographic Restrictions. This Site is provided for residents of the U.S. We make no claims that the Site or the Content are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

11.2. Governing Law; Jurisdiction and Venue. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Site (including any Content) shall be instituted exclusively in the federal or state courts located in Denver, Colorado. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

11.3. 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 (INCLUDING ANY CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

11.4. Waiver of Jury Trial. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE (INCLUDING ANY CONTENT).

 

11.5. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

 

11.6. Entire Agreement; No Third-Party Beneficiaries. These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries.

 

12. Contact Us. If you have any questions about the Site or these Terms of Use, you may email us at Contact@LookBeyond.org or contact us using our online Contact Form.