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CULEDGER TERMS AND CONDITIONS OF USE

AGREEMENT BETWEEN USER AND CULEDGER

The "CULedger Web Site" is comprised of various Web pages owned and operated by CULedger.

The CULedger Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms and Conditions of Use ("Terms of Use") and the related Privacy Policy. Please read carefully through all sections of the Terms of Use and the Privacy Policy and all applicable laws. Your access and/or use of the CULedger Web Site, or submission of contact information to request additional information from CULedger, constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

CULedger reserves the right to change the terms, conditions, and notices under which the CULedger Web Site is offered, including but not limited to the charges associated with the use of the CULedger Web Site, at any time and without notice to you. Please review the posted Terms of Use and Privacy Policy on a regular basis as your access and use of the CULedger Web Site will be governed by the then-current Terms of Use and Privacy Policy.

ACCESS TO CERTAIN MATERIALS ON THE SITE

You must be eighteen (18) years of age or older to use the CULedger Web Site. You may not use the CULedger Web Site and should not submit any contact information to the CULedger Web Site if you are less than eighteen (18) years of age.

You will be required to provide certain information such as your full name, company affiliation, your email address and telephone number ("Identifying Information") with the CULedger Web Site in order to access certain materials such as White Papers and other materials on the CULedger Web Site or sign up for text updates.

By providing Identifying Information on the CULedger Web Site, you represent and warrant that you are a real person and that all information provided by you is true and accurate to the best of your knowledge. You agree not to submit false information, including but not limited to a false name, e-mail address, postal or delivery address, mobile phone number, or payment information when registering with and/or using the CULedger Web Site. By providing Identifying Information on the CULedger Web Site, you consent to receive periodic communication from CULedger by e-mail, text message, or other methods regarding CULedger products and services. For more information on how CU Ledger may use the Identifying Information you provide, please see the Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

The CULedger Web Site and available content or materials on the Web Site are the property of CULedger, or its licensors, and is protected by copyright, trademark and other intellectual property laws. You may not use the CULedger Web Site or any content or materials thereon in any manner or purpose that would constitute infringement of CULedger's or its licensors' intellectual property rights.

LINKS TO THIRD PARTY SITES

The CULedger Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of CULedger and CULedger is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CULedger is not responsible for webcasting or any other form of transmission received from any Linked Site. CULedger is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CULedger of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the CULedger Web Site, you warrant to CULedger that you will not use the CULedger Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CULedger Web Site in any manner which could damage, disable, overburden, or impair the CULedger Web Site or interfere with any other party's use and enjoyment of the CULedger Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CULedger Web Sites.

The following activities are expressly prohibited from the CULedger Web Site:

  • Using to submitting any offensive content, including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, or defamatory statements.
  • Engaging in activity that compromises the CULedger Web Site. Such activity may include, but is not limited to, hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, data mining, and mail bombing or crashing.
  • Engaging in any activity designed to impede the use of the CULedger Web Site by other users, including overloading and flooding.
  • Framing or deep linking into the CULedger Web Site.
  • Accessing the CULedger Web Site by means of an automated process, spiders, bots, or similar device.

USE OF COMMUNICATION SERVICES

The CULedger Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

CULedger has no obligation to monitor the Communication Services. However, CULedger reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CULedger reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

CULedger reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CULedger's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CULedger does not control or endorse the content, messages or information found in any Communication Service and, therefore, CULedger specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CULedger spokespersons, and their views do not necessarily reflect those of CU Ledger.

MATERIALS PROVIDED TO CULEDGER OR POSTED ON THE CULEDGER WEB SITE

CULedger does not claim ownership of the materials you provide to CULedger (including feedback and suggestions) or post, upload, input or submit to the CULedger Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CULedger, its affiliated companies and necessary sublicensees' permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. CULedger is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CULedger's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

WARRANTY/LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CULEDGER WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CULEDGER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CULEDGER WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE CULEDGER WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CULEDGER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CULEDGER WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CULEDGER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

CULEDGER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE CULEDGER WEB SITE, AND CONTENT OR IMAGES SUBMITTED OR POSTED ON THE CULEDGER WEB SITE IN TERMS OF ITS OWNERSHIP, VALIDITY, CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE, INCLUDING CONTENT AND IMAGES POSTED BY USERS OF THE CULEDGER WEB SITE.

BY PROVIDING SERVICES ON THE CULEDGER WEB SITE, CULEDGER DOES NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. CULEDGER IS ENTITLED TO TERMINATE ALL OR ANY PART OF THE CULEDGER WEB SITE AT ANY TIME IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CULEDGER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CULEDGER WEB SITE, WITH THE DELAY OR INABILITY TO USE THE CULEDGER WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CULEDGER WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CULEDGER WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CULEDGER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

CULEDGER SHALL HAVE NO LIABILITY TO YOU FOR THE SERVICES PROVIDED BY A THIRD PARTY PROVIDER, AND YOU WAIVE ALL CLAIMS AGAINST CULEDGER FOR THE ACTIONS OR INACTIONS OF ANY THIRD PARTY PROVIDER THAT YOU ENGAGE THROUGH THE CULEDGER WEB SITE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CULEDGER WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CU Ledger WEB SITE.

SERVICE CONTACT : info@culedger.com

TERMINATION/ACCESS RESTRICTION

CULedger reserves the right, in its sole discretion, to terminate your access to the CULedger Web Site and the related services or any portion thereof at any time, without notice. You agree that any breach of these Terms of Use may result in the immediate termination of your account and/or give rise to civil action against you. The disclaimers herein and all restrictions on you regarding information obtained from the CULedger Web Site shall survive any cancellation or termination of your right to use the CULedger Web Site.

USER INDEMNIFICATION

You agree to indemnify CULedger and its affiliates, employees, agents, representatives, and third party service providers, and defend and hold each of them harmless from any and all claims, demands, actions, liability, fines, penalties, and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through your use of the CULedger Web Site. Such acts may include, but are not limited to, unauthorized or illegal use of CULedger's or a third-party's intellectual property rights, your acts when using the CULedger Web Site and related services violating any laws, or breach of the Terms of Use.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware, U.S.A. in all disputes arising out of or relating to the use of the CULedger Web Site. Use of the CULedger Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CULedger as a result of this agreement or use of the CULedger Web Site. CULedger's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CULedger's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CULedger Web Site or information provided to or gathered by CULedger with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CULedger with respect to the CULedger Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CULedger with respect to the CULedger Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the CULedger Web Site are: Copyright 2018 by CULedger, LLC and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

CONTACT US

For inquiries in to the Terms of Use or the Privacy Policy, or to remove or change your contact information in our database, or to not receive future mailings or other communications, as well as for all other inquiries, please contact us at any time using one or more of the options below:

  1. Email webmaster at info@culedger.com
  2. Contact us at CULedger, LLC, 1009 Grant Street, Denver, CO 80203

Revised 11/19/18