Terms of Use

Last revised: July 2012

 

PLEASE READ THESE TERMS OF USE CAREFULLY!

 

BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND UNDERSTAND AND AGREE TO ABIDE BY THEM.      

 

The following terms and conditions of use (the “Terms of Use”) govern your use of this website (the “Site”) of the Colorado Real Estate Journal, a Colorado corporation (“CREJ”), and any services contained within the Site.  These Terms of Use include and incorporate CREJ’s Privacy Policy, found at http://www.crej.com/privacy.  If you do not agree to these Terms of Use, please do not use the Site or any services offered on the Site. 

 

CREJ may at any time revise or modify these Terms of Use or impose new conditions for use of the Site.  Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Site.  Any continued use of the Site by you after such changes, revisions or modifications shall be deemed to constitute acceptance of such changes, revisions or modifications to this Site and these Terms of Use.  CREJ may modify its services at any time.

 

By using this Site, you represent that you are at least eighteen (18) years of age and a resident of the United States.

 

  1. 1.          Registration.  In order to use certain features of the Site, you will have to register and create an account (“Account”).  You may not use another’s Account without his/her permission.  We provide the Site solely as an Internet Service Provider, as such term is defined by various laws, including the Digital Millennium Copyright Act of 1998 (“DMCA”) and the Communications Decency Act (“CDA”).  As such, we provide a forum in which you and other third parties may express certain opinions and make certain statements.  This includes any writer of any article or blog posting.  All opinions and statements are made solely by the applicable author and do not constitute the opinion of CREJ.  We do not endorse, approve, sponsor, or even necessarily agree with, any opinion or statement made by any individual who posts content on the Site.  BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY POSTING OR FOR MONITORING THE SITE FOR INAPPROPRIATE OR UNLAWFUL CONTENT.  NOTWITHSTANDING THE FOREGOING, WE RESERVE THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE OR EDIT ANY POSTINGS OR PROHIBIT YOUR ACCESS TO OUR SITE AT ANY TIME IN OUR SOLE DISCRETION.

 

  1. 2.          Intellectual Property Ownership.  Unless otherwise noted, all text, content and documents on the Site, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Site, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Site (collectively “Content”) are owned by CREJ or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws.  As between CREJ and you, all right, title and interest in and to the Content will at all times remain with us and/or its Owners.  With respect to any logos or marks of any persons, entities and/or companies commented upon or submitted by any users of the Site, such use is at the sole responsibility of the providing user and is stored on our servers and/or system solely at the direction of such user, and subject to the protections afforded to us as an online service provider under Section 512(c) and/or 512(d) of the DMCA and Section 230 of the CDA.  

 

  1. 3.          Notice With Regard to Documents on this Site; Restrictions on Use.  CREJ grants you a non-exclusive, limited, personal, non-transferable, revocable, right and license, without right to sublicense, to download and use any Content on the condition that (a) the appropriate copyright notice set forth on the Content and/or otherwise referenced in the Site and a statement that the Content is being reproduced under permission of the Owner and properly attributing the source of such Content appear on such downloaded Content, (b) the use of such Content from this Site is for internal, informational and non-commercial use only, and (c) no public distribution, modifications, translations, and/or derivative works of any Content are made.  Any other use of the Content without CREJ’s prior written consent is expressly prohibited.  The copying, redistribution, modification, use or publication by you of any Content or any part of this Site, except as expressly permitted hereunder, is strictly prohibited and you agree you will not crate derivative works from or commercially exploit the contents of any Content in any way.  You do not acquire ownership rights to any Content viewed through this Site and CREJ’s posting of any Content on this Site does not constitute a waiver of any right in such Materials.  Notwithstanding anything herein to the contrary, CREJ reserves the right to revoke this limited license to use the Content at any time.

 

Notwithstanding anything herein to the contrary, you agree not to frame this Site or take other action that alters the visual presentation of this Site.  You also agree not to link to this Site without prior written approval from CREJ.  Receiving approval to link will grant you only a limited, revocable, non-exclusive, non-transferable license to link to the home page of this Site.

 

  1. 4.          Online Privacy Policy.  Your privacy is important to us.  CREJ’s online Privacy Policy, located at http://www.crej.com/privacy, is incorporated herein by reference and forms a part of these Terms of Use and describes the collection and use of personally identifiable information that may be provided in connection with the use of this Site, which you should read carefully before accessing or using this Site.

 

  1. 5.          Disclaimer and Limitation of Liability.

 

(A)  NO WARRANTIES.  ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.  CREJ MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE.  YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.  USE OF THE SITE AND THE CONTENT AVAILABLE ON THE SITE IS AT YOUR SOLE RISK.  CREJ MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE SITE IS FREE OF VIRUSES.

 

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

 

(B)  LIMITATION OF LIABILITY.  CREJ AND ITS AFFILIATED AND RELATED ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF CREJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS. FURTHER, CREJ SHALL NOT BE LIABLE FOR ANY OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE.

 

  1. 6.          Links to Third Party Sites.  The Site may contain links to websites operated by other parties which are subject to those parties’ terms of use and privacy policies.  The linked sites are not under the control of CREJ, and CREJ is not responsible for the content available on any other Internet sites linked to this website.  Such links do not imply CREJ’s endorsement of material on any other site and CREJ disclaims all liability with regard to your access to such linked websites.  CREJ provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this website is at your own risk.

 

  1. 7.          User Input.  Unless otherwise provided in these Terms of Use, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on the Site, shall be deemed to be non-confidential and CREJ shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.  Further, CREJ shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, without limitation, publication on the Site, or other CREJ publications, and developing, manufacturing, and marketing products using such information.  CREJ shall have no obligation to compensate the contributor of such information in any manner.  Without limiting the foregoing, by posting or submitting content or other information or materials to this Site, you:

 

(A)  grant CREJ and its affiliates and licensees an irrevocable, royalty-free, non-exclusive right and license to use, reproduce, modify, display, transmit, perform, adapt, publish, translate, crate derivative works from and distribute, have distributed, and promote the content in any form, anywhere and for any purpose, in any medium and through any methods of distribution, transmission and display, whether now known or hereafter devised and CREJ reserves the right in its sole discretion to edit or delete any data, information or other content you submit or otherwise appearing on this Site;

 

(B)  warrant and represent that you own or otherwise have absolute right to use and submit the content and that your submission thereof and any public posting or use thereof by CREJ will not infringe or violate the rights of any third party;

 

(C)  shall remain solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene.

 

  1. 8.          Governing Law; Venue for any Proceedings.  The law of the State of Colorado, USA shall govern these terms and conditions, without reference to its choice of law rules.  CREJ makes no representation that the information in the Site is appropriate or available for use in other locations, and access to this Site from territories where the content of this Site may be illegal is prohibited.  Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

 

Any controversy or claim arising under or related to these Terms of Use or CREJ’s products and/or services shall be governed by the laws of the State of Colorado, USA.  All proceedings shall be conducted in the state or federal courts of State of Colorado located in Denver County or of the United States District Court.  You hereby consent to the jurisdiction and venue of such courts. 

 

  1. 9.          Trademarks.  The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are registered and unregistered Trademarks of CREJ or third parties.  Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks.  Unauthorized use of any Trademark may be a violation of federal and state trademark laws.

 

  1. 10.       Indemnification.  You agree to defend, indemnify, and hold harmless CREJ, its officers, directors, employees, members, agents, clients, members and affiliates from and against any claims, actions, demands, liabilities, damages and expenses, including without limitation, attorney’s fees and costs of investigation, arising out of or in connection with your violation of any term of these Terms of Use or otherwise from your use or misuse of this Site.  CREJ reserves the right to participate in such defense and settlement with its own counsel at its own expense.  In no event shall you enter into any settlement that purports to bind CREJ without CREJ’s prior written consent, not to be unreasonably withheld or delayed.  CREJ shall provide you reasonably prompt notice of any such claim and shall reasonably cooperate with you in the defense and/or settlement of such claim at your sole expense.

 

  1. 11.      Miscellaneous.  CREJ’s failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.  If any part of these Terms of Use 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 these Terms of Use shall continue in effect.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

 

  1. 12.      Questions.  Please email us at crej@crej.com with any questions you have about these Terms of Use.

 

 

5629397_1