Terms and
Conditions
Your use of the Colorado Restaurant Menus (CRM)
website is conditioned on your acceptance without modification of the
terms and conditions contained herein. Your access and use of the CRM
website shall be deemed to indicate your acceptance of all such terms and
conditions.
PROPRIETARY RIGHTS NOTICES All contents of the CRM
website are: Copyright © 2003-2004 Best in Colorado Group (BCG) and/or
Independent Providers of Content ("ICPs"). All rights reserved.
CONTENT You acknowledge that: (i) The CRM website contains (or may contain
in the future) information, communications, software, photos, video,
graphics, music, sounds, and other material and services (collectively
"Content"); (ii) Such Content is provided under license by ICPs, other
users, BCG and its affiliates; (iii) At minimum, BCG owns a copyright in
the selection, coordination, arrangement, and enhancement of such Content;
(iv) BCG permits access to Content that is protected by copyrights,
trademarks, and other intellectual and proprietary rights ("Rights"); (v)
These Rights are valid and protected in all media and technologies
existing now or later developed; and (vi) Except as explicitly provided
otherwise, this Agreement, applicable copyright and other laws govern your
use of Content.
Each user must evaluate, and bear the risk associated with any reliance on
the accuracy, completeness or usefulness of any Content. BCG has the
right, but not the responsibility, to remove Content that they deem
harmful, offensive or otherwise in violation of this Agreement.
Accordingly, you acknowledge that neither BCG, CRM, its affiliates, nor
any ICP shall assume or have any liability for any action or inaction by
BCG or its affiliates, or any ICP, with respect to Content on, or Content
changes within, CRM website. You also agree and accept that as new
products become available on or through CRM website, your use of these
products is subject to this Agreement.
USE OF INFORMATION You agree to use the CRM website only for personal,
non-commercial, lawful purposes. Accordingly, you may not: (1) post,
transmit, or promote any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or
otherwise objectionable Content; (2) harass, threaten, embarrass, or cause
distress, unwanted attention or discomfort upon another user of the CRM
website or other person or entity; (3) post, transmit, promote, link, or
facilitate the distribution of sexually explicit or other Content which is
deemed by BCG to be offensive; (4) Upload files that contain software or
other material protected by Intellectual Property laws or other applicable
laws unless the user owns or controls the rights thereto or has received
all necessary consents; (5) Upload files that contain corrupted files,
viruses or any other similar software files the intent of which is to
damage the operation of another's computer; (6) post or transmit, or cause
to be posted or transmitted, chain letters or pyramid schemes; (7) post or
transmit, or cause to be posted or transmitted, any unsolicited
advertising, promotional materials, or other forms of solicitation to
other users, individuals or entities, except in those areas that are
expressly designated for such a purpose (e.g., the classified areas), or
collect or harvest screen names of other users (8) Falsify the origin or
source of software or other material contained in a file that is uploaded;
(9) violate any operating rule, policy or guideline of any other
interactive service; (10) intentionally or unintentionally violate any
applicable local, state, national, international or foreign law,
including, but not limited to, any rules or regulations having the force
of law; or (11) modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from the CRM
website.
WARRANTY YOU EXPRESSLY AGREE THAT YOUR USE OF THE CRM WEBSITE IS AT YOUR
SOLE RISK. THE CRM WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF
EXCLUSION. IN NO EVENT SHALL BEGIN AND/OR ITS BCG BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE CRM
WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE CRM WEBSITE. BECAUSE
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, BCG'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY
LAW. BCG/CRM WEBSITE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR
SERVICE OFFERED THROUGH THE CRM WEBSITE, EXCEPT AS EXPRESSLY PROVIDED
ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
INDEMNIFICATION User agrees to defend, indemnify and hold harmless BCG/CRM
website, its affiliated companies, its employees, contractors, officers,
directors and ICPs from all liabilities, claims and expenses, including
attorneys fees, that arise from your use of the CRM website. BCG reserves
the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you hereunder. In
such event, you shall have no further obligation to provide
indemnification for such matter.
INFRINGEMENT NOTICE BCG respects the intellectual property of others, and
we ask our members to do the same. BCG may, in appropriate circumstances
and at its discretion, terminate the accounts of users who infringe the
intellectual property rights of others.
©2003-2004 Best in Colorado Group.
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