Last Updated: December 2021
- Minors Under 18 Years of Age
The Sites and Services are intended solely for persons who are 18 years of age or older. If you are under the age of 18, or such higher age as may be required in your country to form a binding contract, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Sites or Services, you represent and warrant that you are of legal age to form a binding contract, typically 18 years of age or older. If you do not meet this requirement, you must not access or use the Sites or Services.
- Use of the Services
Accessing the Sites and Services: You are responsible for both making all arrangements necessary for you to have access to the Sites and Services and ensuring that all persons who access the Sites or Services through your internet connection are aware of these Terms and comply with them.
We reserve the right to withdraw or amend the Sites, Services, and material we provide through the Services or Sites, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Sites or Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of, an entire, or all Sites and/or Services.
Outdated Information: We may update the content of the Sites or our Services from time to time, and the content may not necessarily be complete or up-to-date. Any of the material on the Sites or Services may be out of date at any given time, including but not limited to any pricing, and we are under no obligation to update such material.
Reliance on Information Posted: The information presented on or through the Sites or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information including, but not limited to, information related to pricing, advice or information posted on the blog page, and current job openings. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites or user of the Services, or by anyone who may be informed of any of contents of the Sites or Services.
- Prohibited Conduct
You may use the Sites and Services only for lawful purposes and in accordance with these Terms. The Services are for your personal and noncommercial use. You may not use the Sites or Services, or assist or encourage any other party, to engage in any of the following prohibited activities:
- Any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- To impersonate or attempt to impersonate us, one of our employees, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
- Submitting to the Sites or Services or to us any information that may be protected from disclosure by applicable law;
- Any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- If applicable, avoiding payment of charges or fees payable by you with respect to the Services;
- Collecting, automated or non-automated scraping, or harvesting any information relating to an identified or identifiable individual, including names and information about users of the Sites or Services, from the Sites or Services;
- Bypassing the measures we may use to prevent or restrict access to the Sites or Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Sites or Services or the content therein;
- Accessing the Sites or Services to monitor its availability, performance or functionality;
- Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites or Services, the server on which the Sites or Services are stored, or any server, computer, or database connected to the Sites or Services;
- Attempting to disrupt, degrade, impair or violate the integrity or security of the Sites or Services or the computers, services, applications/accounts or networks of any other party (including, without limitation, hacking, denial-of-service attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of our internet protocol space;
- Using any automated system, including, without limitation, robots, bot, spiders, offline readers, or other automatic device, process, or means to access the Sites or Services for any purpose or to access the Sites or Services in a manner that sends more request messages to us than a human can reasonably produce in the same period of time by using a conventional web browser;
- Accessing any content on the Sites or Services through any technology or means other than those provided or authorized by the Sites and Services;
- Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites’ servers or any data not intended for you; or
- Otherwise attempting to interfere with the proper working of the Sites or Services.
- Intellectual Property
Intellectual Property Rights: The Sites, Services and their entire contents, features, and functionality including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.
Allowable Uses: These Terms permit you to use the Sites and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites or as provided as part of our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- If applicable, you may print one copy of a reasonable number of pages of the Sites or Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
Prohibited Actions: You must not:
- Modify copies of any materials from the Sites or Services.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites or Services.
- Access or use for any commercial purposes any part of the Sites or Services or any services or materials available through the Sites or Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites or Services in breach of these Terms, your right to use the Sites and Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites, Services or any content on the Sites or Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Sites or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks. Our name, trademarks, service marks, logos, designs, and slogans are trademarks of ours or our affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the Sites or Services are the trademarks of their respective owners. You may not use such marks without our, or the respective owner’s, prior written permission.
- Links from the Sites
If the Sites or Services contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in social media links, sponsor or partner links, and advertisements, including banner advertisements, if applicable. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sites or Services, you do so entirely at your own risk and subject to the terms and conditions for such websites.
- Disclaimer of Warranties and Liability
No Guarantee: You understand that we cannot and do not guarantee or warrant that files available for downloading from the Sites or the Services will be free of viruses or other malware. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites and Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Disclaimer of Warranties: YOUR USE OF THE SITES OR SERVICES, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITES, SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES, SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES, SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability: WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON OR COMPANY MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF THE SITES OR SERVICES) ARISING OUT OF OR IN RELATION TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES OR SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY THIRD PARTY’S USE OF THE SITES, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SITES OR SERVICES, THE USE OF THE SITES OR SERVICES, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITES OR SERVICES, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR PARENT, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE SITES, THE SERVICES, OR ANY PROGRAM IS TO STOP USING THE SITES AND THE SERVICES AND WITHDRAW FROM ANY PROGRAM IN WHICH YOU ARE ENROLLED. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR PARENT, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY US OR ANY OTHER PERSON OR COMPANY REGARDING COMMUNICATION OR CONTENT ON THE SITES. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF US, OUR PARENT, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US FOR THE SERVICE OR ONE HUNDRED DOLLARS (USD $100.00).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
By utilizing the Sites or the Services you agree to indemnify and hold us, our parent, subsidiaries, affiliates, officers, directors, employees, and agents harmless from and against any and all liability, losses, costs, fines, penalties, assessments, and expenses, including attorneys’ fees and costs, incurred by us through your use of the Sites or the Services in violation of these Terms including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any termination of the Terms
- Cooperation with Law Enforcement and Government Agencies; Required Disclosures
You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Sites or the Services, but we have the right to do so for the purpose of operating the Sites, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.
You understand and agree that we may disclose your Personal Data if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent, at your expense), or if we believe that such action is necessary to (i) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (ii) to enforce these Terms, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Sites; or, (iii) to exercise or protect the rights, property, or the safety of us, our users, or others.
- Dispute Resolution
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITES, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Other than for the grounds set forth in the section below labeled “Exceptions to Agreement to Arbitrate”, in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof or the access or use of the Sites or Services, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Denver, Colorado, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.
The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.
The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.
Exceptions to Agreement to Arbitrate. You and we agree that we may bypass arbitration and go to court to resolve disputes relating to your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents).
- Class Action Waiver.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
- Waiver of Jury Trial.
Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
- Governing Law, Choice of Venue, and Jurisdiction.
For all legal proceedings arising out of use of the Sites, the Services, and/or relating to these Terms and the relationship between you and us shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of Indiana. To the extent litigation is permitted pursuant to these Terms, you and we hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the City and County of Elkhart, Indiana, or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and we irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
By giving us any contact information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS and by telephone) from us concerning our Services or Sites (collectively, “Communications”). Communications may be those that we are required to send to you by law concerning us, your Personal Data, the Sites, or the Services (“Required Communications”). The Communications may also be those that we send to you for other reasons, such as related to your application or account or your order or purchase. You may change the email or phone number on file for your account by contacting us through a means provided in the “Contact” section of these Terms. You may opt out of receiving all Communications, other than Required Communications, via email by clicking the unsubscribe link at the bottom of the emailed Communication or by replying to the email with your request and a statement that identifies your full name, account number, if any, and email address. However, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.
Our notices to you via email, regular mail, account notices, posts, or links on the Sites or Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- General Provisions
Relationship: You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Sites or Services. These Terms are not intended to confer any third-party beneficiary rights.
Assignment: You may not assign, delegate or otherwise transfer your account or your obligations under these Terms. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third party contractors to fulfill our duties and obligations under these Terms and in connection with the Sites or Services.
- Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them to our Sites here. Your continued use of the Sites or Services following the posting of revised Terms 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.
- Contact Us
If you have questions, comments, or concerns regarding these Terms, please contact us at [email protected].