Creoss Business Solutions Terms of Service
Introduction
Welcome to the Creoss Business Solutions web site (the "Site"). Creoss makes the Site and any services made available from the Site ("Services") available subject to the following terms and conditions of use ("Terms"). Please read the Terms carefully as they contain the legal terms and conditions of an agreement ("Agreement") that you agree to bound by when you access and/or use the Site.
By accessing any page on the Site or using Services, you agree to be bound by the Terms of Section A which contains provisions applicable to all users of the Site, including casual visitors.
For the purposes of this Agreement, "you" means you, the person using the Site. You and any persons that uses the Services, are sometimes referred to in this Agreement as the "User." "Creoss," "we" or "us" means Creoss Business Soltuions. In the case of inconsistencies between these Terms and information on the Site and included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence. To the extent that this Agreement contradicts or is inconsistent with any signed written agreement between you or your company for Services, the terms and conditions of such signed written agreement will always govern and take precedence.
Terms Applicable to All Users of the Site
Availability. Creoss uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Creoss will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of Creoss. You agree that Creoss shall not be liable to you for any modification, suspension or discontinuance of the Site. You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.
Trademarks. All brand, product and service names used on the Site which identify Creoss, Paceline, the Site and any Services are proprietary marks of Creoss. All brand, product and service names used in the Services which identify third parties and their products and services are proprietary marks of such third parties. Nothing on the Site shall be deemed to confer on any person any license or right on the part of Creoss or any third party with respect to any such image, logo or name.
Ownership and Copyright. You acknowledge and agree that the Site and the information contained in it are owned by Creoss and its third party content providers ("Content Providers"), and are protected by U.S. and copyright and other intellectual property laws. You further acknowledge and agree that the Site contains confidential and proprietary data and information of Creoss and its Content Providers, that you will not use this data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to keep such data and information confidential. Each Content Provider is a third party beneficiary under this Agreement to the extent required to enable it to enforce its proprietary rights in the data and the applicable use restrictions in this Agreement. Creoss has the absolute right to terminate your access or exclude you from the Site if you use the Site or Services to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold Creoss harmless for any violation of this provision.
External Links. From time to time Creoss may provide links that will take you to third party web sites. These links are provided for your convenience only. If you decide to access linked web sites you do so at your own risk. Creoss does not endorse or take responsibility for the content on other web sites or the availability of other web sites and you agree that Creoss is not liable for any loss or damage that you may suffer by using other web sites.
Amendment of Terms. We reserve the right to amend any Terms agreed to by you from time to time without notice. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to this Agreement.
Limitation of Liability.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE, INCLUDING ANY SOFTWARE OR OTHER MATERIALS ON THE SITE, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CREOSS OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS,OR ANY THIRD PARTY PROVIDER OF DATA OR INFORMATION, BE LIABLE FOR ANY CONSEQUENTIAL,INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE, LOST PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE SITE, OR YOUR RELIANCE ON ANY ADVICE, INFORMATION, OR CONTENT ON THE SITE OR PROVIDED AS PART OF THE SERVICES, EVEN IF CREOSS OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT CREOSS SHALL HAVE NO LIABILITY FOR ANY USER CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THE SITE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL CREOSS HAS BREACHED THESE TERMS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. THE TOTAL LIABILITY OF CREOSS TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU FOR THE SERVICES IN QUESTION OR ONE HUNDRED DOLLARS (US$100) TOTAL. IT IS THE INTENTION OF BOTH OF US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Disclaimers. YOU ACKNOWLEDGE THAT, AS PART OF THE SERVICES, YOU MAY BE PROVIDED OPINIONS, STATEMENTS, RECOMMENDATIONS, AND INFORMATION FROM THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. CREOSS DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR CREDIBILITY OF ANY SUCH OPINION, STATEMENT, RECOMMENDATION OR OTHER CONTENT CONTAINED IN, UPLOADED TO, OR DISTRIBUTED THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT YOU WILL RELY ON ANY SUCH OPINIONS, STATEMENTS, RECOMMENDATIONS, INFORMATION, AND CONTENT SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED TO YOU AS IS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREOSS AND ITS SUPPLIERS, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE SERVICES, AND ALL INFORMATION DERIVED FROM THE SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALTHOUGH CREOSS INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, CREOSS DOES NOT WARRANT THAT THE SITE, THE SERVICES OR CONTENT CONTAINED IN THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES IS FREE OF ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES WILL END NINETY (90) DAYS AFTER YOU FIRST USE THE SITE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Indemnification. Indemnification. You agree to indemnify and hold Creoss, and its subsidiaries, affiliates, officers, agents, co-branders, other partners, employees and other Users, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content, your use of the Services, your connection to the Services, your violation of these Terms, or your violation of any rights of another.
General.
Applicable Law and Jurisdiction. The parties agree that this Agreement and any claims hereunder shall be governed by and subject to the laws of the state of Colorado, without giving effect to any principles of conflicts of law. In the event that a dispute is required to be litigated, you agree that the proper forum for any and all claims under this Agreement will be the state and federal courts located in Denver County, Colorado, and you agree to submit to the jurisdiction of these courts. The prevailing party in any action will be entitled to recover reasonable expenses, including attorneys' fees. Your use of the Site and Service is subject to all applicable local, state, national and international laws and regulations.
No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and Creoss as a result of this Agreement or use of the Services.
Force Majeure. Creoss will be not liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond Creoss' reasonable control.
Waiver. The failure of Creoss to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Creoss in writing.
Construction. The headings of Sections of this Agreement are for convenience and are not to be used in interpretation.
Entire Agreement. This Agreement constitutes the entire agreement between you and Creoss and governs your use of the Site, superseding any prior agreements between you and Creoss. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.