Effective Date: 01/05/2014
3. Use of the Site
The Site (including, but not limited to, articles, text, images, graphics, photographs, videos, audio, logos, trademarks, service marks, user interface, design, computer code, and the selection, coordination, and arrangement of such content and the underlying software (the “Materials”)) is protected by the intellectual property laws of the United States and other countries. All copyrights in the Site or the Materials are owned by Project PoSSUM or its licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Site, or unless expressly permitted by Project PoSSUM in writing, you may not copy, reproduce, distribute, publish, enter into a database, archive, display, perform, modify, adapt, create derivative works, transmit, translate, use, or in any way exploit the Site, in whole or in part. Any unlawful or unauthorized use of the Site or any Materials is strictly prohibited. Any other intellectual property rights in the Site or the Materials are the sole property of Project PoSSUM or its licensors. Except as expressly provided in these Terms, you are not granted any express or implied rights to the Site, Materials, or any other intellectual property associated with the Site.
The Site is for informational purposes only. Except as expressly set out in these Terms, you are authorized to view the Materials on the Site for personal non-commercial use only.
You may link to the Site, provided that your linking to the Site in no way would lead any visitor to your site to assume that Project PoSSUM or any of Project PoSSUM’s affiliate or partner organization is in any way associated with your website or endorses it. You will not use or access any service, information, application or software available on the Site in any way not expressly permitted by Project PoSSUM, nor will you mirror the Site.
4. Links to Third-Party Content and Websites
Unless expressly stated to the contrary, neither Project PoSSUM nor any of its affiliates or partner organizations makes any endorsement of or representation concerning any such linked websites or content, nor does Project PoSSUM nor any of its affiliates or partner organizations assume any liability in connection with any such websites or content, advertising, products or services available from such websites, your use of such websites, or any dealings you may have, or the consequences of such dealings, with the operators of those websites.
Project PoSSUM expressly reserves the right to delete or modify any link on the Site at any time and for any reason.
5. Submission of Information Requests
You agree to provide accurate, current, and complete information about yourself as requested or directed on the Site, including without limitation via the Reservation or Newsletter forms, and to promptly update this information to maintain its accuracy. You agree that you will not impersonate any other individual, nor will you make any unauthorized, false or fraudulent orders, bookings or requests for services. You are responsible for maintaining the confidentiality of your account information, and you are fully responsible for all activities that occur under your account. You agree to immediately notify Project PoSSUM if you become aware of any unauthorized use of your password or username or any other breach of security.
6. Prohibited Conduct
By using the site, you agree not to:
(i) do anything which will or might damage, interfere with, disrupt access to, interrupt or impair the functionality of the Site or the materials available on the Site, or which imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
(ii) use any device, software, or routine to interfere with the proper working of the Site or any activity conducted on the Site;
(iii) obtain unauthorized access to the Site or any private or member account areas on the Site;
(iv) do, cause or permit anything to be done that may infringe, damage or interfere with any intellectual property rights of Project PoSSUM or any of its affiliates or partner organizations;
(v) decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site;
(vi) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site;
(vii) probe, scan, or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
(viii) do anything which is otherwise unlawful or which may cause any liability for Project PoSSUM or any of its affiliates or partner organizations;
(ix) interfere with the Site in any way, including without limitation by engaging in unauthorized spidering, “scraping,” or harvesting of content, contact or other personal information, using any other unauthorized automated means to compile information, or “flooding,” “spamming,” or “crashing” the Site; or
(x) attempt to do any of the above.
7. Site Access; Account Deletion
Project PoSSUM may in its sole discretion at any time and for any reason without giving you prior notice, take any or all of the following actions: terminate, suspend, or restrict your access to the Site; discontinue any related subscriptions to additional services offered through the Site; and/or terminate any Site account you create. If Project PoSSUM takes any of the above actions and notifies you of such action, you must promptly destroy any content you downloaded or printed from the Site.
8. Reservation of Rights, Warranties, Liability for Losses, Indemnification
Project PoSSUM and any of its affiliates or partner organizations reserve their rights to pursue all remedies available to them under applicable law for any breach of these Terms or inappropriate conduct.
THE SITE AND ALL OF ITS CONTENTS ARE PROVIDED TO YOU ON AN “AS IS” BASIS. PROJECT POSSUM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. PROJECT POSSUM DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROJECT POSSUM AND ITS AFFILIATE OR PARTNER ORGANIZATIONS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (IV) RELATING TO THE TITLE, DESCRIPTION, ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY PROJECT POSSUM, (V) OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY PROJECT POSSUM OR ANY THIRD PARTY, (VI) THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON, AND (VII) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER PROJECT POSSUM OR ANY OF ITS AFFILIATE OR PARTNER ORGANIZATIONS CAN ACCEPT ANY LIABILITY FOR ANY ERROR, OMTHE PROJECT POSSUMION, INTERRUPTION, DEFECT, OR DELAY IN INFORMATION PROVIDED ON THE SITE, OR FOR ANY FAILURE TO UPDATE INFORMATION ON THE SITE. IN NO EVENT SHALL PROJECT POSSUM OR ANY OF ITS AFFILIATE OR PARTNER ORGANIZATIONS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR YOUR ACCESS, USE, MISUSE, LOSS OF USE, DATA OR PROFITS, ANY DELAY OR INABILITY TO USE THE SITE, THE SECURITY OF THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMTHE PROJECT POSSUMION, VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SITE, OR ANY BREACH OF SECURITY BY HACKERS, OR FOR ANY CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF OR ACCESS TO THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE. YOU RELEASE PROJECT POSSUM FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE. In the case of jurisdictions that restrict limitation clauses, this limitation shall be applied to the greatest extent permitted by law. Your access to and use of the Site is at your own risk. If you are dissatisfied with the Site or any of its content, your sole and exclusive remedy is to discontinue using and accessing the Site. You acknowledge that you may be waiving rights with respect to claims that are unknown or unsuspected. Accordingly, you agree to waive the benefit of any law that otherwise might limit your waiver of such claims.
You agree to defend, indemnify, and hold harmless Project PoSSUM, its subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all their successors and assigns with respect to claims, costs (including attorneys’ fees and costs), damages, liability, and expenses or obligations of any kind arising out of or in connection with your access to or misuse of the Site. Project PoSSUM reserves the right to assume the exclusive defense and control of any claim subject to indemnification, and in such case you agree to cooperate with us to defend such claim.
9. Applicable Law and Forum
You warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You agree that the Terms will be governed by and construed in accordance with the laws of Colorado, without regard to the conflict of laws rules of any jurisdiction. You also agree that you will resolve any claim, cause of action or dispute you have with us arising out of or relating to your use of the Site or these Terms exclusively in a court located in Colorado. You agree to submit to the personal jurisdiction of the courts located in Colorado for the purpose of litigating all such claims.
(i) In the event that any provision of these Terms is deemed invalid by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain valid and applicable; (ii) the failure of Project PoSSUM to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches; (iii) you agree that no joint venture, partnership, employment, or agency relationship exists between you and Project PoSSUM as a result of these Terms or your access to and use of the Site; (iv) Project PoSSUM may assign its rights and obligations under the Terms; and (v) the Terms constitute the entire agreement between you and Project PoSSUM.