PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
AspenPointe may revise and update these Terms and Conditions at any time. Your continued usage of the AspenPointe website ("Site") will mean you accept those changes.
The Site Does Not Provide Medical Advice
The contents of the AspenPointe Site, such as text, graphics, images, information obtained from AspenPointe's licensors, and other material contained on the AspenPointe Site ("Content") are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the AspenPointe Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. AspenPointe does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by AspenPointe, AspenPointe employees, others appearing on the Site at the invitation of AspenPointe, or other visitors to the Site is solely at your own risk.
Use of Content
AspenPointe authorizes you to view or download a single copy of the material on the AspenPointe Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2009 AspenPointe. All rights reserved." and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the AspenPointe Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with AspenPointe or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of AspenPointe. All rights not expressly granted herein are reserved to AspenPointe and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of AspenPointe and its Licensors
The use of the AspenPointe Site and the Content is at your own risk.
When using the AspenPointe Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of AspenPointe and its suppliers. Accordingly, AspenPointe assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the AspenPointe Site.
The AspenPointe Site and the content are provided on an "as is" basis. AspenPointe, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, AspenPointe, its licensors, and its suppliers make no representations or warranties about the following:
In no event shall AspenPointe, its licensors, its suppliers, or any third parties mentioned on the AspenPointe Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the AspenPointe Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not AspenPointe, its licensors, its suppliers, or any third parties mentioned on the AspenPointe Site are advised of the possibility of such damages. AspenPointe, its licensors, its suppliers, or any third parties mentioned on the AspenPointe Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. AspenPointe, its licensors, its suppliers, or any third parties mentioned on the AspenPointe Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission, you agree that you will not send or transmit to AspenPointe by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to AspenPointe by email, you agree such submission is nonconfidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to AspenPointe by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-AspenPointe a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. AspenPointe may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to AspenPointe by email. We try to answer every email in a timely manner, but are not always able to do so.
Advertisements, Searches, and Links to Other Sites
AspenPointe may provide links to third-party web sites. AspenPointe also may select certain sites as priority responses to search terms you enter and AspenPointe may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. AspenPointe does not recommend and does not endorse the content on any third-party websites. AspenPointe is not responsible for the content of linked third-party sites, sites framed within the AspenPointe Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. AspenPointe does not endorse any product, service, or treatment advertised on the AspenPointe Site.
You agree to defend, indemnify, and hold AspenPointe, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
AspenPointe is based in Colorado Springs, Colorado. AspenPointe makes no claims that any content within the AspenPointe site is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the AspenPointe site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with AspenPointe, or in any way relating to your use of the AspenPointe Site, resides in the courts of the State of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute including any claim involving AspenPointe or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting AspenPointe's copyright agent (identified below) and providing the following information:
AspenPointe's agent for copyright issues relating to this web site is as follows:
525 N. Cascade Avenue
Colorado Springs, CO 80903
Copyright 2009 AspenPointe
In an effort to protect the rights of copyright owners, AspenPointe maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
© 2009 AspenPointe. All rights reserved.