Effective: October 23, 2020
Authorized Use. Use of the Site is for informational purposes only. Aspenware is not responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics or any other materials (collectively, the “Content”) transmitted or made available via the Site. Aspenware is not responsible or liable for any decisions made in reliance on such information. Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Aspenware to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by Aspenware, or (vii) for any use other than the purpose for which it was intended, is prohibited.
Site Content. All content accessible within the Site (including without limitation, the “look and feel” of the Site, all text, formatting, graphics, designs, animation, images, audio, and other content, as well as all trademarks and service marks) is proprietary to us or to other parties who have consented to our use of it in accordance with applicable law, including applicable international treaties. You may not (i) copy, reproduce, transmit, alter, publish, distribute, or create derivative works from the Site content; (ii) frame or deep-link to the Site; or (iii) use meta tags or any other hidden text utilizing our or our content providers’ trademarks or service marks on or in connection with another domain name or Site. The only exception to this is that you may print out a copy of pages solely for your personal use. In so doing, you agree that you will not remove or alter any copyright, trademark or any other proprietary notice or legend appearing in any of the Site content.
Disclaimer. Aspenware makes no representation or warranties, express or implied, with respect to the accuracy or completeness of the content, information, graphics, text, links, or other material contained on this Site and is not responsible for any errors or omissions in the content of this Site. To the extent permitted by applicable law, everything on the Site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, habitability, or non-infringement. You acknowledge that any reliance upon the Site or the information, material, systems, services or products contained or discussed therein shall be at your sole risk. To the extent permitted by applicable law, in no event will any Indemnified Party be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data, whether brought in contract or tort, arising out of or connected with the Site or the use or reliance upon, any of the content or any information accessed from the Site. In no event will the collective liability of the company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed one thousand dollars ($1,000). Additional disclaimers may appear from time to time within the body of the Site and are incorporated herein by reference.
Governing Law. If you use the Site and a dispute results relating to your use, the dispute will be governed by the laws of the State of Colorado, without regard to its conflict of law provisions. If you take legal action relating to these Terms, you agree to file such action only in state court in Denver, Colorado, or federal court within the U.S. District Court for the District of Colorado, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
Definitions. When we say “we” or “us” or “Aspenware” in these Terms, we mean Aspenware Internet Solutions, Inc., our affiliates and those agents we use to provide services on our behalf. When we say “Site”, we mean www.aspenware.com and all other websites developed, owned or maintained by Aspenware and its affiliates.