This web site is owned by andColorado, LLC. We can be reached via e-mail at firstname.lastname@example.org
We respect your privacy and will never share your information with a third party, unless clearly noted otherwise.
For each visitor to our Web page, our Web server automatically recognizes only the consumer’s domain name, but not the e-mail address (where possible). We collect only the domain name, but not the e-mail address of visitors to our Web page, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer, such as survey information and/or site registrations, payment information (e.g., credit card number and billing address).
The information we collect is used to improve the content of our Web page, used to notify consumers about updates to our Web site, used by us to contact consumers for marketing purposes, and is disclosed when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our Website and applicable laws or to protect against misuse or unauthorized use of our Website, to a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change respecting the Website.
If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address. If you supply us with your postal address on-line you will only receive the information for which you provided us your address. Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line.
With respect to Ad Servers: To try and bring you offers that are of interest to you, we have relationships with other companies that we allow to place ads on our Web pages. As a result of your visit to our site, ad server companies may collect information such as your domain type, your IP address and clickstream information.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future, we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically. Customers may prevent their information from being used for purposes other than those for which it was originally collected by e-mailing us at the above address.
Upon request, we provide site visitors with access to a general description of information that we maintain about them. Consumers can access this information by e-mail us at the above address. Consumers can have this information corrected by sending us e-mail at the above address.
With respect to security: When we transfer and receive certain types of sensitive information such as financial information, we redirect visitors to a secure server and will notify visitors through a pop-up screen on our site. We have appropriate security measures in place to protect against the loss, misuse or alteration of information that we have collected from you at our site.
If you feel that this site is not following its stated information policy, you may contact us at the above addresses, or The DMA’s Committee on Ethical Business Practices.
For more important information, please review our Terms of Service below.
Your relationship with andColorado, LLC
1.1 Your use of andColorado’s products, services and websites (collectively referred to as the “Services” in this document and excluding any services provided to you by andColorado under a separate written agreement) is subject to the terms of a legal agreement between you and andColorado. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with andColorado, your agreement with andColoradowill always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms.”
1.3 Your agreement with andColoradowill also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms.” Where Additional Terms apply to a Service, these will be accessible for you to read either within or through your use of that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and andColoradoin relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms.”
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to you by andColoradoin the user interface for any Service; or
(b) by actually using the Services. In this case, you understand and agree that andColoradowill treat your use of the Services as acceptance of the Terms from that point onward.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with andColoradoor (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print or save a local copy of the Universal Terms for your records.
Language of the Terms
3.1 Where andColoradohas provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with andColorado.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
Provision of the Services by andColorado
4.1 andColorado has subsidiaries and affiliated legal entities (Subsidiaries and Affiliates). Sometimes, these companies will be providing the Services to you on behalf of andColoradoitself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 andColorado constantly innovates in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which andColorado provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that andColorado may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at andColorado sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform andColorado when you stop using the Services.
Use of the Services by You
5.1 In order to access certain Services, you may be required to provide information about yourself (such as contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to andColorado will always be accurate, correct and up to date to the best of your knowledge.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by andColorado, unless you have been specifically allowed to do so in a separate agreement with andColorado. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with andColorado, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that andColorado has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which andColorado may suffer) of any such breach.
Passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account that you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to andColorado for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify andColorado immediately via email at feedback at andColorado dot com.
Privacy and your personal information
7.2 You agree to the use of your personal data in accordance with andColorado privacy policies.
Content in the Services
8.1 You understand that all information (such as data files, text, music, audio files, software, photos, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.”
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to andColorado (or by other persons or companies on their behalf). You may not modify, rent, lease, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by andColorado or by the owners of that Content, in a separate written agreement.
8.3 andColorado reserves the right (but shall have no obligation) to screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
8.4 You understand that by using the Services you may be exposed to Content that you may find objectionable, offensive or indecent, and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that andColorado has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which andColorado may suffer) by doing so.
9.1 You acknowledge and agree that andColorado (or andColorado licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by andColorado and that you shall not disclose such information without andColorado prior written consent.
9.2 Unless you have agreed otherwise in writing with andColorado, nothing in the Terms gives you a right to use any of andColorado trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. andColorado is a registered trademark of andColorado.com, LLC.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with andColorado, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms.
9.4 Other than the limited license set forth in Section 11, andColorado acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with andColorado, you agree that you are responsible for protecting and enforcing those rights and that andColorado has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by andColorado, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. andColorado is a registered trademark of andColorado.com, LLC.
EXCLUSION OF WARRANTIES
10.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT andColorado WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE.
10.3 IN PARTICULAR, andColorado, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
10.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM andColorado OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
10.6 andColorado FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
11.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT andColorado ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH andColorado MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE andColorado WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP ANY PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
11.2 THE LIMITATIONS ON andColorado LIABILITY TO YOU IN PARAGRAPH 10.1 ABOVE SHALL APPLY WHETHER OR NOT andColorado HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Copyright and Trademark Policies
12.1 It is andColorado policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
13.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
13.2 The manner, mode and extent of advertising by andColorado on the Services are subject to change without specific notice to you.
14.3 In consideration for andColorado granting you access to and use of the Services, you agree that andColorado may place such advertising on the Services.
15.1 andColorado includes hyperlinks to other websites or content or resources. andColorado may have no control over any websites or resources which are provided by companies or persons other than andColorado.
15.2 You acknowledge and agree that andColorado is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
15.3 You acknowledge and agree that andColorado is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
Changes to the Terms
16.1 andColorado may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, andColorado will make a new copy of the Universal Terms available here and any new Additional Terms will be made available to you from within, or through, the affected Services.
16.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, andColorado will treat your use as acceptance of the updated Universal Terms or Additional Terms.
General legal terms
17.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
17.2 The Terms constitute the whole legal agreement between you and andColorado and govern your use of the Services (but excluding any services which andColorado may provide to you under a separate written agreement), and completely replace any prior agreements between you and andColorado in relation to the Services.
17.3 You agree that andColorado may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
17.4 You agree that if andColorado does not exercise or enforce any legal right or remedy which is contained in the Terms (or which andColorado has the benefit of under any applicable law), this will not be taken to be a formal waiver of andColorado rights and that those rights or remedies will still be available to andColorado.
17.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
17.6 You acknowledge and agree that each member of the group of companies of which andColorado is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
17.7 The Terms, and your relationship with andColorado under the Terms, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and andColorado agree to submit to the exclusive jurisdiction of the courts located within the county of Walton, Florida to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that andColorado shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.