Access to Site and Applications
You will be able to access our Site without having to register any details with us. You may only access our Applications by downloading them from third-party applications or websites. These Terms are only applicable to the use of our Site and Applications.
Use of Site and Applications
Our Site, Applications, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided and the collection and compilation and assembly thereof are the exclusive property of 108 or our licensors and are protected by U.S. and international copyright laws. Provided that you comply with these Terms, we grant you permission to use the Site and Applications as described herein.
The contents of our Site or Applications may be used for your internal purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden.
Any other trademarks or service marks appearing anywhere on our Site or Applications are the property of their respective owners. To the extent any product name or logo does not appear with a trademark (™ or ®) such absence does not constitute a waiver of any intellectual property rights that 108 or its licensors has established in any of its products, Applications, features, or service names or logos. You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Site or Applications for commercial profit or gain. Nothing in these Terms or on the Site shall be construed as conveying any intellectual property or other proprietary rights to You beyond the limited use rights herein. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on the Site and Applications.
As a condition of your use of the Site and Applications, you will not use the Site or Applications, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Site or Applications are being used, or prohibited by these Terms, conditions, and notices, and you agree to abide by the conditions set forth in the “User Conduct” section. You may not use the Site or Applications, contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site, Applications, or any contents or services. You may not attempt to gain access to any portion of the Site, or any of its contents or services, other than those for which you are authorized.
While we work to ensure the timeliness and accuracy of the Site and Applications, their content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.
We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other sites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We expressly disclaim all warranties regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site or Applications, or the results to be obtained from using the Site or Applications. We make no representation or warranty that the Site, Applications or content is free from defects or viruses or that the Site and/or Applications does not infringe the intellectual property rights of any third party.
While every effort is made to ensure that all content provided on the Site and Mobile Applications does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and you should ensure that you have a complete and current backup of the applicable items on your computer. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site or Applications. While every effort is made to ensure smooth and continuous operation, we do not warrant the Site and/or Applications will operate error free.
Site and Mobile Application Uptime
We take reasonable steps to make our Site and Applications available 24 hours every day, 365 days per year. However, websites and mobile applications do sometimes encounter downtime due to server maintenance and other technical issues. Therefore, we will not be liable if the Site or Applications are unavailable at any time. Our Site and/or Applications may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues but shall not be obliged to do so.
When using our Site and Applications, you shall not post or send to or from either the Site or Application:
- (a)content for which you have not obtained all necessary consents;
- (b)content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site or Applications are being used;
- (c)content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully cooperate with proper requests from law enforcement authorities, court order, or other legal mandate requiring us to disclose the identity or other details or any person posting materials to our Site or Applications.
You shall not use our Site or Applications while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site and Applications only with due regard for your own safety and the safety of others.
Links to and from Third Party Websites and Applications
Any links furnished on our Site or Applications may allow you to leave our Site or Applications. These third party websites and applications are not under our control and we disclaim any responsibility for the contents of such linked websites or any link(s) contained in any such linked website(s) or any changes or updates to any of these websites. We further disclaim any responsibility for any form of transmission received from any linked third party website, application or advertising. We provide these links to you as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the website(s) or applications.
If you would like to link to our Site or Applications, you may only do so on the basis that you link to, but do not replicate, any page of our Site or portions of our Applications, and subject to the following conditions:
- (a)you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
- (b)you do not misrepresent your relationship with us or present any false information about us;
- (c)you do not link from a website that is not owned by you; and
- (d)your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.
If you choose to link our Site or Applications in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.
All information on our Site and Applications is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The documents and any related graphics published on the Site and Applications could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Site and Applications. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or the Applications or reliance on the information from either.
108 DOES NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION DESCRIBED WITHIN OR DERIVED FROM OUR SITE AND/OR APPLICATIONS. THIS DISCLAIMER, IN ADDITION TO THE WARRANTY LIMITATIONS CONTAINED BELOW MEANS THAT THE USERS ARE SOLELY RESPONSIBLE FOR THEIR USE OF ANY INFORMATION HEREIN AND THEY CANNOT SEEK ANY REDRESS AT ANY TIME FROM 108.
THE SITE AND APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE OR THE APPLICATIONS, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.
Limitation of Liability
YOUR USE OF OUR SITE AND APPLICATIONS IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS OR APPLICATIONS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE OR APPLICATIONS, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, 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 use of and access to the Site and/or Applications or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.
We make no representations that the content or the Site or the Applications are appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site or Applications from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the website.
Our Site and Applications are controlled in the State of Colorado, United States of America. The Site and Applications, and their contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of Colorado and applicable United States federal laws, without regard for Colorado conflicts of law rules. Use of our Site and Applications constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.
Our Site and Applications are subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site or through our Applications, as may be required.
These Terms, together with the Privacy Statement, any legal notices published by us on the Site or Applications, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Site and Applications. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR APPLICATIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Our Contact Information
14050 Cortez Court
Colorado, United States