We may occasionally change these Terms, so we encourage you to review the Terms periodically. The most current version of the Terms (along with their effective date) will be linked from the Website. If you continue to use the Website after we change the Terms, you accept all changes.
3. Intellectual Property
The information, data, designs, code, materials and other content on the Website (“Content”) are, except as otherwise indicated, the property of Parallel Path and are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.
Subject to these Terms, you may access and use the Website only for your own personal, non- commercial use. We reserve all other rights to the Website and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Website or Content without our permission. You may not transfer or sublicense this limited right to use the Website. You must obtain our written permission for commercial use of the Content or the Website. If you wish to license Content from the Website, please contact us.
4. Legal Complaints
Parallel Path respects intellectual property rights. If you believe that Content on the Website infringes your copyright or you have another complaint, please send us a notice using the following contact information:
- Parallel Path Corporation
- Attn: Wendy Devine, DMCA Agent
- 4688 Broadway St.
- Boulder, Colorado 80304
- Email: firstname.lastname@example.org
- Telephone: 303-396-1111
If your complaint alleges copyright infringement, your notice must include the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party; a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. We will further take reasonable steps promptly to notify the user posting such content that we have removed or disabled access to the allegedly infringing material and will expeditiously respond to any counter-notification alleging that such removal was mistaken or otherwise improper. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Certain areas of the Website may allow users to submit replies or comments ( “Comments”) to or through the Website. When you provide Comments, you grant to Parallel Path the right to publish such Comments on the Website, to edit, revise or remove such Comments, and to use such Comments for promotional and other purposes without your further consent or permission. You represent and warrant that you have all rights necessary to grant to Parallel Path the rights in this paragraph.
In order to maintain reasonable community standards for the Website, the following rules apply to all Comments:
- Do not post threatening, harassing, defamatory, or libelous material.
- Do not intentionally make false or misleading statements.
- Do not offer to sell or buy any product or service.
- Do not post material that infringes the rights of any party, including without limitation copyrights or trademark rights.
- Do not post information that is confidential, sensitive or illegal.
- Keep all Comments relevant to the particular topic or blog post where the Comment is posted.
We may revise, refuse or remove a Comment without notice to you. However, we have no obligation to monitor Comments and you agree that you are solely responsible for your Comments and Parallel Path will not be liable for Comments or any loss or damage resulting from Comments.
6. Third-Party Content
7. Acceptable Use
The Website has been designed to present the Content in a unique format and appearance. Unless we give you permission, you agree not to access the Content using any interface other than the Website. We may deny permission to link to the Website or the Content for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.
8. Site Access; Account Deletion
We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:
- Restrict or terminate access to the Website;
- Change or discontinue the Website or any Content;
- Deactivate accounts and delete all related Comments, information and files in such accounts;
We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms.
If you do not agree to these Terms, you should immediately stop using the Website. Any Comments you made while using the Website will continue to be governed by Section 6 of these Terms.
Sections 5 and 9-12 of these Terms will survive any termination of your access to the Website, whether we terminate your access or you voluntarily discontinue your use.
You will defend, indemnify, and hold harmless Parallel Path, its subsidiaries and affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the “Parallel Path Parties”) with respect to all claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Website (including, without limitation, claims arising from Comments). Parallel Path retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 9 without Parallel Path’s prior written approval.
10. Disclaimers; Limitation of Liability
THE PARALLEL PATH PARTIES DO NOT WARRANT: (1) THAT THE WEBSITE, ANY OF THE WEBSITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE WEBSITE OR THE SERVERS HOSTING IT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE WEBSITE OR INFORMATION AVAILABLE THROUGH THE WEBSITE WILL CONTINUE TO BE AVAILABLE. THE PARALLEL PATH PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
THE PARALLEL PATH PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE WEBSITE OR YOUR COMMENTS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE PARALLEL PATH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT).
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. Governing Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to your use of the Website will be governed by and construed in accordance with the laws of the State of Colorado, except Colorado’s conflict of law rules.
With respect to any disputes or claims in connection with the Website or the Content, you agree to exclusive jurisdiction in the state and federal courts in Denver, Colorado. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, YOU MUST FILE ANY CLAIM OR ACTION RELATED TO USE OF THE WEBSITE OR THESE TERMS WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR ACTION ACCRUED. Otherwise, you will be deemed to have waived the claim or action.
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Website, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.