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Denver High-Rise Living, LLC Terms and Conditions of Use

Last Updated: July 1, 2018

These “Terms and Conditions” apply to all of our sites.

By using the denverhighriseliving.com site (the “Site” and the information and services provided thereon, the “Services”), you agree that you have read and you understand, and consent to the following Terms and Conditions of Use and our Privacy Policy, in their entirety including any updates that may be posted on the Site from time to time. The Privacy Policy is incorporated by reference in these Terms and Conditions. If you do not agree to these agreements and policies do NOT use any Site services or applications, including but not limited to the Site. Site reserves the right to revise this Terms and Conditions, at its sole and absolute discretion, by updating this posting. If changes are material, we will post a banner and a link on our main homepage at Site notifying you of the material change. The revised terms will take effect the date they are posted on the Site. Your continued use of the Site constitutes your agreement to follow and be bound by these Terms and Conditions. Please review these posted terms on a regular basis.

If you need any assistance with the Site, please contact Customer Service via email at info@denverhighriseliving.com.

PLEASE NOTE THAT THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS AGREEMENT.

Site Contents

Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by the Company or its subsidiaries and affiliates.

Comments, Feedback and Other Submissions

We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Denver High-Rise Living, LLC (the “Company”) using this Site or otherwise (collectively, “Contents”) are not confidential and will become and remain the Company’s property. The disclosure, submission or offer of any Comments will constitute an assignment to the Company of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

The Contents are intended solely for your personal, noncommercial use. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

Links to Other Websites and Services

This Site may include links to other Internet sites maintained by third parties (“Linked Sites”). the Company provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by the Company of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Site. Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site.

Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH THE COMPANY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER THE COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. THE COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF THE COMPANY'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS.

Indemnification

You agree to indemnify and hold the Company, its affiliates and their respective parents, subsidiaries officers, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising in any way out of: (a) your participation in the Site, (b) any violation of this Terms and Conditions by you, (c) the violation, infringement or misappropriation by you, or another using your account, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (d) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your postings or other communications.

Terms and Conditions, Notices, Revisions, Arbitration

If you choose to visit Site, your visit and any dispute over the terms and conditions of the Site or your purchase of products through the Site is subject to these Terms and Conditions and our Privacy Policy, including limitations on damages, resolution of disputes, and application of the law of the state of Colorado. Our business changes constantly, and our Privacy Policy and the Terms of Conditions will change also. We will post a banner and a link on our main homepage at Site notifying you of material change to these Terms and Conditions, so please check the Site frequently for such recent changes. Unless stated otherwise, our current Terms and Conditions apply to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Except where prohibited, by visiting and using Site, you agree that any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of these Terms and Conditions shall be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in Denver, Colorado, and  shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.   

Claims shall be heard by a single arbitrator. The place of arbitration shall be Denver, Colorado. The arbitration shall be governed by the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules of the State of Colorado or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days.  The Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorney fees.  Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness.  In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award.  Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

Non-Waiver

The failure of Site to insist upon performance of any of the terms and conditions of this Terms and Conditions, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Terms and Conditions, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Terms and Conditions. Any waiver must in writing and signed by Site.

The failure of Site to comply with these Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of the Company, shall not be deemed a breach of these Terms and Conditions.

Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent

Denver High-Rise Living, LLC

10343 Federal Blvd, #J194

Westminster, CO 80260

Additional Legal Terms.

Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
Notices You may contact us at info@denverhighriseliving.com. Or via mail or courier at: Denver High-Rise Living, LLC, ATTN: Legal Department, 10343 Federal Blvd, #J194, Westminster, CO 80260, USA.
Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and the Company regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or receive certain the Company services.
Amendments to This Agreement We reserve the right to modify, supplement, or replace the terms of this Agreement. We will notify you of any material changes to the Agreement before they take effect so that you can decide whether to continue using the Services. If you do not want to agree to changes to this Agreement before the changes take effect, you can terminate this Agreement at any time.
Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any other purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, the Company for any third party that assumes our rights and obligations under this Agreement.
Alpha and Beta Testing The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or pre-release form) that we may conduct (“Testing”). Except to the extent otherwise provided in another agreement between you and the Company, your participation in any Testing and use of any content, information, or other materials in connection with such Testing shall be subject to this Agreement.
Potential Other Rights and Obligations You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
Complaints Regarding Content Posted on the Company Website For non-copyright complaints, you may notify us at info@denverhighriseliving.com.
International Matters The Company is controlled and operated from the Company’s United States offices in Washington. We make no representation that the Services are appropriate or available for use in any particular country or location. Those who choose to access the Company do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services, including software from the Company, is further subject to United States export controls. No Services, including software from the Company, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.
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