Terms of Use

Last Updated: August 1, 2021

This is a legally binding agreement (“Terms of Use”) between you (“you” or “your”) and Contexture (the “Company,” “we” or “us”) about your use of the Company website located at www.contexture.org (the “Website”). Your use of the Website is governed by these Terms of Use and any other policies disclosed on this Website. Your use of this Website indicates your acceptance of these Terms of Use. We reserve the right to change these Terms of Use by posting revisions to this Website at any time. Your continued use of this Website indicates your agreement to any revised Terms of Use. Accordingly, we urge you to review the Terms of Use at the start of each use of this Website.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU MUST EXIT THE WEBSITE IMMEDIATELY.

These Terms of Use cover the following topics:

WEBSITE SERVICES

CONDITIONS ON YOUR USE OF THE WEBSITE; PROHIBITED CONDUCT

INTELLECTUAL PROPERTY RIGHTS

USE OF COMMUNICATION SERVICES

THIRD-PARTY CONTENT

USER SUBMISSIONS

PRIVACY POLICY

TERM AND TERMINATION

WARRANTY DISCLAIMERS, LIMITATIONS ON LIABILITY, AND CLASS ACTION WAIVER

INDEMNIFICATION

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

GOVERNING LAW AND JURISDICTION

MODIFICATION OF THESE TERMS OF USE

MISCELLANEOUS

CONTACT INFORMATION

WEBSITE SERVICES

These Terms of Use only apply to your use of the Website. They may not apply to other services we offer and that may be accessible through our Website. Separate or supplemental terms and conditions may apply. To obtain full access to the Website, you may be required to complete a registration and create a user account. You are responsible for maintaining the confidentiality of your account, your account credentials (such as a username and password) and security answers or tokens, if applicable. You accept responsibility for all activities that occur under your account or through use of your account credentials. You will ensure that all use of your account and account credentials fully comply with these Terms of Use. Transfer of the account by you to any other person or entity, or use of your account and account credentials by any person other than you, is prohibited.

CONDITIONS ON YOUR USE OF THE WEBSITE; PROHIBITED CONDUCT

You must be at least the age of majority where you live (which is currently 18 years of age in most states, including Colorado and Arizona) to use the Website.

As a condition of your use of the Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, conditions, and notices. You will comply with all applicable laws, including but not limited to, data privacy laws, intellectual property laws and regulatory requirements. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites. You may also not assist a third party in engaging in any of these unlawful and prohibited uses.

INTELLECTUAL PROPERTY RIGHTS

Company is a registered trademark in the United States. Company and all content and other materials on the Website, including without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Company (collectively, “Company Content”). Other logos and product and company names mentioned on the Website may be the trademarks of their respective owners.

You are granted a limited, nonexclusive, nontransferable, revocable license only to access the Company Content while you use the Website, subject to the restrictions provided in these Terms of Use. Nothing in these Terms of Use may be construed as a license to use or disclose Company Content for any other purpose.

Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Website, attempt to do so, or assist anyone in doing so.

USE OF COMMUNICATION SERVICES

The Website may contain message or communication facilities designed to enable you to communicate with the Company (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
  • Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Restrict or inhibit any other user from using and enjoying the Communication Services;
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent; and/or
  • Violate any applicable laws or regulations.

Company has no obligation to monitor the Communication Services. However, Company reserves the right, in the Company’s sole discretion, to review all activity and materials related to the Communication Services and to stop activity and remove any materials in its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

THIRD-PARTY CONTENT

The Website may contain content, products, services or links to other third parties, including without limitation to third-party websites (“Third-Party Content”). Third-Party Content is not under the control of Company and Company is not responsible for any Third-Party Content, including without limitation any link to a third-party website or any changes or updates to such a website. Company is not responsible for webcasting, or any other form of transmission received from any third-party websites. Company is providing Third-Party Content to you only as a convenience, and the inclusion of any Third-Party Content does not imply endorsement by Company of the site or any association with its operators. You agree that Company will not be held liable for any damage or loss caused by a third party.

USER SUBMISSIONS

Company does not claim ownership of the materials you provide to Company (including feedback and suggestions) or post, upload, input or submit to any Company Website or its associated services (collectively, “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Company, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Company’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

PRIVACY POLICY

Please read the Company’s Privacy Policy to learn how information about you is collected, used, and shared. By agreeing to these Terms of Use and/or by using the Website you are also agreeing to the Privacy Policy. The Privacy Policy (and changes to it) are incorporated by reference into these Terms of Use.

TERM AND TERMINATION

These Terms of Use are effective immediately upon use and access of the Website. The then-current version of these Terms of Use will remain in full force and effect while you use the Website. Your ability to access and use the Website is not guaranteed. Company reserves the right, in its sole discretion, to terminate your access to the Website.

WARRANTY DISCLAIMERS, LIMITATIONS ON LIABILITY, AND CLASS ACTION WAIVER

COMPANY DOES NOT GUARANTEE THAT INFORMATION ON THE WEBSITE WILL BE ACCURATE, COMPLETE, TIMELY (REAL TIME), ERROR-FREE, SECURE, OR WITHOUT INTERRUPTION. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE WEBSITE AT ANY TIME.

NOT A PERSONAL PROFESSIONAL SERVICE. INFORMATION RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS (INCLUDING WITHOUT LIMITATION THIRD-PARTY CONTENT) ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS (INCLUDING WITHOUT LIMITATION), INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND/OR ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES AND BUSINESS PARTNERS / CUSTOMERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, COMPANY PORTAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

COMPANY DISCLAIMS RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE PROPERTIES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE, PRIVACY POLICY, OR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

CLASS ACTION WAIVER. YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED IN ACCORDANCE WITH THESE TERMS OF USE AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.

If applicable law does not allow for any disclaimer, limitation of liability, or waiver (or any portion thereof) as set forth in these Terms of Use, the disclaimer, limitation of liability, or waiver will be deemed modified solely to the extent necessary to comply with applicable law.

This Section will survive the termination or expiration of these Terms of Use.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES AND BUSINESS PARTNERS / CUSTOMERS, FROM ANY AND ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OR YOUR VIOLATION OF THESE TERMS OF USE. This Section will survive the termination or expiration of these Terms of Use.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

The Company respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all content that the Company directly makes available on the Website, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers of intellectual property. Pursuant to the Digital Millennium Copyright Act (DMCA), the Company has a designated agent to receive notices of alleged copyright infringement claims.

If you believe any material on the Website is infringing and has been posted by the Company, our users or any other party, you may notify the Company of the alleged infringement by contacting the Company’s designated DMCA Agent at 720.285.3200 or 4500 Cherry Creek S. Dr., Suite 820 Denver, CO 80246 or hello@contexture.org.

Please include the following information in your notice:

  • Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
  • A statement that you have 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;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • Your physical or electronic signature.

GOVERNING LAW AND JURISDICTION

Colorado law governs the interpretation of these Terms of Use and Privacy Policy, and will apply if there are disputes. Disputes will be settled in Denver, Colorado. Company will decide if disputes will be settled through an arbitration process.

MODIFICATION OF THESE TERMS OF USE

Company reserves the right to change these Terms of Use at any time and for any reason. You may request that Company send you a copy of the Terms of Use. Unless otherwise specified by us, all changes will be effective immediately upon being updated on the Website. You should look at these Terms of Use on a regular basis. The “Last Updated” date is posted at the top of these Terms of Use. You agree to any changes by using the Website after the changes become effective. If you do not agree to the changes, you must stop using the Website.

MISCELLANEOUS

Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the you and the Company with respect to the Website.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or use of the Website.

Company’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Company with respect to such use.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms of Use and all related documents be drawn up in English.

Rights and obligations which by their nature should survive, will remain in full force and effect following termination or expiration of these Terms of Use, including without limitation all disclaimers, limitations on liability, class action waiver, and indemnification.

CONTACT INFORMATION

If you have questions, please contact us at: hello@contexture.org.