Terms of Use

Your Agreement to these Terms and Conditions

This Website is owned and maintained by BodeTree, LLC (“BodeTree”) for the benefit of our customers, affiliates and other visitors. The terms and conditions set forth below in this Agreement govern your use of the Website and of the materials, information, products and services that are provided to you. The term “Website” as used herein includes all of the products and services offered therein. Please read this Agreement carefully before entering or using the Website. If you proceed to use the Website, you will be legally bound by these terms and conditions even if you have decided not to read them. If you do not want to abide by this Agreement, please exit the Website. If you have questions about any part of this Agreement please contact BodeTree at info@bodetree.com

While you may visit this Website at any time, certain portions of this Website are restricted to access and use only by customers or affiliates of BodeTree who have entered into this Agreement. It may also be necessary for you to provide registration information as part of this process, and you may at times be required to agree to additional terms regarding pricing and use in order to receive certain BodeTree services and products

BodeTree may add to, change or remove any part of this Agreement at any time, without notice. Any changes to this Agreement apply as soon as they are posted. By continuing to use this Website after any changes are posted, you are indicating your acceptance of those changes. BodeTree may add, change, discontinue, remove or suspend any other content posted on this Website, including features and specifications of products described or depicted on the Website, temporarily or permanently, at any time, without notice and without liability.

BodeTree’s ownership and your use of the content on this Website

This Website is owned and operated by BodeTree. All Website content, including text, site design, logos, graphics, video streams, icons, audio clips, video clips and images, as well as the selection, assembly and arrangement thereof, is the sole property of BodeTree, Copyright © 2011 by BodeTree, LLC, all rights reserved, unless such property is identified as that of a third party, in which case it is the property of the third party. Such content is protected by Federal copyright and trademark laws as well as other laws. You may download or print out content on the Website if it is necessary to preserve or record such content for later use, but you may only make one copy and must preserve all copyright and trademark notices that appear with such content. Otherwise, unless you have been expressly permitted by BodeTree, you may not copy, reproduce, modify, republish, upload, download, post, transmit, or distribute such content in any form or by any means. Any unauthorized use of the content appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

BodeTree™, and other phrases or symbols as indicated, are trademarks of BodeTree, LLC. All other trademarks or service marks are property of their respective owners. The use of any such trademark or service mark without the owner’s written consent is strictly prohibited.

 

Materials that you or other users furnish on the Website

If you or other users send any communications or materials of any kind to or through the Website, by electronic mail or otherwise, including any comments, data, questions, suggestions or the like (but not including your personal or financial information), all such communications are, and will be considered to be non-confidential and available for any use by BodeTree or any other party having unrestricted access to such material. This means that you will forever give up any claim that any use, analysis or reproduction of such material violates any copyrights, trade secret rights, property rights, publicity rights, moral rights, financial rights, privacy rights, rights to credit for material or ideas, or any other rights recognized under the laws of any jurisdiction.

Any material submitted to this Website (excluding your personal or financial information) may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by BodeTree anywhere in the world, in any medium, forever. Furthermore, BodeTree is free, but is under no obligation, to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although BodeTree may from time to time monitor or review bulletin boards, chat rooms, discussions, postings, transmissions and the like on the Website, BodeTree is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. BodeTree may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates BodeTree’s policies or agreements in any way. BodeTree will fully cooperate with any law enforcement authorities or court order requesting or directing BodeTree to disclose the identity of anyone engaging in conduct that violates this Agreement.

 

Prohibited uses of the Website

You may not interfere with anyone else’s use of this Website. You may not use this Website to transmit or implant any virus or other form of computer program or device intended to disrupt, sabotage, impair or otherwise damage or cripple any data, computer or computer system. You may not use this Website for the purpose of gaining any unauthorized access to any data, computer or computer system.

Your privacy

BodeTree recognizes the importance of your privacy and the privacy of others, and has adopted a Privacy Policy regarding the protection of such rights when you visit or use the Website. You are encouraged to review BodeTree’s Privacy Policy to assure that you understand the measures BodeTree will and will not take to protect your privacy when you visit the Website.

This Website may contain links to other Internet websites. BodeTree provides such links for your convenience only, and is not responsible for the content of any website linked to or accessible from this Website. By providing links from this Website to any other website BodeTree does not represent or warrant that it approves of, endorses, recommends or has any affiliation whatsoever with any other website. BodeTree disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.

Disclaimer of warranties and limits on BodeTree’s liability

Although BodeTree has attempted to provide accurate information on this website as a service to its users, BodeTree assumes no responsibility for, and makes no representations with respect to the accuracy of the information. Your use of this website is entirely at your own risk. The materials accessible from or on this website are provided “as is”, and BodeTree expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property relating to such materials. In no even shall BodeTree be liable for any damages whatsoever, including (without limitation) special, indirect, direct, consequential or incidental damages, including without limitation damages resulting from use of or reliance on the information presented, loss of profits or revenues, costs of replacement goods, viruses, down time, inaccessibility, bugs, errors, inaccuracy of data, or failure of the website to satisfy the user’s purposes or objectives.

This Website originates from and is maintained in the United States of America, and BodeTree makes no representations regarding the legality of access to or use of the Website or the materials contained in or accessible from the Website in other countries. Any export or use of such materials by a user must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use. Access in countries where the materials are illegal is prohibited. Users who access the Website from outside of the United States do so at their own risk and are responsible for compliance with applicable export and local country laws.

Your obligation to indemnify BodeTree

You agree to indemnify, defend and hold BodeTree and all of its agents, owners, employees or affiliates harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred in connection with any claim arising out of your breach of this Agreement. You will cooperate as reasonably required in BodeTree’s defense of such claim. BodeTree reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of BodeTree.

General provisions relating to this Agreement

The terms set forth above constitute the entire agreement between BodeTree and you with respect to your use of this Website, unless otherwise agreed in writing, and supercede all other agreements, statements or understandings. Any legal claim you may have against BodeTree with respect to your use of this Website must be commenced within one year after the claim arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision, as well as the remainder of the Agreement, shall be enforced to the maximum extent possible so as to carry out the intent of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado and venue for all disputes relating to the interpretation or enforcement of this Agreement shall be brought exclusively in the state or federal courts located in Denver, Colorado, as to which the parties submit to the exercise of personal jurisdiction. If legal action is required to enforce or interpret this Agreement, the prevailing party shall be entitled to recover all attorney’s fees and costs. By clicking “I Agree” below, you represent that you have read and considered all of the terms of this Agreement, and that you are authorized to enter into this Agreement for yourself and on behalf of the company or entity represented by your signature.