Welcome to the LivingBoulder web site located at www.bonnieluftig.com/livingboulder (the “Site”). The Site is owned and operated by LivingBoulder LLC, which we refer to as “us,” “we,” or “LivingBoulder” throughout. On the Site, we offer an events calendar and blog on yoga, food & wine and wellness events and lifestyle in Boulder and beyond (“Services”). This Agreement contains the only terms, covenants, conditions, and provisions (the “Terms”) upon which you (“you” or “You”) may access and use this Site.
LivingBoulder’s Services include an online calendar of events and escapes (“Events”) organized by third parties (“Organizer”) that may be of interest to You. LivingBoulder is not involved in or responsible for Events or any transactions between You and Organizers. As a result, LivingBoulder has no control over the quality, safety, morality or legality of any aspect of the Events listed, the conduct of Event attendees or other users of the Site, the ability of Organizers to provide experiences or the ability a user of the Site to pay for experiences. YOU AGREE THAT LIVINGBOULDER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF YOUR PARTICIPATION IN ANY EVENTS AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST LIVINGBOULDER ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH AN EVENT. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other attendees at an Event, or (ii) your participation in any Events or (iii) activities arising from or related to your use of the Services.
2.3 Identity Verification. You acknowledge that LivingBoulder does not pre-screen users or approve third-party content and makes no attempt to confirm, and does not confirm, any user’s purported identity. We do not investigate any user’s reputation, conduct, morality, criminal background or verify the information that any user submits to the Site. We do not endorse any persons who use or register for the Services, including Organizers. You are responsible for determining the identity and suitability of others whom you may contact or who may contact you by means of the Site. You agree to exercise caution and good judgment in all interactions with other users and Event attendees. LivingBoulder encourages you to communicate directly with Organizers. You may also wish to consider using a third-party service that provides additional user verification.
Eligibility for Use
Age The Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
Registration and Passwords
You may need to register with the Site to receive certain functions, features, or correspondence. If you register with us, you agree to (1) provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether or not authorized by you. You agree to (a) immediately notify LivingBoulder of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Site or other Service. LivingBoulder reserves the right to delete or change a user ID or password at any time and for any reason. LivingBoulder will not be liable for any loss or damage arising from your failure to comply with this password policy.
Legal Compliance. You represent and warrant that you comply with all applicable domestic and international laws, statutes, ordinances and regulations, including without limitation any laws or regulations requiring licenses, and will use the Services in a manner consistent with all such applicable laws, statutes, ordinances and regulations.
Right to Refuse Access. LivingBoulder may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
We are a distributor and publisher of content, information, and materials supplied by users of the Services and by other third parties (“Content”). Accordingly, we have no editorial control over such Content. Any services, offers, or other information expressed or made available by third parties as part of the Content, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information and not of us. We neither endorse nor are responsible for the accuracy or reliability of any Content, or opinion, advice, information, or statement made on the Services by anyone. We have the right, but not the obligation, to monitor and review the Content on the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not monitor Content for accuracy or reliability. You may use the Content on the Site for your noncommercial, personal use, but you may not reproduce or distribute the Content.
We reserve the right to review and approve Organizations’ participation in the Service, as well as the posting of Events.
YOUR CONTENT; LICENSE; REPRESENTATION AND WARRANTY
You are solely responsible for any information, comments, feedback, data, materials, photos or other content of any type or description that you provide or make available to us through or to the Site or Services, including any data entry forms found through the Site (“Your Content”), and we act as a passive conduit for the distribution and publication of Your Content. However, we reserve the right to remove Your Content if we believe Your Content may create liability for us. You represent and warrant that Your Content (a) does not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control; (c) is not defamatory or trade libelous; (d) is not pornographic or obscene; (e) does not violate any laws regarding unfair competition, anti-discrimination or false advertising; and (f) does not contain viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines. You hereby grant to us a worldwide, perpetual, irrevocable and royalty-free license, sublicensable through multiple tiers of sublicensees, to use, reproduce, modify, distribute, display, perform, and create derivative works from Your Content in any media or through any means now known or not currently known. You acknowledge that some of Your Content will be publicly available for other users of the Site or Services to view, such as feedback and comments. You are solely responsible for the content of Your Content.
The content made available to you through the Services, other than Content and Your Content, including without limitation, text, databases, software, code, music, sound, photos, and graphics (“Our Content“), is (1) copyrighted by LivingBoulder and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by LivingBoulder or its licensors. Our Content, and Content, may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for (a) your personal, noncommercial use if you are a volunteer or (b) your archival purposes, if you are a nonprofit or public service organization. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Content.
Our Site and Service are for your personal and non-commercial use (provided that Organizers can use the Site for the limited commercial purpose of posting authorized and approved information). The Site contains material that is derived in whole or in part from material supplied and owned by LivingBoulder and other sources. Such material is protected by copyright, trademark and other applicable laws. Unless otherwise agreed to in writing by LivingBoulder you agree that you will not use the Site or other Service, or duplicate, download, publish, modify or otherwise distribute or use any material in the Site or other Service for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Site other than the home page (for example, “deep linking”), without LivingBoulder’s prior written consent. Use of the Site or other Service or any materials or content on the Site or other Service for any commercial or other unauthorized purpose is prohibited.
Site Use & Termination of Account
Access and use of password-protected and/or secure areas of the Site or other Service is restricted to users who have been approved by LivingBoulder. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account or if we learn that you have provided us with false or misleading registration data.
LivingBoulder has the right terminate your access to the Site or Service for any reason if we believe you have violated these Terms in any manner. You agree not to hold the Site liable for such termination, and further agree not to attempt to use the Site after termination.
Notices & Communications
You agree that all communications from LivingBoulder regarding use of the Site at the addresses you provide to LivingBoulder is an authorized means of communication. LivingBoulder is entitled to rely on the e-mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail address not communicated to LivingBoulder. You agree to be bound by any affirmance, assent or agreement you transmit through the Site. Terms
You acknowledge that LivingBoulder owns all right, title and interest in and to the Services, including without limitation, the Site, and all underlying software and technology, including without limitation all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Without limitation, you agree that you will not use the Site or other Service to upload, post, or otherwise distribute or facilitate distribution of any material that:
You shall not:
Assumption of Risk
Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While LivingBoulder has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, LivingBoulder and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the Internet. You assume sole and complete risk for using this Site and must make his or her own determination as to these matters.
LivingBoulder reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. LivingBoulder will also comply with all court orders involving requests for such information.
Links to Other Sites
The Site may include links to other sites on the Internet that may offer various products, services, and/or information (“Linked Sites”). LivingBoulder cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party web sites and LivingBoulder does not endorse any of the products or services offered in any third-party web sites.
Further, these other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. Before proceeding with any transaction with any third-party web site, whether the transaction is on-line or off-line, it shall be your sole responsibility to conduct whatever investigation you deem necessary and appropriate.
Permission must be granted by us for any type of link to www.LivingBoulder.com. To seek our permission, you may write to email@example.com. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
Participation in Promotions & Contests
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Events Beyond Living Boulder’s Control
You expressly absolve and release LivingBoulder from any claim of harm resulting from a cause beyond LivingBoulder’s control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. LIVINGBOULDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND ARISING FROM OR RELATED TO THE SITE OR SERVICES OR CONTENT ON THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LIVINGBOULDER MAKES NO WARRANTY THAT USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless LivingBoulder from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or other users of the Site using your computer, of any intellectual property or other right of any person or entity. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Jurisdiction and Choice of Law
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only in either the state or Federal courts located in the county of Denver, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Site is controlled and operated by LivingBoulder from its offices within the United States. LivingBoulder makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
Digital Millennium Copyright Act
If you believe that your work has been copied and posted on the Site or Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site or Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. LivingBoulder’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, LivingBoulder , [ADDRESS]; Facsimile: (XXX) XXX-XXXX; Attn: Copyright Agent; and email: info@LivingBoulder.com.
By submitting or sending information or other material to LivingBoulder you represent and warrant that the information is original to you and that no other party has any rights to the material.
This Web Site is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. LivingBoulder may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and LivingBoulder may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions
Right to Modify or Discontinue Services
LivingBoulder may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice modify, suspend or discontinue, temporarily or permanently, the Site, the Services (or any part thereof).
We reserve the right to impose charges or fees for some or all of the Services, including a fee on the posting of Content in certain areas of the Site. Your uploading Content to fee-based areas are responsible for such Content and for compliance with these Terms. Under no circumstances will the Site provide a refund in the event that Content is removed from fee-based areas for violation of these Terms.
This Agreement has been made in, and will be construed and enforced in accordance with the laws of the State of Colorado. Any action to enforce this Agreement will be brought in the federal or state courts presiding in Colorado, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts.
This site (excluding any linked sites) is controlled by us from our offices within the Colorado, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Colorado, by accessing this site both of us agree that the statutes and laws of the State of Colorado, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Colorado with respect to such matters.
Severance & Waiver
You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. LivingBoulder’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.
These Terms constitute the entire agreement between you and LivingBoulder and govern your use of the Site and Service, superseding any prior agreements between you and the Site. LivingBoulder is under no obligation to become involved in any disputes between you and other users of the Site or between you and any other third parties.