Terms and Conditions of Use and Privacy Policy Agreement

 Terms and Conditions of Use

PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THIS WEB SITE. BY ACCESSING THIS WEB SITE, USERS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THIS WEB SITE.

Colorado Comps, LLC, a Colorado company, requires all persons or entities ("User" or "Users") accessing or using this web site or any Colorado Comps, LLC System or Internet/Intranet site ("Site") or portion of it, to agree to and accept all provisions contained in this agreement ("Agreement").  Use of any Colorado Comps, LLC site confirms the user's understanding and acceptance of this agreement without modification of the terms, conditions and notices contained herein.  Users may be subject to additional disclaimers and caveats that may appear on any site.

Corrections and Modifications

Colorado Comps, LLC is under no obligation to update, correct, or otherwise modify any information contained, residing on, transmitted to, or obtained from any Colorado Comps, LLC site. While every reasonable effort is made, in good faith, to ensure that the information presented on and contained in these sites is accurate and correct, there may be inadvertent (technical and/or factual) inaccuracies and typographical errors. Information contained in any Colorado Comps, LLC site may also become out-of-date.  While Colorado Comps, LLC disclaims all responsibility to update or correct any information placed on its sites, Colorado Comps, LLC reserves the right to do so, at any time and at Colorado Comps, LLC's complete and total discretion, without notice.  While Colorado Comps, LLC makes every attempt to keep the information on its sites accurate, Colorado Comps, LLC, its business partners and suppliers, cannot guarantee, and are not responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

Consent to Monitoring and Disclosure

Colorado Comps, LLC is under no obligation to monitor the information residing on or transmitted to any Colorado Comps, LLC site. However, anyone accessing a Colorado Comps, LLC site agrees that Colorado Comps, LLC may monitor the site (1) to comply with any necessary laws, regulations, or governmental requests; (2) to, in its sole discretion, operate the site in a manner it deems proper or to protect against conduct it deems inappropriate. Colorado Comps, LLC shall have the right, but not the obligation, to reject or eliminate any information residing on or transmitted to its sites that it, in its sole discretion, believes is unacceptable or inconsistent with this agreement. Data, product, and service orders originating from Colorado Comps, LLC sites may require the electronic transfer of user information and all or part of the information provided in an order form or request.  This transfer of information over the internet with third party vendors is needed for the user to receive the data, products and services requested.

No Advice

Information and services contained on any Colorado Comps, LLC site are offered with the understanding that Colorado Comps, LLC, its business partners, suppliers or users are not engaged in rendering legal, financial, or professional services or advice about situations or problems, specific or otherwise. Colorado Comps, LLC encourages all users to obtain competent and professional assistance in all matters requiring such advice or guidance.

Intended Use

Users agree to and understand the intended use of the products, services and information contained on any Colorado Comps, LLC site is for internal business or personal use only, as applicable. Furthermore, users warrant to Colorado Comps, LLC that they will not use any Colorado Comps, LLC site for any purpose that is unlawful or prohibited by this agreement.   Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, lists, databases, products or services obtained from any Colorado Comps, LLC site that is inconsistent with or contrary to acceptable practices, applicable law, or prohibited by this agreement. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain any information contained on any Colorado Comps, LLC site. If and when requested by Colorado Comps, LLC, its business partners, or suppliers, users agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing affiliation with any person or entity. Except with the written permission of Colorado Comps, LLC, users agree to refrain from accessing or attempting to access password protected, secure or non-public areas of any Colorado Comps, LLC site. Unauthorized individuals attempting to access prohibited areas of any Colorado Comps, LLC site may be subject to prosecution.

Failure to Comply

Colorado Comps, LLC reserves the right to terminate or restrict the access of any user to any Colorado Comps, LLC site, at Colorado Comps, LLC's complete and sole discretion, without notice should Colorado Comps, LLC determine that a user has violated (or is threatening to violate) any portion of this agreement. Colorado Comps, LLC also reserves any and all remedies at law or equity in connection with violation of this agreement. Any violation of this agreement, in the sole judgment and discretion of Colorado Comps, LLC, will subject the user to immediate termination or denial of access without further notice and/or legal action.

Subscription Based Services

Access to subscription-based services is secured through the use of a User Name and Password obtained through the signup/subscription process.   Access is granted by Colorado Comps, LLC to the individual User completing the subscription form and is not to be shared with or distributed to any other individuals, partners, associates, or entities(except as provided below).  This User Name and Password provides the User with a single concurrent session to the applicable site.

Multiple concurrent user sessions are available. The User, by providing logon information to another individual ("Secondary User"), hereby acknowledges that they are responsible for any service or product charges incurred by any and all Secondary Users in addition to basic subscription fees.

The Secondary User, by obtaining and using the logon of the Primary User, is a User as defined in this agreement and as such agrees to and accepts all provisions contained in this agreement.

The User further affirms that information provided in the signup/subscription process and true and correct to the best of their knowledge.  Fraudulent or deceptive information, including but not limited to, using another individual's personal information, is strictly forbidden.

Security

Users of any Colorado Comps, LLC site agree to comply with any security processes and procedures (such as client codes, user names, and passwords) specified by Colorado Comps, LLC with respect to access to or use of any Colorado Comps, LLC site. Unless specifically authorized by Colorado Comps, LLC in writing, users of any Colorado Comps, LLC site further agree not to access or attempt to access any areas of or through a site which are not intended for their use.

Warranty Disclaimer and Limitation of Liability

USERS OF ANY COLORADO COMPS, LLC SITE ASSUME ANY AND ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SYSTEMS, SOFTWARE, AND THE INTERNET IN GENERAL. COLORADO COMPS, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, ASSIGNS, AND SHAREHOLDERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESSED OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, ANY COLORADO COMPS, LLC SITE OR THE INTERNET IN GENERAL, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, OR NON-INFRINGEMENT. COLORADO COMPS, LLC AND ITS AFFILIATES DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, USEFULNESS, OR TIMELINESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED ON A COLORADO COMPS, LLC SITE, OR ANY OTHER MATERIAL ACCESSIBLE TO OR OBTAINED FROM A COLORADO COMPS, LLC SITE. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY. NO ADVICE OR INFORMATION GIVEN BY COLORADO COMPS, LLC, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, OR AGENTS SHALL CREATE ANY WARRANTY. NEITHER COLORADO COMPS, LLC NOR ITS AFFILIATES WARRANT THAT THE INFORMATION OR MATERIALS ON ANY COLORADO COMPS, LLC SITE, OR ON THE INTERNET IN GENERAL, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIALS ACCESSIBLE FROM ANY COLORADO COMPS, LLC SITE, OR THE INTERNET IN GENERAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

In no event shall Colorado Comps, LLC, its affiliates and/or its suppliers be liable for any direct, indirect, incidental, special, punitive or consequential damages, including without limitation, lost revenues, lost profits, or loss of prospective economic advantage, arising out of or in any way connected with the use of or inability to use any Colorado Comps, LLC site; dependence on or use of any information, products, and services obtained through any Colorado Comps, LLC site; or mistakes, omissions, interruptions, deletion of data, errors, defects, delays in operation, or transmission or any failure of performance, or otherwise arising out of the use of any Colorado Comps, LLC site, whether based on contract, tort, strict liability or otherwise, even if Colorado Comps, LLC, its affiliates 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.

Indemnification

As a condition of use, users agree to indemnify, defend and hold harmless Colorado Comps, LLC, its affiliates and suppliers, from any and all liability, loss, claim and expense, including reasonable attorneys' fees, related to any user violation of this agreement.

Governing Law

Any disputes resulting from the use of any Colorado Comps, LLC site shall be construed and enforced under the laws of the State of Colorado. Users hereby agree to pursue such claims exclusively in the courts of Jefferson County, Colorado, and hereby submit to the jurisdiction of the courts of Jefferson County, Colorado and waive any objection to venue with respect to actions brought in such courts. In any dispute, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. If any provision of this agreement is held invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired thereby.  This agreement constitutes the entire agreement between users and Colorado Comps, LLC with respect to the use of any Colorado Comps, LLC site.  Any and all prior agreements, written, verbal or otherwise, pertaining to Terms and Conditions of Use are hereby declared void.

Use of any Colorado Comps, LLC site is prohibited in any jurisdiction that does not recognize any and all provisions of this agreement.  Users who choose to access any Colorado Comps, LLC site from said jurisdictions do so at their own risk and are responsible for compliance with local laws, to the extent that such laws apply or exist.

Linking with Third Party Web Sites and Systems

Periodically Colorado Comps, LLC makes reference in its sites to the products, services, processes, hypertext links, or other information of third parties. Unless specifically stated otherwise, such references do not constitute or imply Colorado Comps, LLC's endorsement, sponsorship, or recommendation of such third party products, services, processes, hypertext links, or other information. Such information is the sole and exclusive responsibility of the third party owner. Colorado Comps, LLC expressly disclaims any and all responsibility and liability for the information presented on or submitted to linked sites including any errors and/or omissions which may appear in or obtained from those third party sites.

-        Links from Colorado Comps, LLC Web Sites

Any link (including hyperlinks, buttons, Business to Business interfaces (B2B), or referral devices of any kind) used on any Colorado Comps, LLC site is provided for the use and convenience of the user. The appearance of a link on any Colorado Comps, LLC site does not constitute an endorsement, recommendation, or certification by Colorado Comps, LLC of the third party site, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with Colorado Comps, LLC Colorado Comps, LLC does not endorse these sites, is not responsible for their content, and cannot assure that the information contained therein will be accurate, reliable, helpful, or useful. Users should be aware that other sites might collect data and personal information and operate according to their own terms and conditions. 

-        Links to Colorado Comps, LLC Web Sites

Colorado Comps, LLC generally does not object to links to Colorado Comps, LLC's web sites from third party sites. However, there are certain conditions that must be followed.

Unless Colorado Comps, LLC and a third party enter into a specific written agreement, a third party attempting to link to a Colorado Comps, LLC web site:

-         May not present the link to Colorado Comps, LLC's web site in such a way to suggest Colorado Comps, LLC has any relationship or affiliation with the third party or that Colorado Comps, LLC endorses, sponsors, or recommends the information, products, or services contained or described on the site.

-         Should only link to the home page/first page/default page/registration page of the Colorado Comps, LLC site.

-         May not incorporate any content from the Colorado Comps, LLC web site into the third party's site, including but not limited to, in-lining or framing.

Furthermore, unless Colorado Comps, LLC and a third party enter into a specific written agreement, a third party attempting to link to a Colorado Comps, LLC web site may not use any of Colorado Comps, LLC's names, logos, designs, slogans, trademarks or service marks:

1.     In or with their links. Notwithstanding the above, a third party may link to a Colorado Comps, LLC site using the plain text name of that site or the plain text name of Colorado Comps, LLC

2.     Or any other words or codes identifying Colorado Comps, LLC's web sites in any "metatag" or other information used by search engines or other information location tools to identify and select sites.

3.     In any advertising, publicity, promotion, or in any other commercial.

Press Releases/Company News

Any press releases, company news, or other materials contained on any Colorado Comps, LLC site reflect circumstances and conditions that existed as of the respective dates on which they were initially released, presented, or otherwise made.

Browser Policy

Colorado Comps, LLC recognizes the diverse operating systems and Internet Browsers users may be using while visiting a Colorado Comps, LLC site. Colorado Comps, LLC has designed its applications to work best for the users of the latest versions of the major Internet Browsers - Microsoft® Internet Explorer and Netscape®. Colorado Comps, LLC designs, develops, and tests applications to work correctly - though some applications may not have the best performance and presentation with other, less common browsers. Product names mentioned herein may be trademarks or registered trademarks of their respective companies.

Inherited Terms of Use and Policies

The use of any Colorado Comps, LLC site, system, or network relies on internet connectivity provided to Colorado Comps, LLC by Cbeyond LLC® ("Cbeyond"), or its successors or assigns.  Any and all legal notices, terms of use, and policies governing Colorado Comps, LLC's use of this internet connection and service thus bind any user of Colorado Comps, LLC's sites, systems or network to those same terms, conditions, and policies.  Cbeyond's legal notices, including acceptable use policies, may be reviewed at http://www.cbeyond.com/constants/legal.htm.

Billing/Credit Card Authorization

Colorado Comps, LLC will issue an invoice to the User containing applicable charges for a subscription, service, or product that require such payment. User authorizes Colorado Comps, LLC to process charges from a credit card account provided by the User.

In cases where an open invoice or purchase order is used, User acknowledges the invoice will be paid-in-full subject to the terms set forth on the invoice.

 

Changes and Other Terms

 

Colorado Comps, LLC, its affiliates and suppliers, reserve the right to make changes, updates, improvements to any information, product or service contained in any Colorado Comps, LLC site, or terminate any Colorado Comps, LLC site or affiliation, at Colorado Comps, LLC's complete and total discretion, at any time, without prior notice.

 

Access to particular areas on a specific Colorado Comps, LLC site may be subject to additional or different terms and conditions, as specified and at the sole discretion of Colorado Comps, LLC. Colorado Comps, LLC also reserves the right to change any provision of this agreement, at any time, without prior notice. Posted changes shall become effective immediately.  Because provisions can change, users agree to periodically review this agreement, and the continued use or access to any Colorado Comps, LLC site constitutes the user's acceptance of the revised agreement.

 

Questions

 

Questions or comments should be directed to Colorado Comps, LLC's Webmaster at webmaster@ColoradoComps.com.

 

Last Revised 1/13/11

 

 

Privacy Policy

Colorado Comps, LLC is dedicated to ensuring the privacy of its customers and users of all Colorado Comps, LLC sites. As such, Colorado Comps, LLC utilizes industry-standard security measures to safeguard internet transactions and communications. The purpose of this statement is to explain the types of information Colorado Comps, LLC collects about users of its websites, the manner in which this information is collected and used, with whom and under what circumstances the information is shared, and the manner in which users can restrict the use or disclosure of such information. This privacy policy does not extend to any information that is inherent in the operation of the Internet, and therefore beyond the control of Colorado Comps, LLC, and is not to be applied in any manner contrary to applicable law or governmental regulation.

Non-Personal Identification Information Collection

While Colorado Comps, LLC's web servers automatically collect internet related information about users, they do not collect personal identification information about users. The web servers gather information about the particulars of a user's visit through the Colorado Comps, LLC web site such as the web page from which a user enters a Colorado Comps, LLC site, the pages within Colorado Comps, LLC's site visited, how long a user is on the site, and other such information that will help Colorado Comps, LLC evaluate and improve its site.

Personal Identification Information Collection

When users voluntarily provide personal identification information to Colorado Comps, LLC through any web site, such as when ordering data, products, or services and accessing account specific or other profile information, Colorado Comps, LLC limits its use of such information to the purposes for which the information was provided. However, Colorado Comps, LLC reserves the right to use such information for marketing/product development research and other similar purposes and/or to contact a user regarding additional data, products, or services such user may find useful. Users have the right to choose not to receive this information by notifying Colorado Comps, LLC of their preference.

Internal Disclosure of Information

Colorado Comps, LLC employees are permitted access to the information they require to perform their jobs and service customers. Colorado Comps, LLC maintains strict internal policies against the unauthorized disclosure or use of customer information.

Third Party Disclosure of Information

Colorado Comps, LLC does not sell or disclose personal identification information obtained on-line from users through its sites to anyone outside of Colorado Comps, LLC unless (i) specifically authorized by a user; (ii) such disclosure is to a Colorado Comps, LLC business partner that provides beneficial services to Colorado Comps, LLC customers and such business partner agrees to keep the information Colorado Comps, LLC provides confidential; (iii) required by law or a court or government agency of competent jurisdiction; or (iv) such disclosure is necessary to protect the safety of Colorado Comps, LLC, its affiliates, customers, employees, or property.

Unsolicited E-mail

Colorado Comps, LLC does not send unsolicited "junk" e-mail (spam). However, Colorado Comps, LLC does use e-mail to communicate with customers and respond to user inquiries, confirm orders placed online, and send information requested by users through its web sites. Any users receiving unwanted e-mail from Colorado Comps, LLC should contact the company and advise of their desire not to receive future e-mails and/or request removal from Colorado Comps, LLC's e-mail list. As soon as reasonable practicable, Colorado Comps, LLC will remove such user from the company's e-mail list.

Cookies

Colorado Comps, LLC's web sites use a technology called "cookies" which are small files stored by your browser to help keep track of transaction information. Cookies provide a way for a server to recall a previous request or form, or to keep track of a transaction as it progresses thereby eliminating the need to repeat the information previously provided. A cookie can only be accessed from the web site that placed it on the user's system.  The cookies used by Colorado Comps, LLC do not collect personal identification information and Colorado Comps, LLC does not combine information collected through cookies with other personal information to determine a user's identity or e-mail address. Colorado Comps, LLC may also use cookies to track user trends and improve areas of Colorado Comps, LLC's sites that users find valuable. Cookies are commonly used on web sites today and should not harm any system upon which they are transmitted. Browsers can be configured to notify users when cookies are about to be received and provide users with the option of refusing cookies.

Future Privacy Policy Modifications

Colorado Comps, LLC is continually trying to improve the services it provides customers through its web sites. As such, Colorado Comps, LLC may expand its capabilities for obtaining information about users in the future. Thus, Colorado Comps, LLC reserves the right to revise its Privacy Policy as required by advances in technology or other changes in the collection of information through the internet at any time without notice.

Questions

Questions or comments should be directed to Colorado Comps, LLC's Webmaster at webmaster@ColoradoComps.com.

Last Revised 1/13/11