This website (the “Site”) is operated by Ombud, Inc. (“Ombud”). The terms “we”, “us” and “our” as used herein also refer to Ombud. The Site includes access to certain proprietary information, media and other materials of Ombud (collectively, “Content”). The Content and this Site are together referred to herein as “Site”. We provide the Site to you conditioned upon your acceptance of these terms of service (the “Terms”). Any new Content, features or tools which may be added to the Site from time to time are also subject to these Terms.
Please read these Terms carefully before accessing or using the Site. By accessing and/or otherwise using this Site, you acknowledge that you have read, understood and agree to be legally bound by these Terms. ACCORDINGLY, BY USING THE SITE, YOU AGREE TO THESE TERMS. If you do not agree to THESE TERMS, YOU SHOULD not use THE sITE.
We reserve the right, in our sole discretion, to update, modify, change or replace any portion of these Terms at any time by posting updates and/or changes to the Site. You should review the most current version of the Terms periodically on the Site. We will post a notice on the Site that the terms have been modified, but it is your responsibility to check for changes. Your continued use of the Site following the posting of any changes signifies that you accept the changes. If you do not agree to the changes, you should discontinue your use of the Site.
CLASS ACTION WAIVER
EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SITE, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS.
USE OF THE SITE AND CONTENT
This Site is intended for use by individuals 18 years and older. You should not provide any information via the Site unless you are 18 or over. If you are under 13 years of age, you may not use the Site or provide any information to us via the Site. If you are under the age of majority in your jurisdiction (typically 18 years of age), you may use the Site only with the approval of your parent or guardian, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for your use of the Site.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable, personal, non-sublicensable right to access and use the Site and to view Content made available via the Site for your personal use only. You may not use the Site or the Content for the benefit of any other person or third party. You are responsible for procuring and maintaining the network connections that connect you to the Site. No licenses or rights are granted to you by implication or otherwise. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) for any reason at any time in our sole discretion. We reserve the right to refuse use of the Site to anyone and to reject, cancel, interrupt, remove or suspend any user or the Site at any time for any reason without liability.
Ombud makes available certain Content via the Site. Content is subject to change at any time without notice. All Content provided by us through the Site is for your personal and non-commercial use only. All Content is provided for informational purposes only. No Content is intended to provide financial, legal, tax or other professional advice. The quality of the display of the Content may vary from device to device and may be affected by factors outside of our control, such as your internet connection and geographic location.
RESTRICTIONS ON USE
You shall not (and shall not permit others to): (a) copy the look-and-feel or functionality of the Site; (b) remove any proprietary notices, marks, labels, or logos from the Site; (c) change, alter, modify, decompile, disassemble, translate, reverse engineer, create derivative works, transfer, mirror or frame, sell, resell, rent, lease, distribute, perform, publish, sublicense, transfer or otherwise exploit the Site, the Content or any portion thereof; (d) you may not attempt to derive the source code or the inner workings of the Site or use the Site in order to create a competitive product or service; (e) you may not archive, download reproduce, duplicate, bootleg, or otherwise make any copies of the Site. You may not publicly perform the Site. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site.
You may not use the Site for any illegal, unlawful or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts. In the using the Site, you warrant that you will not violate any international, federal, state or local laws, rules, regulations or ordinances. You must not upload or transmit any worms, viruses, bots, Trojans, back doors, or any malicious or destructive code of any kind to the Site, or any code that will affect the functionality or accessibility of the Site. You will not use the Site to (a) submit false or misleading information (such as using a false e-mail address or pretending to be someone other than yourself); (b) collect or track the personal information of others or use any data mining, data gathering, or extraction method; (c) use any robot, spider, scraper or other automated means to access the Site; or (d) to interfere with or circumvent the security features of the Site. A breach or violation of any Terms may result in an immediate termination or suspension of your ability to access the Site.
Our Site and Content are protected by various intellectual property laws which may include patent, copyright, trade secret, trademark, and trade names protection. You agree to respect all copyright and other legal notices, information, and restrictions contained in the Site and Content.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respect intellectual property rights. If you are a copyright owner or exclusive copyright holder, or are authorized to act on behalf of one, and believe that any material available on our Site infringes upon your copyrights, please submit a notification of the alleged copyright infringement to the contact provided below in accordance with the DigitalMillennium Copyright Act ("DMCA") by providing all the following information: (1) the full legal name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner/exclusive licensor; (2) identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by this the notification, a representative list of the copyrighted works; (3) 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 (including URL(s) if possible); (4) your name, address, telephone number, email address, and/or any other information reasonably sufficient to allow us to contact you. Your notification must also include statements regarding the following: (A) You have good faith believe that use of the material in the manner described in this notification is not authorized by the copyright owner, its agent or the law; and (B) the information contained in this notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all the requirements above, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. We also recommend that you consider consulting legal counsel.
Please deliver the notification to:
By Email: email@example.com
By Mail: Ombud Inc, 633 17th Street, Suite 1800, Denver,CO 80202
If you send us you send ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction fully exploit in any medium any Feedback that you provide to us. Feedback is not confidential. We are and shall be under no obligation (1) to pay compensation for any Feedback; or (2) to respond to any Feedback.
The Site IS provided “as-is” and “as available” without warranty of any kind. We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free. We do not warrant that the Site will be accurate. COMPLETE, or reliable. We do not waRrant that the sITE will meet your requirements. WE MAKE NOT REPRESENTATIONS OR WARRANTIES REGARDING HOW THE CONTENT WILL APPEAR ON YOUR SPECIFIC DEVICE. You agree that from time to time we may remove the SITE AND ANY CONTENT for indefinite periods of time without notice to you. You expressly agree that your use of, or inability to use, the sITE is at your sole risk. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, express OR IMPLIED, including but not limited to all implied warranties or conditions of merchantability, merchantable quality, quiet enjoyment, fitness for a particular purpose, durability, title, and non-infringement, and ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
In no case shall Ombud, ANY OF ITS AFFILIATES OR OUR ANDTHEIR directors, officers, employees, affiliates, agents, contractors, interns,suppliers, service providers or licensors be liable for any injury, loss,claim, or any indirect, incidental, punitive, special, exemplary orconsequential damages of any kind, including, without limitation lost profits,lost revenue, LOST CONTRIBUTIONS, loss of goodwill, lost savings, loss of data,service interruption, computer damage, system failure, replacement costs, orany similar damages, whether based in contract, tort (including negligence),strict liability, product liability, or otherwise, arising from your use of anyof the Site, including, but not limited to, any errors or omissions in anycontent, or any loss or damage of any kind incurred as a result of the use ofthe SITE or any content made available via the SITE, even if WE haVE been advisedof the possibility of such damages, and even if THE limited remedy set forthherein is found to have failed of its essential purpose. Because some states orjurisdictions do not allow the exclusion or the limitation of liability forconsequential or incidental damages, the above limitations may not apply toyou. In any such jurisdictions, our liability shall be limited to the maximumextent permitted by law. TO THE MAXIUM EXTENT PERMITTED BY APPLICABLE LAW, INNO EVENT WILL OUR (OR ANY AFFILIATES) TOTAL AGGREGATE LIABILITY ARISING OUT OFOR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITEEXCEED $100 IN THE AGGREGATE.
You may stop using the Site at any time. We may suspend or terminate your use of the Siteimmediately and without liability to you if you violate these terms, or if yourcontinued use of the Site would cause a risk of harm or loss to us, our otherusers, or any third party. We may, inour sole discretion, decide to discontinue the Site at any time without noticeor liability to you.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US, AND ANYAFFILIATES OF US OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS OR EMPLOYEES ACTINGIN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY)WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTESRELATED TO THESE TERMS, YOUR USE OF THE SITE, AND/OR RIGHTS OF PRIVACY AND/ORPUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS,INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. ARBITRATIONSHALL TAKE PLACE IN DENVER, COLORADO. Any provision of applicable law notwithstanding,the arbitrator will not have authority to award damages, remedies or awardsthat conflict with these Terms. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BYJURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLERELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THEEVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OFINTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION AREGENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WEWOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your localsmall claims court (to the extent permitted) unless such action is transferred,removed or appealed to a different court. You may bring claims only on your ownbehalf. Neither you nor we will participate in a class action or class-widearbitration for any claims covered by this agreement to arbitrate. YOU AREGIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBERON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANYRIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. Youalso agree not to participate in claims brought in a private attorney general orrepresentative capacity, or consolidated claims involving another person’saccount, if we are a party to the proceeding. You agree that regardless of any statute or law to thecontrary, any claim or cause of action arising out of, related to or connectedwith the use of the Site or these Terms must be filed by you within one (1)year after such claim of action arose or be forever banned. If you do not wish to be bound by the arbitration andclass-action waiver provisions in this Disputes section, you must notify us inwriting within thirty (30) days of the date that you first accept these Terms(unless a longer period is required by applicable law), and then you mustlitigate any disputes against us in accordance with Colorado law. Your writtennotification must be mailed to us at the address set out at the end of theseTerms. If you do not notify us in accordance with this paragraph, you agree tobe bound by the terms of this Disputes section, including without limitationthe arbitration and class-action waiver provisions, and further including suchprovisions in any revisions we make to these Terms after the date of your firstacceptance. Such notification must include: (i) your name; (ii) your email andmailing address, and (iii) a statement that you do not wish to resolve disputeswith us through arbitration or waive your ability to participate in a classaction. If we make any changes to this Disputes section (other than a change tothe address at which we will receive notices or rejections of future changes tothis Disputes section), you may reject any such change by sending us writtennotice, within thirty (30) days of the change, to the address set out at theend of these Terms. It is not necessary to send us a rejection of a futurechange to this Disputes section if you had properly opted out within the firstthirty (30) days after you first accepted the provisions in this Disputessection. If you have not properly opted out, then by rejecting a future change,you are agreeing that you will arbitrate any dispute between us in accordancewith the language of this Disputes section, as modified by any changes you didnot reject.
Except as otherwise stated herein, these Terms constitutes the entire agreementand understanding between you and us and govern your use of the Site,superseding any prior or contemporaneous agreements, communications andproposals, whether oral or written, between you and us (including, but notlimited to, any prior versions of the Terms). The failure of Ombud toexercise or enforce any right or provision of these Terms shall not constitutea waiver of such right or provision. In the event that any provision ofthese Terms is determined to be unlawful, void or unenforceable, such provisionshall nonetheless be enforceable to the fullest extent permitted by applicablelaw, and the unenforceable portion shall be deemed to be severed from these Terms,and such determination shall not affect the validity and enforceability of anyother remaining provisions. These Terms shall be governed by and construed inaccordance with the laws of the State of Colorado, without regard to itsconflict of laws provision. These Terms are personal to you. You cannot assignthem, transfer them, or sublicense them unless you get our prior writtenconsent. We have the right to assign, transfer, or delegate any of its rightsand obligations under these Terms without your consent. We will provide younotice by conspicuously posting the notice on our Site. In the event of aconflict between these the English language version of the Terms and anyforeign language translation versions thereof, the English language version ofthe Terms shall govern and control. All disputes, claims and causes of action(and related proceedings) will be communicated in English.
Questions about these Terms should be sent to:firstname.lastname@example.org
You may also reach us by mail at:
Ombud Inc, 633 17th Street, Suite 1800, Denver, CO 80202