(Date of Last Revision: October 29, 2016)
The website http://www.overlandtrailranch.com (hereinafter, the "Site") is owned and operated by The Overland Trail Cattle Company LLC, a Delaware Limited Liability Company ("Owner," "we," or "us"). The Site provides information related to the Owner's wind energy project (the "Project").
The Terms and Conditions of Use Agreement ("Terms of Use") and the Privacy Policy constitute a binding agreement between you and Owner. Please read carefully through all sections of the Terms of Use and the Privacy Policy. Your access to and use of the Site is subject to the Terms of Use, the Privacy Policy and all applicable laws. By accessing the Site, you agree to be bound by the Terms of Use and the Privacy Policy. If you do not agree to the Terms of Use and the Privacy Policy, then you may not use the Site. The Terms of Use and Privacy Policy may be changed by us from time to time without notice to you and the governing version will be posted on the Site. Please review the posted terms on a regular basis as your use of the Site will be governed by the then-current Terms of Use and Privacy Policy.
Proprietary Rights
Owner provides the Site solely for your personal, non-commercial use. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Owner's or its licensors' intellectual property rights. You may not copy or post any content of the Site in any other public forum, including other websites, web services, or print publications without the written consent of Owner. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal, non-commercial use. Owner or its licensors own all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited.
Prohibited Activities
The following activities are expressly prohibited from the Site:
Federal and State Laws
The Site is operated from the United States. When using the Site, you must obey all applicable federal, state and local laws. Any use of the Site that violates any applicable laws will be grounds for discontinuing your rights to access the Site.
Disclaimer of Warranties
THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. ANY LINKS TO A THIRD-PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO YOU, AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. Owner DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Owner DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
By providing the site, Owner does not in any way promise that the SITE OR ITS FEATURES will remain available to you. Owner is entitled to terminate all or part of the site at any time, in its sole discretion, and without notice to you. OUR SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Limitation of Liability
THE LIABILITY OF Owner and its affiliates, employees, agents, representatives and third party service providers, WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED ($100) U.S. DOLLARS.
IN NO EVENT WILL Owner and its affiliates, employees, agents, representatives and third party service providers BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF Owner IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Indemnification
You agree to indemnify Owner and its affiliates, employees, agents, representatives and third party service providers, and you agree to defend and hold each of them harmless from any and all claims, demands, actions, liability, fines, penalties and expenses, including reasonable attorney's fees and costs, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site, or the acts of another user using your computer, mobile device or account. Such acts may include, but are not limited to: submissions, unauthorized use of material obtained through the Site, or your breach of the terms of these Terms of Use.
Third-Party Links
The Site may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which Owner exercises no control. Owner expressly disclaims any responsibility for the content or results from your use of such third-party links.
Copyright Complaints
Owner respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Owner's copyright agent with the following information:
Owner's agent for notice of claims of copyright infringement on the Site can be reached at the contact information provided below.
Miscellaneous Provisions
Severability. If any term or provision in the Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.
Website Availability. Because public networks, such as the internet, occasionally experience disruptions, Owner cannot guarantee the Site will be available 100% of the time. Although Owner strives to provide a reliable website, interruptions and delays in accessing the Site are unavoidable, and Owner disclaims any liability for damages resulting from such problems.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site's postings as accurate as possible, but Owner does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
Headings. Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.
Dispute Resolution. Any dispute arising out of or relating in any way to your use of our Site, shall be submitted to confidential, binding arbitration in Denver, Colorado before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Denver, Colorado, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
Controlling Law and Venue. It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Colorado, without giving effect to the conflict of laws provisions thereof. With the exception of any matters subject to arbitration as described above, venue of any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties shall be brought exclusively in the courts of Denver, Colorado.
Questions
If you have any questions about Owner, the Site, our Project, the Privacy Policy, or the Terms of Use, you may contact us at:
The Overland Trail Cattle Company LLC
555 Seventeenth Street, Suite 2400
Denver, CO 80202
