Website Terms and Conditions of Use

Welcome to the website, www.carolrossandassociates.com (the "Website"). This Website is owned and operated by Carol Ross and Associates, LLC ("CRA," "we," "us," and "our"). Your access to and use of this Website is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing of the Website, you accept, without limitation or qualification, these Terms and Conditions:

1. Usernames, Passwords and Security

If you have registered on one of our Websites, you may have obtained a username and password. Your username and password are issued to you and may not be used by anyone else. You are entirely responsible for maintaining the confidentiality of your username and password. Furthermore, you are entirely responsible for any and all activities that occur on the Website using your username and password, whether or not authorized by you. You must immediately notify CRA of any known or suspected unauthorized use of your username and password or any other breach of security (contact CRA at support@carolrossandassociates.com).

2. Privacy Policy Statement

Protecting your privacy is very important to CRA. Please read our Privacy Policy before proceeding to use our Websites. Our Privacy Policy describes the types of information we gather about you and the types of uses we make of such information, as well as the security measures we maintain in order to protect customer information.

3. Limited Use of Materials

These Websites and e-mails sent to you as a result of registering on one of the Websites, contain materials including, but not limited to, text, audio, video and/or images (individually and collectively the "Materials") which are protected by international copyright, trade secret and trademark laws. You may access and use the Materials solely for your personal, non-commercial use, provided you keep all copyright and other proprietary notices completely intact. You may not copy, republish, upload, post, transmit, disclose, distribute, decompile, reverse engineer or disassemble the Materials. The Materials are licensed to you on a personal, non-exclusive basis by CRA, and are not sold to you. Except for the limited rights explicitly granted to you herein, CRA retains ownership of all right, title, and interest in and to the Materials including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets, and know-how). We may also require you to follow additional rules, guidelines or other conditions that govern the use of particular Materials which can be accessed or downloaded from a Website. Such rules, guidelines or other conditions are made a part of these Terms and Conditions.

CRA's name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of CRA. You are not authorized to use any such name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of the owner. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to these Websites is strictly prohibited. CRA reserves all legal rights and remedies available to it.

4. Web Logs ("blogs")

The Websites may include web logs ("blogs"), bulletin boards, e-mail discussion lists, list serves, chat rooms, forums, or other locations in which you can post comments (collectively, "Web Logs") on which visitors to the Websites may contribute their thoughts and ideas about a Website, its content, and related issues. CRA does not control the messages, information or files delivered to Web Logs. CRA neither condones nor is responsible for any such information or files delivered to the Web Logs. CRA reserves the right at all times to disclose any information in the Web Logs as is necessary to satisfy any law, regulation or governmental request. CRA, in its sole discretion, may edit, refuse to post or remove any materials, in whole or in part, for any reason, including, without limitation, materials that are objectionable or in breach of these Terms and Conditions. It is a condition of these Websites that you do not:

1. restrict or inhibit any other user from using the Web Logs;
2. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
3. post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which constitutes an invasion of privacy or infringement of publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works thereof, without first obtaining permission from the owner or right holder;
4. post or transmit any information, software or other material which contains a virus or other harmful component; or
5. post, or transmit or in any way exploit any information, software or other material for commercial purposes which contains advertising, promotions or marketing.

By sending a message to the Web Logs, you warrant and represent that you own the copyright for such information or have received permission from the person or entity who owns the copyright. By sending a message, you grant CRA and others the non-exclusive right and license to display, copy, publish, distribute, transmit, print and use such information. CRA reserves the right to terminate your access to, and use of, the Web Logs, or to censor, edit or block your transmissions thereto, if you do not abide by these Terms and Conditions.

5. Confidentiality

The Materials may contain information and valuable trade secrets that are not generally known to the public. You must treat as confidential and preserve the confidentiality of all Materials, and must not disclose any portion of the Materials to any third party. The foregoing obligation does not apply to any information that: (a) is already in your possession as shown by documentation; (b) is or becomes publicly available through no fault of your own; or (c) is obtained by you from a third person without breach by such third person of an obligation of confidence. Information will not be deemed to be within the foregoing exceptions merely because it is: (i) embraced by more general information in the public domain or in the possession of the party receiving such information, or (ii) a combination of individual items of information that could be pieced together to reconstruct such combination from non-Confidential Information.

6. Limitation of Liability and Disclaimer of Warranty

Your use of a Website and the Materials is at your own risk. If you are dissatisfied with any of the Materials contained in a Website, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using these Websites. The information and services available on or through our Websites may come from a variety of sources. We may not actively monitor all of the content on our Websites or in certain features, newsletters, e-mail messages, or other Materials available on the Websites. Therefore, we cannot verify, endorse or vouch for the information, services or recommendations available through our Websites. CRA assumes no responsibility and shall not be liable for the accuracy, completeness, timeliness, reliability, relevance or usefulness of any of the Materials contained on the Websites. CRA also assumes no responsibility and is not liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in these Websites or your downloading of any Materials from a Website. You are responsible for any information you disclose on the Web Logs, and CRA will not be liable for the consequences of any such disclosure.

NEITHER CRA, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE OR THE MATERIALS IS LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THESE WEBSITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CRA DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LOST REVENUES, OR LOST PROFITS.

NEITHER CRA NOR ANY THIRD PARTY CONTENT OR SERVICE PROVIDER PROVIDES ANY GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, AND CRA EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, THE MISUSE OR MISINTERPRETATION OF, OR THE RELIANCE ON ANY INFORMATION CONTAINED IN THE MATERIALS. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE WEBSITES AND THE MATERIALS. IN NO EVENT WILL THE LIABILITY OF CRA TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNT OF ANY FEES YOU HAVE PAID FOR ACCESS TO THE WEBSITES OR THE MATERIALS, IF ANY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

7. Third Party Links

CRA may provide links ("Links") from a Website to Internet sites maintained by third parties. All Links to other sites found on a Website are publicly available on the Internet and are provided solely for the convenience of users. Unless expressly stated otherwise, Links on the Websites are not sponsored by, affiliated with, or the responsibility of CRA and the owners of such Links are not affiliated with CRA and do not sponsor or endorse the Websites. CRA has not tested or verified the content, accuracy, or opinions expressed on any Links on the Websites and disclaims any warranty or liability for damages associated therewith, including, without limitation, computer viruses or any other damages to your computer as a result of your using such Links to third-party sites.

8. Indemnification

You agree to immediately notify CRA of and to indemnify and to hold CRA harmless from any and all claims (including reasonable attorneys' fees and costs) resulting from: (i) your acts, omissions, or representations in any way related to these Terms and Conditions; (ii) your access to, and use of, the Websites; or (iii) any information or services you receive through the Websites. You shall use your best efforts to cooperate with us in the defense of any claim. CRA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

9. Contacting CRA

If you have any questions about these Terms and Conditions, this Website, or CRA, feel free to contact us at support@carolrossandassociates.com.

10. General

These Terms and Conditions will be construed solely in accordance within the laws of the State of Colorado, without giving effect to principles of conflicts of laws. Any actions, proceedings or suits concerning or relating to this Agreement may only be brought in a court of competent jurisdiction in Boulder County, Colorado, or in the U.S. District Court for the District of Colorado in Boulder, and each party hereby consents to the jurisdiction and venue of such court, and waives any objections thereto. In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of remaining provisions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. Failure by either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder. These Terms and Conditions constitute the complete agreement between you and CRA with respect to the Website and supersedes all prior communications and agreements. CRA may at any time, in its sole discretion, revise these Terms and Conditions by updating them on this web page. You are bound by any such revisions and should therefore periodically visit this web page to review the current Terms and Conditions.