THIS WEBSITE IS OPERATED BY DIZZION, INC. (“DIZZION”). PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE WWW.DIZZION.COM WEBSITE OR ANY OTHER WEBSITE MAINTAINED BY DIZZION OR ITS AFFILIATES (“WEBSITE”). BY USING THIS WEBSITE, YOU ARE INDICATING THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
Website Operation
Dizzion will use reasonable commercial efforts to keep this Website available for access on a 24 hour a day, 7 day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, Dizzion does not warrant that the operation of this Website will be error-free, that defects will be corrected or that this Website or the servers that make it available are free from viruses or other harmful components.
Website Security
You are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. Dizzion will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Copyrights & Trademarks
The entire contents of this Website are protected by the United States copyright laws. Dizzion is the owner of the copyright. You may not modify the materials at this Website in any way or reproduce or publicly display, perform, distribute or otherwise use the materials for any purpose without the prior consent of Dizzion. The names, logos and taglines identifying Dizzion or its products or services are proprietary marks of Dizzion or its affiliates and may not be copied, used or displayed without the prior written consent of Dizzion. All other trademarks and service marks are the property of their respective owners.
Passwords
To the extent a password is provided to you for access to a portion of this Website, you agree to keep your password confidential and to notify Dizzion promptly if such password is lost or stolen or if you become aware of unauthorized use of such password. You acknowledge that you are fully responsible for all activities that occur under your password.
Third Party Links
Links to third party web sites on this Website are provided solely as a convenience to you. If you use these links, you will leave this Website. Dizzion has not reviewed these third party web sites and does not control and is not responsible for any of these web sites or their content. Dizzion does not endorse or make any representations about these third party web sites, or any advertising, information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party web sites linked to this Website, you do so entirely at your own risk.
Submissions
Except as otherwise set forth in Dizzion’s Privacy Statement posted on this Website, any materials, information or other communication that you transmit or post to this Website (“Submissions”) will be considered non-confidential and non-proprietary, and Dizzion and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Submissions and all data, images, sounds, text and other materials embodied therein for any and all commercial or non-commercial purposes. You agree that your Submissions will not violate applicable laws or any third-party rights, including, without limitation, intellectual property rights, or contain any computer viruses or malware that could in any way affect the operation of the Website.
General Disclaimer
The factual information contained in this Website is obtained from sources believed to be reliable and accurate; however, Dizzion makes no guarantee or warranty, express or implied, as to the reliability, timeliness or completeness of information and is not responsible for any errors or omissions therein, whether caused by the source of the information or by Dizzion. AS A RESULT, THE MATERIALS AND SERVICES PROVIDED AT THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. No advice or information, whether oral or written, obtained by you from Dizzion or through or from this Website shall create any warranty.
Indemnification
You agree to indemnify, defend and hold harmless Dizzion and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees (collectively, the “Dizzion Parties”) from and against any and all claims and demands, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.
Limitation of Liability
IN NO EVENT WILL THE DIZZION PARTIES BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF BUSINESS OR PROSPECTIVE BUSINESS OPPORTUNITIES, PROFITS, SAVINGS, INFORMATION, USE OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEB SITES LINKED TO THIS WEBSITE OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES (INCLUDING THIS WEBSITE), REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, INCLUDING, WITHOUT LIMITATION, LEGAL THEORIES OF WARRANTY, CONTRACT, TORT OR STRICT LIABILITY.
Governing Law
These Terms are made under and will be governed by and construed in accordance with the laws of the State of Colorado, United States of America (other than conflict of law rules).
Miscellaneous
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms without affecting the validity and enforceability of the remaining provisions. These Terms and any other policies or operating rules posted by Dizzion on this Website constitute the entire agreement and understanding between you and Dizzion and govern your use of this Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Dizzion. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Modifications
Dizzion may make revisions to these Terms, the materials at this Website or to the products and services described herein, at any time without notice. By using this Website, you agree to be bound by any such revisions and therefore should visit this page periodically to determine the then-current Terms by which you are bound.
Contact Information
For further information regarding legal issues related to this Website or if you have any questions, please feel free to contact Dizzion at info@dizzion.com.
Last Updated: November 19, 2015