PRODUCTS AND SERVICES
Among other things, GoldenGator LLC makes rental listings available to its clients through this Site. Such Materials may contain information, statements and statistics that have been obtained from sources believed to be reliable but are not guaranteed as to accuracy or completeness. In any case, GoldenGator LLC is not responsible for any errors and delays in accessing its Services or other technical problems within or beyond its reasonable control.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
In addition to the Materials and Services offered by GoldenGator LLC, this Site may also make available materials, information, and services provided by third parties (collectively, the "Third Party Services"). The Third Party Services may be governed by separate license agreements that accompany such services. GoldenGator LLC offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by GoldenGator LLC. You agree that you will not hold GoldenGator LLC responsible or liable with respect to the Third Party Services or seek to do so.
INTELLECTUAL PROPERTY; LIMITED LICENSE FROM USERS
You understand that all listings, messages, text, files, images, photos, video, audio or other materials (Content) syndicated to, posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of GoldenGator LLC. You are also fully responsible for any Content you syndicate to, transmit through, or post on the Site and to the consequences of any such Content. By syndicating, posting, or transmitting Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to GoldenGator LLC an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that GoldenGator LLC, in its sole discretion, may delete any Content for any reason.
SITE ACCESS AND CONDITIONS OF USE
GoldenGator LLC grants you access to this Site. However, to access the Services, you must have an Account. You can create an Account by completing the registration process. The rights granted to you constitute a license and not a transfer of title.
Some portions of the Site may only be accessed if you subscribe to the Subscription Services offered by GoldenGator LLC. You may use this Site, the Materials and the content for your private, non commercial use only. You may not reproduce, retransmit, disseminate, sell, publish, broadcast or circulate any of this information without the express written consent of GoldenGator LLC. No right or interest in any copied or downloaded content is transferred to you as a result of any copying or downloading. GoldenGator LLC reserves full intellectual property rights in any content copied or downloaded from this Site, including the right to revoke the authorization to view, download, and print the content available on this Site at any time. You agree to treat all information obtained from the Site as proprietary to GoldenGator LLC. Any unauthorized use terminates the permission for access or license granted by GoldenGator LLC.
Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. In addition, you may not modify or alter the site's infrastructure design or content in any way. You may not delete or change any copyright or trademark notice. You may not reverse engineer, or create derivative works based on the Site, its Materials, or Services or their selection and arrangement, except as expressly authorized herein.
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another's account, password, service, or system without authorization from GoldenGator LLC; not to access or attempt to access any content which you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
As stated above, you may use this Site, the Materials and the content for your private, non commercial use only. Notwithstanding the foregoing, under fair use you may quote from this Site, the Materials and the content a single copy of a single chart, slide, or portion of text that is less than a paragraph long, provided that each is identified as "Source: GoldenGator LLC" and provided that the excerpted information from this Site, the Materials and the content are not used for commercial gain, such as in marketing, public relations, or sales materials, in any form. This Site, the Materials and the content may not be used in any way that compromises the objectivity of GoldenGator LLC or the privacy of our clients. In addition, you assume responsibility for the proper citation of sources with respect to any excerpted information and shall hold GoldenGator LLC harmless with respect for the lack of proper citation.
GoldenGator LLC will make reasonable efforts to keep your account and the Subscription Service(s) operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty four (24) hours in advance of any downtime that we anticipate will exceed one hour.
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of GoldenGator LLC or other third parties. You are not permitted to use the Marks without the prior written consent of GoldenGator LLC or such third party that may own the Marks. In addition, you are not permitted to use any current or future GoldenGator LLC product names or trade names in connection with any product or service that does not belong to, is not owned by, or endorsed by GoldenGator LLC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GoldenGator LLC.
The Site may contain links to websites operated by other parties. GoldenGator LLC provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of GoldenGator LLC, and GoldenGator LLC is not responsible for the content available on the other sites. Such links do not imply GoldenGator LLC's endorsement of information or material on any other site and GoldenGator LLC disclaims all liability with regard to your access to and use of such linked websites.
Unless otherwise set forth in a written agreement between you and GoldenGator LLC, you must adhere to GoldenGator LLC's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with GoldenGator LLC's and/or its licensors' names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with GoldenGator LLC, (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking Site, and (iv) GoldenGator LLC reserves the right to revoke its consent to the link at any time and in its sole discretion.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
This Site could include technical or other mistakes, inaccuracies, or typographical errors. GoldenGator LLC may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and GoldenGator LLC makes no commitment to update such Materials or Services. You understand and acknowledge that (i) GoldenGator LLC does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (ii) GoldenGator LLC makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) GoldenGator LLC shall not be liable or responsible for any content, products, or services offered by third parties.
GOLDENGATOR LLC DOES NOT AND CANNOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GOLDENGATOR LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOLDENGATOR LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
APPLICABLE LAW AND JURISDICTION
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in the City of Denver, State of Colorado and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction, except that, to the extent you have in any manner violated or threatened to violate one or more its intellectual property rights, GoldenGator LLC may seek injunctive or other appropriate relief in any state or federal court in the State of Colorado, and you consent to exclusive jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You may terminate your subscription to any of the Subscription Service(s) to which you have subscribed at any time by selecting the appropriate link provided by GoldenGator LLC. Once you have terminated the Subscription Service to which you have elected to subscribe, we will stop billing your credit card until and unless you re-subscribe to a Subscription Service. All fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate the Subscription Service to which you have subscribed. Termination of such Subscription Service shall not relieve you of any obligations to pay accrued charges and the remaining balance for the remainder of the Initial Term.
In addition, GoldenGator LLC reserves the right, at any time, to change its subscription fees and billing methods, including the addition of supplemental fees or separate charges for Materials or Services provided by GoldenGator LLC, effective upon ten (10) days notice to you at your designated email address. If any such change is unacceptable to you, you may terminate the Subscription Service to which you have elected to subscribe by selecting the appropriate link provided by GoldenGator LLC.
YOUR CONTINUED USE OF THE SUBSCRIPTION SERVICE(S) FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO FEES OR BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. -
All questions concerning this Agreement should be directed to customerservice@GoldenGator.com or by mail to: GoldenGator LLC, 8753 Yates Drive, Suite 240, Westminster, CO 80031.