Please Read Carefully Before Using Our Services
Communications With Us
Peterson's Legal Department 8740 Lucent Blvd. Suite 400 Highlands Ranch, CO 80129 ATTN: Copyrights
Upon receipt by us of notice of claimed copyright infringement containing the information specified above, we will promptly remove the allegedly infringing material from our Services. We shall have no liability to any user of the Services for the removal of any such material.
The Services, any service offered on or through the Services, and the entire contents and software used with the Services, are provided "as is" and “as available” without warranty of any kind whatsoever. We expressly disclaim all warranties, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of performance or course of dealing. We make no warranty or guaranty that the contents of the Services are complete, error-free, or that the site will operate in a manner that is secure (unless otherwise indicated), uninterrupted or error-free, or that the Services are or will be maintained free of viruses or other harmful code. It is up to you to take any and all precautions to ensure that the information you access and use from the Services is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Changes may be made to the contents and software on the Services, and the products and services described within or offered on the site, at any time without notice. We use reasonable efforts to include accurate and up to date information on the site. We are not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; or incomplete, garbled or delayed computer transmissions.
Limitation of Liability
By using our Services, you agree that we will not, for any reason or circumstance, and regardless of legal theory, whether in tort, contract, or otherwise, be liable to you or any other party for any direct, indirect, incidental, consequential, punitive, or any other damages, however caused, and regardless of character, including without limitation lost profits, lost savings, loss of programs or other data on your information handling system or otherwise, even if we have been advised of the possibility of any such damages. The foregoing limitation of liability applies, by way of example but without limitation, to any damages arising out of or in connection with (i) your access to, use of, or inability to use, the site (including any service offered on or through the site), or (ii) any errors or omissions in the content of, or performance of the software on, the site (including any service offered on or through the site). Some jurisdictions do not allow the exclusion of liability for certain types of losses or damages, so such exclusions may not apply to you. However, such exclusions shall be enforceable to the maximum extent permitted by applicable law. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed ten dollars ($10.00).
You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, (including, but not limited to, attorneys’ fees), arising from or related to your (i) use of the Services or (ii) violation of any of these Terms.
Copyrights, Trademarks, and Servicemarks
Peterson’s and its licensors, own and reserve all rights, title and interests in this Website, including all of the software and code that comprise and operate this Website, and all of the text, photographs, images, illustrations, graphics, designs, sounds, video, files and other content posted on, transmitted through or otherwise made available on or through this Website (the “Content”). This Website and its Content are protected under U.S. and international trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws and treaties. No right, title or interest in this Website or its Content are transferred to you under these Terms.
Peterson’s and its licensors own and reserve the copyrights in this Website and its Content. The entire Content of this Website, as a whole, and each page, as a whole, is copyrighted as a collective work under U.S. and international copyright laws and treaties, and Peterson’s owns the copyright to the selection, coordination, arrangement and enhancement of the Content of this Website and each page.
We hereby grant you a limited license to access and use this Website and any portion of the Content to which you have properly gained access, but only for your own personal, non-commercial use (unless the Content is your User Generated Content), and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content (unless the Content is your User Generated Content). The foregoing license is subject to these Terms and does not include use of any data mining, robots (‘bots’) or simiarl data gather or extraction methods. This license is revocable at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content, in whole or in part, by any means, for any purpose other than for your personal, non-commercial use as set forth herein.
All trademarks, tradenames, and service marks displayed on this Website are the registered or unregistered trademarks of Peterson’s or its licensors or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks displayed on this Website without the prior express written permission of Peterson’s or the trademark owner.
Because we have no control over third-party websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services products, or other materials on or available from such websites. You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms do not apply to your use of third-party websites; your use of or reliance on any content, advertising, services products, or other materials on or available from such websites. These Terms do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
In the event that we determine, in our sole discretion, that you have breached any of the Terms, or have otherwise engaged in inappropriate conduct, we may, in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent(s); (iii) terminate your use of the Services; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which we deem to be appropriate.
No Commercial Use
You acknowledge and agree that this Website is for the personal use of you and other visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between you and us by these Terms.
These Terms are effective unless and until terminated by us. We may terminate all or part of the Services at any time without notice to you. Upon any termination of these Terms or the Services, you must promptly destroy all materials downloaded or otherwise obtained from our Services, as well as all copies of such materials.
Law that Governs the Services
Information on the Services includes descriptions of products and services available only in the United States of America. These Terms are governed by and interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any conflicts of laws principles, and venue shall rest exclusively in the courts situated in the State of Colorado, Douglas County. [BS1] If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining Terms.
These Terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising, on the part of either party, any privilege, power or right hereunder will operate as a waiver thereof.