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CURRENT TERMS OF USE:

About Peterson's

Please Read Carefully Before Using Our Services

Peterson’s LLC (“we”, “our”, or “us”) operates the Peterson’s mobile device application(s) and the Website petersons.com (the "Website") and versions of the Website, including co-branded and/or framed versions of the site with third parties that refer to these Terms of Use in a link (collectively, “Services”). Access to and use of our Services are subject to these Terms of Use (“Terms”), our Privacy Policy and all applicable laws. By accessing any areas of the Services, you agree to be bound by these Terms. If you do not agree to all of the Terms, please do not use the Services. We may revise these Terms from time to time by updating this Web page. Your use of our Services following any such changes constitutes your agreement to follow and be bound by the Terms as revised. If any change is unacceptable to you, your only recourse is to terminate your use of the Services. We may also change, move portions of, delete portions of, or add to the Services from time to time. This Website and the Services are only intended for customers in the U.S. You may use the Website and our Services only if you can form a binding contract with us, and only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Website or Service by anyone under 13 is strictly prohibited and in violation of these Terms of Use. THESE TERMS OF USE CONTAIN A CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ THESE TERMS OF USE CAREFULLY.

Communications With Us

Except as indicated in a secure area of the Services, any information or communication, including but not limited to remarks, suggestions, ideas, questions, or comments, transmitted to us via the Services or Internet electronic mail, is our exclusive property of and is not confidential. WE CANNOT GUARANTEE THE CONFIDENTIALITY OF TRANSMISSIONS OVER THE INTERNET (UNLESS OTHERWISE INDICATED), INCLUDING ANY TRANSMISSION OF PERSONAL INFORMATION BY YOU TO US. Unless otherwise stated, we are entitled to use any information or communication submitted for any purpose without restriction (including but not limited to reproduction, publication, disclosure, broadcast, posting and compilation of such information or communication or developing products and services incorporating the same) or compensation to the person sending the submission. The person sending such submission acknowledges the originality of any submission communicated to us and accepts entire responsibility for its accuracy, appropriateness and legality (including without limitation compliance with any federal or state intellectual property statutes, regulations and common law rules). It is our policy to respect the privacy of individuals who use our Services. Our Privacy Policy, which you may view using the navigation below (the “Privacy Policy”), is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy. If you use our Services in a manner that requires you to set up an account with a user name and password, you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer. You agree to accept all risk and responsibility for all activities that occur under your user name and password. Any use by you of another user’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (including, but not limited to, use for mass marketing purposes) is prohibited. Any such use shall be deemed to be a violation of these Terms. The Services are to be used by you for your personal use only. Commercial uses of the Services are strictly prohibited unless prior written consent from us has been granted. You agree that you will not use our Services for chain letters, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind, including but not limited to, distribution lists to any person who has not given specific permission to be included in such a list. You represent and warrant to us that nothing submitted by you to the Services shall contain any content which (i) is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable, (ii) violates any law, rule or regulation, (iii) infringes, misappropriates or otherwise violates any copyright, trademark or other intellectual property right, right of privacy, right of publicity or any other right of any entity or person, (iv) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, (v) advertises or otherwise solicits funds or is a solicitation for goods or services or (vi) encourages the use of controlled substances. We reserve the right to delete any such material from our Services. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Peterson’s. You further agree not to use an inappropriate user name of any kind. You acknowledge and agree that you may not upload, post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution. If you believe that your copyrighted work or the copyrighted works of others have been infringed, please send a written notification of claimed infringement to our copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the allegedly infringing material is located on the Services; (iv) your telephone number, address and e-mail address; (v) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Peterson’s agent for notice of claims of copyright infringement on the Services is:

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.

Warranty Disclaimer

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).

Indemnification

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

Intellectual Property

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.

Copyright

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.

Copyright License

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.

Trademarks

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.

External Links

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.

Remedies

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

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between you and us by these Terms.

Termination

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.

CLASS ACTION WAIVER. ALL CLAIMS MUST BE BROUGHT IN THE FILING PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER PARTY. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will proceed in court, with the rest proceeding in arbitration. If any provision of Class Action Waiver section is found to be illegal or unenforceable, that provision will be severed but the rest of these Terms of Use still apply.

Entire Agreement

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.