TERMS AND CONDITIONS OF USE
FOR HERITAGE HIGHWAY 89's WEB SITE
*** IMPORTANT - PLEASE READ CAREFULLY ***

BY USING THIS WEB SITE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS AND NOTICES CONTAINED OR REFERENCED HEREIN (THE "TERMS AND CONDITIONS OF USE"). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEB SITE. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO UPDATE OR CHANGE THESE TERMS AND CONDITIONS OF USE AT ANY TIME. PLEASE PERIODICALLY CHECK THE TERMS AND CONDITIONS OF USE FOR ANY CHANGES. YOUR CONTINUED USE OF THIS WEB SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS AND CONDITIONS OF USE WILL CONSTITUTE ACCEPTANCE OF THOSE CHANGES.

Bushman Web Services ("BWS") owns and maintains this web site as a service to its customers, potential customers, and other interested parties. You may visit us, browse our pages, and download documents, subject to these Terms and Conditions of Use.

USER'S GRANT OF LIMITED LICENSE

By posting or submitting content to this web site, you:

 

1. agree to abide by Bushman Web Services Rules of Conduct, including but not limited to, agreeing not to use this web site for any unlawful purpose.
2. grant Bushman Web Services and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose without compensation or attribution to you; and
3. warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Bushman Web Services will not infringe or violate the rights of any third party.

    

You acknowledge and agree that all content and materials available on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Bushman Web Services, you agree not to sell, license, rent, modify, distribute, copy reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.

Notwithstanding the above, you may print or download one copy of the materials or content on this web site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. However, it is your responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.

Systematic retrieval of data or other content from this web site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Bushman Web Services is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions of Use is prohibited.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Use; or (b) with the prior written permission of Bushman Web Services or such third party that may own the trademark or copyright of material displayed on this web site.

Bushman Web Services may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT

If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Bushman Web Services' copyright agent (identified below) and providing the following information:

 

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the materials used are not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative. Bushman Web Services' agent for copyright issues relating to this web site is to be found at webmaster@bushmanwebservices.com

    

NO WARRANTIES

ALL INFORMATION, DOCUMENTS, SOFTWARE, PRODUCTS, AND SERVICES AND ALL OTHER MATERIALS ("CONTENT") PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT.

BUSHMAN WEB SERVICES AND ITS SUBSIDIARIES AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, CORRECT OR COMPLETE; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL BUSHMAN WEB SERVICES, ITS SUBSIDIARIES OR ITS LICENSORS BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS OF DATA, REVENUE OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF BUSHMAN WEB SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL BUSHMAN WEB SERVICES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EXCEED AMOUNTS YOU HAVE PAID TO BUSHMAN WEB SERVICES DURING THE MOST RECENT THREE (3) MONTH PERIOD FOR USING THIS WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ACCURACY OF CONTENT AND FUTURE MODIFICATIONS TO WEB SITE

The information on this web site may contain errors, technical inaccuracies or typographical errors, and Bushman Web Services makes no guarantee of accuracy or completeness. Bushman Web Services reserves the right to make changes to any Content without obligation to notify any person of such changes.

AVAILABILITY OF PRODUCTS AND SERVICES MENTIONED

Content that Bushman Web Services publishes on this web site may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Bushman Web Services intends to announce or make available such products or services to the general public, or in your country. Consult your Bushman Web Services account representative to determine which products and services may be available to you. Product descriptions and specifications are subject to change. Bushman Web Services may periodically add or update the Content without notice.

INDEMNIFICATION

By using this web site, you agree to defend, indemnify and hold harmless Bushman Web Services and its subsidiaries and other affiliated companies and their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of this web site. Bushman Web Services reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Bushman Web Services in asserting any available defenses.

ADVERTISING

As an advertising customer of the this website you agree to the term of this agreement and furthermore that advertising is for the current year from January 1 through December 31st of the year you are a paid advertiser. Advertising fees are due and payable January 1 of the year you are to be an advertising customer. Fees are not prorated regardless of the number of months you are an advertising customer. All advertising agreements automatically renew each year unless written intent to terminate such agreement is presented to Bushman Web Service no later than 30 days in advance of renewal, this is defined as December 1st of the current advertising year. The advertising customer agrees to pay the published sponsorship fee in full prior to the established January 1st deadline. All fees not paid by February 1st of that year will result in the removal of any and all materials related to your business and advertising. A reinstatement fee of $150 will apply to reinstate your links, web pages or other promotional materials to the website. Once fees are paid they are non-refundable, regardless of any cause for termination of any advertising. Bushman Web Service retains the right to terminate any advertising (and this Agreement), for failure to pay the established advertising fees. Bushman Web Service retains the right to terminate any advertising (and this Agreement), for any business engaging in activities determined to be detrimental to Bushman Web Service, any of it's business activities, to this website or those of it's other advertising customers. Bushman Web Service will provide written 30 day notice of intent to terminate such agreements and the reason for cause of such termination. Advertising fee's are designed to lessen the financial burden of the this website and do not necessarily reflect the total cost of the website operation, activity or item. It is understood that Bushman Web Service retains all copyrights to materials used on this website and advertising on it shall not be  construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Use; or (b) with the prior written permission of Bushman Web Service or such third party that may own the trademark or copyright of material displayed on this web site.

TERMINATION

Bushman Web Services reserves the right, in its sole discretion, to terminate your access to all or part of this web site, with or without notice and at any time.

LINKS TO THIRD-PARTY WEB SITES

This web site may contain links to non-Bushman Web Services web sites. These links are provided to you as a convenience, and Bushman Web Services is not responsible for the content of any linked web site. Any outside web site accessed from the Bushman Web Services web site is independent from Bushman Web Services, and Bushman Web Services has no control over the content of that web site. In addition, a link to any non-Bushman Web Services web site does not imply that Bushman Web Services endorses or accepts any responsibility for the content or use of such a web site.

NO IMPLIED ENDORSEMENTS

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Bushman Web Services of that third party or of any product or service provided by a third party.

INTERNATIONAL USE

Bushman Web Services makes no representation that information on this web site is appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

SUBMISSIONS TO BUSHMAN WEB SERVICES AND AFFILIATED SERVERS

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Bushman Web Services through this web site is the exclusive property of Bushman Web Services. Bushman Web Services is entitled to use any information submitted for any purpose, without restriction (except as stated in Bushman Web Services' Privacy Policy and Children's Privacy Policy) and without compensation to the person sending the submission. You acknowledge the originality of any submission communicated to Bushman Web Services and accept responsibility for its accuracy, appropriateness, and legality.

ENTIRE AGREEMENT

Unless otherwise specified herein, these Terms and Conditions of Use constitutes the entire agreement between you and Bushman Web Services with respect to this web site and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Bushman Web Services with respect to this web site. If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Bushman Web Services may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

CHOICE OF LAW AND FORUM

These Terms and Conditions of Use are governed and interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law. All disputes arising out of or relating to these Terms and Conditions of Use shall be finally resolved by arbitration conducted in the English language in Denver, Colorado, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Colorado. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Bushman Web Services shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Colorado or any other court of competent jurisdiction.

FOR ADDITIONAL INFORMATION

If you have any questions about the rights and restrictions above, please contact Bushman Web Services at webmaster@bushmanwebservice.com