Welcome to the Mountain Goat Software, LLC ("MGS") web site located at www.mountaingoatsoftware.com (the "Site"). MGS makes the Site and the related services on the Site available to you subject to the following terms and conditions in this Agreement ("Terms"). By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use this Site and must exit immediately.
For the purposes of this Agreement the following definitions apply:
- "You" means you, the person using the Site.
- "MGS," "we" or "us" means Mountain Goat Software, LLC.
1. Use of Site. Subject to these Terms, we grant you the personal, limited, revocable, non-exclusive and non-transferable right to use this Site. You may download one temporary copy of the Site on any single computer, and you may print one copy of these materials, for your own personal use only.
2. Proprietary Rights. As between you and MGS, MGS owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and MGS, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to MGS or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
3. Unauthorized Activities. You agree that you will not use the Site or the Site Materials for (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with MGS; (c) attempting to gain unauthorized access to MGS’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; (d) any resale or commercial or institutional purposes, including use of the Site or Site Materials to further the purposes of any library, corporation, governmental entity, or any other institution or entity; (e) any downloading or copying of the Site Materials for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; (f) using the Site to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; or (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. Only you are permitted to access the Site and the Site Materials through your account. MGS may monitor whether your account is being accessed concurrently through multiple devices. Without limiting anything else herein, if MGS discovers concurrent access to the Site or the Site Materials through your account, MGS may, in its sole discretion, suspend or terminate your account and/or your ability to use the Site. You may use the Site and the Site Materials solely for your personal use in a manner consistent with these Terms, and such rights may not be transferred or assigned to any other person or entity. Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of MGS is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to MGS and that in the event of such unauthorized use, MGS shall be entitled to an injunction in addition to any other remedies available at law or in equity.
4. Site Material. While MGS endeavors to keep the Site Material and other content on, in, and through this Site up-to-date, MGS is not responsible for any errors or omissions in the Site Material or content. MGS is not responsible for the accuracy or completeness of any information, text, graphics, forms, links, advertisements, or other items contained within the Site. MGS may make changes to the Site Material, the Site, or the products or services made available in connection with the Site at any time, with or without notice, and makes no commitment to update any of these items.
5. Materials Submitted to the Site. By transmitting or submitting to MGS any suggestions, information, posting to blogs, or message boards, or any other materials to the Site (“User Content”), you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party.
Upon your submission of User Content or other material or information to MGS, you grant MGS a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. MGS shall not be responsible for changes or modifications of any User Content that you submit to MGS. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 14 of these Terms. MGS, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Content that is submitted to MGS.
6. Other Sites. The Site is available for informational purposes only. The Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of such third party links, the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. MGS does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites. MGS does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Site.
9. Disclaimer of Warranty and Liability. THIS SITE AND THE SITE MATERIAL ON AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION WITH THIS SITE, including any software, ARE MADE AVAILABLE ON AN “AS IS” and "as available" BASIS ONLY. USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. MGS MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE AND THE SITE MATERIAL ON AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION WITH THIS SITE, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT, including that the Site will be uninterrupted, timely, secure, or error free, that the Site or its server(s) is free of viruses or other harmful components, that the Site, including the services will be available, or that content created on the Site is secure from unauthorized access. ANY AND ALL INFORMATION PROVIDED BY MGS OR UNDER OR IN CONNECTION WITH THIS SITE IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. MGS makes no warranty regarding any software, goods, services, promotions, or the delivery of any software, goods or services, purchased, accessed or obtained through the Site or advertised through the MGS Site. No advice or information given by MGS, its employees or affiliates shall create a warranty.
10. Limitation of Liability. MGS AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR MGS HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF MGS AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF MGS AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site or with any of these Terms, or feel MGS has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
11. Indemnification. You shall indemnify MGS and its directors, officers, employees, agents, contractors and licensors (“MGS Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to MGS, or any breach by you of these Terms and shall indemnify and hold MGS Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of MGS. MGS or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If MGS or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to MGS, subject to the right of MGS to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
12. Availability. We use reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. We will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You are responsible for obtaining access to the Site and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.
13. Security. MGS uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. MGS will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that MGS shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to MGS via the Site or the Internet, including, for example, personal information such as your name or address.
14. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to MGS, at the address listed in Section 18, a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.
15. Changes; Termination. You agree that we retain the right to amend these Terms and the Site at any time, for any reason, and with or without notice. Your continued use of the Site after any change is made to the Terms signifies your understanding of and intention and agreement to be bound by such change, whether or not you have actual notice thereof. It is your responsibility to monitor these Terms for changes. MGS may suspend or terminate your account and/or your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing MGS with untrue or inaccurate information about yourself, for infringement upon MGS proprietary rights, or for any other reason whatsoever or for no reason.
16. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and MGS with respect to the subject matter hereof, supersede any and all prior and contemporaneous agreements between us, and will be governed by and construed in accordance with the laws of the State of Colorado without reference to its conflict of law rules. By accessing, viewing, or using this Site or the Site Material, you consent to the jurisdiction of the federal and state courts located in the State of Colorado, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by MGS from within the United States. MGS makes no representation that this Site or the Site Material is appropriate or available for use in any location or territory, and access to this Site or the Site Material from locations or territories where it is illegal is prohibited. The waiver or failure of MGS to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms.
17. Severability; Interpretation. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
18. Contact. Mountain Goat, LLC is a Colorado limited liability company, headquartered in Broomfield, Colorado U.S.A. Any questions, comments or suggestions, including any report of violation of this Agreement should be provided to the Administrator as follows:
By E-mail: [email protected]
19. Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, MGS makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of MGS to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
By Postal Mail: 1140 US Hwy 287 Suite 400-108 Broomfield, CO 80020
By E-mail: [email protected]
This Agreement is effective on: February 7th, 2017
This page was last modified on: February 7, 2017
Copyright © 2017 Mountain Goat Software, LLC; All rights reserved.