DATE LAST MODIFIED: June 4, 2018
CHANGES TO SERVICES, AGREEMENT AND/OR WEBSITE
Cherokee Park Ranch may amend any part of this Agreement at any time, and the amended terms will be effective 2 days after initial posting at the Website. In addition, Cherokee Park Ranch may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Website at any time in its sole discretion. Further, Cherokee Park Ranch may discontinue disseminating any portion of information or category of information and/or may change or eliminate any transmission method. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND WEBSITE. YOUR CONTINUED USE OF THE SERVICES OR WEBSITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT OR ANY UPDATED VERSION OF THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS. You should review this Agreement periodically to ensure you become aware of changes which are made to this Agreement by Cherokee Park Ranch from time to time.
CHEROKEE PARK RANCH’S ROLE
You acknowledge that Cherokee Park Ranch is not, unless expressly otherwise set forth within the Website, a manufacturer of any item subject to a Listing. Your communications with manufacturers and/or distributors are solely your responsibility, and any issue which may arise between you and a manufacturer or distributor, whether such issue involves a Listing or any other matter, is to be resolved between you and such manufacturer or distributor without the involvement of Cherokee Park Ranch. You agree that Cherokee Park Ranch shall not be liable for any damages or costs of any type arising out of or in any way connected with your purchase and/or use of any material, product, kit, machine, component or product from the Website or otherwise through Cherokee Park Ranch. As such, you shall not name Cherokee Park Ranch or any of its officers or equity holders as a party in any litigation or arbitration arising out any communications or transactions with a manufacturer or distributor.
For purposes of clarity, because Cherokee Park Ranch is not a manufacturer, Cherokee Park Ranch does not make, and should not be construed as having made, any representation or warranty of any kind concerning any products or components described in any Listing or Posting, including without limitation any representation or warranty regarding the quality, safety or legality of such materials or products, or the truth or accuracy of any descriptions associated with any Listing or Posting. Additionally, Cherokee Park Ranch makes no representation or warranty of any kind as to the willingness or ability of either a buyer, manufacturer or distributor to complete a sale or any other transaction.
By submitting a question on any page within the Website, posting a Listing or Posting and/or making any submission to the Website, you hereby understand and agree that you have established a business relationship between you and Cherokee Park Ranch, which is the owner of the Website. As such, you agree that Cherokee Park Ranch may contact you using contact and/or other information you provided with information, surveys and offers of services available through Cherokee Park Ranch, the Website or any other website owned or operated by Cherokee Park Ranch or an affiliate of Cherokee Park Ranch from time to time. You hereby consent to any such communication, phone calls or e-mails even if your phone number is on any Do Not Call list or if your e-mail is on any other restricted access list. In the event you wish to opt out of receiving any such communications from Cherokee Park Ranch, please send an e-mail to email@example.com to be removed from this list.
Cherokee Park Ranch hereby grants you a non-exclusive, nontransferable, revocable limited license to access and use the Website and its contents, strictly in accordance with this Agreement and solely for the permitted uses described in this Agreement. This license and authorization is not a transfer of title in any content posted at the Website and is subject to strict compliance with the rules and other terms of this Agreement.
WEBSITE ACCESS AND LISTING RULES
In return for the license and authorization Cherokee Park Ranch grants you in this Agreement to use the Website, you agree to abide by all the terms of this Agreement and any additional restrictions displayed on the Website, as and when they are updated from time to time, including, without limitation, the rules in this Section. This Section includes certain activities that are expressly not permitted on this Website. Inclusion of these prohibited uses is not intended and should not be construed to modify any description of permitted uses in this or any other Section of this Agreement and you may not construe the fact that a particular activity is not described as a prohibited use in this Section as an indication of permission to engage in that activity if it is not consistent with the permitted uses. Cherokee Park Ranch reserves the right to remove any Listing or Posting, block the sending of any inquiry or other content it deems inappropriate in its sole discretion, and may terminate your or any other user’s access to the Website at any time in its sole discretion for any or no reason. While Cherokee Park Ranch reserves the right to monitor all Listings and Postings, and/or content posted at the Website, it has no obligation to do so.
Permitted Uses. You may use the Website only in good faith for your own use for the purposes described herein. You may download and print out portions of the content from the Website for non-commercial purposes provided that you follow the rules in this Agreement.
Distribution. Except as expressly permitted under other provisions of this Agreement, you may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Website, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose without Cherokee Park Ranch’s express prior written consent and approval (which consent may be withheld at Cherokee Park Ranch’s sole discretion).
Website Functionality. You may not remove, disable, defeat, or change any functionality or the appearance of the Website or any of the content included on the Website.
Interference. You may not interrupt or attempt to interrupt or otherwise interfere with the operation of the Website in any way.
Derivative Works. You may not create compilations or derivative works of the Website, the Website content or any other materials from the Website.
Transfer. You may not transfer the Website content to any other person unless you have received all consents necessary from Cherokee Park Ranch (which consents may be withheld at Cherokee Park Ranch’s sole discretion) and, in addition, you give such other person notice of and they agree to accept the obligations arising under this Agreement.
Infringement. You may not use the Website, the Website content, or any other materials from the Website in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of Cherokee Park Ranch or any third party. For purposes of clarity, you may not post any Item or sell any Item to which you do not have the full and unfettered right to sell without the consent of any third party (except to the extent you have all necessary rights from such third party).
Software. You may not (i) decompile, disassemble, or reverse engineer any of the Website’s software, (ii) use any network monitoring or discovery software to determine its architecture, or (iii) use any robot, spider or other automatic device or manual process to monitor materials available on the Website.
Information Distribution. You may not use the Website or any communications service, chat room, message board, blog, forum, newsgroup, software library, or other interactive service that may be available to you on or through the Website to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data or other information, that:
contains explicit or graphic descriptions or accounts of sexual acts, including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals;
you are restricted from using under contractual restrictions or fiduciary obligations, including, without limitation, inside information and proprietary and confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements;
you are restricted from using under any law;
infringes upon the intellectual property rights of any third party; or
contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functions of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any other party.
Other Prohibited Uses. You may not use the Website for any purpose that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or otherwise violates Cherokee Park Ranch’s rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other classification protected by law;
invades any person’s or entity’s privacy or other rights;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
misidentifies yourself or impersonates any person or entity, including, without limitation, any employee or representative of Cherokee Park Ranch, or falsely states, implies, or otherwise misrepresents your affiliation with a person or entity by, for example, pretending to be someone other than yourself or pretending to represent a company or organization that you are not affiliated with or authorized to represent; or
could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.
Others’ Personal Information. You may not use any automatic or manual process to harvest, collect or store information about other users of the Website or its services or use any such information for any purpose whatsoever without Cherokee Park Ranch’s express prior written consent and approval (which consent may be withheld at Cherokee Park Ranch’s sole discretion). In any event, you may not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.
Harm to Minors. You may not take any action on the Website or use the Website content to harm minors in any way.
Data Collection. You may not access the Website for data mining or extract any content from the Website for any purpose other than your personal use as described in this Agreement.
Commercial Database. You may not use any portion of the Website or any of the Website content as a component of or to develop, in any media, an information storage and retrieval system, database, infobase, or similar information resource that is offered for commercial distribution of any kind, including, without limitation, through sale, license, lease, rental, subscription, or any other distribution mechanism.
Sharing. You may not make any portion of the Website, including, without limitation, the Website content, available through any timesharing system, service bureau, the Internet, or any other technology, without Cherokee Park Ranch’s express written consent and approval (which consent may be withheld at Cherokee Park Ranch’s sole discretion).
Identifiers. You may not forge headers or otherwise manipulate identifiers on the Website in order to disguise the origin of any Website content transmitted through the Website.
Securities Laws. You may not intentionally or unintentionally violate any applicable local, state, national or international law relating to securities and other aspects of business ownership, including, without limitation: (i) regulations promulgated by the U.S. Securities and Exchange Commission, (ii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, and the NASDAQ, and (iii) any other similar regulations that have the force of law.
Solicitation. You may not use the Website or any Website content to solicit business or to advertise any product or service, or in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations.
Export. You may not export or re-export the Website, any of the Website content, or any software available on or through the Website in violation of the export control laws and regulations of the United States.
Certain portions of the Website may be limited or restricted to registered members or may otherwise require that you provide certain information. By using any such service or portion of the Website, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain and promptly update the accuracy of the information; (c) the person submitting information to Cherokee Park Ranch is 18 years of age or older; and (d) your use of such services does not violate any applicable law or regulation. You may not share your passwords with any third party or otherwise provide access through your account to any restricted area of the Website. Cherokee Park Ranch shall have the right to terminate or limit your access to any restricted area in its sole and absolute discretion at any time and for any reason. You agree to notify Cherokee Park Ranch immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You are solely responsible for your interactions with other companies and/or individuals through the Website or in connection with the Website.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Website are: Copyright © 2018 Cherokee Park Ranch, Inc. All rights reserved. “Cherokee Park Ranch” is a service mark of Cherokee Park Ranch. Other product, material and/or company names mentioned herein or within the Website may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of Cherokee Park Ranch (which consent may be withheld at Cherokee Park Ranch’s sole discretion) or the applicable copyright holder (which consent may be withheld at the sole discretion of such holder), modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Website or otherwise owned by Cherokee Park Ranch or any of its licensors. This Agreement shall not be deemed to transfer from Cherokee Park Ranch to you (i) any of Cherokee Park Ranch’s or its licensors’ intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by Cherokee Park Ranch, or (ii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement.
In exchange for your use of the Website, you hereby grant to Cherokee Park Ranch an unlimited, irrevocable, fully-paid, transferable, non-exclusive worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform and display any content, photographs or other materials you post to the Website or any forum contained in the Website, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. You may remove your content from the Website at any time. If you choose to remove such content, the license granted above (a) will automatically continue with respect to any content used by Cherokee Park Ranch as permitted above, and (b) will expire with respect to any such content not used by Cherokee Park Ranch; however, you acknowledge that Cherokee Park Ranch may retain archived copies of your content. Cherokee Park Ranch does not assert any ownership over your content, any Listing or any Posting; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated therewith subject to the license granted herein.
DISCLAIMERS AND LIMITATIONS
Cherokee Park Ranch intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein or on the Website may be made by Cherokee Park Ranch at any time. THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS, WHERE IS AND AS AVAILABLE.” CHEROKEE PARK RANCH AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS, MATERIALS AND SERVICES PROVIDED WITHIN OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, OR (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE, THE SUBMISSION OF ANY INQUIRY OR ANY OTHER USE OF CHEROKEE PARK RANCH’S SERVICES. USE OF THE WEBSITE AND/OR CHEROKEE PARK RANCH’s SERVICES IS AT YOUR OWN RISK. CHEROKEE PARK RANCH IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE AND/OR CHEROKEE PARK RANCH’s SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHEROKEE PARK RANCH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In all events, the aggregate liability of Cherokee Park Ranch, its owners and agents for any reason and upon any cause of action, whether in contract, tort or otherwise, shall not exceed the amount of fees paid by you to Cherokee Park Ranch during the 3-month period immediately preceding the date on which the applicable claim arose. If you are a resident of the state of Colorado or otherwise subject to the laws of the state of Colorado, to the extent the above exclusion of implied warranties or limitation of liability is not allowed or permissible under any Colorado law or statute, such exclusion and/or limitation, as applicable, shall not apply to you.
UNAVAILABILITY OF SERVICE OR WEBSITE
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the Services. While it is Cherokee Park Ranch’s objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website may operate slowly from time to time, including without limitation access to Listings or Postings. You understand and acknowledge that due to circumstances both within and outside of the control of Cherokee Park Ranch, access to the Website and/or Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Cherokee Park Ranch shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT CHEROKEE PARK RANCH SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND/OR SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE AND/OR SERVICE.
RELEASE AND INDEMNITY
Release. Without limiting the generality of the disclaimers set forth in this Agreement, you hereby waive and release Cherokee Park Ranch, Cherokee Park Ranch’s licensors, subsidiaries, and affiliates and each of their respective past and present equity owners, directors, managers, members, shareholders, officers, employees, agents, contractors and representatives, successors and assigns (collectively, “Cherokee Park Ranch Releasees” and individually a “Cherokee Park Ranch Releasee”) from any damages and claims of any sort, whether direct or otherwise, that arise out of or result from your use of the Website, the Website content and any Services offered through the Website, including, without limitation, any dealings or transactions between you and third parties (i) from whom or which you obtain any information, goods, Items or services through the Website, or (ii) to whom or which you sell Items or materials on account of communications initiated through the Website.
Indemnity. You will indemnify and hold harmless the Cherokee Park Ranch Releasees against any claim or demand made by any third party and any damages, costs, liabilities and expenses, including, without limitation, attorneys’ fees, any indemnified party incurs as a result of such a claim or demand arising out of (a) any content you submit or post to or transmit through the Website, (b) your use of or connection to the Website, the Website content or the Services offered through the Website, (c) your violation of this Agreement or your violation of any rights of another person, (d) any activity carried out by another person using your account or password with your knowledge or (e) any product liability or other liability associated with any product, Item or material you purchase from a manufacturer or distributor. You shall, upon the request of Cherokee Park Ranch or its insurer, take over the defense of any claim against any Cherokee Park Ranch Releasee without cost or expense to any Cherokee Park Ranch Releasee, it being understood, however, that each Cherokee Park Ranch Releasee may retain its own counsel and participate in any such claim for the further protection of its/his/her interests.
THIRD PARTY CONTENT
a. General. The Website and the Website content may contain or provide access to content provided by third parties, including, without limitation, information, blog posts, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Website (“Third Party Content”) that may include content you find to be offensive, indecent or objectionable. The third party from whom Third Party Content originates is solely responsible for it and Cherokee Park Ranch assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, Cherokee Park Ranch has no liability of any kind to you or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation, and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless Cherokee Park Ranch expressly states in writing to the contrary, Cherokee Park Ranch neither endorses nor adopts as its belief any such statements. Cherokee Park Ranch provides information in articles Cherokee Park Ranch posts or links to through the Website only for educational and general informational purposes and not as professional advice. Cherokee Park Ranch has made no attempt to verify any information contained in such articles.
b. Advertisers. The Website may include advertisements or offers for access to information, goods and services provided by third parties. Your correspondence or business dealings with or participation in promotions of advertisers on or through the Website, including, without limitation, payment for and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. Cherokee Park Ranch makes no representations about and disclaims any and all liability to any person for any such information, goods and services. Cherokee Park Ranch does not (i) endorse any advertiser, (ii) provide advice on which advertiser to select, (iii) guarantee any advertiser’s information, goods or services, or (iv) act as your general contractor, agent or adviser.
c. Links. As a convenience to you, the Website may contain links to websites that are owned and operated by third parties that are not affiliated with Cherokee Park Ranch. When you use these links, you will leave the Website and Cherokee Park Ranch will have no ability to protect your interests. You visit linked websites at your own risk and it is your responsibility to take any protective measures to guard yourself and your computer against viruses and other destructive elements. Cherokee Park Ranch is not responsible for and, unless it expressly states otherwise in writing, makes no warranty or representation regarding and does not endorse any linked website or any service, product or information provided on or through the linked website. Inclusion of hyperlinks to linked websites on the Website does not imply (i) that Cherokee Park Ranch sponsors, endorses, or is affiliated or associated with the linked website, (ii) that Cherokee Park Ranch is legally authorized to use any trademark, trade name, logo, service mark, copyright symbol, legal or official seal, or other proprietary designation or symbol displayed in or accessible through the links, or (iii) that the operator of any linked website is authorized to use any trademark, trade name, logo, copyright symbol, or other proprietary designation in which Cherokee Park Ranch or any of its affiliates has any ownership or licensee interest.
ERRORS AND DELAYS
Neither Cherokee Park Ranch, any supplier or licensor or any owner or agent of any such person or entity is responsible for any errors or delays in responding to an inquiry, question or submission, including, without limitation, those caused by (i) an incorrect e-mail address or telephone number provided by you, (ii) the failure of any individual to timely respond to a question or submission, or (iii) technical problems.
Any claim or controversy arising out of or relating to the use of the Website, to the goods, programs or services provided by Cherokee Park Ranch, to any Items purchased through the Website or to any acts or omissions for which you may contend Cherokee Park Ranch is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time. The arbitration shall be venued in Larimer County, Colorado. The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to Cherokee Park Ranch. The direct costs of arbitration payable to the arbitration service shall be paid by Cherokee Park Ranch (which excludes, for purposes of clarity, your attorneys’ fees and your other expenses associated with the arbitration).
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Larimer County, Colorado. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages, as limited, however, by the Disclaimers and Limitations Section of this Agreement, and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND CHEROKEE PARK RANCH WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable and are subject to very limited review by a court. By using the Services or accessing the Website, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Cherokee Park Ranch, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Larimer County, Colorado. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees from the non-prevailing party.
If you are a resident of the state of Colorado or otherwise subject to the laws of the state of Colorado, any limitation of liability, mandatory arbitration, provision which would require one party to pay another party’s attorneys’ fees or legal costs, exclusion of warranties or disclaimers or other provision that is not allowed or permissible under any such law or regulation shall not apply to you. For all other individuals, any limitation of liability, mandatory arbitration, provision which would require one party to pay another party’s attorneys’ fees or legal costs, exclusion of warranties or disclaimers or other provision that is not allowed or permissible under your state laws or regulations shall not apply to you.
This Agreement, together with any other policies or agreements posted at the Website from time to time, constitutes the entire agreement between you and Cherokee Park Ranch and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Cherokee Park Ranch with respect to the Website and information, software, products, materials, programs and Services associated with it. Cherokee Park Ranch and you are intended to be independent contractors, and nothing in this Agreement shall be deemed to establish any relationship of partnership, joint venture, employment, franchise or agency between Cherokee Park Ranch and you. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Cherokee Park Ranch’s contact information, should you need to contact Cherokee Park Ranch for any reason, is:
Cherokee Park Ranch 436 Cherokee Hills Drive, Livermore, CO 80536 USA
If you believe that your intellectual property or work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Cherokee Park Ranch’s Agent for Notice with the following information in English (Your “Notice”):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
In some circumstances, in order to notify the individual or entity who or which provided the allegedly infringing content to which Cherokee Park Ranch has disabled access, Cherokee Park Ranch may forward a copy of a valid Notice including name and email address to such individual or entity. Cherokee Park Ranch’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: