thecornersofbrookfield.com Terms of Use

Last Updated: August 1, 2021

Thank you for visiting thecornersofbrookfield.com, which is owned by I.M Properties PLC and operated by Placewise LLC (Placewise), a Colorado limited liability company. These Terms of Use (“Terms”) govern your use of the website or application that links to these Terms (individually and collectively, “Service”). “Service Owner,” “we,” “us,” and “our” refer to Brookfield Corners, LLC. If you have any questions about this Service or these Terms, please contact us using the following information:

The Corners of Brookfield
20111 W. Bluemound Road
Brookfield, WI 53045

(262) 784-2555

Your Acceptance of These Terms
1. These Terms apply to all users of this Service. By using this Service you are agreeing to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use this Service.
2. The Service is intended for use by residents of the United States (“U.S.”) or non-residents that agree to use the Service in accordance with U.S. laws, these Terms, and our Privacy Policy which is hereby incorporated by reference. By using the Service, you further represent and warrant that you (i) are located inside the U.S., (ii) are located outside the European Union (“EU”) and agree to be bound by U.S. laws, and (iii) are over the age of 16. You may not use the Service from the EU or if you are under the age of 16. Use of and access to the Service is void where prohibited.
Your Acceptance of Our Privacy Policy
By agreeing to these Terms, you agree to the terms of our Privacy Policy. Before using this Service, please carefully review our Privacy Policy. All Personal Information provided to us as a result of your use of this Service will be handled in accordance with our Privacy Policy.
Your Consent to Other Agreements
We may also require you to follow additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of this Service, to participate in certain promotions or activities available through this Service, to purchase goods or services on a marketplace, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these Terms, the terms of the click-through agreement will supplement or amend these Terms, but only with respect to the matters governed by the “click-through agreement.”
Ownership of this Service and its Content
1. This Service, including all content not generated by you (“Content”) are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Service Owner or are included in the Service with the permission of the rights owner, protected pursuant to applicable copyright and trademark laws.
2. The presence of any Content on this Service does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Service. Except as otherwise provided in these Terms, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
3. We hereby grant you, to the extent necessary to lawfully access and use this Service, a time-limited, revocable, non-exclusive, non-transferrable, license to display, download, or print portions of this Service on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
Responsibility for User-Generated Content Posted on or Through this Service
1. You are responsible for User-Generated Content that you post. “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other Content that you post on or through this Service using the social networking tools we make available to you and that does not constitute Feedback (defined below). One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others who visit this Service. Examples of User-Generated Content include comments posted to discussion boards or beneath stories available on this Service. You agree that under no circumstances will we be liable in any way for any User-Generated Content.
  
  This means that you, not Service Owner, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms, an obligation of confidentiality, or the rights of others, including trademark, copyright, trade secret, patent, or any other intellectual property right. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permissions to post it.
2. You own User-Generated Content, but we may use it. You represent that you own the copyright or are a licensee in any User-Generated Content you post on the Service. We do not claim any copyrights in User-Generated Content. However, by using this Service you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize the User-Generated Content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same.
3. We may disclose and/or remove User-Generated Content .We reserve the right (but do not assume the obligation) to monitor all User-Generated Content. We reserve the right (but do not assume the obligation) to remove or block any User-Generated Content at any time without notice at our sole and absolute discretion. We reserve the right to disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Service Owner or others, or to enforce these Terms. In addition, we reserve the right (but do not assume the obligation) to terminate your access to and use of this Service or any part thereof, or to censor, edit or block your transmissions thereto in our sole discretion.
4. Restrictions on User-Generated Content. On the Service, you may not:
  - Upload, post, transmit or otherwise make available:
    - any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or otherwise objectionable or invasive of another’s privacy;
    - any User-Generated Content that constitutes or promotes any illegal activity or promotes violence, including, without limitation, any User-Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
    - any User-Generated Content that is false, misleading, or fraudulent;
    - any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
    - any request for or solicitation of any personal or private information from any individual;
    - any request for or solicitation of money, goods, or services for private gain;
    - any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
    - any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
  - impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  - violate any local, state, national or international law, rule or regulation.
Your Feedback
“Feedback” refers to the User-Generated Content you post on or through this Service that is specifically about how we can improve this Service and the products and services we make available through this Service. Although we do not claim ownership of User-Generated Content you post using this Service, the Feedback you provide to us through this Service will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Removal of Content
1. In general.On certain pages of this Service, we may provide to you a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable User-Generated Content and other objectionable Content by contacting us using the information provided above. While we do not have any obligation to remove Content from this Service merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms and applicable law. Please be aware, however, that if the Content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the Content we remove from this Service may remain on back-up servers.
2. Violation of copyrights. Service Owner does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
  
  If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Service or has been otherwise copied and made available on this Service in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include:
  - an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
  - a description of the copyrighted work that you claim has been infringed;
  - a description of where the material that you claim is infringing is located on this Service (including the URL, title and/or item number if applicable, or other identifying characteristics);
  - your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner; and
  - a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  - a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  Your statement must be addressed as follows:
  
  The Corners of Brookfield
  20111 W. Bluemound Road
  Brookfield, WI 53045
  
  Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Trademarks. The Service Owner names and logos, all product and service names, all custom graphics, all button icons, and all trademarks, service marks and logos appearing within this Service, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Service Owner (the “Service Owner Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Service are the property of their respective owners. You are not authorized to display or use the Service Owner Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Service without the prior written permission of such owners. The use or misuse of the Service Owner Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms are reserved by Service Owner.
Terms of Purchase, Returns, Refunds, & Damages.
1. Purchase. We reserve the right to refuse any order you place on the Service. We may, in our sole discretion, limit or cancel quantities or products purchased per person, per household, or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
2. Pricing. Prices for goods and services are subject to change without notice. All prices are in U.S. dollars and are exclusive of any applicable local, state, or federal taxes. Shipping and handling fees, if any, will be reviewable prior to submitting your order.
3. Payment. All payments through the Service are processed using a third-party processor. You acknowledge that Service Owner is not liable for any breaches of credit card or debit card security or privacy by such third-party processor. You authorize Service Owner and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of a Service. You represent and warrant that you are the only one who will make payments in connection with the Service, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid on the Service are nonrefundable.
4. Shipping. If you select the shipping option at checkout, Service Owner or its service provider will ship purchases through the Service to the address specified in the shipping address section of the order form. Shipments will be made via standard ground service unless otherwise specified at the time of purchase. The time period from order to delivery will vary depending on location. You may have goods shipped only to addresses located within the United States.
5. Returns & Refunds. The below is Service Owner’s return policy and sets forth the only circumstances in which you are entitled to a return or refund for goods or services purchased. Any deviation by Service Owner from this policy in its sole discretion will not constitute a waiver of such policy.
Your Obligations
1. In consideration of your use of this Service, you agree that to the extent you provide personal information (as defined in the Privacy Policy) to Service Owner it will be true, accurate, current, and complete and that you will update all personal information as necessary. You may not use any aliases or other means to mask your true identity. You grant Service Owner ownership of all De-identified or Aggregated Information created therefrom, as further described and defined in the Privacy Policy.
2. To the extent you create an account through this Service (an “Account”), you understand and agree that any Account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all Account activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided above. Until we are so notified you will remain liable for any unauthorized use of your Account. We may suspend or terminate your Account or Service access at any time with or without notice in our sole subjective discretion.
3. You agree to use this Service in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Service any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. You may not resell use of, or access to, the Service to any third party without our prior written consent. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Service is strictly prohibited. We reserve all rights and remedies available to us.
DISCLAIMERS
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SERVICE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SERVICE. THIS SERVICE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SERVICE OWNER, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SERVICE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SERVICE OWNER, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SERVICE; (C) THAT THE CONTENT OF THIS SERVICE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SERVICE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SERVICE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SERVICE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

SERVICE OWNER DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED SERVICE OWNER SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF SERVICE OWNER. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER-GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER-GENERATED CONTENT IN THESE TERMS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST USING THIS SERVICE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER-GENERATED CONTENT YOU MAY ENCOUNTER IN CONNECTION WITH YOUR USE OF THIS SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ON BEHALF OF SERVICE OWNER, I.M Properties PLC AND THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS OF EACH (THE “RELEASED PARTIES”), WE EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.

This Service gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Links to Third-Party Web Services
This Service may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those 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. Service Owner 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 such websites is subject to the terms and policies of the owner of such websites.

Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Service (or any portion thereof) and/or the information, materials, products and/or services available through this Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Service.

Waiver
Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Service Owner of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

Severability
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
Governing Law, Jurisdiction and Venue
1. These Terms will be governed under the laws of the State of Colorado without regard to its conflicts of law provisions.
  
  ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS OF USE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. YOU MAY ONLY REQUEST ARBITRATION, ON YOUR OWN BEHALF AND ON AN INDIVIDUAL BASIS, PROVIDED THAT THE ARBITRATOR, UPON OUR REQUEST ONLY, MAY CONSOLIDATE THE ARBITRATION PROCEEDING WITH ANY OTHER ARBITRATION PROCEEDING RELATING TO THESE TERMS IF IT DETERMINES THAT (I) THERE ARE ISSUES OF FACT OR LAW COMMON TO THE TWO PROCEEDINGS SO THAT A CONSOLIDATED PROCEEDING WOULD BE MORE EFFICIENT THAN SEPARATE PROCEEDINGS, AND (II) NO PARTY WOULD BE PREJUDICED AS A RESULT OF SUCH CONSOLIDATION THROUGH UNDUE DELAY OR OTHERWISE. YOU HEREBY WAIVE ANY RIGHT TO OBJECT TO OR OPPOSE SUCH CONSOLIDATION. BY AGREEING TO THESE TERMS YOU ARE WAIVING YOUR RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATION SHALL BE CONDUCTED IN DENVER COUNTY, COLORADO.
  
  FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE TERMS AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE TERMS, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN DENVER, COLORADO.
  
  ANY CLAIMS ASSERTED BY YOU IN CONNECTION WITH THE SERVICE MUST BE ASSERTED IN WRITING TO US WITHIN ONE (1) YEAR OF THE DATE SUCH CLAIM FIRST AROSE, OR SUCH CLAIM IS FOREVER WAIVED BY YOU.
2. Our Service is provided from the United States of America and all servers that make it available reside in the U.S. The laws of other countries may differ regarding the access and use of the Service. We make no representations regarding the legality of this Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.
Indemnity
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Released Parties and each of their affiliated companies, contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners from and against any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Service, any User-Generated Content you post, store, or otherwise transmit in or through the Service, your violation of the rights of any third party, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Service Owner of any third-party claim, and Service Owner reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify a Released Party, and you agree to cooperate with Service Owner’s defense of these claims. Service Owner will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
These Terms May Change
We reserve the right to update or modify these Terms at any time, without prior notice. Your continued use of this Service after we have posted the revised Terms constitutes your agreement to be bound by the revised Terms. For your convenience, whenever these Terms are changed, we will alert you by posting a notice on our home page for sixty days. We will also update the “Last Updated” date at the top of this page. If more than sixty days go by between your visits to this Service, be sure you check the Last Updated date to see if these Terms have been revised since your last visit. You may access the current version of these Terms at any time by clicking on the link marked “Terms” at the bottom of each page of this Service.
Entire Agreement
These Terms (together with our Privacy Policy and any click-through agreements applicable to you) contain the entire understanding and agreement between you and Service Owner with respect to this Service and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Service Owner with respect to this Service and your use of this Service.

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