Welcome to our website. The Shoot Out Boulder, Inc. (“We”, “us”, or “The Shoot Out Boulder”) makes its websites located at www.theshootoutboulder.com and shootoutboulder.com/blog available for general information and for the use of its customers (each a “Website”).
2. Grant of Rights and Limitations – Use of the Website.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Websites in a manner that sends more request messages to the The Shoot Out Boulder servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, The Shoot Out Boulder grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. The Shoot Out Boulder reserves the right to revoke rights granted herein either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use the communication systems provided by the Websites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Client profiles or User Content.
3. User Content.
The Shoot Out Boulder does not claim any ownership rights in the User Content. You retain any rights in such User Content that you may have. You hereby grant to The Shoot Out Boulder a non-exclusive, fully-paid and royalty-free, with a right to sublicense, transferable, worldwide and irrevocable license to use, modify, publicly perform, publicly display, reproduce, distribute, and otherwise exploit such User Content for any purpose whatsoever.
You are solely responsible for the User Content that you post on or through the Websites, any material or information that you transmit to other Users or Clients and for your interactions with other Users or Clients, and the consequences of posting or publishing such User Content. The Shoot Out Boulder does not endorse and has no control over the User Content. The Shoot Out Boulder does not guarantee any confidentiality with respect to any User Content. User Content is not necessarily reviewed by The Shoot Out Boulder prior to posting and does not necessarily reflect the opinions or policies of The Shoot Out Boulder. The Shoot Out Boulder makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other Users or Clients. The Shoot Out Boulder does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and The Shoot Out Boulder expressly disclaims any and all liability in connection with User Content.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Shoot Out Boulder all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage The Shoot Out Boulder or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of any portion of the Website, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the The Shoot Out Boulder Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the The Shoot Out Boulder Website or the Content therein.
You understand that when using the Websites, you will be exposed to User Content from a variety of sources, and that The Shoot Out Boulder is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Shoot Out Boulder with respect thereto, and agree to indemnify and hold The Shoot Out Boulder, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
4. The Shoot Out Boulder Content.
The Websites contains content including without limitation, text, software, scripts, software code and tools, graphics, poll results, aggregated information, photos, sounds, music, videos, interactive features, that is owned or licensed by The Shoot Out Boulder (“The Shoot Out Boulder Content”). The Shoot Out Boulder Content is protected by copyright, trademark, patent, trade secret and other laws, and as between The Shoot Out Boulder and you, The Shoot Out Boulder owns and retains all rights in the The Shoot Out Boulder Content.
5. Clients and Client Profiles.
In order to access some features of the Website, you must be a Client and set up a Client account (“Account”). You may not use another Client’s Account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on or in association with your Account, and you must keep your Account password secure. You must notify The Shoot Out Boulder immediately of any breach of security or unauthorized use of your Account. Although The Shoot Out Boulder will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of The Shoot Out Boulder or others due to such unauthorized use.
6. Copyright Policy.
The Shoot Out Boulder does not permit copyright infringing activities and infringement of intellectual property rights on its Websites, and The Shoot Out Boulder will remove all User Content if properly notified that such content infringes on another’s intellectual property rights.
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Shoot Out Boulder’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, 3107 B, 28th Street, Boulder, CO 80302, email: info@TheShootOutBoulder.com, telephone: 303-641-7228. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to The Shoot Out Boulder customer service through the contact us link. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
7. Warranty Disclaimer.
THE WEBSITES ARE PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF THE WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SHOOT OUT BOULDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES, ALL CONTENT, AND YOUR USE THEREOF INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. THE SHOOT OUT BOULDERMAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THE SHOOT OUT BOULDERWEBSITE.
8. Limitation of Liability.
IN NO EVENT SHALL THE SHOOT OUT BOULDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS OR LOST DATA, RESULTING FROM THE WEBSITES OR CONTENT, EVEN IF THE SHOOT OUT BOULDERHAD BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGE. THE SHOOT OUT BOULDERWILL HAVE NO LIABILITY FOR (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THE SHOOT OUT BOULDERWEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE SHOOT OUT BOULDER’S TOTAL CUMULATIVE LIABILITY ARISING FROM THE WEBSITE OR CONTENT WILL BE LIMITED TO US$50.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE SHOOT OUT BOULDERSHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Websites are controlled and offered by The Shoot Out Boulder from its facilities in the United States of America. The Shoot Out Boulder makes no representations that the The Shoot Out Boulder Website is appropriate or available for use in other locations. Those who access or use the The Shoot Out Boulder Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Indemnity; Release.
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against The Shoot Out Boulder and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with you use of the Websites. If you are a California resident, you waive your rights, whether known or unknown, under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.