By accessing this website, www.boulderpassion.com, and the materials and information contained herein (collectively, “Site”), you acknowledge that you have read, understand, accept and agree to be bound by the terms and conditions that follow.
The Site content is protected by copyright. All rights in the pages, Site content, and arrangement are owned by Boulder Passion, LLC or its licensors. Users are strictly prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Site content for any other purposes than that of this Site, i.e. providing information about Boulder Passion, LLC.
The trademarks, service marks and logos ("marks") appearing on this Site are the exclusive property of Boulder Passion, LLC or its licensors. Users are prohibited from using any of the marks without the prior written consent of Boulder Passion, LLC. The institution and corporate logos and related marks (e.g. University of Iowa Hawkeye marks, Iowa State Cyclone marks, etc.) are the sole and exclusive property of each respective institution or corporation and cannot be copied or reproduced in any form without the prior consent of the institution or corporation.
Linked Internet Sites
Boulder Passion, LLC is not responsible for the content of any other internet sites linked to this Site. Unless this Site states otherwise, a link to another site is meant for convenience only and does not imply that Boulder Passion, LLC endorses the site or any products or services that it describes. Your access to and use of any other internet sites linked to or from this Site is at your own risk and Boulder Passion, LLC assumes no obligation or liability in connection therewith. Boulder Passion, LLC reserves the right to terminate any link or linking program at any time.
By accessing this Site, you also agree to abide by the proprietary guidelines set forth at any website accessed or linked to through this Site.
Limitation of Liability
While Boulder Passion, LLC uses reasonable efforts to include accurate and up-to-date information on this Site, errors or omissions sometimes occur. Boulder Passion, LLC expressly disclaims any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access to or use of this Site, and/or any other linked websites whether or not Boulder Passion, LLC is aware of the possibility of such damages.
All information on this Site, including but not limited to graphics, text and links to other sites, is provided "as is" and is subject to change without prior notice. Such information is provided, to the fullest extent permissible pursuant to applicable law, without warranty of any kind express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from computer viruses or similar disabling devices.
Boulder Passion, LLC does not warrant the adequacy or completeness of any information on this Site and expressly disclaim any liability for errors or omissions therein. Users are responsible for evaluating the completeness or usefulness of any information or other content available on this Site.
Boulder Passion, LLC does not warrant the error free and uninterrupted service of this Site.
If, notwithstanding the other provisions of these Terms of Use, Boulder Passion, LLC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, Boulder Passion, LLC’s liability will in no event exceed the greater of (1) the total of any purchase(s) you paid to Boulder Passion, LLC in the six months prior to the date of your initial claim made against Boulder Passion, LLC or (2) US$100.00, whichever is greater. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Prohibited Uses
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Boulder Passion, LLC, including any Boulder Passion, LLC account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Boulder Passion, LLC’s systems or networks, or any systems or networks connected to the Site or to Boulder Passion, LLC.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Boulder Passion, LLC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Boulder Passion, LLC or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Boulder Passion, LLC’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Boulder Passion, LLC may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Boulder Passion, LLC makes no commitment to update the materials on the Site with respect to such products and services.
Governing Law and Venue.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Iowa without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and exclusive venue in the District Court in and for Polk County Iowa, (Des Moines), and waive any objection to such jurisdiction or venue.