TERMS AND CONDITIONS
Last Updated: February 8th, 2017
TERMS OF SERVICE
Before using any of the The Colorado Mycology Society services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE The Colorado Mycology Society SERVICES (“SERVICES”). BY USING THE The Colorado Mycology Society SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT The Colorado Mycology Society’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
Description Of Service
The Site is an online service that offers chat, email, call and text support to owners and operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content The Colorado Mycology Society makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of The Colorado Mycology Society. The Colorado Mycology Society reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
The Colorado Mycology Society service does not support multi-site WordPress installations. Only one WordPress site per account is currently supported.
As a condition to using Services, you are required to open an account with The Colorado Mycology Society and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your The Colorado Mycology Society account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Do not reveal your Account information to anyone else. Keep this and all personal information confidential. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify The Colorado Mycology Society of any security breach of your Account. The Colorado Mycology Society shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your The Colorado Mycology Society account.
Services are available only to legal entities and to individuals who are at least 18 years old.
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the The Colorado Mycology Society Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
You agree that you will pay for the Services, and that The Colorado Mycology Society may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING The Colorado Mycology Society WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.
Prices for the Services may change at any time at The Colorado Mycology Society’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
USE OF SERVICES AND RENTED CONTENT
You agree that the Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by The Colorado Mycology Society and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. The Colorado Mycology Society reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by The Colorado Mycology Society for compliance purposes, and The Colorado Mycology Society reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to The Colorado Mycology Society. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge The Colorado Mycology Society, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless The Colorado Mycology Society, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or The Colorado Mycology Society Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
LIMITATION OF LIABILITY
In no event shall The Colorado Mycology Society be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common lawor with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
The Colorado Mycology Society, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY The Colorado Mycology Society OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The Colorado Mycology Society, Lodoweb.com and other The Colorado Mycology Society graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of The Colorado Mycology Society. The Colorado Mycology Society’s intellectual property may not be used in connection with any product or service without the prior written consent of The Colorado Mycology Society. Notwithstanding the foregoing, the images and icons available in the The Colorado Mycology Society Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the The Colorado Mycology Society Site.
The Colorado Mycology Society reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, The Colorado Mycology Society will notify you by posting an announcement on the site. What constitutes a material change will be determined at The Colorado Mycology Society’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind The Colorado Mycology Society in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Colorado Mycology Society shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond The Colorado Mycology Society’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Colorado Mycology Society may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Colorado between two residents thereof, the parties submit to the exclusive jurisdiction of Colorado courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.