Cordillera Applications Group

TERMS OF SERVICE

December 7, 2020

1. Acceptance of the Terms of Service

These Terms of Service are entered into by and between you and Cordillera Applications Group, Inc., a Denver C Corporation (“Cordillera”, “we”, “us” or “our”). The following terms and conditions (“Terms”) govern your use to and use of info@cordillera-apps.com and all associated Cordillera web pages, including without limitation all content, materials, information, policies, modifications, updates, enhancements, revisions, new features, and or new web properties of such pages, along with all Website services provided through such websites and web pages (collectively “Website”) whether as a guest or a registered user.

Please read the Terms carefully before you use the Website. By using the Website or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Statement, found at www.cordillera-apps.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Statement, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Cordillera and meet all the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.

2. Purpose.

The Website provides information about Cordillera’s services for your information and educational purposes only; and publications from Cordillera and affiliates (collectively, “Services”).

3. Changes to the Terms of Service.

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in governing law and jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.  You are expected to check this page regularly, so you are aware of any changes as they are binding on you.

4. Accessing the Website.

We reserve the right to withdraw or amend this Website, and any Services or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

5. Prohibited Uses.

You agree to use the Website only for lawful purposes and in accordance with these Terms.  You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

6. INFORMATION DISCLOSURE.

6.1 Disclosure under Law.

Cordillera reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in Cordillera’s sole discretion.

6.2 Providing Correct Personal Information

In the course of using the Website, you may be required to enter certain information, including without limitation personal information (collectively, “Information”). You represent and warrant that you will provide Cordillera with full, true and correct Information, and to update such Information on the Website promptly as reasonably necessary and as required by Cordillera.

7. MATERIALS

7.1 Feedback. If you provide Cordillera with materials such as comments, bug reports, feedback or modifications proposed by you to Cordillera, about the Website, or the goods and/or Services provided through the Website (collectively, “Feedback”), Cordillera will have the right to use such Feedback at Cordillera’s discretion, including but not limited to incorporating such Feedback into the Website and the right to assign, license or otherwise use such Feedback. You hereby give Cordillera a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate such Feedback and use such Feedback for any purpose. No compensation will be paid with respect to the use of your Feedback.

8. REPRESENTATIONS AND WARRANTIES

8.1 User Representations and Warranties.  By using or accessing the Website you represent and warrant that you will comply with all applicable laws, contracts and/or agreements, at your sole expense and liability, in connection with your use of or access to Website.

8.2 Forward Looking Statements.  The Website may contain forward looking statements that are subject to risks and uncertainties that might cause actual results to differ from those foreseen. We wish to caution you that these statements are only predictions and those actual events or results may differ materially. Cordillera assumes no obligation and does not intend to update these forward-looking statements.

8.3 External Links or References.  The Website may contain links or references to other parties’ Website, which are provided as a convenience to you only. Please be aware that we cannot be and are not responsible for the privacy or other practices of any such outside sites (which sites are not part of the Website), and Cordillera expressly disclaims any and all liability related to such sites and sites relating thereto. Cordillera does not endorse, and is not responsible or liable for, directly or indirectly, any damage or loss caused or alleged to be caused by or in connection with any content, marketing, products or other information on or available from such linked sites or any link contained in a linked site. We encourage our users to consider this if they decide to visit such outside sites and to read the applicable Privacy Statement and Terms of each such site.

8.4 Disclaimer of Representations and Warranties.  YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. EFFORTS BY CORDILLERA TO MODIFY THE WEBSITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. WEBSITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH, WEBSITE, ARE PROVIDED “AS IS,” AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF QUIET ENJOYMENT, (5) OF TITLE, (6) THAT THE WEBSITE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES CORDILLERA PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED, OR (8) THAT THE WEBSITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.

8.5 Disclaimer of Liability.  IN NO EVENT SHALL CORDILLERA AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH CORDILLERA, THE “CORDILLERA ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF CORDILLERA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM CORDILLERA’S NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF CORDILLERA ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE WEBSITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE WEBSITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS INDEMNIFICATION SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.

9. INDEMNIFICATION.  You will indemnify, defend (or settle) and hold harmless Cordillera Entities from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory Cordillera, state or federal securities agency or commission, and including reasonable attorney’s fees and all other costs, fees, and expenses (collectively, “Claims”) against any of Cordillera Entities to the fullest extent permitted by law arising out of or in connection with (1) your conduct, provision of content or use of the Website, or such actions by any third party through you, (2) your violation of the rights of another person or party, (3) any Materials provided or made available by you, and (4) any breach or violation by you of your obligations under these Terms, including without limitation any breach of your representations and warranties herein. You will not settle any indemnified claim without the prior written consent of Cordillera, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, Cordillera Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to Cordillera Entities pursuant to this Section.

10. CONFIDENTIALITY. You acknowledge you may acquire Confidential Information from Cordillera. To protect you, your company, Cordillera, and members of the Cordillera we require you to agree to the following:

10.1 “Confidential Information” is defined herein as all confidential and/or proprietary information and trade secrets of a person or entity (“Person”), whether or not memorialized, and in any form or media, regarding the Person or Person’s business, including without limitation those relating to the Person’s financial information, intellectual property, research and development, systems, software, business plans, business operations, strategies, applications, technical information, members, membership lists, customers, customer lists, suppliers, operating policies and procedures, and any third-party information that the Person is required to keep confidential where such information is not generally accessible without a password. “Confidential Information” includes any account passwords.

10.2 You shall not at any time, directly or indirectly, for any purpose, use, copy, or disclose to other users any of Cordillera‘s Confidential Information, or permit others to do so, other than for the purposes expressly allowed hereunder.

10.3 You shall not at any time, directly or indirectly, for any purpose, use, copy, publish, display, or disclose to other users the Confidential Information of a third-party Person with whom you have an agreement that obligates you to keep in confidence the Confidential Information of such Person.

10.4 Cordillera may seek and obtain injunctive relief against the release or threatened release of its Confidential Information, in addition to any other available legal remedies. You shall notify Cordillera immediately if you learn of any unauthorized possession or use of the Confidential Information and will promptly furnish all details of such possession or use to Cordillera.

10.5 You represent and warrant that your use of the Website, does not, and will not breach (i) any agreement that obligates you to keep in confidence the Confidential Information of a third-party Person, including but not limited to agreements with vendors who provide services to Cordillera members.

11.  SITE OWNERSHIP.  The Website and all content, organization, graphics, design, compilation, translation, and other matters related to the Website (collectively, “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The Website and all Content is the property of Cordillera and/or third-party licensors, and all right, title and interest in and to the Website and Content will remain with Cordillera or such third-party licensors. Other product and names mentioned herein may be the trademarks of their respective owners. You do not acquire ownership rights to the Website or any Content other than any rights in the Materials that you may have. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Website or any of the Website content. You may only use the Website and the Content as expressly permitted herein, and any other use is prohibited. Any copying, republication, or redistribution of the Website or Website content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Cordillera and/or the respective intellectual property rights holder identified in the subject content, which consent to be granted or withheld at the sole discretion of the rights holder.

12.  MISCELLANEOUS

12.1 Agreement Binding. In the event that any provision of these Terms is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms will continue in full force and effect.

12.2 Entire Agreement; Language of Agreement. These Terms, including the Cordillera Website Privacy Statement, contain the entire agreement between you and Cordillera with respect to the Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cordillera with respect to the Website. Any rights not expressly granted herein are reserved. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be drawn up in English.

12.3 Survival.  The provisions of the following sections shall survive any termination or expiration of these Terms: Disclosure Under Law, Materials, User Representations and Warranties, Disclaimers, Indemnification, Confidentiality, and Miscellaneous.

12.4 No Waiver.  The failure of Cordillera to enforce any provision of these Terms will not be construed as a waiver or limitation of Cordillera’s right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms.

12.5 Assignment.  No assignment, delegation or other conveyance of these Terms may be made by you (by operation of law or otherwise) without the prior written consent of Cordillera, to be given in its sole discretion. Cordillera may assign its rights and obligations hereunder to any other party.

Inquiries regarding these Terms of Service should be directed to

info@cordillera-apps.com