2. This agreement is in effect as of October 28, 2020.
AnewTrek reserves the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
3. Responsible Use and Conduct
a. By visiting this website and accessing the information, resources, services, products, and tools provided, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
b. Wherein, you understand that: In order to access the Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
c. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Resources. Accordingly, you are responsible for all activities that occur under your account(s).
d. Accessing (or attempting to access) any of the Resources by any means other than through the means provided, is strictly prohibited. You specifically agree not to access (or attempt to access) any of the Resources through any automated, unethical or unconventional means.
e. Engaging in any activity that disrupts or interferes with the Resources, including the servers and/or networks to which the Resources are located or connected, is strictly prohibited.
f. Attempting to copy, duplicate, reproduce, sell, trade, or resell the Resources, that are not licensed under Creative Commons ShareAlike, is strictly prohibited. If you do not share the Resources that are licensed as Creative Commons ShareAlike, you are likely missing an opportunity to positively impact others. Please share the Creative Commons ShareAlike Resources.
g. You are solely responsible for any consequences, losses, or damages that AnewTrek may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, and may incur criminal or civil liability.
h. Opportunitytruth.com may provide various open communication tools on the website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally these communication tools are not pre-screened or monitored and neither is the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to the website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
1) Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
2) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
3) Contains any type of unauthorized or unsolicited advertising;
4) Impersonates any person or entity, including any AnewTrek employees or representatives.
i. AnewTrek has the right to remove any content that, it feels does not comply with this User Agreement, along with any content that it feels is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. AnewTrek is not responsible for any delay or failure in removing such content. If you post content that is removed, you hereby consent to such removal, and consent to waive any claim against AnewTrek.
k. You agree to indemnify and hold harmless AnewTrek, any affiliates, and directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. AnewTrek reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under this User Agreement. In such event, you shall provide him with such cooperation as is reasonably requested by him.
4. Limitation of Warranties
a. By using this website, you understand and agree that all Resources provided are "as is" and "as available." This means there is no guarantee or warrant to you that:
1) The use of the Resources will meet your needs or requirements.
2) The use of the Resources will be uninterrupted, timely, secure or free from errors.
3) The information obtained by using the Resources will be accurate or reliable, and
4) Any defects in the operation or functionality of any Resources provided will be repaired or corrected.
5) Any content downloaded or otherwise obtained through the use of the Resources is done at your own discretion and risk.
6) No information or advice, whether expressed, implied, oral or written, obtained by you from or through any Resources provided, shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
7) To the extent any provision of this User Agreement is prohibited or otherwise ineffective, the agreement shall be considered amended to the smallest degree possible.
5. Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against AnewTrek shall be limited to the amount you paid, if any, for use of products and/or services. AnewTrek will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using the Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials that are not Creative Commons ShareAlike, that are available on opportunitytruth.com, including but not limited to text, graphics or images not provided by hosting service, website name, code, videos not provided by third parties, and logos are the intellectual property of and owned by AnewTrek in perpetuity, and are protected by applicable copyright and trademark law in the United States and foreign countries. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by AnewTrek.
7. Disputes and waiver of class actions and class arbitrations
a. A “Dispute” shall mean any dispute, claim or action between you and AnewTrek relating to any Resources, products, or services and shall be interpreted to be given the broadest meaning allowable under law. You and AnewTrek agree that a “Dispute” shall not include trade secret misappropriation, patent infringement, copyright infringement or misuse, and trademark infringement or dilution. You agree that a court, not the arbitrator, may decide if a claim falls within one of these exceptions.
b. You agree to binding arbitration for Disputes, governed and enforced by the Federal Arbitration Act, and this section shall survive termination of these Terms of Service.
c. You may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
d. In the event of a Dispute, you must first send AnewTrek a written notice of the Dispute that explains the name, address and contact information of the party giving the Dispute. The notice must be addressed to AnewTrek, 3472 Research Parkway 104-304, Colorado Springs, CO 80920. You agree to allow AnewTrek 90 days after the Dispute notice is received, to reach an agreement to resolve the Dispute. If no resolution is reached you may commence arbitration proceedings.
e. You agree to only bring Disputes against AnewTrek in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations.
8. Termination of Use
You agree that AnewTrek may, at its sole discretion, suspend or terminate your access to all or part of the website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
9. Governing Law
a. This website is managed by AnewTrek from the state of Colorado in the United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of Colorado, by accessing this website, you agree that the statutes and laws of Colorado, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
b. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in the United States, Colorado. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, AnewTrek EXPRESSLY DISCLAIMS ALL GUARANTEES, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. Contact Information
a. If you have any questions or comments about these Terms of Service as outlined above, you can contact AnewTrek at:
3472 Research Parkway 104-304
Colorado Springs, CO 80920
Last edited on 2022-07-08
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