Last Modified: January 20th, 2023
The Site is owned and operated by NexCore Companies LLC (also known as NexCore), who we refer to, together with our affiliates, as “us”, “we” or “our”. When we refer to “you” and “your” in these terms, we are referring to you as a visitor to and user of the Site.
1. ACCEPTANCE OF TERMS
YOU SHOULD CAREFULLY READ THESE TERMS. By accessing, browsing, or using the Site, including by contacting us through the Site, you are creating a binding contract between you and us, and you acknowledge that you have read, understood, and agreed to be bound by these terms. If you do not agree to these terms or to any other policy posted on the Site, you should not access or otherwise use the Site.
We may make changes to the Site or these terms at any time. It is our practice to post any changes we make to these terms on this page, and any changes will be effective once the new terms are posted. It is your responsibility to check these terms for updates. You will be able to determine when these terms were last updated by referring to the “Last Modified” legend at the top. You understand and agree that your continued access to or use of the Site after any posted modification to these terms indicates your acceptance of the modifications, even if you did not take the time to read them.
2. LINKS TO OTHER WEB SITES
3. INTELLECTUAL PROPERTY
You agree that, as between you and us, we own or otherwise have all proprietary rights to all content included on the Site. We also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the content and the Site, which are protected by applicable intellectual and proprietary rights and laws.
You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any Site content without our prior express written consent. You are permitted to use view, print, or download any content from the Site solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You have a limited, non-exclusive and non-transferable license to view, print, and download content from the Site solely for such limited permitted use. Any unauthorized use of the Site and the content immediately and automatically without further action terminates this license. You may not download, republish, retransmit, reproduce, or use in any other way any image on the Site as a stand-alone file (i.e. separate from the article, text, caption, or other graphics used with the image in context on the Site).
The trademarks and logos, and all related names, logos, products and service names, designs and slogans used and displayed on the Site – including the names “NexCore” and “NexCore Group” as well as our logos – are trademarks of us, our affiliates, or third parties with whom we have a business relationship. You may not use such marks without our prior written permission. Further, you may not use any metatags, meta elements, “hidden text” or other equivalents using our name or any variation on our name without our prior written authorization.
You may not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site.
You agree to indemnify and hold us, and our managers, officers, affiliates, volunteers, agents, employees, licensors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post to, or transmit through the Site, your use of the Site, or your violation of these terms.
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
WE ATTEMPT TO DISPLAY THE INFORMATION YOU VIEW ON THE SITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. LIMITATIONS ON LIABILITY
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE AND THE CONTENT OR ANY SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE, IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES.
7. GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
The laws of the State of Colorado (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with the Site and/or these terms shall be brought solely in the State of Colorado. YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THE SITE OR THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
8. INJUNCTIVE RELIEF
In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.