Terms & Conditions
Scope of and Restrictions on Use.
You agree not to:
- collect information from the Services using an automated software tool or manually on a mass basis;
- use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
- obtain, or attempt to obtain, access to areas of the Site, an Application, or our systems that are not intended for access by you;
- “flood” the Site or an Application with requests or otherwise overburden, disrupt, or harm the Services or our systems;
- restrict or inhibit other users from accessing or using the Services;
- modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or an Application or in the Content; or access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
If you download an Application, you further agree not to:
- copy the Application (except to install one copy on your Mobile Device);
- modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
The Services and Content are owned by Pursuit or its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site and/or an Application are registered and unregistered marks of Pursuit and its licensors. Applications are licensed, not sold, to you. You acknowledge and agree that, as between you andPursuit, Pursuit is and shall remain the sole owner of the Services and the Content (except for your User Content, as defined in Section 5.1 below), including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
Account Registration and Security.
Access to and use of certain Services may require you to register for an account (“Account”). Accounts are available only to individual, natural persons who are adults or, in the discretion of an adult, his or her minor children ages 13 and over. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You may not share your Account with anyone or allow anyone else to access or use your Account, other than your parents or legal guardians who have rights to access and manage your Account if you are a minor. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. If you are a parent or legal guardian, you may permit your child to use the Account instead of you, however you are liable for the activities of your child.
You are responsible for maintaining the confidentiality of your Account information, including your username and password. You agree to immediately notify Pursuit of any unauthorized use of your Account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
User Content and Restrictions.
The Services may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) ideas, information, materials, and other user-generated content (“User Content”) and interact with others through user comment areas, message boards, and similar user-to-user areas. You may not post any User Content that:
- is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy right or right of publicity, or otherwise objectionable;
- promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
- encourages criminal conduct;
- contains false, misleading, fraudulent, or deceptive claims or content;
- gives the impression that it emanates from or is endorsed by Pursuit or any other person or entity, if this is not the case; or contains any virus, malware, spyware, or other harmful content or code.
Rights You Grant to Us.
You hereby grant to Pursuit an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you.
You agree that you are solely responsible for your User Content, and that you have the right to post any User Content that you post on or through the Services. You acknowledge and agree that Pursuit is not responsible for, and does not endorse, any User Content.
No Obligation to Prescreen, Monitor or Use.
Pursuit does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Services. However, Pursuit retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.
Pursuit does not accept or consider unsolicited submissions of any kind (e.g., concepts, creative ideas or suggestions, artwork, photographs, drawings, videos, audiovisual works, or any other materials) in any format, by any means of transmission (including email). This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Pursuit might seem to others to be similar to their own creative ideas, suggestions, or materials. Do not send any unsolicited submissions to Pursuit.
Electronic Communications between You and Pursuit.
The communications between you and Pursuit via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Communications from Participating Organizations and Other Users.
By applying for or registering to participate in an Activity via the Services, you understand and agree that you may receive communications from the applicable Participating Organization and their designees in the normal course of utilizing the Services. You may update your Account settings to stop receiving emails and/or other communications from a particular Participating Organization.
Change and Suspension.
Changes to the Services.
Pursuit reserves the right to make changes to, suspend or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that Pursuit will not be liable to you or to any third party for any such change, suspension, or discontinuance.
Suspension/Termination of Access.
Disclaimers; Limitation of Liability.
Disclaimer of Warranties.
THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND PURSUIT HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER PURSUIT NOR ANY PERSON ASSOCIATED WITH PURSUIT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER PURSUIT NOR ANYONE ASSOCIATED WITH PURSUIT REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 12 may not apply to you.
Pursuit takes claims of copyright infringement seriously. It is Pursuit’s policy to disable and/or terminate the Accounts of users who are repeat infringers. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site or an Application infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:
- your physical or electronic signature;
- identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site or an Application, a representative list of such works;
- identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
- adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
- a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- a statement that the information in your written notice is accurate; and a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated agent to receive DMCA notices is:
5400 Mt Meeker Rd
Boulder CO, 80301
*NOTE: This contact information is for inquiries regarding potential copyright infringement only. For notices sent via email, please include “DMCA” in the email subject line.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Site or an Application is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Third Party Materials.
The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that Pursuit is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality or any other aspect thereof. Pursuit does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
Third Party Platforms.
Pursuit may provide the Services to you through third party websites, operating systems, platforms, and portals, including social networking sites (collectively, “Third Party Platforms”). Additional terms and conditions will apply to you with respect to your use of Third Party Platforms, which are not under Pursuit’s control. Pursuit does not assume any responsibility or liability for your use of such Third Party Platforms.
U.S. Export Controls.
The Applications may be subject to United States export laws, including the including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release any Application to, or make any Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, rules, and regulations, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making any Application available outside the United States.
Pursuit is based in the State of Colorado in the United States. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law; Jurisdiction and Venue.
Limitation on Time to File Claims.
Waiver of Jury Trial.
Waiver and Severability.
3012 Sterling Circle
Boulder CO 80301
Last Modified: April 21, 2017