Terms of Use – 35 Mile Foundation

These Terms of Use (“Terms”) are a legally binding contract between Denver Area Telecommunications Consortium, Inc. d/b/a 35 Mile Foundation (“35 Mile Foundation”) (sometimes “we,” “us” or “our”), and you (“User”) (sometimes, “you” or “your”) concerning your access to and use of 35 Mile Foundation websites, technology platforms, mobile apps, software, infrastructure, systems and/or other service or product offerings provided by 35 Mile Foundation (collectively, the “Sites”). Note that 35 Mile Foundation’s Sites may be provided under additional terms of a separate services agreement, contract, or other terms and conditions (“Additional Terms”), which govern your use of the Sites in addition to (and not in lieu of) these Terms. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall control; provided, however, that the remaining Terms not in conflict with the Additional Terms shall still be given effect.

Acceptance and Modification. By clicking “accept” or by using the Sites, you agree to be bound by these Terms. Do not use the Sites if you do not agree with these Terms. We may change, add, or remove all or portions of these Terms at any time by notifying you of the change in writing or by updating the date above after Last Updated On. Such changes shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Sites. If you are agreeing to these Terms on behalf of an entity, you represent and warrant that you have the legal authority to bind such entity to these Terms and the terms “you” and “your” refer to the entity.
Rules of Conduct.
1. Without 35 Mile Foundation’s prior written consent, you shall not: access any portion of the Sites or use the Sites if 35 Mile Foundation has revoked or terminated your access or use; use the Sites except in compliance with all applicable agreements between you and 35 Mile Foundation, including these Terms and Additional Terms, and in accordance with all applicable law; use any robot, spider, service, software, or any manual or automatic device, tool, or process designed to data mine or scrape content, data, or information from the Sites; cache or archive the Sites or any 35 Mile Foundation Content (defined below), except for a public search engine’s use of spiders for creating search indices; use any services, software, or any manual or automatic device, tool, or process to circumvent or attempt to circumvent any restriction, condition, or technological measure that controls access to the Sites; or do anything that could disable, damage, or change the functioning or appearance of the Sites.
2. In your access or use of the Sites, you shall not: knowingly mislead any person; engage in or attempt to engage in any unfair or deceptive trade practices; impersonate anyone else or otherwise misrepresent your identity, affiliation, or status; create, upload, transmit, distribute, or store any Visitor Content (defined below) that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable; impersonate any person or entity, falsely claim an affiliation with any person or entity, access the Sites or accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Sites, or perform any other similar fraudulent activity; (f) send junk mail or spam to users of the Sites, including without limitation unsolicited advertising, promotional materials, or other solicitation material that is beyond what 35 Mile Foundation would ordinarily allow or facilitate on the Sites, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities; (g) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Sites or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence; (h) interfere with or damage the operation of the Sites or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, files or programs that disrupt the Sites; (i) attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Sites that you are not authorized to access; or (j) use the Sites in any way that infringes any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
Online Account.
1. To access some portions of or use the Sites, you may be required to create an account. If you create an account, you agree to provide us with complete and accurate information and to keep this information up to date. This may include, but is not limited to, your name, email address, telephone number, company name, company website, directory listings, social media profiles, password, and credit card or ACH transfer information (provided, however, that nothing in this section shall indicate that such collection takes place, and the information practices described in the Privacy & Cookie Policy shall control).
2. Unless expressly permitted in writing by 35 Mile Foundation, you may not sell, rent, lease, share, or provide access to your account on the Sites to anyone else, including without limitation, charging anyone for access to administrative rights on your account. 35 Mile Foundation reserves all available rights and remedies to prevent unauthorized use of the Sites, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. If you provide any information or take actions that do not satisfy these provisions, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your user account and refuse current or future use of the Sites.
Availability of Sites; Inaccessibility of Sites. We will use reasonable efforts to provide the Sites on a 24 hours a day, seven days a week basis. From time to time the Sites may be inaccessible or inoperable for any reason, including equipment malfunctions, maintenance, or causes beyond our reasonable control or that are not reasonably foreseeable.
35 Mile Foundation Content. The information, material, and other content available on or through the Sites (“35 Mile Foundation Content”) are protected by copyright and owned or controlled by 35 Mile Foundation or 35 Mile Foundation’s business partners or service providers. You shall abide by all copyright notices, information, or restriction applicable to any 35 Mile Foundation Content. You may not modify or display any 35 Mile Foundation Content without 35 Mile Foundation’s prior written consent.
Visitor Content and Community Guidelines.
1. If you post or upload any information, materials, or other content to the Sites, or otherwise provide information, materials, or other content to 35 Mile Foundation, or otherwise transmitted over the Sites (“Visitor Content”), you represent and warrant to 35 Mile Foundation that you have all the necessary legal rights to post, upload, or provide the same and it will not violate any law or the rights of any person.
2. You are solely responsible for your Visitor Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the Visitor Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Visitor Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your Visitor Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your Visitor Content specifically does not contain any pre-release or non-public beta software or content or any confidential information of 35 Mile Foundation or third parties. To the extent any third party requires you to have a license or other rights to use their services or offerings as Visitor Content, you are solely responsible for securing all such rights and permissions, and 35 Mile Foundation shall have no liability in the event such rights or permissions are inadequate or nonexistent. In the event a third party claim asserts or involves an allegation that Visitor Content violates, infringes, or misappropriates any third party rights to copyrights, trademarks, trademark applications (including intent-to-use applications, trade names, moral rights, trade secrets, patents, patent applications, inventions, invention disclosures, know-how, designs, or other items commonly recognized as intellectual property under the laws of the United States or any other authority, you shall (1) provide the indemnification required herein; and (2) (i) procure for 35 Mile Foundation the right to continue using the Visitor Content; (ii) replace or modify the Visitor Content so that it becomes non-infringing; or (iii) take any other actions reasonably requested by 35 Mile Foundation, at 35 Mile Foundation’s sole discretion. 35 Mile Foundation reserves all rights and remedies against any users who breach these representations and warranties. You grant 35 Mile Foundation the right and license to use any Visitor Content for the purposes for which it was provided.
3. 35 Mile Foundation may use reasonable security measures to attempt to protect Visitor Content against unauthorized copying and distribution. However, 35 Mile Foundation does not guarantee that any unauthorized copying, use, or distribution of Visitor Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that 35 Mile Foundation shall not be liable for any unauthorized copying, use, or distribution of Visitor Content by third parties and release and forever waive any claims you may have against 35 Mile Foundation for any such unauthorized copying or usage of the Visitor Content, under any theory. THE SECURITY MEASURES TO PROTECT VISITOR CONTENT USED BY 35 Mile Foundation ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO BREACH, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
4. You agree that your Visitor Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Sites, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Sites, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not 35 Mile Foundation, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Sites.
5. To the fullest extent permitted by applicable law, 35 Mile Foundation reserves the right, without obligation, to remove, screen, or edit any Visitor Content posted or stored on the Sites at any time and without notice, including where such Visitor Content violates these Terms or applicable law, and you are solely responsible for creating backup copies of and replacing any Visitor Content you post or store on the Sites at your sole cost and expense. Any use of the Sites in violation of the foregoing or the remainder of this section violates the Terms and may result in, among other things, termination or suspension of your rights to use the Sites.
Links to Third-Party Sites. The Sites may contain links to third-party websites that are not owned or controlled by 35 Mile Foundation. 35 Mile Foundation assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. We are not responsible for the accuracy, relevancy, copyright or other IP compliance, legality, security, or decency of, nor do we endorse, material contained in sites to which you link from the Sites. We have not reviewed, and cannot review, all of the material, including computer software made available through the websites and webpages to which we link, and that link to the Sites. By using the Sites, you release and discharge 35 Mile Foundation from any and all liability arising from your use of any third-party websites. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of websites and web pages linked through our Sites.
Disclaimer of Representations and Warranties.
1. Your use of the Sites is at your own risk and the Sites are provided “as is,” “as available,” and “with all faults.” 35 MILE FOUNDATION disclaims, and you do not receive, any representations or warranties, express or implied, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose.
2. You represent and warrant that you have not relied on any oral or written statements made by 35 MILE FOUNDATION or any third-party about the Sites or these Terms, except as expressly set forth herein. You agree that any oral or written statements made by 35 MILE FOUNDATION which are not expressly set forth herein do not create a representation or warranty with respect to the Sites or these Terms.
Limitations of Liability and Other Claim Limitations.
1. 35 MILE FOUNDATION shall not be liable to you for any indirect, special, incidental, consequential, exemplary, liquidated, or punitive damages, or for damages for lost profits, lost revenue, or lost business, arising out of or related to these Terms or your use of the Sites. 35 MILE FOUNDATION’s liability to you arising under or related to these Terms is limited to $50.00.
2. In no event will 35 MILE FOUNDATION be liable for your attonreys’ fees or other costs associated with any dispute between you and 35 MILE FOUNDATION, and you agree not to claim, seek, or collect the same from 35 MILE FOUNDATION. 35 MILE FOUNDATION shall not be liable to you for circumstances beyond its reasonable control, including actions of the government, mail providers, telecommunications providers, or other third parties, sabotage, fire, flood, pandemic, or weather.
3. You agree that any cause of action arising out of or related to the Sites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
4. The limitations, exclusions, and disclaimers in this Section 9 and elsewhere in these Terms apply to the maximum extent permitted by applicable law. To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the above limitation or exclusion may not apply.
Indemnification. You shall indemnify, defend, and hold harmless 35 Mile Foundation and its members, managers, officers, contractors, employees, agents, and consultants (the “Indemnified Group”) from and against any and all actions, suits, proceedings, claims, liabilities, damages, losses, judgments, and expenses, including reasonable attorneys’ fees and costs, made or claimed by a third party arising out of or related to your the breach of these Terms and your violation of any contract or tort rights of any third party or the Indemnified Group that arises out of or relates to these Terms.
Intellectual Property.
1. Intellectual Property Generally.
  1. 35 Mile Foundation logos, and any other product or service name, logo, or slogan used by 35 Mile Foundation, the look and feel of the Sites, including all page headers, custom graphics, button icons, and scripts, intellectual property rights in the Sites, including database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and any other similar rights wherever existing together with the right to apply for protection of the same (“Protected IP”), are trademarks, trade dress, or protected intellectual property of 35 Mile Foundation, and may not be used in whole or in part in connection with any product or service that are not 35 Mile Foundation’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 35 Mile Foundation, without our prior written permission. Any use of Protected IP must be in accordance with this section.
  2. All other trademarks referenced in the Sites are the property of their respective owners. Reference on the Sites to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation. To the extent 35 Mile Foundation ever grants express permissive use for any 35 Mile Foundation’s intellectual property, 35 Mile Foundation reserves the right to cancel, modify or change any such permissive use at any time in its sole discretion.
  3. You may not: (i) use the Protected IP in a way that suggests an affiliation, partnership, sponsorship or endorsement by 35 Mile Foundation; (ii) combine Protected IP as part of a name of a product or service; (iii) include Protected IP in editorial content that suggests it’s been authored by, or represents the views or opinions of 35 Mile Foundation; (iv) present Protected IP in a manner that is misleading, defamatory, libelous, obscene, infringing, or in a manner that violates the Terms; (v) present Protected IP in a manner that infringes the trademark, copyright or any other rights of a third-party; (vi) infringe, derogate, dilute, or impair the rights of 35 Mile Foundation in the Protected IP; (vii) modify the Protected IP in any way, such as changing the color of the design, icons, or otherwise; or (viii) use Protected IP on your own promotional material without our express written consent via separate agreement.
  4. Any display of Protected IP, including on any item you post Visitor Content to, shall include the following: “THIS CONTENT, PAGE AND/OR ACCOUNT USES THE SITES BUT IS NOT ENDORSED, CREATED, CERTIFED, WARRANTIED OR GUARANTEED BY 35 MILE FOUNDATION.”
  5. 35 Mile Foundation reserves the right to change the appearance of the Protected IP at any time without notice. Any use of the Protected IP shall inure to the benefit of 35 Mile Foundation. By using the Protected IP pursuant to 35 Mile Foundation’s approval, you acknowledge 35 Mile Foundation’s ownership of all Protected IP and warrant that you will not take any action which is inconsistent with 35 Mile Foundation’s ownership. Strict compliance with these guidelines is required at all times, and any use of the Protected IP in violation of these guidelines will automatically terminate any license related to your use of the Protected IP.
  6. Moreover, without permission from the rights of other holders of intellectual property unless otherwise permitted by law, you may not share other’s copyrighted content or protected intellectual property, including but not limited to goods or services protected by trademark.
2. Intellectual Property Complaints. 35 Mile Foundation will respond to claims of alleged copyright infringement. If you believe your copyrighted work has been infringed, please notify 35 Mile Foundation’s copyright agent. Please include the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located, on the Sites or elsewhere; your contact information, including your address, telephone number, and e-mail address; and a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law.

Your notice must be submitted to:

35 Mile Foundation
PO Box 329
Fort Collins, CO 80522
legal@35mile.org

Third-Party Content and Offerings.
1. Third Party Content Generally; Reference Sites.
  1. In addition to the Visitor Content, 35 Mile Foundation may provide other third-party content on the Sites (“Third-Party Content”). 35 Mile Foundation does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. Therefore, we are not responsible for any Third-Party Content on the Sites.
  2. You are responsible for deciding if you want to access or use third-party websites or applications that link from the Sites, or otherwise contact individuals or entities appearing on the same (“Reference Sites”). 35 Mile Foundation does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
  3. By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to 35 Mile Foundation or its employees, you acknowledge and agree that 35 Mile Foundation shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
2. Feedback.
  1. We welcome your comments and feedback regarding the Sites. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to 35 Mile Foundation (collectively, “Comments”) are not confidential and will become and remain 35 Mile Foundation property. The disclosure, submission or offer of any Comments will constitute an assignment to 35 Mile Foundation of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. 35 Mile Foundation may use or exploit any feedback you provide about the Sites in any manner it so chooses.
  2. SIMILARLY, AND FOR THE AVOIDANCE OF ANY DOUBT, 35 MILE FOUNDATION WILL TREAT ANY PUBLIC-FACING POSTINGS, FEEDBACK, EMAILS OR SUGGESTIONS YOU PROVIDE TO US AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE. YOU ARE NOT REQUIRED TO USE YOUR REAL NAME IN MESSAGE BOARD POSTINGS AND THE DECISION TO DO SO IS MADE AT YOUR SOLE DISCRETION.
  3. Additionally, by submitting Comments you irrevocably grant us the right to use your Comments in connection with the username you provide for any commercial or non-commercial purpose, including to post such Comments as testimonials on our Sites. Herein “use” means display, copy, distribute, modify, adapt, publish, incorporate into other works, create derivative works, and allow third-party sites and services who obtain Comments from us to do the same. You hereby represent and warrant that Comments submitted by you do not violate any right of any third party (including intellectual property rights), and do not contain any libelous, abusive, obscene or otherwise unlawful material.
3. Social Media and Other Public Postings.
  1. “Your Content” means content you post online on any social media platform wherein we are tagged or mentioned, including text, usernames or handles, hashtags, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material related to your post. By posting such content, we may promote and share Your Content through our Sites, email, social media, and any other digital channel in conjunction with the promotion and marketing of our Sites. You irrevocably grant us, and our licensed third parties, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, promote, and commercialize Your Content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating you in any way, and to authorize others to do the same. We are not responsible for the use or disclosure of any personal data that you voluntarily disclose in connection with Your Content that you license to us in connection with this section. You represent and warrant that you are at least eighteen (18) years old and have all rights necessary for you to grant the licenses granted herein, including but not limited to the rights of publicity and privacy for any person, including minors where parental permission is required, featured in Your Content and the copyright and photographic rights in Your Content.
  2. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Content that you may have under any applicable law under any legal theory. Finally, you waive any and all claims against 35 Mile Foundation relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity and warrant that you own or are authorized to grant all rights and permissions granted herein.
Termination of Access. We reserve the right at any time in our sole discretion, and without prior notice or liability to you or any third party, to modify, amend, restrict, suspend, deny or terminate your access or the access of all users to the Sites. Such termination may include your ability to post Visitor Content, and may be for any reason or no reason at all. Termination of a license to use the Sites does not constitute termination of these Terms.
Electronic Transactions. You agree that your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us.
General Terms.
1. Required Hardware and Services. Your use of the Sites may require that you own or have access to a computer, mobile device, broadband internet access, and third-party software and certain hardware, among other things. You are solely responsible for obtaining and maintaining these items and 35 Mile Foundation is not liable for any failure or delay caused by such items.
2. Disputes. These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to such jurisdiction’s conflict of laws principles. Any action, suit, or proceeding brought by either party to interpret or enforce any provision of these Terms shall be brought only in a state or federal court located in Denver, Colorado. Each party submits to the jurisdiction and venue of such courts and waives any objection to which it otherwise might be entitled regarding such jurisdiction or venue. Each party hereby waives any right it has or may have to a jury trial in any action, suit, or proceeding arising out of or related to these Terms. You may not seek to have a dispute arising under or relating to these Terms heard as a class action, a representative action, or in any proceeding in which you act in a representative capacity. Any action, suit, or proceeding arising out of or related to these Terms shall be solely in your individual capacity.
3. Notices. All notices given under these Terms shall be in writing and will be effective when received by the party to whom directed. All notices shall be delivered by hand or sent by certified mail, return receipt requested, addressed to the party’s address on file, or via email, with confirmation of receipt, addressed to the party’s email address as provided by such party.
4. Relationship. No agency, partnership, joint venture, or employment is created as a result of these Terms.
5. Entire Agreement. These Terms state the entire agreement between you and 35 Mile Foundation with respect to the Sites and the other subjects addressed herein and supersede and replace all previous discussions, negotiations, and agreements.
6. Waiver. The failure of 35 Mile Foundation to insist upon the performance of any provision of these Terms or to exercise any right or privilege hereunder will not be construed as waiving such provision or any other provision hereof.
7. Severability. If any provision of these Terms are held to be invalid or unenforceable, the parties intend that the provision be enforceable to the maximum extent permitted under law and therefore desire and request that the court reform the invalid or unenforceable provision to render it enforceable to the maximum extent permitted. If the court refuses to modify or reform the provision, then the provision shall be severed from these Terms with no effect upon the remaining provisions hereof.
8. Interpretation. The word “including” means “including without limitation.” These Terms shall not be interpreted against 35 Mile Foundation.

Personal Information. By using the Sites, you acknowledge that 35 Mile Foundation may collect, store, use, and share certain information about you in accordance with the Privacy & Cookie Policy available on the Sites.