Terms of Use

terms-of-use
Welcome to RockyMountainTechLine.com (the "Site"), a news and information website provided by Publishing Technology Enterprises, Inc. (“PTE”). Your use of the Site will be subject to the terms of this Terms of Use Agreement. The agreement may change from time to time. Use of the Site after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SITE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.

As a condition of your right to use and contribute to the Site, you represent that you are of legal age to enter into a binding contract or that you have the permission of your parent or legal guardian to use and contribute to this Site, and that you are not a person barred from visiting the Site and accessing the Content under the laws of the United States or your country.

Our Privacy Policy describes the information we collect when you and others use this Site, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

Description of Site

RockyMountainTechLine.com features a wide array of intellectual property content, including but not limited to, articles, information, photos, audio, video, comments, and other content (collectively "Content"). When any new Content, services, or features are added to the Site in the future, they will also be subject to these Terms of Use.

PTE does not guarantee continuous, uninterrupted or secure access to the Site, that operation of the Site will not be uninterrupted or error free, and that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Participation and Conduct

During the term of this Agreement, PTE grants to you a terminable at-will non-exclusive license to use and display the Site, and to download materials available through the Site, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted. Framing refers to the use of HTML framesets to display the information from one website within another website.

If you wish to register on our Site you agree to provide accurate, current and complete personal data and information about yourself as required by the applicable Site registration form, and you agree that you will update such data to keep it accurate, current and complete. PTE reserves the right to suspend or terminate your use of the Site if it discovers, or has a reasonable basis to believe that any of the information you have provided is inaccurate, incomplete or untrue.

If you obtain a username and password from this Site, you may not share your username and password with any other person or authorize any other person to use your username and password. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password.

PTE will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.

PTE reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Site, or any section thereof.

User Content

You may participate in any forums or messaging threads offered through the Site, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Site.

You agree to indemnify PTE and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity.

Any content uploaded, posted, submitted, or otherwise made available by individual users of the Site, including without limitation articles or other submissions, comments to articles, classified or self-service advertisements, or other content which does not originate with RockyMountainTechLIne.com is the sole responsibility of the person who made such content available on the Site.

PTE reserves the right to monitor content posted on the Site, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Site. PTE also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, PTE is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Site.

PTE does not guarantee the truthfulness, integrity, suitability, or quality of user content, and it does not endorse such content. You also agree and understand that by accessing the Site, you may encounter content that you may consider to be objectionable. PTE has no responsibility for any user content, including without limitation any errors or omissions therein. PTE and its officers are not liable for any loss or damage of any kind incurred as a result of any user content on the Site.

By uploading, posting, transmitting or otherwise making any user content available on or through the Site, you are granting PTE an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sub-licensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such user content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.

PTE makes no warranties or representations whatsoever with regard to any product or service provided or offered by any vendor on the Site (including without limitation advertisers on the Site and individuals or entities placing classified advertisements on the Site) and you acknowledge that any reliance on representations and warranties provided by any party other than PTE shall be at your own risk. You expressly agree to hold PTE harmless for any claims of damage arising from any information, advice, product or service provided or promoted by any third party.

Prohibited Content and Activities

You agree that you will not post to the Site, or use the Site to transmit or make available any content that:

  • violates any laws or regulations, contains any threats, is abusive, tortious, harassing, vulgar, obscene, indecent, violates any person's rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise objectionable;
  • infringes any intellectual property rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
  • contains any private information about an identifiable person without that person's permission, or any content soliciting any personal or private information from any individual;
  • you know or have reason to know is false, misleading, or fraudulent;
  • you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • contains any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, any request for or solicitation of money, goods, or services for private gain, or any information (other than advertisements approved by PTE) posted primarily for advertising, promotional, or other commercial purposes;
  • incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
  • contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.

You further agree not to use the Site to:

  • engage in any click fraud or other unethical means of receiving payment based on any content posted to our Site (including without limitation payment to third parties for non-human traffic to any content on our Site);
  • engage in any conduct which might be harmful to any individual;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute "stalking" or otherwise harassing conduct aimed at another person or entity;
  • engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

In addition, you are prohibited from interfering with or disrupting the Site, or servers or networks connected thereto.

Certain contributors to our Site may choose to have their email address visible on the Site. Users of the Site are prohibited from using those email addresses for any purpose other than to contact the individual to communicate about the content he/she has posted on our Site. You may not contact any contributors to our Site for any commercial purpose, whether by email, through posts, or otherwise in any manner through this Site, without obtaining the prior written permission of PTE. You are prohibited from sending email communications to groups of individuals through our Site, and are only permitted to email other users of our Site on an individual basis.

Feedback

We welcome your comments and feedback about our Site. All information and materials submitted to PTE through this Site or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Site or the business of PTE (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but PTE reserves the right to treat any such Feedback as the confidential information of PTE.

By submitting Feedback to PTE, you assign to PTE, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. PTE will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.

Copyright and Trademarks

Copyrights in content included or available on this Site (including without limitation Site design, text, graphics, interfaces, and the selection and arrangements thereof) are owned by PTE or its licensors, with all rights reserved, and the content is protected by the intellectual property rights of those owners. Any use of content on the Site, including without limitation reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PTE, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of PTE.

You may use the content solely for your personal, non-commercial use, except that a commercial website is permitted to link to the Site provided that the website page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by PTE. You may download or print a single copy of any portion of the content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such content. You may not use, republish, retransmit, reproduce, distribute, or otherwise make available any content owned by any third parties which is available on RockyMountainTechLine.com, without the express consent of those third parties. All content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. Based on the presence of this notice of copyright ownership, any infringement of the protected content of this Site will be deemed by PTE to be an intentional infringement.

All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with PTE or RockyMountainTechLine.com.
Publishing Technology Enterprises, Rocky Mountain TechLine, RockyMountainTechLine.com and their respective logos are trademarks of Publishing Technology Enterprises, Inc. All other trademarks on the Site are the property of their respective holders.

Permissions

All requests for licensing, reprints, linking and other usage of material on RockyMountainTechLine.com should be addressed to permissions@rmtechline.com. We will review your request and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 24 hours of each request.

Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PTE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PTE IS NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS.

UNDER NO CIRCUMSTANCES, WILL PTE BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF PTE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PTE UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnity

In the event you breach the terms of this license, or if, any claims are made against PTE (its employees, officers or directors resulting from your actions) you shall be liable to PTE for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs.

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, as applied to contracts entered into and performed within Colorado. You agree to grant jurisdiction over yourself to the courts of Colorado and designate it as the forum for resolution of all disputes arising under this Agreement.

This Agreement states the entire agreement between the parties with respect to the Site, and all prior or contemporaneous agreements are merged herein and superseded hereby.

Notwithstanding anything to the contrary in the Contract and Copy Regulations of the Publisher, Terms and Conditions of the Publisher or in any space order, billing instruction, copy instruction or any other instruction or agreement, there are no premium items granted by the publisher, including but not limited to, merchandising credits, premium positioning, exclusivity, and competitive separation, unless specifically agreed to by the Publisher in a document signed by an authorized representative of the publisher for the particular ad being submitted. If the publisher grants a premium in a signed agreement or insertion order with the advertiser it is for only that signed agreement or insertion order and will not apply to any other agreement or insertion order.

Links to the Site and RSS Feeds

Unless otherwise prohibited under these Terms of Use, you are granted a license to create hyperlinks to content on the Site, provided that the hyperlink accurately describes the content as it appears on the Site. You are further granted a license to implement the RSS feeds offered by our Site, in the manner described on our Site. RSS feeds include the headline and only a preview introduction to an article. Display of the RSS feed articles is limited to the content provided through the RSS feed and must link directly to the article on the RockyMountainTechLine.com website without requiring any additional clicks. The RSS feed license use is limited to personal, desktop viewing purposes. Users are prohibited from separately downloading any photos included in the RSS feed and are prohibited from reproducing, redistributing or reposting any RSS feeds. PTE reserves the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause. Under no circumstances may you "frame" the Site or any of its content or copy portions of the Site to a server, except as part of an Internet service provider's incidental caching of pages. When a page of our Site is accessed from a link (including RSS feeds) featured on your website, each page within our Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site.

Mobile Devices

If you access the versions of our Site or content designed for use on mobile devices, you understand that your mobile carrier’s standard charges will apply. If you use our Site to send any content to a friend’s mobile device, you understand that your friend may incur standard messaging charges according to your friend’s mobile plan.

Advertisements

Submission of an advertisement for publication on our Site does not constitute a commitment on the part of PTE to publish the advertisement, and publication of an advertisement does not constitute an agreement from PTE for continued publication. PTE reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change. Advertisements purchased on our site may be subject to their own applicable terms and conditions.

Permission to Use Our Site

We reserve the right to terminate your access to or use of our Site for any reason or no reason, in our sole discretion, with or without notice to you. In addition, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances. You agree that PTE will have no liability to you or any third party with regard to such termination. We reserve the right to feature any content you have posted to our Site on our Site in perpetuity, even after we terminate your right or ability to access or use our Site.

Third Party Sites

Our Site may include links to other sites on the Internet that are owned and operated by third parties. We are not responsible for the content located on or the practices of, any third party site. Your use of those third party sites is subject to the terms of use and privacy policies of each site, and we are not responsible for the actions of these sites. We encourage our users to review the terms of use and privacy policies of third parties' sites.

Other Terms

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice, and any revisions will be posted on this page. You are encouraged to check the Site regularly for changes to the Terms of Use. Modifications shall become effective immediately upon being posted at the Site, without further notice to you. Your continued use of the Site after such modifications are posted constitutes an acknowledgement and acceptance of such modifications. Except as provided in this paragraph, these Terms of Use may not be amended.

Our Site is operated and provided in the State of Colorado. As such, we are subject to the laws of Colorado, and such laws will govern these Terms of Use, without giving effect to any choice of law rules. We make no representation that our Site is appropriate, legal or available for use outside of the United States. Accordingly, if you choose to access our Site you agree to do so subject to the internal laws of Colorado. The state and federal courts of Colorado shall serve as the venue for any actions brought, or claims made, arising out of your use of this Site.

If any provision of these Terms of Use is determined to be unlawful, void or unenforceable for any reason, the remainder of these Terms of Use will remain valid and enforceable to the maximum extent of the law, and an enforceable provision as close as possible to the intent and economic effect of the invalid provision will be substituted therefor. You agree that these Terms of Use and any other agreements referenced herein may be assigned by PTE, in our sole discretion, to a third party in the event of a merger or acquisition. You agree and understand that these Terms of Use together with any other click-through agreements you may have entered with PTE, constitute the entire agreement between you and PTE regarding your use of the Site.

Any failure by PTE to exercise its rights under these Terms of Use or to enforce the terms hereof shall not constitute a waiver of those rights. If any term of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties' intentions as reflected in the provision, and that all of the other provisions of these Terms of Use shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or relating to the terms of these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Notices

PTE may give notice to you through general posting on the Site, through postal notification, or through E-mail notification, in its sole discretion. You may give notice to PTE via E-mail at feedback@rmtechline.com or by postal mail to 8121 East 6th Ave., Denver, CO, 80230, U.S.A.

Last updated: 28 JULY 2013