LIMITLESS COMPUTING WEB SITE
1. ACCEPTANCE OF TERMS
Limitless Computing, Inc., a Colorado corporation (“Limitless”, “we”, “our” or “us”), provides certain services to you, the user, on www.limitlesscomputing.com (the “Site”) conditioned upon your acceptance, without modification, of the following terms and conditions of use applicable to the Site. These terms and conditions (these “Terms”) govern your use of the Site, including, without limitation, our software and hardware (collectively referred to as the “Services”). Before using the Site, please carefully review these Terms relating to your use of the Services. By using the Services, you agree to be bound by these Terms. If you do not agree to these terms and conditions, please do not use the Services.
Limitless reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms. Such modifications shall be effective ten (10) days following our posting of the modified Terms on the Site. Your continued use of the Services following the effective date of such changes to these Terms will mean that you accept those changes.
Use of the Services constitutes full acceptance of and agreement to these Terms. By your use of the Services, you represent to Limitless that you are at least eighteen (18) years of age or otherwise capable of entering into and performing legal agreements. If you are using the Services on behalf of a business or entity, you represent to Limitless that you have the authority to bind that business and your use of the Services will be treated as acceptance by that business or entity.
We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof). We shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using the Services, you warrant to Limitless that you will not use the Services, or any of the content obtained from Limitless, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Services automatically terminates. Without limiting the generality of the foregoing, you agree to not use the Services to:
upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, without limitation, a Limitless employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; or
“stalk” or otherwise harass another.
By accepting the Terms, you agree to use the Services only for the purposes permitted by the Terms and/or by applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including, without limitation, any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access any of the Services offered by Limitless through any automated means (including, without limitation, use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the operation of the Services. You are prohibited from reproducing, duplicating, copying, selling, trading, reselling or otherwise exploiting the Services without the express written permission of Limitless. You agree that you are solely responsible for (and that Limitless has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including, without limitation, any loss or damage which we may suffer) of any such breach.
4. PASSWORD AND ACCOUNT SECURITY
It is your responsibility to keep your Services account passwords confidential. You are responsible for activities that occur under your account, and if your account is used without your authorization, contact us immediately at security@LimitlessComputing.com.
The Services and all content available through the Services, including, without limitation, data files, written text, photographs, images, audio files, software and layout, may be protected by various federal, state and international rules and laws relating to intellectual property and other proprietary rights. As such, the content may not be modified, distributed, copied, reproduced, republished, uploaded, posted, transmitted or used for the creation of derivative works without Limitless’ express prior written consent.
7. PROPRIETARY RIGHTS
You acknowledge and agree that Limitless owns any and all legal right, title and interest in and to the Services, including, without limitation, any intellectual property rights associated with the Services (whether those rights are registered or not, and wherever in the world those rights exist). You further acknowledge that the Services may contain information that is designated confidential by Limitless and that you shall not disclose such information without Limitless’ express prior written consent. You are prohibited from using Limitless’ trade names, trademarks, service marks, logos, domain names and other distinctive brand features without Limitless’ express prior written consent. You covenant and agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
As part of the Services, Limitless grants you a limited, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software (referred to as “Software”). The license is only to be utilized in a manner consistent with and permitted by these Terms. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Limitless in writing. Unless Limitless has specifically given you written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
In addition, Limitless grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within the Site, solely on your computer and for your personal, non-commercial use of the Site. This permission is conditioned on your not modifying the content displayed on the Site, your keeping intact all copyright, trademark and other proprietary notices, and your acceptance of any other terms, conditions and notices accompanying the content or otherwise set forth in the Site.
9. LINKS TO OTHER SITES
The Site contains links to other Web sites that are not owned or controlled by Limitless. Please be aware that Limitless is not responsible for the content contained on such sites or their privacy practices. Because Limitless has not control over such sites, you acknowledge and agree that Limitless is not responsible for the availability of such external sites or resources, and it does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that Limitless shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site.
We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.
You agree that Limitless may, with or without cause and without prior notice, immediately terminate the Services or your access to the Services. Some examples why Limitless may terminate your access may include, but is not limited to: (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement, regulation agencies or other government agencies to discontinue the Services or your access to the Services, (c) a request by you, (d) failure to pay for the Services, if applicable, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, or (g) engagement by you in fraudulent or illegal activities.
Termination of the Services or your access to the Services includes: (i) removal of access to all offerings within the Services, (ii) deletion of your password and all related information, files and content associated with your use of the Services, and (iii) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in Limitless’ sole discretion and that Limitless shall not be liable to you or any third party for any termination of the Services.
11. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIMITLESS’ WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LIMITLESS DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIMITLESS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. LIMITLESS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIMITLESS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS WAIVER SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, AND (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU RELATED TO OR ARISING FROM THE SERVICES. THE LIMITATIONS ON LIMITLESS’ LIABILITY TO YOU SHALL APPLY WHETHER OR NOT LIMITLESS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICES, OR THESE TERMS, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
You agree to defend, indemnify and hold harmless Limitless and its affiliates, and its and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorney’s fees, investigation costs and court fees) arising from: (a) your use of and access to the Services, including any data or work transmitted or received by you, (b) your violation of any provision of these Terms, (c) your violation of any third-party right, including, without limitation, any right of privacy, publicity rights or intellectual property rights, (d) your violation of any law, rule or regulation of the United States, any state or any other country, or (e) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
14. STATUTE OF LIMITATIONS
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 these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except as set forth in the following sentence, you agree that all notices from Limitless to you may be posted on the Site. Notices concerning breach of these Terms will also be sent either to the email or postal address you have on file with Limitless. In any case, delivery shall be deemed to have been made five (5) days after the date posted and/or sent.
Notices from you to Limitless shall be made either by email, to the email address provided on the Limitless Site, or first class mail to Limitless at:
Limitless Computing Inc.
4450 Arapahoe Ave.
Boulder, CO 80303
16. LEGAL TERMS
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. The Terms, and your relationship with Limitless under them, shall be governed by the laws of the State of Colorado without regard to its conflict of laws provisions. You and Limitless agree to submit to the exclusive jurisdiction of the Federal District Court of the District of Colorado and the state district courts located within the county of Boulder, Colorado to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that Limitless shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Limitless without restriction.