The website projecthealthcolorado.org, (the “Site”), owned by The Colorado Trust and operated by The Colorado Trust, its Licensees and Collaborators, provides information and news in the field of health coverage and the health care system, and allows visitors to post questions, comments and vote on health coverage and health care system issues, (the “Service”), as part of the Project Health Colorado campaign. The Colorado Trust, its Licensees and Collaborators on the Project Health Colorado campaign collectively shall be referred to herein as “PHC”. Please read these Terms of Service carefully before using the Site. If you do not agree with all of the Terms of Service, do not use the Site. By continuing to use the Site, you are agreeing to be legally bound by these Terms of Service.
The Site is not run by health care providers and the provision of medical advice is not part of the Service. You understand that any and all medical questions should be addressed to a health care provider and not to a representative of the Site. PHC is not responsible for any medical advice or other information provided by third party posts to the Site.
PHC reserves the right at any time to modify and/or discontinue, temporarily or permanently, the Site, Service, or Terms of Service (or any part thereof) with or without notice. Please check periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Service constitutes acceptance of and agreement to those changes. You agree that PHC shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site, Service, or Terms of Service.
NOT FOR USE BY CHILDREN
This Site is not directed to or intended for children under the age of 13. PHC does not knowingly collect personal information from children under the age of 13. If you are between the ages of 13 and 18, before viewing the content on this Site, you are required to get your parent or legal guardian to review and discuss these Terms of Service with you.
GENERAL USE RESTRICTIONS
This Site is for personal non-commercial use only. You may not use the Site or any content or information on the Site for any business, commercial or illegal purposes.
All information, documents, products, software, services, and other information provided on this Site, including trademarks, logos, graphics and images shall be referred to herein as the “Materials”. The Materials may comprise materials owned by The Colorado Trust, certain information and content provided by third parties to PHC ("Third Party Content") used under license and User Contributions. You acknowledge that you have no right, title or interest in or to the Materials, with the exception of any User Contributions you may contribute. The Materials may be protected by copyright, trademark and other intellectual property laws.
PHC grants you the limited right to access and display the Materials, and to copy and download the Materials on this Site, solely for personal, noncommercial use, provided that: (1) you retain any copyright or proprietary rights notice that appears in the Materials so displayed, copied or downloaded; (2) such display, copy or download is solely for your personal noncommercial use; (3) you do not transmit, distribute, broadcast, or repost any Materials in any form or media (with the exception of User Contributions you contribute). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner, except for User Contributions you contribute. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Service. Upon termination of this limited license, you agree to immediately destroy any copied or downloaded Materials.
All rights not expressly granted herein are reserved.
Without the prior written consent of PHC, you may not use any of PHC’s logos, marks, or other graphics, video, or audio material in any links. You may not link to this Site or any portion thereof in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by PHC; 2) cause confusion, mistake, or deception; 3) dilute PHC 's trademarks or service marks; or 4) violate state or federal law.
You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials contained on or accessible from this Site on any other server or internet-based device without the advance written authorization of PHC or its licensors, respectively.
LINKS TO THIRD PARTY WEBSITES
PHC cannot and does not guarantee or warrant that files or data available for downloading through the site will be free of infection, viruses, worms, or other code that manifests contaminating or destructive qualities. You assume total responsibility and all risk for your use of the Site, the Materials and the internet.
You acknowledge that any unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your email address or password.
You agree that by submitting the User Contributions to the Site, you hereby grant PHC a non-exclusive, royalty-free perpetual license, with rights to transfer and sublicense, to use, reproduce, distribute, prepare derivative works of, and display the User Contributions, or any portions, reproductions or versions thereof, throughout the world, in any and all media, now known or hereafter invented. You understand that this license grants PHC the right to use the User Contributions for any purpose, including but not limited to developing, manufacturing, and marketing programs, services or projects based upon such submissions, without any obligation to you. You understand that PHC is not obligated to provide attribution or indicate the source of User Contributions. You also agree that by submitting the User Contributions to PHC’s public forums, you hereby grant each User of the Site a non-exclusive, royalty-free license to access your User Contributions through the Site, and to use, reproduce, distribute, prepare derivative works of, and display such User Contributions as may be permitted through the functionality of the Site and under these Terms of Service. You retain ownership of any copyrights or other intellectual property rights applicable to any information you submit to PHC.
You acknowledge that you are responsible for any User Contributions you make to the Site, and that you, and not PHC, will have full responsibility for each User Contribution, including its legality, reliability, appropriateness, originality and compliance with copyright law. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of other or violates their privacy or publicity rights, (b) is protected by copyright, trademark, or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug, or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition.
PHC does not guarantee the accuracy of any User Contributions and does not endorse or necessarily agree or disagree with any opinion, recommendation, or advice contained in the User Contributions. PHC expressly disclaims any and all liability in connection with User Contributions. Copyright infringing activities and infringement of intellectual property rights on the Site is not permitted, and PHC will remove all User Contributions if properly notified that such User Contributions infringe on another's intellectual property rights as indicated in the Copyright Policy in these Terms of Service. PHC reserves the right to remove User Contributions without prior notice. PHC may also terminate a User's ability to post content to the Site, if deemed necessary in the sole discretion of PHC.
Users of the Site will be exposed to User Contributions from a variety of individuals and organizations other than PHC. Responsibility for what is posted in the chat rooms, blogs, and other public posting areas on the Site lies with each User. You understand that PHC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Contributions. You further understand and acknowledge that User Contributions of others may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PHC with respect to such User Contributions.
You must be 18 or over to register as a member of PHC’s website. By registering as a member, you represent and warrant that you have the right, authority, and capacity to abide by all of these terms and conditions. Each member is allowed to have only one membership.
Depending on your membership level with PHC, you may have the opportunity to participate in programs and to receive informational and promotional materials from PHC. PHC members may choose to opt in or opt out of all PHC programs and/or opt in or opt out of the receipt of informational and promotional materials from PHC. PHC may change membership programs and privileges at any time.
MEMBERSHIP OBLIGATIONS AND RESTRICTIONS
You shall not use your membership to: (i) engage in fraudulent conduct or conduct that would constitute a criminal offense or give rise to civil liability; (ii) violate or attempt to violate, the security of the Site; (iii) access materials not intended for you; (iv) log into a server or account which you are not authorized to access; (v) disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of such solicitation; (vi) assist or permit any persons in engaging in any of the activities described above; (vii) interfere with another member's use and enjoyment of the Site; or (viii) violate any applicable law or regulation.
PASSWORD PROTECTED AREAS OF THE SITE
Certain areas of the Site are password restricted to registered users ("Password Protected Areas"). If you are a registered user of the Password Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password. You agree to immediately notify PHC of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
TERMINATION OF MEMBERSHIP
PHC reserves the right to terminate any membership at any time, for any reason or no reason, with or without notice.
The marks “PROJECT HEALTH COLORADO”, “PHC” and “THE COLORADO TRUST” (collectively “Trademarks”) are the property of The Colorado Trust. You may not remove or alter the Trademarks. You may not use the Trademarks without the permission of The Colorado Trust and nothing contained on this Site grants by implication, waiver, estoppel, or otherwise, any right to use such Trademarks.
All Materials, including all information and screens appearing on this Site, all documents, products, software, graphics, text elements, website design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are protected by copyright laws. Other than the User Contributions, the copyright in the Materials on this Site is owned by The Colorado Trust or the Materials are used under license by The Colorado Trust. Except as otherwise permitted by these Terms of Service or applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
PHC respects the intellectual property of others, and we ask our users to do the same. If you believe in good faith that content hosted by this Site infringes your copyright, please provide PHC’s Copyright Agent the following information as required by The Digital Millennium Copyright Act of 1998, ("DMCA") 17 U.S.C. 512:
An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, (or or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to allow PHC to locate the material;
The name, address, telephone number and email address (if available) of the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PHC's Copyright Agent for notice of claims of copyright infringement on its website is The Colorado Trust’s Communications Department:
By mail: The Colorado Trust
Attention: Communications Department
Address: 1600 Sherman Street, Denver, CO 80203
By phone: 303-387-1200
By email: info@ColoradoTrust.org
You agree to indemnify and hold harmless The Colorado Trust, PHC, and their respective members, subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including attorneys’ fees and costs, arising out of or in connection with your access to or use of the Site, or the use of the Site by any person using your password or email, including, without limitation, the posting of User Contributions, the violation or infringement of any third party right, intellectual property right, publicity, confidentiality, property or privacy right, or any violation of these Terms of Service or of any applicable law or regulation.
DISCLAIMER OF WARRANTY
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials, have not been independently verified or authenticated in whole or in part by PHC, and agree that PHC does not warrant the accuracy or timeliness of the Materials, and further agree that PHC has no liability for any errors or omissions in the Materials.
PHC makes no representations, warranties, or guarantees as to the quality, suitability, truth, accuracy or completeness of any information or material contained on the Site, including without limitation the Materials. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Site and any information or material contained on the Site is provided to you on an "as is" and "where-is" basis, and is for personal use only. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, PHC shall not be liable to you or any third party claiming through you for any damages suffered as a result of your using, displaying, copying, or downloading any information or material contained on the Site. In no event shall PHC be liable to you or any third party for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, whether for breach or in tort or otherwise, even if PHC has been previously advised of the possibility of such damage.
These Terms of Service shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and PHC that arises in whole or in part from or related to use of the Site shall be decided exclusively by a state or federal court sitting in Colorado. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service and/or your use of the Site shall be a state or federal court located in Denver, Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
These Terms of Service, and any updates to the Terms of Service published by us on the Site, shall constitute the entire agreement between you and PHC concerning the Site and the content on the Site.
If a court of competent jurisdiction deems any provision of these Terms of Service invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and PHC’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
You further agree that the Site shall be deemed solely based in Colorado. Further, note that the Site is hosted and conducted in the United States.