Terms of Use

Last Revised: Feburary 2, 2010.

Last Updated: Feburary 24, 2010. 

Last Updated: May 7, 2010. 

 GENERAL DISCLAIMER:  NoCoProgressives.com (“Site”) and NoCoProgressives, LLC  MAKES NO WARRANTIES, THAT YOUR USE OF THIS SITE AND ANY MATERIALS AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK.  THE SITE AND ALL MATERIALS IN THIS SITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SITE MAKES NO WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE MATERIAL IN THE SITE WILL BE UNINTERRUPTED;  THAT DEFECTS WILL BE CORRECTED; THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES AND WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.  THE SITE MAKES NO WARRANTIES OF ANY KIND, THAT THE SITE IS ACCURATE, ERROR-FREE, FREE OF TYPOGRAPHICAL ERRORS, OR RELIABLE.  WE DO NOT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL DISPLAYED, UPLOADED, OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON THIS SITE. THIS SITE FROM TIME TO TIME WILL USE REFERENCES AND LINKS TO SPECIFIC ARTICLES FROM THIRD-PARTY SITES IN BLOGS/POSTS, AND THIS SITE DOES NOT WARRANT THE ACCURACY OF THE INFORMATION FROM THIRD-PARTY SITES THAT HAS BEEN REFERENCED OR LINKED AND FURTHER MORE DOES NOT WARRANT THAT DEFECTS WILL NOT OCCUR FROM ACCESSING THIRD-PARTY WEB SITES LINKED OR REFERENCED FROM BLOGS/POSTS FROM THIS SITE.  TERMS OF USE NOTICES MAY BE REVISED OR UPDATED AT ANY TIME AND WE ENCOURAGE YOU TO CHECK BACK OFTEN TO ENSURE THAT YOU ARE FAMILIAR WITH THE MOST RECENT VERSION AND TERMS. THE SITE WILL UPDATE THE “LAST UPDATED” DATE TO REFLECT THE DATE OF THE CHANGES. BY CONTINUING TO USE THE SITE AFTER WE POST ANY SUCH CHANGES, YOU ACCEPT THE TERMS OF USE NOTICES, AS MODIFIED.  IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE NOTICES ON THIS AND OTHER PAGES WITHIN THE SITE, PLEASE DO NOT ACCESS, BROWSE OR USE THE SITE.

Limitation of Liability:  NoCoProgressives.com (“Site”) and NoCoProgressives, LLC, AND ITS MANAGERS, MEMBERS, AGENTS, CONSULTANTS OR OUR AFFILIATES AND THEIR DIRECTORS, OFFICIERS, EMPLOYEES OR CONSULTANTS ARE NOT RESPONSIBILE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, LOSS OF GOODWILL OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSS, EVEN IF NoCoProgressives. com AND NoCoProgressives, LLC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIALS, INFORMATION AND SERVICES OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, SERVICES, OPINIONS OR ANY LINKED SITE IS TO LEAVE THE SITE NOW.

Indemnity:  You agree to defend, indemnify and hold harmless NoCoProgressives.com (“Site”) and  NoCoProgressives, LLC and affiliates, our managers, members, consultants, representatives, and partners and their directors, officers, agents, and employees of each, from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) made by any third party due to or arising out of your use of the Site, any violations of these Terms of Use by you, including your violation of any rights of another, or your violation of the copyright, trademark, proprietary, or other rights of third parties. If you do NOT agree with this statement, you should leave the Site now.

Termination:  You agree that NoCoProgressives.com (“Site”) and NoCoProgressives, LLC in its sole discretion, may terminate your use of or access to this Site or any part thereof at any time for any reason, including violation of the Terms of Use, or any NoCoProgressives.com and NoCoProgressives, LLC law, rule, or regulations or if NoCoProgressives.com and NoCoProgressives, LLC decides you have engaged in conduct that the Site considers to be inappropriate or unacceptable.  You also agree that NoCoProgressives.com and NoCoProgressives, LLC shall not be liable to you or any third party for any termination of your use or access to the Site. If you do NOT agree with this statement, you should leave the Site now.

Trademarks:  All Trademarks, Service Marks, Trade-names, and Logos used on the Site, is the property of their respective owners and may not be copied, downloaded, or otherwise exploited without the specific written permission of NoCoProgressive, LLC or the specific owner of such Trademarks, Service Marks, Trade-names and Logos.

Copyright notice: All references or use of ©Nocoprogressives.com or Nocoprogressives, LLC on all pages of this web site are All Rights Reserved and are the sole property of Nocoprogressives, LLC.  They may NOT be copied, downloaded or otherwise exploited without the written permission of Nocoprogressives, LLC or such owner of stated copyright.

Modifications, Discontinuance or Suspension of Site:  NoCoProgressives.com (“Site”) and NoCoProgressives, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site with or without notice.  NoCoProgressives.com and NoCoProgressives, LLC encourages you to review the Site and Terms of Use Agreement periodically for any updates or changes.  Your continued access or use of the Site shall be deemed your acceptance of this User Agreement and you also agree that NoCoProgressives.com and NoCoProgressives, LLC shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site. If you do Not agree with this statement, you should leave the Site now.

Applicable Law:  By accessing this Site, you agree that the Terms of Use Agreement is governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law, and will apply to all matters relating to the use of this Site.  You also agree to submit to the personal and exclusive jurisdiction of the courts of the State of Colorado, or if appropriate, the United States District Court for the District of Colorado.  If any provisions of the Terms of Use Agreement is found to be unlawful, void or unenforceable, then that provision will be deemed sever-able from the Terms of Use Agreement and does not affect the validity and enforceability of any remaining provisions. If you do NOT agree with this statement, you should leave the Site now.

Copyright Infringement:  The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners, if you believe that any material contained in this Site infringes your copyright, you (or your agent) may send to us a notice requesting that the material be removed, or access to it blocked.  Notice of claimed copyright infringement should be sent to the Site as follows:

NoCoProgressives, LLC

P.O. Box 270751

Fort Collins, CO  80527

Attn: Copyright

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C.  §512(c)(3)):  1.)  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2.)  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3.)  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonable sufficient to permit the service provider to locate the material; 4.)  Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 5.)  A statement that the complaining party had 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; 6.)  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.
 
Posting Messages, Content and Opinions:  You agree to NOT us the Site to:
  • Post or submit any Messages, Content or Opinions or provide links to any messages, content or opinions that are unlawful, threatening, obscene, vulgar, pornographic, profane, or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, give rise to civil liability or otherwise violates any local, state, national or international law or laws.
  • Post any death threats, or that intentionally discriminates against or harasses particular individuals or groups.
  • Disseminate or transmit any worms, viruses, or other harmful, disruptive or destructive files, code or programs.
  • Post any content to the Site that infringes or violates any party’s copyright, trademark, or other intellectual property rights of any other person. This includes but not limited to material that is libelous, an invasion of privacy or publicity rights or any other third party rights with respect thereto, without first obtaining permission from the owner or rights holder.
  • Impersonate or improperly assume or claim the identity of another person, or false state or otherwise misrepresent your affiliation with a person or entity.
  • Post any messages, opinions or content that is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation or to make donations of any kind except in areas that are expressly designated and approved by the Site for such purpose.
You agree that by posting Messages or Content to this Site, you acknowledge and understand that any and all messages and content (including visual or audio data) submitted by you becomes the property of NoCoProgressives.com (“Site”) and NoCoProgressives, LLC, and it may be used, copied, sub-licensed (through multiple tiers) and transferable license (with a right to create derivative works) assigned, adapted, transmitted, distributed publicly performed, published and displayed royalty-free or removed as NoCoProgressives.com and NoCoProgressives, LLC determines, now or in the future.  You also agree to hereby irrevocably release NoCoProgressives.com and NoCoProgressives, LLC, its mangers, members, agents, affiliates and their respective employees, agents, officers, directors and shareholders,  from any and all liability and obligations whatsoever, in connection with or arising from your use of this Site.  If you do NOT agree with this statement, you should leave the Site now.
 
Contact With Advertisers or Third Party Vendors:  NoCoProgressives.com (“Site”) and NoCoProgressives, LLC does NOT make any representations or warranties of any kind with respect to any content, goods, services, information, other materials or web sites that may be obtained from such third parties, and you agree that the Site will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on such content, goods, services, information, other materials or web sites available, or through such third parties, on the Site.  You acknowledge, that your dealings with advertisers and third party vendors found on this Site, are solely between the third party and you, and that the third party’s privacy policies and terms and conditions will govern your rights and obligations with respect to the use of those web sites and that NoCoProgressives.com and NoCoProgressives, LLC has no controls over.  If you do NOT agree with this statement, you should leave the Site now.
 
Moderating Comments:  Nocoprogressives.com (“Site”) encourages comments to posted blogs.  You must first register with a valid e-mail address and by registering you warrent that you are at least 18 years of age and that you become solely responsible for your account’s activity.  All comments posted to blogs on the Site will be moderated for content using a subjective point of view.  Comments will not be edited, they will either be approved or rejected.  Items that will not be tolerated include (but are not restricted to) personal attacks, obscenity, vulgarity, profanity, commercial promotion, impersonations and incoherence.  Comments must also be on topic and not abusive.  Comments suggesting corrections to blogs will not be posted, but rather corrections will be made in a blog post at a future date.
 
Trackbacks and Pingbacks:  Nocoprogressives.com (“Site”) reserves the right to allow trackbacks and pingbacks for particular posts.

 
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