Terms of Service

MILE HIGH BUSINESS ALLIANCE
WEBSITE TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

THESE TERMS OF SERVICE (“TOS”) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY THE MILE HIGH BUSINESS ALLIANCE (“MHBA”). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE. THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY MILE HIGH BUSINESS ALLIANCE AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY. YOU MUST BE AT LEAST 18 YEARS OF AGE TO AGREE TO AND ACCEPT THESE TERMS OF SERVICE ON YOUR OWN BEHALF. IF YOU ARE UNDER 18 YEARS OF AGE, BUT ARE AT LEAST 13 YEARS OF AGE OR OLDER, YOUR PARENT OR LEGAL GUARDIAN MUST ACCEPT THESE TERMS OF SERVICE AND REGISTER FOR THE SERVICE ON YOUR BEHALF. IN COMPLIANCE WITH THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT, AS SUCH MAY BE AMENDED FROM TIME TO TIME, IF YOU ARE UNDER THE AGE OF 13, YOU ARE ASKED NOT TO PROVIDE ANY INFORMATION TO MHBA EITHER BY USING THIS SITE, PARTICIPATING IN OR ENTERING ANY PROMOTIONS, CONTESTS OR SWEEPSTAKES RELATED TO THE SITE, OR THROUGH ANY OTHER ACTIVITY.

2. ACCESS TO THIS SITE

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If MHBA believes the information you provide is not correct, current, or complete, MHBA has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

3. RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without MHBA’s express prior written consent. For example, you may not (and may not authorize any other party to co brand this site without the express prior written permission of an authorized representative of MHBA. For purposes of these Terms of Service, “co branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with MHBA in causing any unauthorized co-branding to immediately to cease.

4. PROPRIETARY INFORMATION

The material and content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by MHBA (the “Content”) is the proprietary information of MHBA or the party that provided the Content to MHBA, and MHBA or the party that provided the Content to MHBA retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of MHBA, except that you may save a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates MHBA’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

5. HYPER LINKS

This site may be hyper-linked to other sites which are not maintained by, or related to, MHBA. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or MHBA. MHBA has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and MHBA makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by MHBA of that site.

6. DEALINGS WITH ADVERTISERS & BUSINESSES

Your correspondence or business dealings with, or participation in promotions of, advertisers and businesses found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or business. You agree that MHBA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and businesses on the Service.

7. SUBMISSIONS

MHBA does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you hereby grant to MHBA the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to MHBA through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. MHBA will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future MHBA operations.

8. MHBA PRIVACY POLICY

MHBA will treat any personal information that you submit through this site in accordance with its Privacy Policy.

9. DISCLAIMER OF WARRANTIES

You understand that MHBA cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. MHBA does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by MHBA. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MHBA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. MHBA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MHBA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MHBA MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MHBA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. MHBA MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and MHBA does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

10. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MHBA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MHBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

11. INDEMNITY

You agree to indemnify and hold MHBA, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this TOS by you, including any use of Content other than as expressly authorized in this TOS. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

12. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your MHBA ID), use of the Service, or access to the Service.

13. TRADEMARKS

Trademarks, service marks, and logos appearing in this site are the property of MHBA or the party that provided the trademarks, service marks, and logos to MHBA. MHBA and any party that provided trademarks, service marks, and logos to MHBA retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
14. INFORMATION YOU PROVIDE

You may not post, send, submit, publish, or transmit in connection with this site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • solicits funds, advertisers or sponsors, except as may be specifically authorized on this site;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  • includes MP3 format files;
  • amounts to a ‘pyramid’ or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
  • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

MHBA reserves the right to monitor use of this site to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither MHBA nor any third party that provides Content to MHBA will assume or have any liability for any action or inaction by MHBA or such third party with respect to any submission.

15. SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). MHBA will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that MHBA considers insecure, MHBA will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, MHBA reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. MHBA reserves the right to investigate suspected violations of this TOS.

MHBA reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing MHBA to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this TOS. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS MHBA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MHBA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MHBA OR LAW ENFORCEMENT AUTHORITIES.

16. MODIFICATION OF SERVICE

MHBA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MHBA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

17. TERMINATION

You agree that MHBA may, under certain circumstances and without prior notice, immediately terminate your account, any associated services, and access to the website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your MHBA account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in MHBA's sole discretion and that MHBA shall not be liable to you or any third party for any termination of your account, any associated services, or access to the website.

18. MISCELLANEOUS

The TOS will be governed and interpreted pursuant to the laws of Colorado, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Colorado in connection with any dispute between you and MHBA arising out of this TOS or pertaining to the subject matter hereof. The parties to this TOS each agree that the exclusive venue for any dispute between the parties arising out of this TOS or pertaining to the subject matter of this TOS will be in the state and federal courts in Denver, Colorado. If any part of this TOS is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. This TOS constitutes the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. MHBA may revise this TOS at any time by updating this posting.

Last updated: 5/23/08



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