Terms of Use – Colorado Office of Economic Development & International Trade

THIS IS A CONTRACT

This Terms of Use is a legal contract between you, the user of this website (“you,” “your” or “User“), and (1) the Colorado Office of Economic Development & International Trade, (2) Startup Colorado/Silicon Flatirons (University of Colorado), and (3) Blackstone Entrepreneurs Network / BEN Colorado (together, “we,” “us” or “Colorado Invest”). This Agreement contains the terms and conditions that govern your use of this web site.

All visitors to Colorado Invest, at coloradoinvest.com (the “Site”), whether registered or not, are “Users“, and are agreeing to the terms of this Terms of Use (this “Agreement”).

BY USING THE SITE, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE.

WE RESERVE THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN OUR SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE SITE.

This Agreement includes our Privacy Policy.

ACCREDITED INVESTORS

By registering as an prospective investor you represent and warrant that you are an accredited investor as defined in Rule 501(a) of Regulation D under the Securities Act of 1933. The requirements to be an ‘accredited investor’ are set out at the end of this Terms of Use.

AGE REQUIREMENT

IF YOU ARE UNDER AGE 16, YOU MAY NOT USE THIS SITE, IF YOU ARE 16 OR OLDER, BUT UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THIS SITE, AND THEY MUST READ AND AGREE TO THESE TERMS.

We do not knowingly collect any information from children under the age of 16.

This Site is intended for people 18 and older. You may not register unless you are 18 or older, and by becoming a registered User you represent and warrant that you are at least 18 years old.

RULES FOR INTERPRETATION

To help ensure that all Users read and understand this Agreement, here are a few rules of interpretation that apply to this Agreement:

“or” is not exclusive and includes “and/or”;
“including” means “including, without limitation”;
headings do not affect interpretation;
unless the context clearly requires otherwise (i) singular includes plural and plural includes singular, and (ii) words of one gender include all genders;
all sums of money stated herein are U.S. Dollars;
references to Users or persons shall be deemed to include individuals, companies, corporations, bodies corporate, limited liability companies, firms, partnerships, joint ventures, incorporated and unincorporated associations, organizations, trusts, states or agencies of state, government departments and local and municipal authorities, in each case whether or not having separate legal personality; and
unless the context clearly requires otherwise, the terms “herein,” “hereunder,” “hereby,” “hereto,” “hereof” and any similar terms refer to this Agreement as a whole and not to any particular Section.

OWNERSHIP, LICENSE AND RESTRICTIONS

The Site is licensed to you. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to Colorado Invest or our licensors.

We grant you a nontransferable, revocable, limited license to use the Site on a device that you personally own or control. You may not sell, rent, lend, lease, redistribute, or sublicense the Site or work around any technical limitations in the software. You may not copy, reverse engineer, decompile, disassemble, modify, create derivative works or otherwise attempt to derive the source code of this software. Any use of the software and its content not explicitly permitted by these Terms is a breach of this agreement and may violate the law. If you violate these Terms, your permission to use this Site automatically terminates and you must immediately cease using the Site.

ACCESS TO THIS SITE

To access this Site or some of the resources it offers, 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 we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

SERVICES & REGISTRATION

We offer a Site where Users can register to access, share, supplement, and manage information about Colorado businesses and business investment opportunities. We do not control or confirm user generated content. We are not responsible for the truthfulness or reliability of any information provided by a User on or off this Site. We have no control over the acts or omissions of any User, on or off the Site.

We do not make any promises, guarantees, representations or warranties about the quality of the information provided by any User, or about the reliability, suitability, or accuracy of the information on the Site. We are not responsible for the performance or conduct of any User or other person using the Site.

Warning: ALL USE OF THE SITE IS AT YOUR SOLE RISK.

We hereby disclaim, and you hereby release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages (a) arising from or in any way related to the Site or your interactions or dealings with other Users, including any acts or omissions of Users in any way using or having used the Site, on or off the Site, (b) the use by any person of information provided on the Site. By using the information on this Site, you are solely responsible for such use.

To use the Services, you must register for an account by completing all required registration documents. As part of the registration process, you must provide: (a) information about yourself that is truthful, current, complete and accurate; and (b) update this information as often as necessary to keep it accurate.

You are solely responsible for maintaining the confidentiality of your password, username and all uses of your account. You agree not to use the account, username or password of anyone else.

By registering to become a User, you warrant and represent that:

You are 18 years of age or older, or if you are under 18, you have received parental consent and are acting under parental supervision;
All information you provide to us is truthful, current, complete and accurate and you will update the information to maintain its accuracy; and
You will comply with all applicable laws, rules and regulations in connection with your use of the Services, and any interactions with other Users.

ACCEPTABLE USE OF SITE – USER CONDUCT RULES

You are responsible for all of your actions on this Site, and your communications with other Users, and you may not engage in any behavior that violates this Agreement.

You must comply with all applicable laws, ordinances, rules, and regulations regarding use of the Site, and will not access the Site from jurisdictions where it is illegal or prohibited. Users are responsible for complying with all local rules, laws, and regulations. You may use this Site for purposes expressly permitted by this Site. As a condition of your use of the Site, you warrant to Colorado Invest that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of Colorado Invest. For purposes of this Agreement, “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. In addition, you may not use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.

You promise you shall not use the Site or its communications services to engage in, or assist others to engage in, any of the following:

Sublicense to, transfer, network, transmit, distribute, reproduce, republish, modify, or create derivative works of, or permit use of the Site by any third party;
Reverse engineer, decompile, or disassemble any aspect of the Site or set up competing networks such as shadow servers, or pirate servers;
Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other Users;
Transmit or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Transmit any software virus 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;
Monitor traffic or make search requests in order to accumulate information about individual Users;
Stalk or otherwise harass another person;
Modify, delete or damage any information contained on the personal computer of any other User;
Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Promote terrorism, abuse, libel, hate, personal injury, property damage, violence, or intolerance;
Defame any person;
To collect information about others (such as e-mail addresses or other personally identifiable information) without their consent;
To Upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
Send SPAM or use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
Attempt to interfere with, compromise the system integrity or security of our Site Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or
Make any false or misleading claim or representation.

USER CONTENT

You are solely responsible for the content you post on or provide for the Site. You are solely responsible for the content of your communications with other Users. Colorado Invest does not take any responsibility for the accuracy of any information provided by Users. By posting any information or other content on the Site, you have authorized Colorado Invest to publish such materials in any manner desired without any obligation to compensate you or anyone else. Users use the Site entirely at their own risk.

Colorado Invest does not monitor, and we do not investigate, approve, or endorse any investments. You may be exposed to content that may be inaccurate, offensive, indecent, or objectionable. We are not liable for any damages or losses resulting from such content. You will provide us with your email address when you become a registered User. By doing so, you consent to our using the email address to send you any notices required by law, in lieu of communication by mail, along with other messages.

Once you become a registered User, you are solely responsible for the activity that occurs on your account and for keeping your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Colorado Invest is not liable or responsible for any loss or damage caused by unauthorized use of your account, regardless of the reason.

If you become a registered User, you understand and agree that your use or reliance on any information from other Users on the site is solely at your own risk. Colorado Invest does not verify, endorse or control any of the information provided by Users.

Colorado Invest and third parties acting on our behalf may send you e-mail notifications to provide important information. You may opt out from receiving e-mails by selecting the “opt out” feature in each e-mail. However, even if you opt out you agree that you will still be held responsible for the information contained in these e-mails.

The Site may change, or information or services available on the site may be discontinued, at any time, and without notice. Information on the Site may be out of date, and Colorado Invest makes no commitment to update this information.

Colorado Invest may, but is not obligated to, delete any content that we, in our sole discretion, believe violates the terms of the this Agreement or which may be illegal or offensive, or which poses a threat to the rights or safety of other Users. Prohibited content and communications includes anything that:

Is unlawful, defamatory, harassing, inciting, threatening, hateful, harmful, bigoted, racially offensive or otherwise objectionable;
Interferes with another User’s rights to privacy;
Displays sexually explicit material of any kind;
Encourages criminal conduct, gives rise to civil liability or violates any law or regulation;

Contains any personally identifiable information about another use without that person’s express consent;
Uses false or misleading e-mail addresses or impersonates any person or entity, or falsely states or misrepresents your affiliation with a person or entity;

Posts any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
Posts any materials that may damage the operation of a computer (such as a virus worm or Trojan horse); or
Advertises or sells any goods or services not authorized by the Site.

Colorado Invest has the right, but not the obligation, to monitor User content on the Site to determine compliance with this Agreement. Colorado Invest shall have the right in its sole discretion to edit, refuse to post or remove any User content. Colorado Invest shall not be liable for any loss or damage of any kind caused by reliance on information obtained through the Site. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request.

Any User who feels that any content is objectionable is encouraged to Contact Us immediately by email to oedit.info@state.co.us

Colorado Invest is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Site.

TERMINATION OR RESTRICTION OF ACCESS

Colorado Invest reserves the right, in its sole discretion, to terminate your access to any or all of this Site and the related services or any portion thereof at any time, without notice.

DISCLAIMER OF WARRANTIES

Except as otherwise expressly provided, all content, information, Services and tools on this Site are provided on an “As Is”, “As Available” basis. Use of this Site is solely at your own risk.

THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, COLORADO INVEST, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE SITE OR USER CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT OR REVENUE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS INCLUDING ANY FAILURE OF ANY SERVICE TO MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

To the extent permissible by law, Colorado Invest expressly disclaims any and all other warranties.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): Colorado Invest MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OUR WEBSITE OR ANY WEBSITE LINKED TO OUR WEBSITE. Colorado Invest is not liable for the privacy of email addresses, registration and identification information, communications, confidential or trade-secret information, or any other User content stored on our equipment, transmitted over networks accessed by our Website, or otherwise connected with your use of the Service.

LIMITATION OF LIABILITY

IN NO EVENT WILL COLORADO INVEST BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM, RESULTING FROM ANY USE OF THE SITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOSS OF INVESTMENT, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE OF PERFORMANCE, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR EQUIPMENT OR NETWORK FAILURE OR OTHERWISE, EVEN IF THERE IS NEGLIGENCE BY COLORADO INVEST OR AN AUTHORIZED COLORADO INVEST RESPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS CONDITIONED UPON YOUR WAIVER OF ANY RIGHT TO SUE COLORADO INVEST AND ITS AFFILIATES OR TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR DAMAGES OR LOSSES RESULTING FROM YOUR USE OF THIS SITE.

YOU AGREE THAT COLORADO INVEST WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS COLORADO INVEST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

INDEMNIFICATION

You agree at your expense to indemnify, defend and hold harmless Colorado Invest and its affiliates from any and all loss, damage or liability including reasonable attorney’s fees arising from any third-party claim, action or allegations of infringement based on: (1) information, content or data you submitted in connection with the Site; (2) your use of this Site in breach of any term or condition in this Agreement; and (3) any violation of an applicable law, regulation or rights of another including misrepresentation and fraudulent conduct.

WEBSITE LINKS

We may provide links to third-party websites or services and may link you automatically to sponsors or third-party’s websites or services. Colorado Invest provides such links solely as a convenience to you. Colorado Invest does not maintain, review, endorse or take responsibility for the content, products, services or other materials of linked sites. You understand and accept that you take full responsibility for your use of third-party websites or services.

PRIVACY POLICY

We care about the privacy of our Users. Click here to view our Privacy Policy. By using this Site, you are consenting to have your personal data transferred to and processed in the United States.

If you access this Site from a country inside the European Economic Area (“EEA”), information that you submit to Colorado Invest may be transferred to countries outside the EEA. For example, our servers are in the United States.

COPYRIGHT AND INTELLECTUAL PROPERTY

Colorado Invest and its third-party providers own all material and content of this Site. All content is protected under intellectual property and proprietary rights laws. You may use the Site and its content and materials only for the purposes stated in this Agreement. You may copy the content for your own personal, non-commercial use, provided you do not alter it or remove any copyright, trademark or other proprietary notice. No other use of the Site’s content including but not limited to text, graphics, logos, sound, images, photographs, video, or software is permitted without the express written consent of Colorado Invest and where applicable, the copyright holder. These Terms of Use do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of Colorado Invest.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof, and believe that any content hosted on this Site infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works from the Site;
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 reasonably sufficient to permit the Site to locate the material;
Information reasonably sufficient to permit the Site 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;
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.
Colorado Invest’s registered copyright agent to receive notifications of claimed infringement is:

TRADEMARKS

Colorado Invest, the Colorado Invest logo and any other product and service names that we may present on the Site are trademarks or registered trademarks of the state of Colorado. Other trademarks, service marks or logos that appear on the Site may be the property of third parties and are likely to be registered trademarks and subject to restrictions as to their use. Your use of the Site does not grant you a right or license to use or reproduce any Colorado Invest or third-party trademarks without first receiving the express permission of both Colorado Invest and the trademark owner.

You may not utilize framing techniques to enclose any Colorado Invest trademark or logo without our express written consent.
You may not use any meta tags or any other “hidden text” utilizing the name of the Site or associated trademarks or Colorado Invest’s name or trademarks without our express written consent.
You may not deep-link to the Site and will promptly remove any links that Colorado Invest finds objectionable in its sole discretion.
You may not use any logos, graphics, or trademarks of Colorado Invest or those related to the Site as part of the link without our express written consent.

ACCREDITED INVESTOR

An accredited investor, which is defined in Regulation D under the Securities Act, is any one of the following:

(a) a natural person whose individual net worth with that person’s spouse, at the time of the purchase, excluding the equity value of that person’s primary residence, exceeds $1,000,000; or

(b) a natural person who had an individual income in excess of $200,000 in each of the two most recent years or joint income with that person’s spouse in excess of $300,000 in each of those years and has a reasonable expectation of reaching the same income level in the current year; or

(c) a Bank as defined in Section 3(a)(2) of the Securities Act, or any savings and loan association or other institution as defined in Section 3(a)(5)(A) of the Securities Act, whether acting in its individual or fiduciary capacity; a broker or dealer registered pursuant to Section 15 of the Securities Exchange Act of 1934; an insurance company as defined in Section 2(13) of the Securities Act; an investment company registered under the Investment Company Act of 1940 or a business development company as defined in Section 2(a)(48) of the Investment Company Act; a Small Business Investment Company licensed by the U.S. Business Administration under Section 301(c) or (d) of the Small Business Investment Act of 1958; a plan established and maintained by a state, its political subdivisions, or any agency or instrumentality of a state or its political subdivisions for the benefit of its employees, if such plan has total assets in excess of $5,000,000; an employee benefit plan within the meaning of the Employment Retirement Income Security Act of 1974 (“ERISA”) if the investment decision is made by a plan fiduciary, as defined in Section 3(21) of ERISA, which is either a bank, savings and loan association, insurance company, or registered investment advisor, or if the employee benefit plan has total assets in excess of $5,000,000 or, if a self–directed plan, with investment decisions made solely by persons that are accredited investors; or

(d) a private business development company as defined in Section 202(a)(22) of the Investment Advisers Act of 1940; or

(e) an organization described in Section 501(c)(3) of the Internal Revenue Code, corporation, Massachusetts or similar business trust, or partnership, not formed for the specific purpose of acquiring the Securities offered, with total assets in excess of $5,000,000; or

(f) a director or executive officer of the Company; or

(g) a trust, with total assets in excess of $5,000,000, not formed for the specific purpose of acquiring the Securities, whose purchase is directed by a sophisticated purchaser as described in Section 506(b)(2)(ii) of Regulation D; or

(h) an entity in which all of the equity owners are Accredited Investors.