RegWest.com Terms of Use
By using RegWest.com (the “Site”), you agree to follow and be bound by the following terms of use (“Terms of Use”) and you agree to comply with all applicable laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer or Site visitor, “we”, “us” and “our” refer to RegWest Company, LLC and “Services” refers to all services provided by us.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU DO NOT AGREE TO THE TERMS OF US, DO NOT USE THIS WEBSITE. The site is made available for your personal or internal business use on your own behalf. RegWest Company, LLC may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us at 970-353-0611 or info@regwest.com.
In connection with the use of our products or services, you may be asked to provide personal information. This information will be protected pursuant to our Privacy Policy and you may revoke this license at any time by removing your personal information from our service.
1. License to Use.
RegWest Company, LLC grants you a limited, personal, non-exclusive, non-transferable license to use our Site for your own personal, internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit the Site in any manner without the express written consent of RegWest Company, LLC. You may not access, download, use or export the Site in violation of United States export laws or regulations or in violation of any other applicable laws or regulations.
2. Ownership. This Site is owned and operated by RegWest Company, LLC. All right, title and interest in and to information, documents, logos, graphics, images and materials provided on this Site are owned by RegWest Company, LLC may not be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on our Site or shall be considered to grant or confer any license of any of our intellectual property rights. All rights not expressly granted herein are reserved by RegWest Company, LLC.
3. Privacy Policy. RegWest Company, LLC respects your privacy and permits you to control the treatment of your personal information. A complete statement of RegWest Company, LLC ‘s current Privacy Policy can be obtained on its website. RegWest Company, LLC’s Privacy Policy is expressly incorporated into this Agreement by reference.
If you choose to create an account with RegWest.com you will be asked to provide an username and password. You are responsible for maintaining the confidentiality of your password. You may not use a third party’s account, or personal information. You agree to notify us immediately of any unauthorized use of your account, user name or password. RegWest Company, LLC shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
4. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Summary:
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling RegWest Company, LLC at 970-353-0611. In the unlikely event that RegWest Company, LLC is unable to resolve your complaint to your satisfaction (or if RegWest Company, LLC has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, the Customer and RegWest Company, LLC will split the costs of the arbitration. You agree that, by entering into these Terms, you and RegWest Company, LLC are each waiving the right to a trial by jury or to participate in a class action.
5. NO WARRANTY. THE SITE, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, REGWEST COMPANY, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
REGWEST COMPANY, LLC MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. REGWEST COMPANY, LLC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
6. LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU WILL HOLD REGWEST COMPANY, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF REGWEST COMPANY, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF REGWEST COMPANY, LLC, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 5 OF THESE TERMS OF USE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF COLORADO BUSINESS ORGANIZATIONS ACT.
7. Compliance with Intellectual Property Laws. When accessing RegWest.com you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you that is provided or transmitted using your RegWest.com user account.
8. Governing Law; Venue. By using this Site or any Applications, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Colorado, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 6 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.
9. Trademarks and Copyrights. All images and text, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of RegWest Company, LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, RegWest Company, LLC. ALL RIGHTS RESERVED.
10. Inquiries. BY USING REGWEST COMPANY, LLC’S SERVICES OR ACCESSING THE REGWEST.COM SITE OR THE APPLICATION, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO REGWEST COMPANY, LLC VIA THE REGWEST.COM SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO REGWEST COMPANY, LLC, AND THAT REGWEST COMPANY, LLC MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
11. Use of Testimonials and Media Endorsements. If at any time, RegWest Company, LLC receives any comments or feedback from a User, you expressly grant RegWest Company, LLC the right to republish, redistribute and otherwise make available for its commercial use, those comments or feedback made available to RegWest Company, LLC.
12. Acknowledgement. BY USING RegWest Company, LLC ‘S SERVICES OR ACCESSING THE REGWEST.COM SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.