Absolutely Colorado Legal Agreement

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Legal Agreement

PLEASE READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING THE "I ACCEPT/AGREE" BUTTON AT THE BOTTOM OF THE "LIST YOUR PROPERTY" WEB PAGE. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY AMENDMENTS THERETO AFTER THIS DATE.

This Agreement is between you, the subscriber ("Subscriber") and WWW.ABSOLUTELYCOLORADO.COM. WWW.ABSOLUTELYCOLORADO.COM agrees to provide the Subscriber one property listing on the WWW.ABSOLUTELYCOLORADO.COM website according to the terms of this Agreement. Subscriber agrees to pay the Property Listing Fee to WWW.ABSOLUTELYCOLORADO.COM according to the terms of this Agreement and abide by the Rules of Conduct.

1. DEFINITIONS

1.1. "WWW.ABSOLUTELYCOLORADO.COM website" means the website located at the URL http://www.absolutelycolorado.com and includes the entirety of both the portions of the website available to Subscriber and the public.

1.2. "Property" means a single unit offered for rental or lease to a single renter or lessee on the WWW.ABSOLUTELYCOLORADO.COM website. A property with multiple rental units is not considered a single property.

1.3. "Property Listing" means a description or summary details of a Property, includes use of calendars for each Property, and inclusion in search engine database.

1.4. "Property Listing Fee" means the fee paid for each Property Listing.

1.5. "Property Listing Period" means the length of time a Property Listing will be provided on the WWW.ABSOLUTELYCOLORADO.COM website.

1.6. "Subscription" means you have paid for access to the Subscriber website by paying a Property Listing fee, and may include multiple Property Listings for multiple Properties.

1.7. "Subscribers" means those persons or entities who have assented to the terms of this agreement, or an equivalent past agreement, whereby they have been granted access to the WWW.ABSOLUTELYCOLORADO.COM Subscription Site.

1.8. "Subscriber Features" include utilities available to Subscribers, other than Property Listings, and may include access to Subscriber forums or chat rooms, use of statistical databases, and/or such other utilities as may be offered to Subscribers.

1.9. "Information Entry Pages" mean the forms each Subscriber shall complete, including information concerning Properties, payment information, and Subscriber identification information.

2. WWW.ABSOLUTELYCOLORADO.COM Duties:

2.1. WWW.ABSOLUTELYCOLORADO.COM agrees to provide one Property Listing for each Property Listing Fee paid by the Subscriber.

2.2. WWW.ABSOLUTELYCOLORADO.COM agrees to provide access to each Subscriber to all available Subscriber Features. Subscriber features may change without notice and certain features may be discontinued without notice.

3. Subscriber Duties:

3.1. Payment - Subscriber agrees to pay WWW.ABSOLUTELYCOLORADO.COM all Property Listing Fees for each Property according to the terms of this Agreement.

3.2. Rules of Conduct. Subscriber agrees to abide by the Rules of Conduct as set forth in this Agreement or any subsequent amendments hereto.

3.3. Subscriber hereby warrants and covenants that the Subscriber has the actual authority to offer the Property for rental or lease to the public.

3.4. Information Entry Pages. Subscriber shall enter and forward to WWW.ABSOLUTELYCOLORADO.COM truthful and factually accurate information on the Information Entry Pages and in any Property Listing.

3.5. Agency. Subscriber authorizes WWW.ABSOLUTELYCOLORADO.COM to act as Subscriber's agent for the purpose of updating calendars maintained on other Subscribers' websites concerning Subscriber's Property and Property Listing.

4. Privacy of Subscriber's Information. WWW.ABSOLUTELYCOLORADO.COM shall not disclose to third parties any personal information Subscribers forward to WWW.ABSOLUTELYCOLORADO.COM through the Information Entry Pages. The information the Subscriber forwards to WWW.ABSOLUTELYCOLORADO.COM through the Information Entry Pages shall be used solely by WWW.ABSOLUTELYCOLORADO.COM for the purposes of billing, advertising, for notifying Subscribers of any changes to this Agreement, the WWW.ABSOLUTELYCOLORADO.COM website or any other purpose WWW.ABSOLUTELYCOLORADO.COM deems necessary to carry out its duties under this Agreement.

5. Information Provided on the WWW.ABSOLUTELYCOLORADO.COM Subscription Site. WWW.ABSOLUTELYCOLORADO.COM shall provide its subscribers with information on the WWW.ABSOLUTELYCOLORADO.COM Subscription site that is unavailable to non-Subscribers. WWW.ABSOLUTELYCOLORADO.COM shall provide information on its WWW.ABSOLUTELYCOLORADO.COM Public Site, but WWW.ABSOLUTELYCOLORADO.COM agrees that the information on its Subscription Site shall not be published or available on the Public site.

6. Use of Statistical Information: WWW.ABSOLUTELYCOLORADO.COM may use statistical information concerning your property, including the type of rental properties, rental fees, dates of rental and other information, without identifying you or your property, to create a database of information available to Subscribers but not available to the public.

7. Unauthorized Access. In the event that Subscriber determines that another party has gained access to Subscriber's password and user name, or has determined that another has wrongfully accessed WWW.ABSOLUTELYCOLORADO.COM subscription page using Subscriber's password and user name, WWW.ABSOLUTELYCOLORADO.COM shall issue a new password and user name to Subscriber and shall delete the old user name and password.

8. Subscription and Property Listing Periods:

8.1. This Agreement shall remain in effect during the Property Listing Period.

8.2. Property Listing Period: Subscriber may determine the Property Listing Period for each Property Listing by selecting a period of time on the Information Entry Pages and paying the Property Listing Fees associated with the Property Listing Period.

8.3. Renewal: Property Listings shall be for the term of the Property Listing Period and shall not automatically renew. Subscriber may avoid interruption in any Property Listing by notifying WWW.ABSOLUTELYCOLORADO.COM in writing that the Subscriber wishes to renew the Property Listing and paying the appropriate Property Listing Fee. WWW.ABSOLUTELYCOLORADO.COM reserves the right to terminate this agreement if Subscriber violates any term or condition of this Agreement, or at WWW.ABSOLUTELYCOLORADO.COM's discretion provided that WWW.ABSOLUTELYCOLORADO.COM notify Subscriber no less than thirty-days in advance of such termination. WWW.ABSOLUTELYCOLORADO.COM shall not be responsible for refund of any Property Listing Fee if WWW.ABSOLUTELYCOLORADO.COM determines in its sole discretion that the Subscriber has violated any term or condition of this Agreement.

9. PAYMENT:

9.1. Payment: Subscriber shall pay the Property Listing Fee associated with the period of time selected for each Property Listing on the Information Entry Page.

9.2. Property Listing Fees may be paid in one of the following forms:

9.2.1. Credit Card: Subscriber shall provide credit card information on the Information Entry Pages, which WWW.ABSOLUTELYCOLORADO.COM shall use in accordance with this Agreement.

9.2.2. Check or Bank Draft: Subscriber may pay through the use of check or bank draft. If Subscriber chooses this option, the Subscription shall become effective upon receipt of funds by WWW.ABSOLUTELYCOLORADO.COM.

10. Intellectual Property Ownership: Subscriber recognizes that the entire content of WWW.ABSOLUTELYCOLORADO.COM website is WWW.ABSOLUTELYCOLORADO.COM's copyrighted and trademarked intellectual property. Subscriber shall not copy or distribute any copyrighted or trademarked material presented on the WWW.ABSOLUTELYCOLORADO.COM website without the express written consent of WWW.ABSOLUTELYCOLORADO.COM.

11. Availability of Access. Subscriber recognizes that the traffic of data through the Internet may cause delays or outages in the operation of the WWW.ABSOLUTELYCOLORADO.COM website, and shall not hold WWW.ABSOLUTELYCOLORADO.COM liable for delays in the ordinary course of Internet use. Subscriber recognizes that the WWW.ABSOLUTELYCOLORADO.COM website may not be available on a continual twenty-four hour basis due to such delays and due to delays caused by WWW.ABSOLUTELYCOLORADO.COM's upgrading, modification, or standard maintenance of the WWW.ABSOLUTELYCOLORADO.COM website. WWW.ABSOLUTELYCOLORADO.COM shall make commercially reasonable efforts to notify Subscriber by posting or e-mail of scheduled maintenance or upgrade work which may make the WWW.ABSOLUTELYCOLORADO.COM website unavailable for periods of time greater than four (4) hours. WWW.ABSOLUTELYCOLORADO.COM is not liable or responsible for inaccessibility of the WWW.ABSOLUTELYCOLORADO.COM website, loss of data, unavailability of features or Property Listings due to interruptions in Internet access or availability, software or equipment failure, acts of God, acts of third-parties, or other force majeure outside the control of WWW.ABSOLUTELYCOLORADO.COM.

12. Rules of Conduct.

12.1. Subscriber agrees not to post any of the following material or information on WWW.ABSOLUTELYCOLORADO.COM website.

12.1.1. Material copyrighted by other parties;

12.1.2. Material or statements containing vulgar, obscene, or indecent statements or images;

12.1.3. Defamatory or abusive statements;

12.1.4. Statements threatening another person;

12.1.5. Advertising or other forms of solicitation other than the Property;

12.1.6. Statements that are bigoted, hateful, racially offensive, or which endorse or advocate illegal or immoral activity.

12.1.7. Inaccurate or false information concerning any Property;

12.1.8. Links to any websites containing any of the information otherwise forbidden under the Rules of Conduct.

12.2. WWW.ABSOLUTELYCOLORADO.COM reserves the right to remove any content that violates the rules of conduct. WWW.ABSOLUTELYCOLORADO.COM reserves the right to terminate this agreement with Subscriber without notice should subscriber violate these rules of conduct. WWW.ABSOLUTELYCOLORADO.COM DOES NOT HOLD ITSELF OUT AS A "CENSOR" OR "MONITOR" AND DOES NOT MONITOR THE CONTENT OF ALL PROPERTY LISTINGS ON THE WWW.ABSOLUTELYCOLORADO.COM WEBSITE. WWW.ABSOLUTELYCOLORADO.COM DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY MATERIALS POSTED ON THIS WEBSITE.

13. INDEMNIFICATION: WWW.ABSOLUTELYCOLORADO.COM shall not undertake to resolve any disputes or litigation on Subscriber's behalf involving use of the services described herein, and Subscriber agrees that it shall indemnify, and hold harmless WWW.ABSOLUTELYCOLORADO.COM against any disputes involving the use of this site or disagreements between Subscribers and third-parties. Further, Subscriber agrees to indemnify and hold harmless WWW.ABSOLUTELYCOLORADO.COM for any damages, losses, fines, or penalties of any kind imposed upon WWW.ABSOLUTELYCOLORADO.COM by any third party, including but not limited to any federal, state, or local governmental entity.

14. Disclaimers:

14.1. THE SERVICES PROVIDED BY WWW.ABSOLUTELYCOLORADO.COM ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY OF INFORMATIONAL CONTENT; NON-INFRINGEMENT; QUIET ENJOYMENT; AND TITLE. THE USER AGREES THAT ANY EFFORTS BY WWW.ABSOLUTELYCOLORADO.COM TO MODIFY ITS SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY WWW.ABSOLUTELYCOLORADO.COM WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. USER FURTHER AGREES THAT WWW.ABSOLUTELYCOLORADO.COM SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF WWW.ABSOLUTELYCOLORADO.COM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such some portions of the above limitation may not apply to the user. In such jurisdictions, WWW.ABSOLUTELYCOLORADO.COM's liability is limited to the greatest extent permitted by law.

14.2. WWW.ABSOLUTELYCOLORADO.COM is not responsible for any information communicated through the WWW.ABSOLUTELYCOLORADO.COM website, or any Subscriber Features by any third-party, and Subscriber agrees that WWW.ABSOLUTELYCOLORADO.COM is not liable for any information obtained through the use of the WWW.ABSOLUTELYCOLORADO.COM website upon which Subscriber may rely, including information provided by links to other websites, information posted in any forums, or otherwise communicated through the WWW.ABSOLUTELYCOLORADO.COM website.

15. Entire Agreement: This agreement supercedes any and all other agreement, oral or written, between the parties with respect to the matters stated herein and this Agreement contains all of the covenants and agreements between the parties with respect thereto.

16. Knowing Consent and Authority to Consent: The parties knowing and expressly consent to the foregoing terms and conditions, each party is authorized to enter into this agreement on behalf of its respective party.

17. Choice of Law. This Agreement shall be construed and controlled by the laws of the State of Colorado. Any dispute concerning or breach of the terms of this Agreement will be governed by the laws of the State of Colorado.

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