Effective: September 12, 2022

Overview

Welcome to the website of Rocky Mountain News (“Rocky Mountain News”, “us,” “our,” or “we”). These Terms of Use (“Terms”) set forth the terms and conditions under which you are authorized to access and use our website at https://rockymountainnews.com (our “Site”).  Through your use of our Site, you agree to these Terms.

Modifications and Interruption to the Site or Access

We reserve the right to modify or discontinue all or any portion of our Site, or to terminate access to the Site for any user believed to be violating these Terms, with or without notice to you. We will not be liable if we choose to exercise these rights. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Site, or that our Site will be error free. You understand that usage of our Site may be adversely affected by numerous factors or circumstances outside of our control.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, ROCKY MOUNTAIN NEWS, ITS RELATED ENTITIES, ITS CONTENT PROVIDERS, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE AND ALL CONTENT, PRODUCTS AND SITE OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANYSITE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITE OR ANY CONTENT PROVIDED THROUGH OUR SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Indemnification

You agree to indemnify and hold the Company Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of our Site in a manner not permitted by these Terms.

Third-Party Sites

Our Site include links to other sites on the Internet that are owned and operated by third parties, and certain content and functionality on or available through our Site may be provided by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the Terms and privacy policies of each site, and we are not responsible therefore. We encourage our users to review the Terms and privacy policies of third-parties’ sites.

Copyright and Trademark Information

All content, copyrightable material, and other intellectual property rights in the content available on our Site, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content”), are owned by Clarity Media Group, Inc. or may be licensed to Clarity Media Group, Inc. by third parties. This Content is protected by the intellectual property rights of Clarity Media Group, Inc. or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Rocky Mountain News or Clarity Media Group, Inc.

Notification of Claimed Copyright Infringement

In the event that you find Content posted on the Site which you believe to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact Rocky Mountain News’s Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:

  1. your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner
  2. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
  3. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
  4. if your claim is based on a registered work, the trademark, patent, or copyright registration number, and the date of issuance of the registration;
  5. a description of the infringing material and the URL where such material is located on the Site or a description of where on our Site you found such material;
  6. your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
  7. a statement that all of the information you have provided is true.

 

Please send your notice of alleged infringement to: legal@claritymg.com and to Clarity Media Group, Inc., 555 17th St., Suite 425, Denver, CO 80202. In accordance with the Digital Millennium Copyright Act (“DMCA”), it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances.

Links to the Site and RSS Feeds

Unless otherwise prohibited under these Terms, you are hereby licensed to create hyperlinks to the content on the Site, provided that the hyperlink accurately describes the content as it appears on the Site

Under no circumstances may you “frame” the Site or any of their Content or copy portions of the Site to a server, except as part of an Internet service provider’s incidental caching of pages. When a page of our Site is accessed from a link (including RSS feeds) featured on your web site, each page within our Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. Rocky Mountain News reserves the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

Use of the Content and Site

Any use of Content on the Site, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of Rocky Mountain News, is strictly prohibited.  With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of Rocky Mountain News.

In addition, you may not use our Site to, assist anyone else to, or otherwise engage in any of the following activities: (1) violate or encourage the violation of any local, state, national, or international law or regulation; (2) infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party; (3) disrupt or interfere with the security or use of the Site (4) interfere with or damage the integrity of the Site, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Site; (5) use any meta tags or any other “hidden text” utilizing Rocky Mountain News name, trademarks, or product names; (6) attempt to reverse engineer or otherwise derive or obtain the code in any form for the Site; (7) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; (8) reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any content on the Site; or (9) deep link to the Site for any purpose; or frame the Site, place pop-up windows over any content, or otherwise affect the display of the Site.

Disclaimer Regarding Accuracy of Content

Some of the Content on the Site has been provided by or obtained from parties other than Rocky Mountain News. We make no representations or warranties as to the accuracy or reliability of any Content on the Site created or provided by third parties, or with regard to any product or service provided or offered by any vendor on the Site (including without limitation advertisers on the Site and individuals or entities placing classified advertisements on the Site) and you acknowledge that any reliance on representations and warranties provided by any party other than Rocky Mountain News shall be at your own risk. You expressly agree to hold Rocky Mountain News harmless for any claims of damage arising from any product or service provided by any third party.

Dispute Resolution

By entering into Terms of Use, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms of Use must be asserted individually.  You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site must be filled within one calendar year after such claim or cause of action arises, or forever be barred. If a claim proceeds in court, we each waive any right to a jury trial.

Arbitration

Any dispute arising out of or relating in any way to your use of our Site or any products, services, or information you receive through our Site, shall be submitted to confidential, binding arbitration in Denver, Colorado, USA, pursuant to the American Arbitration Association’s Commercial Arbitration Rules, using one arbitrator. The arbitrator shall be mutually agreed upon by both parties, or if the parties cannot agree on a single arbitrator, they each will choose one arbitrator, and those two will together choose a third arbitrator, and a panel of three arbitrators will hear the matter. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts Denver, Colorado, USA, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.

Governing Laws

The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado, U.S.A. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the state and federal courts of Denver, Colorado, and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by Rocky Mountain News.

Changes to These Terms

We reserve the right, at any time, to modify these Terms without prior notice. Modifications will become effective immediately upon being posted to our Site, without further notice to you. Your continued use of our Site after such modifications are posted constitutes your acceptance of such modifications.

Other Terms

If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms and any other agreements referenced herein may be assigned by Rocky Mountain News, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. You agree and understand that these Terms constitute the entire agreement between you and Rocky Mountain News regarding your use of the Site, and that any and all prior agreements between you and Rocky Mountain News are superseded by these Terms. Notwithstanding the foregoing, the preceding sentence will not supersede any separate agreements you may enter into with Rocky Mountain News. You may not amend these Terms. Any failure by Rocky Mountain News to exercise its rights under these Terms or to enforce the terms hereof will not constitute a waiver of those rights. If any term of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties’ intentions as reflected in the provision, and that all of the other provisions of these Terms will remain in full force and effect.

Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. By using our Site, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Contact Us

If you have any questions about these Terms or our sustainability initiatives, or for permission to use any Content on our Site, please contact: legal@claritymg.com and to Clarity Media Group, Inc., 555 17th St., Suite 425, Denver, CO 80202.