1. Your Acceptance
WELCOME TO THE WEBSITE OPERATED BY WILLIAM C MARTINEZ, LLC.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT USE THIS WEBSITE.
If you are using the Site on behalf of any entity, you represent that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and William C Martinez, LLC for violations of these Terms.
William C Martinez, LLC may, at its sole discretion, modify or revise these Site Terms and policies at any time, and you agree to be bound by such modifications. Any modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should periodically review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
If you have a question regarding the use of the Site, please direct questions or comments about the Site or its contents using the Contact Us form.
3. General Use of the Site — Permissions and Restrictions
A. The Site and all content and materials on the Site, including the William C Martinez, LLC logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are owned by or licensed to William C Martinez, LLC and are protected by copyright, trademark and other intellectual property rights under the law.
B. William C Martinez, LLC hereby grants you permission to access and use the Site Materials and electronically copy, and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only.
C. Such permission granted is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose.
D. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of William C Martinez, LLC, is strictly prohibited and will terminate the permission granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.
4. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, William C Martinez, LLC will terminate, in appropriate circumstances and at William C Martinez, LLC's sole discretion, subscribers or account holders who are deemed to be repeat infringers. William C Martinez, LLC may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: William Martinez
Email Address of Designated Agent: [email protected].
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
6. Content Provided by William C Martinez, LLC
Photos, videos, stories and other content provided by William C Martinez, LLC are owned by William C Martinez, LLC and protected by U.S. and international copyright laws. Except as otherwise stated within the Website, you may not reproduce or use them without written permission from William C Martinez, LLC.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray William C Martinez, LLC or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use the William Martinez logo or other proprietary graphic of William C Martinez, LLC to link to this Site without the express written permission of William C Martinez, LLC. Further, you may not use, frame or utilize framing techniques to enclose any image, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without William C Martinez, LLC’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of William C Martinez, LLC or any third party.
William C Martinez, LLC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. William C Martinez, LLC provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by William C Martinez, LLC of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
8. Third-Party Content
William C Martinez, LLC may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. William C Martinez, LLC does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that William C Martinez, LLC is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
9. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to William C Martinez, LLC, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to William C Martinez, LLC.
You agree to defend, indemnify and hold harmless William C Martinez, LLC, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against William C Martinez, LLC and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
11. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY WILLIAM C MARTINEZ, LLC, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WILLIAM C MARTINEZ, LLC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WILLIAM C MARTINEZ, LLC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WILLIAM C MARTINEZ, LLC DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WILLIAM C MARTINEZ, LLC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY. WHILE WILLIAM C MARTINEZ, LLC ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, WILLIAM C MARTINEZ, LLC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
William C Martinez, LLC reserves the right to change any and all content contained in the Site and to modify, suspend or discontinue the Site or any Services offered through the Site or any features or functionality of the Site or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by William C Martinez, LLC.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL WILLIAM C MARTINEZ, LLC, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM WILLIAM C MARTINEZ, LLC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WILLIAM C MARTINEZ, LLC’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WILLIAM C MARTINEZ, LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES OR TO THESE SITE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FDSF FOR ACCESS TO OR USE OF THE SITE.
13. General Terms
Applicable Law and Venue. These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Colorado, applicable to agreements made and entirely performed within the State of Colorado, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Adams County, Colorado, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Termination. Notwithstanding any of these Site Terms, William C Martinez, LLC reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
Severability. If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
14. Questions and Contact Information
Questions or comments about the Site may be directed to William C Martinez, LLC at the email address [email protected].