Terms of Use

Updated October 13th 2020

This Agreement sets forth the terms and conditions under which Crabapple Communications permits access to this Site to you, the Customer.  Subject to these Terms of Use and our policies, Crabapple hereby grants a limited, personal, nonexclusive, nontransferable, revocable license to access the Site and related documentation.  You may only use the Site for your own use within your own organization.  In its sole discretion, Crabapple may make any changes to the Site that it deems necessary to maintain or enhance the quality or delivery of Crabapple’s products or services to its customers or to comply with applicable law. By using, visiting, or browsing the Site, you accept and agree to be bound by these Terms of Use. From time to time, we may restrict access to some parts of our Site, or the entire Site. We will not be liable if for any reason our Site is unavailable at any time or for any period.

Customer represents and warrants that it will not (a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on the Site; (b) use the Site in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; (c) use information from the Site to create training for your own company; nor (d) violate or tamper with the security of any Crabapple computer equipment or program. Crabapple has the right to terminate your access to the Site if we determine that you have failed to comply with any of the provisions of these Terms of Use.

Accessing the Site does not give you ownership of any intellectual property rights in our services or the content you access. All right, title and interest in and to the Site including all material therein, and all copyrights, patents, trademarks, service marks or other intellectual property or proprietary rights relating thereto, belong exclusively to Crabapple.  By posting a comment on this Site, you agree that Crabapple may publish your comment in whole, or in part. Crabapple does not agree to post all comments received.  Crabapple reserves the right to remove or modify any posting that is false, offensive, violates any law or the rights of third parties, violates these Site Terms, or is defamatory or duplicative. When you submit a posting to Crabapple on this or other sites, Crabapple may identify you by: your location; and your first name, or last name and initial, or an alias that you have provided to us; and company; and other information that does not specifically identify you. Crabapple reserves the right to reveal your identity and the content of your original and posted submissions in response to legal action by any party, or in response to a request by governmental authority, or in defense of Crabapple.  Crabapple retains ownership of all postings submitted on this Site, except when copyrighted material is posted.

You may not send electronic mail to us that is illegal, obscene, profane, threatening, defamatory, invasive of privacy, infringing of intellectual property rights; or contains harmful code, political campaigning, commercial solicitation, chain letters, or mass mailings; or violates any applicable law, such as the CANSPAM Act. You may not use this Site in any manner that could damage or overburden any Crabapple equipment or software. You may not use any means of systematic retrieval of data or other content from this Site. You may not obtain, or attempt to obtain, access to any material or information on this Site that is protected by passwords, PIN or required login identification through any means not expressly authorized by Crabapple. You may not intentionally provide any false information when you register for this Site, apply for products or services, or post comments on this Site. You authorize Crabapple to contact you at the telephone numbers provided in your profile.

This Site contains links to other Internet sites that are not maintained by Crabapple. Unless otherwise stated, Crabapple makes no warranties or representations regarding these websites or the products or services offered on them. Crabapple does not control the privacy or security practices of third parties, or the locations where they process data. You should read the privacy and security policies of the other sites, as their practices may differ from ours.

THE SITE AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CRABAPPLE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CRABAPPLE FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Use of this Site shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of laws. In case of a dispute arising from or related to this contractual relationship, the parties irrevocably agree and submit to the sole and exclusive jurisdiction and venue in the State or Federal courts located in Denver, Colorado. Certain provisions of this Agreement by their nature shall continue in full force and effect after termination, including authorizations you have granted, the Disclaimer of Warranties and Limitation of Liability, and Jurisdiction/Enforceability.

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