These Terms of Service is between you and Cotopaxi
Welcome to the Cotopaxi Web Site (this “Site”) brought to you by Global Uprising, PBC (“Cotopaxi” or “we”) through which you may access Cotopaxi’s sales and content. The following Terms of Service (“Terms of Service” or this “Agreement”) govern your use of this Web Site and the legal obligations between you and Cotopaxi. Please read these Terms of Service carefully before using this Web Site. Cotopaxi reserves the right to change the Terms of Service at any time. Please periodically review these Terms of Service, because your continued usage of this Web Site after such changes constitutes your acceptance of the new Terms of Service.
By checking “I agree” or by accessing, browsing or downloading any information or otherwise using this Web Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to all of these Terms of Service, you are not permitted to access, browse or otherwise use this Web Site or the information contained therein.
In the Web Site, Cotopaxi provides its registered members with access to sales of curated items online, topical information and articles, and a message board (the "Services"). You are responsible for obtaining access to the Web Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Web Site.
- Upon acceptance of the terms and conditions of this Agreement, Cotopaxi grants to you a limited non-exclusive license for access and personal use of this Site, (http://www.cotopaxi.com), and such other web sites as Cotopaxi may authorize (the “Web Site”). Notwithstanding any other rights or restrictions in these Terms of Service, you may not use the Web Site or Services to: (a) disseminate or transmit any information, data, text, images, files, links, or software except in connection with your authorized use of the Web Site, Services or otherwise in response to specific requests for information by us; (b) disseminate or transmit any information, data, text, images, files, links or software unless you have legal rights to publish, advertise and distribute such information to others through the Web Site or Services; (c) disseminate or transmit material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable to Cotopaxi or other users of the Web Site; (d) take any actions that may impose an unreasonable or disproportionately large load on Cotopaxi’s infrastructure (in Cotopaxi’s sole discretion); (e) solicit personal information from anyone under the age of 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; (f) introduce to the Web Site or Services or any other computer or web site viruses, worms, Trojan horses, harmful code and/or any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) bypass any measures used by Cotopaxi to prevent or restrict access to any part of the Web Site or Services; (h) impersonate any other person, including but not limited to, a registered user of this Web Site or an employee of Cotopaxi; (i) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (j) misrepresent the identity of a user or use a false e-mail address; (k) tamper with or obtain access to the Services, the Web Site or any component of the Web Site; (l) conduct fraudulent activities; (m) register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity; or (n) use data mining, robots or similar data gathering and extraction tools or otherwise collect or harvest information regarding other users of the Web Site for any reason whatsoever, including, without limitation, for forwarding unsolicited commercial e-mail to such users.
- While Cotopaxi makes every effort to provide complete and reliable data and information on its Web Site, the information may contain typographical errors, pricing errors or other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omissions; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law ).
- We reserve the right to limit quantities of purchases of any items, including without limitation after an order has been submitted and/or acknowledged. The inclusion of any products or services on this Web Site at a particular time does not guarantee that the products or services will be available. If a product offered by us is not as described, your sole remedy is to return it subject to the terms of our return policy.
- When you purchase an item on the Web Site, you will be required to provide Cotopaxi with your credit card billing information. In consideration of your use of the Web Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.You agree to pay for all charges accumulated by you on the Web Site. You acknowledge that you will have sole responsibility for all taxes relating to such order (except those based on Cotopaxi’s net income), and you agree to pay all applicable taxes. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Web Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Cotopaxi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cotopaxi has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Web Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Cotopaxi immediately of any unauthorized use of your account or any other breach of security. Cotopaxi reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
- You are solely responsible for all content that you upload, post or otherwise transmit via the Web Site and Services (“User Content”). You agree not to upload, post or otherwise transmit via the Web Site or the Services any User Content that: (i) includes unauthorized disclosure of personal information; (ii) is disseminate or transmit material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable to Cotopaxi or other users of the Web Site or the Services; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (iv) violates or infringes anyone’s intellectual property rights.
Cotopaxi does not control or endorse the User Content found on the Web Site or in any Services and, therefore, Cotopaxi specifically disclaims any liability with regard to the User Content contained on the Web Site or in any of the Services and any actions resulting from your participation in any Services. Always use caution when giving out or sharing information about, or pictures or videos of, yourself or your children in any Services.
Cotopaxi does not claim ownership of the User Content that you place on the Web Site and shall have no obligation of any kind with respect to such User Content. Cotopaxi shall be free to use or disseminate any User Content You make available on publicly accessible areas of the Web Site on an unrestricted basis for any purpose, and you hereby grant Cotopaxi and all other users of the Web Site an irrevocable, perpetual, worldwide, transferable, sublicensable (through multiple tiers of sublicensees), royalty-free, fully paid up, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, publish and otherwise exploit such User Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Cotopaxi and third-party providers of any User Content that you may provide on the Web Site.
Please remember that any information and User Content that is disclosed in public forums on the Web Site becomes public information and you should exercise caution when deciding to disclose your personal information and other User Content. You may use an alias when posting personal information on the message boards.
COTOPAXI WILL TREAT ANY MESSAGE BOARD POSTINGS, FEEDBACK, EMAILS OR SUGGESTIONS YOU PROVIDE TO US AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE. YOU ARE NOT REQUIRED TO USE YOUR REAL NAME IN MESSAGE BOARD POSTINGS AND THE DECISION TO DO SO IS MADE AT YOUR SOLE DISCRETION.
No compensation will be paid with respect to the use of your User Content. Cotopaxi is under no obligation to post or use any User Content you may provide and Cotopaxi may remove any User Content at any time in its sole discretion.
By placing any User Content on the Web Site that contains music, sound recordings, literary works, images, photographs, graphics or pictures ("Works"), you represent and warrant that: (i) you are the copyright owner of such Works, or that the copyright owner of such Works has granted you permission to use such Works or any content and/or images contained in such Works consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Service; (ii) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Service; and (iii) each person depicted in such Works, if any, has provided all required consent to the use of the Works as set forth in these Terms of Service, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Works.
Unless Cotopaxi has entered into a separate written agreement with you that explicitly states to the contrary, you agree that any information, feedback, questions, comments or the like that you provide to Cotopaxi in connection with this Web Site or the Services (“Submissions”) will be deemed to be provided to Cotopaxi on a non-confidential and non-proprietary basis and will become and remain the property of Cotopaxi. Cotopaxi shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that Cotopaxi shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques.
NEITHER COTOPAXI NOR ANY OF ITS EMPLOYEES ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMONSTRATIONS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN COTOPAXI'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO COTOPAXI. PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO COTOPAXI OR ANYONE AT COTOPAXI. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT COTOPAXI MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
You agree to indemnify, defend and hold Cotopaxi, and its officers, managers, members, agents, co-branders, partners, licensors, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party relating to or arising out of your User Content, your use of the Web Site, including any use by your employees, your connection to the Web Site, your violation of the Terms of Service, or your violation of any rights of another.
- Access to secured/password protected areas of this Web Site is restricted to authorized users. By accessing any secured/password protected area of this Web Site, you represent, warrant and covenant that you are authorized to do so and to engage in the activities and communications that you conduct thereunder. You agree to be solely responsible for the confidentiality and use of your password or username, as well as for any activities or communications conducted on this Web Site using your password. Unauthorized individuals attempting to access secured/password protected areas of this Web Site may be subject to prosecution.
If you wish to cancel a password or username, or if you become aware of any loss, theft or unauthorized use of a password or username, please notify Cotopaxi immediately. Cotopaxi reserves the right to delete or change any password or username at any time, for any reason.
You are solely responsible for the update and the truthfulness of your personal information.
- You represent and warrant to Cotopaxi that (a) you are at least 13 years of age, (b) you shall comply with all terms and conditions of this Agreement, including, without limitation, all of the Policies, (c) all files, data, text, and other information you have provided or may provide to Cotopaxi in connection with this Agreement is and shall be, to the best of your knowledge, complete and accurate, (d) you own, or are otherwise lawfully authorized to use, any files, data, text, or other information that you may transmit to or through the Services or the Web Site, and (e) that any use of the files, data, text, or other information supplied by you does not violate these legal notices and will not cause injury to any person or entity.
- Cotopaxi retains all right, title, and interest in and to the Services, the Web Site, and any software used by Cotopaxi in providing the Services and the Web Site. Any rights not expressly granted to you herein are reserved by Cotopaxi. You agree not to copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display (except as necessary to exercise your rights hereunder), sublicense, or transfer the Services, the Web Site, or any software used by Cotopaxi in providing the Service. Without limiting the generality of the foregoing, you agree not to offer or permit the Services or the Web Site to be used by any third parties nor to attempt to use the Services or the Web Site in a service bureau capacity. You agree not to reverse engineer, disassemble, or decompile the Services or any software used by Cotopaxi in providing the Services and the Web Site. You acknowledge that the Services, the Web Site, and the software used by Cotopaxi in providing the Services and the Web Site contain Cotopaxi proprietary and confidential information. You agree to abide by and not remove, obscure, or modify any proprietary notices accessible through the use of the Services, the Web Site, or any software used by Cotopaxi in providing the Services or the Web Site, or appearing on any reports or downloadable files generated through your use of the Services or the Web Site.
- The term of this Agreement shall commence when you click “I AGREE” at the bottom of this Agreement. Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
- YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THIS WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS-IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS. WE ARE NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS. COTOPAXI DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
- COTOPAXI MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEB SITE. COTOPAXI MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF ANY VIRUSES, TROJAN HORSES OR WORMS ; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR ANY SERVICES WILL BE ACCURATE OR RELIABLE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEB SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (iv) ANY ERRORS IN THE WEB SITE WILL BE CORRECTED. FURTHERMORE WE WILL NOT BE RESPONSIBLE FOR ANY DELAYS IN MERCHANDISE DELIVERY.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEB SITE, CONTENT AND DOCUMENTS. THE WEB SITE, CONTENT AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS. COTOPAXI ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS.
COTOPAXI DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (i) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE WEB SITE BY ANY PARTY, (ii) ANY CONTENT PROVIDED ON LINKED WEB SITES, OR (iii) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEB SITE.
COTOPAXI MAY MAKE CHANGES TO THE WEB SITE OR THE SERVICES, INFORMATION, SOFTWARE, WEB SITE, CONTENT, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEB SITE AT ANY TIME AND WITHOUT NOTICE.
OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL COTOPAXI BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION, PRODUCT OR SERVICE OBTAINED THROUGH THE WEB SITE OR A LINKED WEB SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE, OR OBTAINED FROM A LINKED WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS AS APPROPRIATE, INCLUDING WITHOUT LIMITATION MEDICAL DOCTORS, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
- IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THIS WEB SITE OR ANY PART THEREOF (“COVERED PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THIS WEB SITE OR ANY CONTENT OR THE SERVICES MADE AVAILABLE ON OR THROUGH IT, EVEN IF COTOPAXI HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES DUE TO: (i) THE USE OF OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTED GOODS AND SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEB SITE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; or (iv) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COTOPAXI'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
- All materials contained in the Web Site, including, but not limited to, the materials used in the Services, but excluding your User Content, are the property of Cotopaxi, affiliated companies and/or third-party licensors (collectively, our “Partners”), and are protected by copyrights, trademarks and other intellectual property rights. All trademarks, service marks, and trade names are proprietary to Cotopaxi, or affiliated companies and/or third-part licensors.
Except as expressly authorized in writing by Cotopaxi, our Partners or by other User Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the User Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Cotopaxi discloses to you. You must not remove, alter or obscure any copyright, patent, trademark or other proprietary or restrictive notice or legend contained or included in the Web Site, and you shall reproduce and copy all such notices and legends on all copies of the Web Site that you are permitted to make hereunder, if any.
Cotopaxi may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Services, including the Web pages that are part of the Services. Except as expressly provided in these Terms of Service, the provision of the Services and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
"Cotopaxi Marks" means all names, trademarks, service marks, brands, logos, designs, trade dress, slogans and other designations Cotopaxi uses in connection with its products and services. You may not remove or alter any Cotopaxi Marks, or co-brand your own products or material with Cotopaxi Marks, without Cotopaxi's prior written consent. You acknowledge Cotopaxi's rights in Cotopaxi Marks and agree that any use of Cotopaxi Marks, and the goodwill generated thereby, shall inure to Cotopaxi's sole benefit. You agree not to incorporate any Cotopaxi Marks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
Copyright © 2014 Global Uprising, PBC. All Rights Reserved.
- You agree to defend, indemnify and hold Cotopaxi and our Partners harmless from and against any claims, actions, demands, liabilities, losses or damages (including reasonable legal and accounting fees) arising out of or related to your use of this Web Site or the Content, any violation of these Terms of Service by you, or any violation of any rights of any person or entity by you. We shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
- We, in our sole discretion, may post the advertisements or other materials of third parties on this Web Site. Your correspondence or any other dealings with advertisers found on this Web Site are solely between you and such advertiser. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisements on this Web Site. Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on this Web Site.
This Web Site may provide a link to other sites by allowing you to leave this site to access third-party material, by bringing the third-party material into this site via “inverse” hyperlinks and framing technology or by a third-party web site including via a Cotopaxi Widget or other piece of Cotopaxi software (each a “Linked Web Site”). Cotopaxi has no discretion to alter, update, or control the content on a Linked Web Site, and is not responsible if any Linked Web Site is not working properly. Cotopaxi is providing these links to you as a convenience only, and the fact that Cotopaxi has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners or its providers. Cotopaxi will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any Linked Web Sites. If you decide to access any linked site, you do so at your own risk. When leaving this Web Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms, conditions and policies, including privacy and data-gathering practices, of each linked site.
- Cotopaxi will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this Web Site:
Global Uprising, PBC dba Cotopaxi
7938 S 3500 E, Suite B-700
Cottonwood Heights, UT 84121
For clarity, only DMCA notices should go to the Designated Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to Cotopaxi customer service through email@example.com.
To be effective, the notification of copyright infringement must include the following (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that there are penalties for false claims under the DMCA.
- If we decide to change our Terms of Services, we will update the Terms of Services modification date below. This policy was last modified on 04/09/2014.
- These Terms of Service shall be governed by and construed in accordance with the law of the State of Delaware, U.S.A. Any controversy or claim between the parties or arising out of this Agreement shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules, the Optional Rules for Emergency measures of protection and the Supplementary Procedures for Online Arbitration. The arbitral ward will be final and binding, and may be entered and enforced in any court of competent jurisdiction.
- You shall not assign this Agreement or any of your rights or obligations hereunder and any purported assignment of this Agreement by you in contravention of the foregoing shall be null and void. Cotopaxi shall not be liable for any failure or delay in its performance under the Agreement (including, without limitation, provision of the Services) due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental acts, acts of third parties, failures of third party software or equipment (including, without limitation, third party components), power or electrical failures, internet protocol packet loss or misrouting, and any internet connectivity failures. Failure by Cotopaxi to act with respect to a breach by you or others does not waive the right of Cotopaxi to act with respect to subsequent or similar breaches. No waiver of any term of this Agreement will be valid unless in writing and acknowledged in writing by Cotopaxi. This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous representations, discussions, negotiations, letters, proposals, agreements, and understandings between the parties with respect to the subject matter hereof, whether written or oral.