Privacy, Terms, Conditions, and Cookie Policies
Last modified: January 9, 2020
60 Creek Tech, LLC (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this Privacy Notice.
This notice describes the types of information we may collect from you or that you may provide when you visit or access our sites, applications, tools and services (our “Services”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This notice applies to information we collect:
- Through the Services.
- In email, text, and other electronic messages between you and our Services.
- Through mobile and desktop applications you download from this Services, which provide dedicated non-browser-based interaction between you and this Services.
- When you interact with our advertising and applications on Third-Party Services, if those applications or advertising include links to this notice.
It does not apply to information collected by:
- Us offline or through any other means, including on any other services operated by Company or any third party (including our affiliates and subsidiaries); or
- Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Services.
Please read this notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using the Services, you agree to this Privacy Notice. This notice may change from time to time (see Changes to Our Privacy Notice). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the notice periodically for updates.
Children Under the Age of 16
Our Services is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Services. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Services or through any of their features, register on the Services, use any of the interactive features of the Services, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at email@example.com.
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Services, including information:
- By which you may be personally identified, such as name, postal address, e-mail address, telephone numbers, or any other identifier by which you may be contacted online or offline (“personal information”);
- That is about you but individually does not identify you; and/or
- About your internet connection, the equipment you use to access our Services, and usage details.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
- From third parties, for example, our business partners.
Information You Provide to Us
The information we collect on or through our Services may include:
- Information that you provide by filling in forms on our Services. This includes information provided at the time of registering to use our Services, or requesting further information or services. We may also ask you for information when you enter a promotion sponsored by us, and when you report a problem with our Services.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete.
- Your responses to messages, communications or notifications via the Services or related to the Services.
- Your search queries on the Services.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Services, or transmitted to other users of the Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Services.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
- We also get information about your network and device (e.g., IP address, proxy server, operating system, web browser and add-ons, device identifier and features, cookie IDs and/or ISP, or your mobile carrier). If you use our Services from a mobile device, that device will send us data about your location based on your phone settings.
We also may use these technologies to collect information about your online activities over time and across Third-Party Services or other online services (behavioral tracking).
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Services according to your individual interests.
- Target advertisements, information and communications directly or through a variety of partners, vendors and publishers, whether separately or combined.
- Speed up your searches.
- Recognize you when you return to our Services.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Web Beacons. Pages of our the Services and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Services statistics (for example, recording the popularity of certain Services content and verifying system and server integrity).
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Services and features to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account.
- To process location data in order to provide you with location-based services and other content or offers personalized on the basis of your general location data.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Services or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Services.
- To target advertisements, information and communications directly or through a variety of partners, vendors and publishers, whether separately or combined.
- To solicit offers for mineral interests, royalty interests, oil and gas working interests and related matters.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you, or to make offers to you or solicitations of offers from you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.
For the foregoing purposes, we may contact you via the Services, email, telephone, SMS, push notification on your mobile device, by mail, or by any combination of the foregoing. If we contact you by telephone, we may use automatically dialed calls with tape announcements or automated text messages in accordance with our Terms of Service.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this Privacy Notice:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Services users is among the assets transferred.
- To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including responding to any government or regulatory request.
- To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s Services.
California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: Admin@60creek.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Services and visiting your account profile page.
You may also send us an email at firstname.lastname@example.org to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information, including those set forth in the California Consumer Privacy Act.
We have implemented certain measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services like message boards. The information you share in public areas may be viewed by any user of the Services.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
Changes to Our Privacy Notice
It is our policy to post any changes we make to our Privacy Notice on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account or through a notice on the Services home page. The date the Privacy Notice was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Services and this Privacy Notice to check for any changes.
To ask questions or comment about this Privacy Notice and our privacy practices, contact us at:
60 Creek Tech, LLC
6105 S. Main St., Suite 200
Aurora, CO 80016
TERMS OF SERVICE
Last Modified: January 8, 2020
The entity you are contracting with is: 60 Creek Tech, LLC (referred to herein as “60 Creek,” “we,” or “us”).
Please be advised that these Terms contains provisions that govern how claims you and we have against each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration. You will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
- ABOUT 60 CREEK
60 Creek has developed proprietary software that assists with the aggregation of data and information for buyers and sellers of mineral interests and oil and gas working interests. Any guidance we provide as part of our Services, such as estimated valuations and reserve potential is solely informational and you may decide to follow it or not. Also, while we may help facilitate connections and transactions through various programs, 60 Creek has no control over and does not guarantee: the existence, quality, safety or legality of interests advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell interests; the ability of buyers to pay for interests; or that a buyer or seller will actually complete a transaction. Any actual contract for sale is directly between the seller and buyer. 60 Creek is not a traditional auctioneer or marketplace provider.
- ACCOUNT CREATION
To access and use the Services, you are required to create an account by providing us with certain registration information and other information, such as your full name, a valid email address, phone number and a strong password. It is a condition of your use of the Services that all the information you provide is correct, current and complete. You agree that all information you provide to register for the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Notice found at http://maevlo.com/privacy-notice/, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you shall treat such information as confidential, and you may not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for all activity that occurs in association with your account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact us at Admin@60creek.com if you discover or suspect any security breach related to the Service or your account.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
When you use the Services, or send us e-mails or other communications, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
- USING THE 60 CREEK SERVICES
In connection with using or accessing the Services you will not:
- Create a false identity on 60 Creek, misrepresent your identity, create a profile for anyone other than yourself, or use or attempt to use another’s account;
- Transfer your account to another party without the consent of 60 Creek, which may be granted or withheld in 60 Creek’s sole and absolute discretion;
- Breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
- Use our Services if you are not able to form legally binding contracts (for example, if you are under 16 or 18 years old, as applicable in your jurisdiction), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- Develop, support or use software, devices, scripts, spider, robots, data mining tools, data gathering tools, extraction tools, or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services or for any other purposes;
- Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of 60 Creek, which may be granted or withheld in 60 Creek’s sole and absolute discretion;
- Disclose information that you do not have the consent to disclose (such as confidential information of others, including, without limitation, your employer);
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
- Violate the intellectual property or other rights of 60 Creek, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “60 Creek” or our logos in any business name, email, or URL without our express consent, which may be granted or withheld in 60 Creek’s sole and absolute discretion;
- Post anything that contains software viruses, worms, or any other harmful code or otherwise distribute viruses or any other technologies that may harm 60 Creek or the interests or property of users;
- Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by 60 Creek without our express consent, which may be granted or withheld in 60 Creek’s sole and absolute discretion;
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without 60 Creek’s consent, which may be granted or withheld in 60 Creek’s sole and absolute discretion;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without 60 Creek’s consent, which may be granted or withheld in 60 Creek’s sole and absolute discretion;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services and/or our infrastructure (e.g., spam, denial of service attack, viruses, gaming algorithms);
- Commercialize any 60 Creek application or any information or software associated with such application, except with the prior express permission of 60 Creek, which may be granted or withheld in 60 Creek’s sole and absolute discretion;
- Export or re-export any 60 Creek application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions; and/or
- Harvest or otherwise collect information about users without their consent.
If we believe you are abusing 60 Creek and/or our Services in any way, we may, in our sole and absolute discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
- POLICY ENFORCEMENT
When an arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
The fees we charge for our Services are listed on the 60 Creek site. We may change our fees from time to time by posting the changes on the 60 Creek site 10 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
- INTERNATIONAL USE
We may have Services accessible to international users. We may offer certain programs, tools, and site experiences to international users. Users are responsible for complying with all applicable laws and regulations. You authorize us to use automated tools to translate 60 Creek content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
When you provide content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your intellectual property rights in that content against 60 Creek, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any Intellectual Property Rights of any third party. 60 Creek takes no responsibility and assumes no liability for any content provided by you or any third party.
The name “60 Creek” and other 60 Creek marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of 60 Creek in the U.S. and other countries. They may not be used without the express written prior permission of 60 Creek.
- NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND COPYRIGHT INFRINGEMENT PURSUANT TO SECTION 512(C) OF TITLE 17 OF THE UNITED STATES CODE
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe that your intellectual property rights have been infringed, please notify us and we will investigate.
- AUTHORIZATION TO CONTACT YOU; RECORDING CALLS; ANALYZING MESSAGE CONTENT
60 Creek may contact you using autodialed or prerecorded calls, voice messages and text messages, at any telephone number that you have provided us, to: (i) interact with you regarding provision of any features within the Services; (ii) notify you regarding your account; (iii) troubleshoot problems with your account; (iv) resolve a dispute; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you. 60 Creek may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by our Privacy Notice. 60 Creek may collect other telephone numbers for you and may place manual, autodialed, or prerecorded calls and messages to any of those numbers. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time within the Services.
60 Creek may share your telephone number with its authorized service providers as stated in our Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by 60 Creek to carry out the purposes identified above.
60 Creek may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with 60 Creek or its agents for quality control and training purposes, or for its own protection.
60 Creek’s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of 60 Creek’s Terms, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. 60 Creek may store message contents, including to conduct this scanning and analysis.
- PRIVACY OF OTHERS; MARKETING
If 60 Creek provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
- THIRD-PARTY SERVICES
The Services may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services, and resources (collectively “Third-Party Services”) that are not under 60 Creek’s control. This may include the opportunity for you to link your account, data, or the Services with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Services, such as third party applications accessed on mobile devices, are not part of the Services and are not controlled by 60 Creek, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Service including any charges associated with such use. You also acknowledge that these Terms and the Privacy Notice do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policies that apply to your use of any Third-Party Services and you must abide by any terms applicable to such Third-Party Services. We may disable all or any Third-Party Services at any time without notice, in our sole discretion.
- USE OF SERVICES AT YOUR OWN RISK
If you use the Services, you do so solely at your own risk. Our goal is to provide helpful and accurate information on the Services, but we make no endorsement, representation, or warranty of any kind about any content, information, or data made available via the Services. The accuracy of the data collected and presented through the Services is not intended to replace independent due diligence. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Services. Data and information may change from time to time or vary by geographic location. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Update and other notification functionality in 60 Creek’s applications may not occur in real time. Such functionality is subject to delays, some of which are beyond 60 Creek’s control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using the Services;
- your use of or your inability to use our Services;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of our Services;
- the content, actions, or inactions of third parties;
- a suspension or other action taken with respect to your account or breach of these Terms; or
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to these Terms or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, your improper use of 60 Creek’s Services or your breach of any law or the rights of a third party.
- LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND 60 CREEK HAVE AGAINST EACH OTHER ARE RESOLVED.
You and 60 Creek agree that any claim or dispute at law or equity that has arisen, or may arise, between you and 60 Creek (including any claim or dispute between you and a third-party agent of 60 Creek) that relates in any way to or arises out of this or previous versions of these Terms, your use of or access to the Services, the actions of 60 Creek or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
You and 60 Creek are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and company arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration.
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and 60 Creek, except as otherwise stated in these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 17. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION WILL BE SEVERED AND THE REMAINING ARBITRATION TERMS WILL BE ENFORCED.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and 60 Creek must be resolved exclusively by a state or federal court located in Denver County, Colorado. You and 60 Creek agree to submit to the personal jurisdiction of the courts located within Denver County, Colorado for the purpose of litigating all such claims or disputes.
- CHANGES TO THE SERVICES
We may change or discontinue, temporarily or permanently, any feature, component, or content of the Services at any time without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by us without prior notice to you.
Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign these Terms, and in such event, we will post notice on the Services.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
We may amend these Terms at any time by posting the amended terms on the Services. Our right to amend the Terms includes the right to modify, add to, or remove terms in the Terms. We will provide you at least 10 days’ notice by posting the amended terms. Additionally, we will notify you through the Services and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the Terms through an electronic click-through. These Terms may not otherwise be amended except through mutual written agreement signed by you and a 60 Creek representative who intends to amend these Terms and is duly authorized to agree to such an amendment.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the 60 Creek Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
The Terms and all terms and polices posted through our Services set forth the entire understanding and agreement between you and 60 Creek, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of these Terms: Account Creation, Using the 60 Creek Services, Fees, Content, Authorization to Contact You, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, Changes to the Services, and General.