Terms of Use

Effective 03.13.2017

Overview

This website or mobile application is owned and operated by RPM Events Group, LLC (“us,” “our,” or “we”). These Terms and Conditions of Use (“Terms of Use“) set forth the terms and conditions under which you are authorized to use one of our websites (collectively, the “Site”). We may refer to the Site, and other related web-enabled technologies collectively as our “Services.”

By using our Services, you consent to the guidelines described in these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Services.

To the extent additional rules or guidelines affect your use of our Services, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use.

Description of Service

Our Services provide information about Velorama Colorado and the Colorado Classic, and other festivals, events, concerts and other content we think would be of interest to you. To the extent new services, content or features are added to our Services in the future, your use thereof is subject to these Terms of Use.

Third-party Services and Content

You are able to inquire about various services and events promoted or hosted by RPM Events Group, LLC and certain third parties. We may also provide links for you to purchase tickets through third party ticketing services, some of which may be operated by a third party and not by RPM Events Group, LLC.

Your use of these features and other content or services provided by third parties, including links to third-party websites, are not governed by these Terms of Use. RPM Events Group, LLC is not responsible for the availability of, or any content located on or through, any third-party site. You acknowledge that any reliance on representations and warranties provided by any party other than RPM Events Group, LLC will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party or use of your information by those third parties. Your use of those third-party websites and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies.

Modifications and Interruption to the Services

We reserve the right to modify or discontinue all or any portion of our Services with or without notice. We are not liable if we exercise this right. We do not guarantee continuous, uninterrupted or secure access to Services, or that operation of our Services will be error free. Usage of our Services by you may be interfered with or adversely affected by numerous circumstances outside of our control.

Your Representations

As a condition of your use of our Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Services under the laws of the United States or any other country.

Restricted Activities

You may not engage in any of the following acts or activities regarding to the Services:

(1)    violate any local, state, national, law or regulation;

(2)    collect or store personal data about other users of our Services or solicit personal information from any individual;

(3)    impersonate any person or entity or misrepresent your affiliation with a person or entity;

(4)    send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, statements that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by RPM Events Group, LLC in its sole discretion;

(5)    infringe any trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;

(6)    promote or distribute any unauthorized materials which can be characterized as “junk mail,” “spam,” or similar material, any request for or solicitation of money, goods, or services for private gain;

(7)    disrupt or interfere with the security or use of the Services or any websites or content linked to them;

(8)    interfere with or damage the Services through the use of viruses, Trojan horses, harmful code, denial of service attacks, or IP spoofing, forged routing or email address information or similar methods or technology;

(9) attempt to obtain unauthorized access to the Services or portions thereof that are restricted from general access;

(10) use any meta tags or any other “hidden text” using RPM Events Group, LLC’s (or any third-party) name, trademarks, or product names; or

(11) attempt to reverse engineer or otherwise derive or obtain the code in any software used in the Services.

Further, without our written consent, you may not:

(1)    reproduce, duplicate, copy, sell, resell, or exploit for any purpose any of RPM Events Group LLC’s content or any use of or access to the Services;

(2)    use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Services or copy our web pages or the content contained thereon;

(3)    deep link to the Services for any purpose; or frame the Services, place pop-up windows over any content, or otherwise affect the display of the Services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, RPM EVENTS GROUP, LLC, THEIR RELATED ENTITIES, SERVICE PROVIDERS, LICENSORS, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICES.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY, ANY FAILURES OF DELIVERY, OR ANY LOSS OR DAMAGE OF ANY KIND. UNDER NO CIRCUMSTANCES WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICES. THIS APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY THE COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

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

Indemnification

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

Copyright and Trademark Information

All content, copyrights and other intellectual property rights in the content available on our Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by RPM Events Group, LLC with all rights reserved. In some cases, such content may be licensed by third parties. This content is protected by the intellectual property rights of RPM Events Group, LLC or those owners. All content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with RPM Events Group, LLC.

Permitted Use of the Content

Any use of content on the Services, including without limitation reproduction for purposes other than those noted herein, without prior written permission of an authorized officer of RPM Events Group, LLC, is strictly prohibited. You may download or print a single copy of any portion of the content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such content. You may not make any use of content owned by any third parties which is available on the Services, without the express consent of those third parties.

Links to the Services

You are hereby licensed to create hyperlinks to content on the Services, provided that the hyperlink accurately describes the content to which it links. If you include links to our Services on your website, when the link is clicked, the applicable page within our Services must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the applicable Service, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by RPM Events Group, LLC. Under no circumstances may you “frame” all or any portion of the Services or copy portions of the Services to a server, except as part of an Internet service provider’s incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.

Content Complaints

If you believe that any content on our Services violates these Terms of Use or is otherwise inappropriate, please report the content by completing the Contact Us form on our Services.

Dispute Resolution

Any dispute arising out of or relating in any way to your use of our Services or any products, services, or information you receive through our Services, shall be submitted to confidential, binding arbitration in Denver, Colorado before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Denver, Colorado, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

Governing Laws

The laws of the state of Colorado and the United States govern these Terms of Use and any claims arising out of or relating to use of the Services, without giving effect to any choice of law rules.

Changes to These Terms

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Services, without further notice to you. Your continued use of any of our Services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.

Other Terms

If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of RPM Events Group, LLC. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact Us

If you have any questions about these Terms of Use, please contact:

RPM Events Group, LLC
299 Milwaukee St, 2nd Floor
Denver, CO 80206