The following are terms of a legal agreement (“Agreement”) between you and Incline Solutions, LLC. (“Incline Solutions”). By accessing, browsing and/or using this web site (“Site”) you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that Incline Solutions may, in its sole discretion and without notice, revise these terms at any time by updating this posting.
The copyright in all material provided on this Site is held by Incline Solutions or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Incline Solutions or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for informational use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this agreement. Upon termination, you must immediately destroy any downloaded and printed materials. You may not “mirror” any material contained on this Site without Incline Solutions express written permission. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Incline Solutions or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Incline Solutions. All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of Incline Solutions or their respective owners.
The name Incline Solutions and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Incline Solutions. For any questions concerning trademarks, please email Incline Solutions at firstname.lastname@example.org, call us at 720-328-2759 or write to us at the following address:
Incline Solutions, LLC
900 Pearl Street, Suite 300
Boulder, CO 80302
THIS WEB SITE AND INFORMATION WITHIN IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED HERE. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE WEB SITE.
INCLINE SOLUTIONS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICES IN THIS WEBSITE AT ANY TIME AND WITHOUT NOTICE AND WE MAKE NO COMMITMENT TO UPDATE THIS WEBSITE IN ANY RESPECT.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL INCLINE SOLUTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, PROFITS OR ANY OTHER ECONOMIC ADVANTAGE OR COST OF COVER ARISING OUT OF OR RELATED TO THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, UNDER ANY THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF INCLINE SOLUTIONS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. INCLINE SOLUTIONS IS NOT A REGISTERED CPA FIRM IN ANY JURISDICTION.
You hereby indemnify, defend, and hold harmless Incline Solutions and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. Incline Solutions reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You acknowledge and agree that Incline Solutions shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site (“Submissions”). You hereby waive any and all claims against Incline Solutions for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Incline Solutions’ use and publication of such Submissions. This means that anything submitted by you to this Site will be owned by Incline Solutions and may be used by Incline Solutions for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event Incline Solutions’ ownership of such Submissions is successfully contested, you automatically grant Incline Solutions a perpetual, royalty-free, non-exclusive, sub-licensable, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. Incline Solutions does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this Site by any user of this Site, information provider or any other third party. Incline Solutions expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your sole option, liability and risk. You covenant that you shall not post or otherwise publish on the Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Incline Solutions in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this Site, in whole or in part, for any reason.
Lastly, you agree that you will indemnify Incline Solutions against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to any material you have posted.