TakeBackExpress.com dedicated to providing visitors to this site with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these terms of service to govern your use of TakeBackExpress.com, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. Your use of our site tells us you have read and agreed to these Terms of Service. Please read them carefully. This Terms of Service is a binding contract between you and Take Back Express, CO regarding your use of TakeBackExpress.com. If you do not agree with any of these terms, please exit TakeBackExpress.com.
ELECTRONIC SIGNATURES EFFECTIVE
The consumer acknowledges and agrees that the provisions related to electronic records, electronic transactions and electronic signatures shall be binding upon the parties in accordance with the Electronic Transactions Act 2000 and 2003. By selecting the "I Agree" check box consumer accepts the terms of this agreement by electronic record and/or electronic signature.
Copyright. All of the information, content, services and software displayed on, transmitted through, or used in connection with TakeBackExpress.com, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Take Back Express. ("TBE"), and its affiliated companies, licensors and suppliers. TBE actively protects its rights to the Content to the fullest extent of the law. You may not use such material except as provided in these Terms of Service.
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the written consent of TBE.
Requests to use of the Content for any purpose other than as permitted in this paragraph should be directed to TBE at (719) 955-2698. In certain cases, you may be able to obtain a license to use individual stories that appear on TakeBackExpress.com through an online vendor we have specifically designated as authorized to license Content on our behalf. If we have authorized a third party vendor to grant you a license to any Content, we will tell you that directly in the portion of the Content you may license. If you do not see our express authorization, you should assume no third party has the right to allow you to use the Content.
Copyright Complaints. TakeBackExpress.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on TakeBackExpress.com, please contact us at the address listed below under the heading "Contact Us."
Trademarks. The Content includes logotypes, trademarks and service marks (collectively "Marks") owned by TBE and its affiliated companies, and Marks owned by other information providers and third parties. For example, TakeBackExpress.com is a trademark of TBE. No Marks may be used in any manner unless approved in advance by TakeBackExpress.com.
Links to, and frames of, TakeBackExpress.com. If you operate a Web site and wish to link to TakeBackExpress.com, you may link only to the home page, www.TakeBackExpress.com, and not to any other page or subdomain of TakeBackExpress.com. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of TakeBackExpress.com without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through TakeBackExpress.com, not to insert any code or product or manipulate the content of TakeBackExpress.com in any way that affects the users experience, and not to use any data mining, robots, cancel bots, Trojan horse, or any data gathering or extraction method in connection with your use of TakeBackExpress.com.
User-Created Content. By placing material on, or communicating with, TakeBackExpress.com, including for example communication during registration, communication on any TakeBackExpress.com bulletin board or message or chat area, posting any photograph, etc., you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant TBE, its affiliates and related entities, including TakeBackExpress.com, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize TBE to include the information you provide in a searchable format that may be accessed by users of TakeBackExpress.com and other TBE Web sites. You also grant TBE and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant TBE the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note that TakeBackExpress.com does not accept unsolicited materials or ideas for use or publication. TakeBackExpress.com is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to TakeBackExpress.com.
Other Specifics about Interactive Areas (Message Boards, Social Media, etc.). TakeBackExpress.com bulletin boards, social media and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of TakeBackExpress.com and the volume of messages and postings, TakeBackExpress.com cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. TakeBackExpress.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES PROHIBITIONS MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
General Disclaimer and Limitation of Liability: While TakeBackExpress.com uses reasonable efforts to include accurate and up-to-date information; we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. TakeBackExpress.com does not represent or warrant that use of any Content, when authorized, will not infringe rights of third parties. In addition, in some cases, Content available on TakeBackExpress.com may be provided and/or hosted by third parties. TakeBackExpress.com has not reviewed all of the sites linked to TakeBackExpress.com and is not responsible for the content of any off-site pages or links to or from any other sites. While TakeBackExpress.com encourages such third parties to abide by these Terms of Service, TakeBackExpress.com has no responsibility for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF TAKEBACKEXPRESS.COM IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH TAKEBACKEXPRESS.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER TBE, NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING TAKEBACKEXPRESS.COM, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. TAKEBACKEXPRESS.COM MAKES NO WARRANTY THAT TAKEBACKEXPRESS.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT TAKEBACKEXPRESS.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
TAKEBACKEXPRESS.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. TAKEBACKEXPRESS.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE TAKEBACKEXPRESS.COM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
TAKEBACKEXPRESS.COM SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING TAKEBACKEXPRESS.COM LAT WEB SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH TAKEBACKEXPRESS.COM, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH TAKEBACKEXPRESS.COM. TAKEBACKEXPRESS.COM ASSUMES NO RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, TAKEBACKEXPRESS.COM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM TAKEBACKEXPRESS.COM.
IN NO EVENT SHALL TAKEBACKEXPRESS.COM, OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TAKEBACKEXPRESS.COM, OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TAKEBACKEXPRESS.COM, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF TAKEBACKEXPRESS.COM; (B) TAKEBACKEXPRESS.COM'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THIS AGREEMENT BY YOU.
International Users. TakeBackExpress.com is controlled, operated and administered by TBE from its offices within the United States. TakeBackExpress.com makes no representation that materials or Content available through TakeBackExpress.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use TakeBackExpress.com or export the Content in violation of U.S. export laws and regulations. If you access TakeBackExpress.com from a location outside the United States, you are responsible for compliance with all local laws.
Miscellaneous: TBE reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of TakeBackExpress.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Please note that your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
TBE may modify, suspend, discontinue or restrict the use of any portion of TakeBackExpress.com, including the availability of any portion of the Content at any time, without notice or liability. TBE may deny access to any person or user at any time for any reason. In addition, TBE (or TakeBackExpress.com) may at any time transfer its rights and obligations under this Agreement to any Sunray Optical affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires TBE, TakeBackExpress.com or any of their assets.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to TakeBackExpress.com must be filed in a federal or state court located in Saint Paul, Minnesota, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of TakeBackExpress.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to TakeBackExpress.com, and all other provisions for which survival is equitable or appropriate.