Terms of Use

Cheyenne Mountain Zoological Society Web Site

I. INTRODUCTION

BY VISITING OR USING THIS WEB SITE (WWW.CMZOO.ORG) AND ANY OF ITS WEB PAGES (THE "WEB SITE") AND ACCESSING AND USING ANY CONTENT CONTAINED ON THE WEB SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND THE CHEYENNE MOUNTAIN ZOOLOGICAL SOCIETY (THE "WEB SITE HOST" OR "CMZ").  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE THE WEB SITE.  ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEB PAGES OR WEB SITES WITHIN OR LINKED TO THIS WEB SITE.

The Web Site Host and/or its suppliers/vendors operate this Web Site.  The Web Site Host offers you access to the Web Site in exchange for your Agreement to accept and comply with the terms, conditions and notices stated herein, as may be modified by the Web Site Host or its partners from time to time (collectively "Terms of Use").  Web Site Host reserves the right to modify in its sole discretion these Terms of Use without notification.  You are responsible for regularly reviewing these Terms or Use for changes or updates.

II.  GENERAL TERMS.

Except where expressly stated otherwise, Web Site Host offers you access to the Web Site solely for your personal and non-commercial use.  You hereby agree that you will not use the Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are personal and non-commercial.  You hereby agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from the Web Site or any data, information or other material contained on the Web Site.  In addition, you agree not to "frame" in another web page, use on another web site or transfer or sell any information, software, lists of users, databases, content or other lists or products or services provided through or obtained from the Web Site.  You agree not to engage in practices of  "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information.  You further agree that you will not use the Web Site in any manner that could damage, disable, over burden or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site.  You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided by the Web Site or the Web Site Host.  For example, unless expressly authorized by the Web Site Host, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Web Site.  Unauthorized individuals attempting to access prohibited areas of the Web Site may be subject to prosecution.

Except with the express written permission of the Web Site Host, you agree that you will not create links from any Web Site or Web page to any Web page within the Web Site with the exception of the Web Site homepage at www.cmzoo.org.  Any such link to the Web Site homepage must be accompanied by clear and prominent attribution indicating that the link is connected to the Web Site homepage and the Web Site is the property of the Web Site Host.  You agree that you will not link in anyway that might give arise to an erroneous conclusion that there is an affiliation or association between the Web Site and/or the Web Site Host, on the one hand, and you or any other person or entity on the other hand.  You agree that if the Web Site Host, in its sole discretion, requests in writing that you remove any link or links to the Web Site, you will promptly do so.  You further agree that if you create any link to the Web Site that you will not employ any technology that results in the placement of content from the Web Site in a frame and/or reduced pop-up window and/or any other display mechanism which changes the Web Site from how it is intended to appear.

You agree that the Web Site Host may in its sole discretion and at any time terminate your access to and use of the Web Site, or any part thereof, with or without notice.

III.  LINK TO THIRD PARTY SITES.

The Web Site may contain links to third party web sites ("Linked Site" or "Linked Sites").  The Linked Sites are not under the control of the Web Site Host and the Web Site Host is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  The Web Site Host is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by the Web Site Host of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy statements and Terms of Use posted at the Linked Site.

Any dealings with third parties (including advertisers) included within the Web Site, or participation and promotions, including the delivery of and payment for goods and services, and any other terms, conditions, warranties and/or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party.  The Web Site Host shall not be responsible or liable for any part of such dealings or promotions.

IV.  SOFTWARE AND CONTENT AVAILABLE THROUGH THE WEB SITE.

LIABILITY DISCLAIMER: THE INFORMATION, CONTENT, DATA, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  IN ADDITION, THE WEB SITE HOST CANNOT GUARANTEE THE ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, COMPLETENESS OR TIMELESS OF SUCH INFORMATION. CHANGES ARE PERIODICALLY MADE TO THE WEB SITE AND TO THE CONTENT THEREIN.  THE WEB SITE HOST AND/OR ITS RESPECTIVE SUPPLIERS OR PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME.  ANY ADVICE OR INFORMATION RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PROFESSIONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE WEB SITE HOST AND ITS RESPECTIVE SUPPLIERS/VENDORS AND PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND/OR RELATED GRAPHICS CONTAINED WITHIN THE WEB SITE FOR ANY PURPOSE.  ALL SUCH INFORMATION, CONTENT, DATA, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  THE WEB SITE HOST AND/OR ITS RESPECTIVE SUPPLIERS AND/OR PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, DATA, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT THE WEB SITE HOST SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR CONTENT, SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE.  YOU SPECIFICALLY AGREE THAT THE WEB SITE HOST IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.  YOU SPECIFICALLY AGREE THAT THE WEB SITE HOST IS NOT RESPONSIBLE FOR ANY CONTENT SENT BY ANY THIRD PARTY.

IN NO EVENT SHALL WEB SITE HOST AND/OR ITS SUPPLIERS AND/OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES OR RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF THE WEB SITE HOST OR ANY OF ITS SUPPLIERS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.   IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

INDEMNIFICATION:  YOU AGREE TO INDEMNIFY AND HOLD THE WEB SITE HOST AND ITS SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THIS TERMS OF USE OR YOUR USE OF OR CONDUCT ON THE WEB SITE OR ANY WEB SITE HOST SOLICITED INFORMATION, AFFILIATE SOLICITED INFORMATION AND YOUR PUBLICALLY POSTED INFORMATION, IF ANY, SUBMITTED, POSTED OR OTHERWISE PROVIDED BY YOU TO THE WEB SITE.

V.   MISCELLANEOUS.

This Agreement is governed by the laws of the State of Colorado, USA.  You hereby irrevocably consent to the exclusive jurisdiction and venue of the Courts in El Paso County, Colorado, USA in all disputes arising out of or relating to the use of the Web Site.  Use of the Web Site is unauthorized in any jurisdiction that does not give affect to all provisions of these Terms of Use.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Web Site Host as a result of this Agreement or use of the Web Site.

The Web Site Host reserves the right to disclose any personal information about you or your use of the Web Site, including its contents, without your prior permission if the Web Site Host has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Web Site Host or its affiliated or subsidiary companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its members or others. 

The Web Site Host's performance of this Agreement is subject to existing laws and legal process and nothing contained in these Terms of Use is intended to interfere with the Web Site Host's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by the Web Site Host with respect to such use.  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. 

Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and the Web Site Host with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Web Site Host with respect to the Web Site.  A printed version of this Terms of Use, is hereby agreed by both parties to also constitute a valid binding contract between the Web Site Host and user, and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or related to these Terms of Use, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

VI.   COPYRIGHT AND TRADEMARK NOTICES.

All contents of the Web Site are: © 1995-2006 Cheyenne Mountain Zoological Society, 4250 Cheyenne Mountain Zoo Road Colorado Springs, CO 80906, USA.  All rights reserved.

Trademarks referenced on the Web Site are either trademarks or registered trademarks of the Web Site Host or its suppliers/vendors or partners.

For additional information contact:

Cheyenne Mountain Zoo
Attn: Web Site Director
4250 Cheyenne Mountain Zoo Rd.
Colorado Springs, CO 80906

Phone:  719.633.9925
Fax: 719.633.2254

webmaster@cmzoo.org