You agree that by using our Services (“Services”), you are agreeing to enter into a legally binding contract with Aspen Brook, even if you are using our Services on behalf of a company. If you do not agree to this contract (“Contract” or “User Agreement”), do not access or otherwise use our Services. If you wish to terminate this contract, at any time you can do so by the cessation of the use of our Services or by visiting the Profile Management Form available on this website and unsubscribing.
This Contract applies to our Services, including but not limited to Aspen Brook related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, including but not limited to ads, subscription forms, participation forms, submittal forms and the like. This Contract applies to all users of our Services.
You are entering into this Contract with Aspen Brook (also referred to as “we” and “us”).
2.1 Service Eligibility
Our Services are not for use by anyone under the age of 16.
To use our Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you are not already restricted by Aspen Brook from using the Services.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for Aspen Brook to lawfully provide the Services to you without parental consent, including the use of your email address, then the Minimum Age is said older age.
Our Services allow sharing of information in many ways. Information and content that you submit may be seen by other users, including off of our Services. We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
3. Rights and Limits
3.1. Your License to Aspen Brook
As between you and Aspen Brook, you own the content and information that you submit to our Services, and you are only granting Aspen Brook and our affiliates the following non-exclusive license:
A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from our Services, except (a) to the extent you shared it with others as part of our Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- We will get your consent if we want to give others the right to publish your content beyond our Services.
- While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.
By submitting suggestions or other feedback regarding our Services to Aspen Brook, you agree that Aspen Brook can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights, including intellectual property rights.
3.2 Service Availability
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
3.3 Other Content, Sites and Apps
By using our Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Aspen Brook generally does not review content provided by our Users or others. You agree that we are not responsible for others’ (including other users’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. Aspen Brook is not responsible for these other sites and apps – use these at your own risk.
3.4 Intellectual Property Rights
Aspen Brook reserves all of its intellectual property rights in our Services. Using our Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Aspen Brook, Aspen Xchange, Aspen Alert and other Aspen Brook trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Aspen Brook.
4. Disclaimer and Limit of Liability
4.1 No Warranty
TO THE EXTENT ALLOWED UNDER LAW, ASPEN BROOK AND ITS AFFILIATES (AND THOSE THAT ASPEN BROOK WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS ASPEN BROOK HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), ASPEN BROOK AND ITS AFFILIATES (AND THOSE THAT ASPEN BROOK WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF ASPEN BROOK AND ITS AFFILIATES (AND THOSE THAT ASPEN BROOK WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ASPEN BROOK AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF ASPEN BROOK OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Both you and Aspen Brook may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use our Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Users rights to further re-share content and information you shared through our Service to the extent copied or re-shared prior to termination;
- Sections 4, 6, 7, and 8.2 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
6. Governing Law and Dispute Resolution
You and Aspen Brook agree that the laws of the State of Utah, USA, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or our Services. You and Aspen Brook both agree that all claims and disputes can be litigated only in the federal or state courts in Utah, and you and Aspen Brook each agree to personal jurisdiction in those courts.
7. General Terms
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
To the extent allowed by law, the English language version of this Contract is binding, and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding our Services and supersedes all prior agreements for our Services.
If we don’t act to enforce a breach of this Contract, that does not mean that Aspen Brook has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your use of Services) to anyone without our consent. However, you agree that Aspen Brook may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10 herein.
8. Aspen Brook “Dos and Don’ts”
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Use the Services in a professional manner.
You agree that you will not:
- Override any security feature or bypass or circumvent any access controls or use limits of our Service;
- Copy, use, disclose or distribute any information obtained from our Services, whether directly or through third parties (such as search engines), without the consent of Aspen Brook;
- Disclose information that you do not have the consent to disclose (such as confidential information of others (including 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 Aspen Brook, 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 “Aspen Xchange”, “Aspen Brook”, “Aspen Award” or our logos in any business name, email, or URL without our express consent.
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for our Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by Aspen brook and/or any of its affiliates without our expressed written consent.
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize our Services or related data or access to the same, without Aspen Brook’s consent;
- Monitor our Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of our Services;
- Overlay or otherwise modify our Services or their appearance (such as by inserting elements into our Services or removing, covering, or obscuring an advertisement included on our Services);
- Interfere with the operation of, or place an unreasonable load on, our Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
- Violate any additional terms concerning our Service that are provided when you sign up for or start using our Service.
9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by users be accurate and not in violation of the intellectual property rights or other rights of third parties.
10. How To Contact Us
If you want to send us notices or service of process, please contact us at the following;
1776 Park Ave., Suite 4-223
Park City, UT. 84060 USA