Solving the world's problems, one tip at a time
This Terms of Use Agreement is effective as of March 1, 2007.
tipstrs is brought to you by Snowbound Enterprises, Inc. ("Snowbound"). This Terms of Use Agreement (or "Agreement") is a legal agreement between you and Snowbound governing your participation on the tipstrs site. By using, accessing or registering as a member of the tipstrs site, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the tipstrs site and you should leave at once.
Snowbound can amend this Agreement by posting the amended terms on the tipstrs site. Amended terms takes effect when they are posted. By continuing to access or use the tipstrs site after any such amendment, you agree to be bound by the terms of the amended Agreement.
The tipstrs site is not targeted towards, nor intended for use by anyone under the age of 18. By using the tipstrs site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the tipstrs site. We reserve the right to terminate your membership in the event that Snowbound becomes aware you are under 18.
You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through tipstrs, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, or by Snowbound.
You agree not to disrupt, overwhelm, attack, modify or interfere with the tipstrs site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the tipstrs site.
Other than connecting to tipstrs servers by HTTP requests using a Web browser, you may not attempt to gain access to the tipstrs servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the tipstrs site or otherwise.
You acknowledge that Snowbound has not reviewed and does not endorse the content of any third-party sites linked to from tipstrs and is not responsible for the content or actions of any other sites linked to from tipstrs. Your linking to any service or site is at your sole risk.
Your failure to follow the rules laid out in this agreement may result in suspension or termination of your access to tipstrs, without notice, in addition to Snowbound's other remedies.
You may become a "User" of the tipstrs site, which may grant you additional privileges, by completing the New User Creation form. You agree as a condition of use and membership that we may contact you for the purpose of informing you of changes to this Agreement. You are responsible for safeguarding the password that you use to access any secure areas of the tipstrs site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Snowbound of any unauthorized use of your password.
tipstrs may contain information about and links to third-party sites. Snowbound does not sell, resell or license any products listed on the tipstrs site, nor is Snowbound acting as an agent of sale. Snowbound disclaims any responsibility for, or liability related to, such products (see Disclaimer of Warranties below). Any question, complaints or claims should be directed to the third-party.
You may download, view and print a single copy of any other content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to the tipstrs site, and any other content appearing on the tipstrs site, will remain the exclusive property of Snowbound and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the tipstrs site, of any content appearing on the tipstrs site. You may not copy or modify the HTML code used to generate web pages on the tipstrs site. You may not use the tipstrs site, or any other content appearing on the tipstrs site, on or in connection with any other website, for any purpose.
Snowbound does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on the tipstrs site. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Snowbound. You agree that Snowbound is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
By contributing or submitting any content to the tipstrs site, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Snowbound a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Snowbound, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Snowbound reserves the right to change, condense or delete any content on the tipstrs site that Snowbound deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You are responsible for ensuring that any material you provide to tipstrs, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third-party or is posted with the permission of the owner(s) of such rights.
You agree that you shall not post any information:
You retain all ownership rights to information, text, graphics, or other materials you publish on the tipstrs site. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. Once posted, your content can only be removed by Snowbound.
All content available on the tipstrs site, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by Snowbound, with all rights reserved, or is the property of Snowbound or third parties protected by intellectual property rights.
tipstrs, the tipstrs logo, and Tippy the tipstrs mascot are all trademarks of Snowbound and may not be used without express written permission. Snowbound's servicemarks and trademarks may not be used in connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Snowbound or tipstrs.
If you believe content on the tipstrs site infringes your copyright, you should send notice of copyright infringement to Snowbound's Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. ¤512) by providing the following information:
The notice should be mailed to:
Snowbound Enterprises, Inc. Attn: tipstrs Copyright Agent 3989 Sunshine Canyon Drive Boulder, CO 80302 U.S.A.
Upon receipt of notice as described above, Snowbound will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the tipstrs site.
You acknowledge that Snowbound has no obligation to monitor your access to or use of the tipstrs site, but has the right to do so for the purpose of operating the site, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the tipstrs or collect information from it.
Snowbound reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on tipstrs, in its sole discretion, without notice.
By choosing to use the tipstrs site, you agree to indemnify Snowbound, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through the tipstrs site; or of your use of or connection to the tipstrs site; your violation of the Terms of Use Agreement; or, your violation of any rights of another.
Because we are a venue, in the event that you have a dispute with one or more users of the tipstrs site, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge Snowbound, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than Colorado as it pertains to the enforcement of the release in this section.
SNOWBOUND AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH SNOWBOUND AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT. OTHER THAN WITH RESPECT TO EROYALTIES, WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This Agreement is governed by Colorado law as such laws apply to Agreements entered into and to be performed entirely within Colorado between Colorado residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or the tipstrs site shall be settled by binding arbitration in Boulder County, Colorado in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Colorado law. However, (a) each of us may seek interim relief from a Boulder County, Colorado court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
This Agreement and our Privacy Policy, (which is incorporated herein by reference) constitute the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.
THE TIPSTRS SITE AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PA RTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. The tipstrs site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the tipstrs site, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Snowbound liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the tipstrs site. In addition, Snowbound does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on the tipstrs site constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by Snowbound, in its sole discretion, to a third party. You may not assign your obligations to another entity.
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the tipstrs site. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Snowbound.
