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except in writing, signed by both parties urts located within the state of California. The failure of Company, Client, and their third party service providers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS. Terms of Use Use of this site signifies your agreement with the following terms of use. If you do not agree with any of these terms of use, please do not use this site. Denver Publishing Company (the "Company") reserves the right, in its sole discretion, to modify these Terms of Use at any time and you agree to be bound by such modifications through your use of the Company?s site. TRADEMARKS, COPYRIGHTS & RESTRICTIONS All materials on this site, including, but not limited to, images, illustrations, audio clips, video clips (the "Materials") are protected by copyrights which are owned or licensed by the Company. .com and .com are trademarks of the Company. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from .com or any other web site owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company?s copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company. SUBMISSIONS Although comments and questions are welcomed, the Company does not accept unsolicited submissions or creative ideas for its Company programs, newspapers, or products. Any bulletin board postings, messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of the Company. Furthermore, the Company is not responsible for the confidentiality of any information communicated to the Company web site. By communicating Materials to the Company?s site, you are granting the Company a royalty-free, non-exclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform and display the Materials for any purpose, including, but not limited to, advertising and promotional purposes. The Company is not responsible for any Materials posted on the Company bulletin boards or on any other forum on the site (the "Forums"). You agree not to upload, transmit, distribute or otherwise publish in these or any other Forums connected with the Company any Materials which are: libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity; illegal in any way or which advocate illegal activity; an advertisement or solicitation of funds, goods, or services. The Company does not and cannot review or monitor every posting made on its web site and on the Forums, and is not responsible as such for the content of such postings. However, the Company reserves the right at all times to disclose any information necessary in its sole discretion to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any information or Materials, in whole or in part, that in the Company's sole discretion are objectionable or in violation of these terms and conditions. Please notify the Company of a copyright infringement. LINKS The Company is not responsible for the content of any sites which may be linked to .com. These links are provided for your convenience only and you access them at your own risk. DISCLAIMERS By using this web site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, agents, distributors and affiliates for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTIC WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME UPON NOTICE FROM Their, WHICH NOTICE MAY BE PROVIDED TO YOU ON THE PAGES THROUGH WHICH YOU ACCESS OR USE THE SERVICES. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT AND EXHIBIT A HERETO. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST NOT USE THE SERVICES! Their INCORPORATED END-USER SERVICES AGREEMENT This End-User Services Agreement ("Agreement") is an agreement between you, an individual or an individual acting on behalf of your employer, a corporation, partnership, or other legal entity that will be using Their services ("User"), Their Incorporated, a California corporation located at 2216 O'Toole Avenue, San Jose, CA 95131 ("Company"), and the owner of the Web site through which you have requested Their services ("Client"). Their services, as described below in Section 2 and Exhibit A hereto (the "Services"), include proprietary materials, the use of which is subject to the terms and conditions of this Agreement. 1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT The Services, provided by Company on behalf of Client, are provided to User under the terms and conditions of this Agreement and Exhibit A hereto, any ame ECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT. (d) IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50. (e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS. (f) If you have chosen the virus scanner, please be advised that this virus scanner may not be able to detect or repair all viruses and variants, as new viruses and variants frequently appear. Please be aware that there is a risk involved whenever downloading email attachments to your computer or sending email attachments to others and that, as provided in the Terms of Service, neither Their nor its licensors are responsible for any damages caused by your decision to do so. (g) If you have chosen to use our SpamShield Pro, please be advised that this product and product of its type are not 100% effective and from time to time our product may misclassify spam as legitimate mail and legitimate mail as "spam". Users are advised to periodically check their "spam" folder for email that may have been mislabeled, as provided in the Terms of Service neither Their nor its licensors are responsible for any damages caused by your decision to use SpamShield Pro. (h) Their may place limits on mail a user can send in a given period of time in order to protect the health of the company's network. Free (Sponsored Mail) users may be limited to no more than 100 emails a day, while users of the company's paid service will be limited to no more that 500 emails a day per user excluding emails sent inter-domain. Business Mail and Outsource Mail customer may contact their representatives for exemptions to this clause. Each message can be sent to a maximum of 50 e-mail addresses at once. These addresses can be distributed among the To, Cc, and Bcc lines, or they can all be on one line. 15. AMENDMENT stupsertod, stup372site stupgr19