- Web Site Legal Notice for General Use


This Legal Notice for General Use applies to all use and proprietary material available through this Internet site, or any authorized alias of this Internet site, hereafter referred to as “this Site.”

By using this Site or the information, data, materials, files or software provided (collectively, the "Information") on this Site you acknowledge and agree to abide by the following terms and conditions. If you do not agree to these terms and conditions, do not use this site. Your use of this Site constitutes your acceptance of the following terms and conditions which comprise this Legal Notice for General Use.

1. Intellectual Property:  Unless otherwise noted, product names, designs, logos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights or other property of Rocky Mountain Performance Excellence. (Rocky Mountain Performance Excellence’s Intellectual Property). All other trade/service marks are the property of their respective owners, whether registered or unregistered.  Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Rocky Mountain Performance Excellence’ Intellectual Property displayed on this Site without the written permission of Rocky Mountain Performance Excellence.

2. Use of this Site: Rocky Mountain Performance Excellence maintains this Site for use by its members in the evaluation of award applications.    Unless otherwise noted, you may download material from this Site for non-commercial, personal use only provided you also retain all copyright, trademark and other proprietary notices contained on the materials
in the same form in which the notices appear.  You may not, however, distribute, modify, transmit, re-use, re-post, or use the content of this Site for public or commercial purposes, including the text, images, audio and video without written permission from Rocky Mountain Performance Excellence.  Changes may be made periodically to the information contained in this Site.You agree not to post any content from this Site to weblogs, newsgroups, mail lists or electronic bulletin boards, without the written consent of Rocky Mountain Performance Excellence.

3. No Warranties; Limitation of Liability: This site is provided “as is” and "as available" without warranties or representations of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  In addition, Rocky Mountain Performance Excellence assumes no responsibility, and shall not be liable for any virus, malware or other damages to your computer equipment, software, data or other property on account of your access to or use of browsing on this site or your downloading of any materials, data, text, images, video or audio from this site or any linked sites.
In no event shall Rocky Mountain Performance Excellence, or any other party involved in creating, producing, maintaining or delivering this site, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from this site.

4. No Endorsement of Third Party Services, Products and Sites:  Descriptions of, or references to, products, services, publications or sites not owned by  Rocky Mountain Performance Excellence or its affiliates do not imply endorsement of that product, service, publication or site.  Rocky Mountain Performance Excellence has not reviewed all material linked to this Site and is not responsible for the content of any such material. 
We may link to, or promote web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.  You agree that Rocky Mountain Performance Excellence is not responsible for the content of any such material.  You agree that your linking to any other sites is at your own risk.

5. Communications with this Site: You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  Rocky Mountain Performance Excellence will fully cooperate with any law enforcement authorities or court order requesting or directing Rocky Mountain Performance Excellence to disclose the identity of or help identify or locate anyone posting any such information or materials.
Any communication or material you transmit to this Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non confidential and non-proprietary.  Rocky Mountain Performance Excellence cannot prevent the “harvesting” of information from this Site, and you may be contacted by Rocky Mountain Performance Excellence or unrelated third parties, by e-mail or otherwise, within or outside of this Site.  Anything you transmit may be edited by or on behalf of Rocky Mountain Performance Excellence, and may or may not be posted to this Site at the sole discretion of Rocky Mountain Performance Excellence and may be used by Rocky Mountain Performance Excellence or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.  Furthermore, Rocky Mountain Performance Excellence is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information.
Although Rocky Mountain Performance Excellence may, from time to time, monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this Site, Rocky Mountain Performance Excellence assumes no responsibility or liability arising from the content of any such content on this site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information on this Site.  Rocky Mountain Performance Excellence assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

6. Assignment:
The terms of this Legal Notice for General Use are personal to you.  You may not assign your rights or obligations under this Legal Notice for General Use to anyone.

7. Governing Law: This
Legal Notice for General Use, as well as any and all claims arising from this Legal Notice for General Use will be governed by and construed in accordance with the laws of the State of Arizona, United States of America applicable to contracts made entirely within the state of Arizona and wholly performed in the state of Arizona, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Legal Notice for General Use will be an appropriate U.S. Federal District Court, unless no federal subject matter jurisdiction exists, in which case you consent to the exclusive jurisdiction and venue in the court selected by Rocky Mountain Performance Excellence. You waive all defenses of lack of personal jurisdiction and forum non conveniens. The prevailing party in any suit or action shall receive all costs and reasonable attorneys’ fees. This Legal Notice for General Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries.  References to a particular product or service do not imply that Rocky Mountain Performance Excellence intends to make such products or services available in such countries.

8. Subscriber/User Services:  If you login/sign on using identification (e.g. a user name) and a password to any aspect of this Internet Site (e.g. the Scorebook Navigator™ service), you agree that your access to and/or use of this Internet Site will be subject to and governed by all of the following:
a - all the terms and conditions of this Legal Notice for General Use;
b - all the terms of conditions of any applicable agreement(s) we have made with a relevant Third Party (e.g. your employer, the   organization for which you are a volunteer, your college/university, etc); and
c - all the other terms and conditions presented to you for your ACCEPTANCE during the login/sign on step(s).