Please read these Terms of Use carefully before using this Site.

1. Terms and Conditions of Use of Site

1. This website at www.activearchive.com (“Site”) provided by the Active Archive Alliance, a non-profit organization (“Alliance”, “us” or “we”), is conditional on your acceptance of the terms set forth herein (“Terms of Use”).  By visiting or using the Site, including without limitation to accessing, using and/or downloading information, reviews, data, ideas, text, graphics, messages, software, images, or any other materials (“Content”) posted, or transmitted for posting, on the Site by anyone (“Site Content”) or by transmitting, posting or uploading any Site Content (collectively, “Use”), you agree on behalf of yourself and any entity on whose behalf you may act, to accept and abide by these Terms of Use for each Use of and visit to the Site.  If you do not agree to abide by these Terms of Use, you must not Use the Site.
2. The Alliance has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms of Use, at any time.  Changes will be effective when notice of such change is posted at the Site.  Please check the Terms of Use frequently for updates by checking “Last Update” at the top of this agreement.  If any modified term or condition is not acceptable to you, you must discontinue your Use of the Site immediately.  Continued Use of the Site after any changes are posted will constitute your acceptance of those changes.
3. These Terms of Use apply exclusively to your Use of the Site and do not alter the terms or conditions of any other agreement you may have with the Alliance.

2. Changes to Site.  The Alliance may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or links to the Site; (ii) adding, removing or changing any fee or charge for Use of the Site or any other Site-related service or feature; or (iii) removing, adding, modifying or otherwise changing a user account or any Content transmitted, posted or uploaded by users (“User Content”) or refusing to post any User Content, in whole or in part, in the Alliance’s sole discretion, whether such Content is in violation of the Terms of Use or otherwise.  The Alliance reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site, at any time, without notice, but has no duty to do so.

3. Permitted Uses.  You agree to Use the Site only for lawful purposes and the Alliance (subject to the Terms of Use herein) grants you a non-exclusive, non-transferable, non-sublicenseable limited right to so Use the Site for such purposes.

4. Prohibited Uses.  You represent and warrant that you will not, nor will you allow others to, directly or indirectly:

1. remove or copy any Site Content, or remove any copyright or other proprietary notices contained on Site Content; sell, reproduce, modify or attempt to modify Site Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any Site Content for any public, commercial, or non-educational or non-personal purpose, including without limitation unauthorized use of Site Content on any other website; or transfer any Site Content to any other person without the prior written consent of the Alliance;
2. print or copy any of the HTML or other computer software and/or code that is accessible at the Site;
3. use or interact with the Site in any manner that could damage, disrupt, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Site, system resources, accounts, servers, networks, computer software, hardware, telecommunications equipment and/or linked sites connected to or accessible through the Site (including, without limitation, uploading, posting or otherwise transmitting on the Site material containing computer viruses, Trojan horses, worms or other files, code or computer programs which are potentially harmful, damaging, disruptive and/or destructive);
4. use any robot, spider, scrapers or other means (whether by automatic program or device, manual process or otherwise) to monitor, copy, summarize, harvest, collect, process, combine, store or otherwise extract, use or disclose any information from the Site or Site Content in whole or in part, respecting other users (including, but not limited to, the name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any user); or circumvent or violate robot exclusion headers or any other means of limiting access;
5. harass another user, use or attempt to use another’s account, password, or other information in connection with the Site; create or use a false identity on the Site, or impersonate any person or entity, including without limitation an Alliance employee or member, or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; register an e-mail address that you do not own or for which you do not have the express permission of the owner to register; or post any incomplete, false or inaccurate information, including without limitation incomplete, false or inaccurate biographical information;
6. disrupt or interfere with any other person’s use or enjoyment of the Site or linked sites, or any services thereof; transmit on, to or from the Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; delete or revise any Site Content posted by any other person or entity; or
7. post notices or advertisements, commercial or otherwise or solicit business from users of the Site, including without limitation posting any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity.

In addition, you agree that you are solely responsible for actions or communications undertaken, or Content transmitted, uploaded or posted in the course of your usage of the Site, and that you will comply with all laws that apply or may apply to your use of or activities on the Site or in respect of any Content.   The Alliance will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.  The Alliance reserves the right at all times to disclose any Site Content or other Content transmitted by you as necessary to satisfy any law, regulation or governmental request.

5. Registration and Password.  You are responsible for maintaining the confidentiality of your registration information (including, without limitation, and as applicable, any log-in or password), and for all uses of your registration information, whether or not authorized by you.  The Alliance may refuse to grant you a user ID that impersonates someone else, is or may be illegal, is or may be protected by trade-mark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.  For security reasons, user IDs and passwords should be non-obvious, hard-to-guess, and changed on a regular basis, and registered users must log-out at the end of each session. You agree to immediately notify the Alliance of any unauthorized use of your registration information or of any other breach of security of which you are aware.

6. Proprietary Rights.  This Site, including without limitation all Site Content, is protected by U.S. and international copyright law and may not be copied (except as necessary to view the Site in your web browser), distributed, modified, or reproduced, in whole or in part, without the prior written permission of the Alliance. Any unauthorized copying, redistribution, reproduction or modification of the contents of the Site by any person may be a violation of trademark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Site Content. Any software, including any files and images generated by such software and code and data accompanying such software used or accessible through the Site (“Software”) is the copyrighted work of the Alliance or its licensors. Except as permitted by law, you may not use Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any Software comprising or in any way making up a part of the Site.  Certain names, graphics, logos, icons, designs, words, titles and phrases on the Site, including, without limitation, ACTIVE ARCHIVE constitute the trademarks, logos, trade names and/or trade dress of the Alliance, and their display on the Site does not convey or create any license or other rights in such trademarks, logos, trade names or trade dress.  Any use of any of same, in whole or in part, without prior written authorization of the Alliance is strictly prohibited.

Third party trademarks, logos, trade names, trade dress and any associated products or services mentioned on the Site are the trademarks or registered trademarks of their respective owners.  The display of these trademarks, logos, trade names, trade dress and associated products or services on the Site does not convey or create any license or other rights in or to such trademarks, logos, trade names, trade dress or any associated products or services.  Any unauthorized use of them is strictly prohibited.

Except as expressly provided herein, the Alliance does not grant any express or implied right or license to you to use any intellectual property, including, without limitation, any patent, trade-mark, copyright, trade secret, or confidential information, of the Alliance or of any other contributor of Site Content.

7. Third Party Linked Sites.  Certain links on the Site may take you to other third party websites.  The Alliance provides these links only as a convenience.  These linked sites are not under the control of the Alliance.  If you use these sites, you will leave the Site.  If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. A linked site may contain its own privacy statement governing the collection and use of your information, and the Alliance is not responsible for the use of any information submitted to the linked site(s). You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked site(s).

The Alliance is not responsible for the contents of any such linked pages or any other pages not under its control.  The Alliance makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described.  Links do not imply that the Alliance sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trade-mark, trade name, logo or copyright symbol of the Alliance.

You may link to our home page or other page on our Site, provided you do so with prior notice and in a way that is fair and legal and does not damage our reputation or take advantage of it and that you remove any such link promptly at the Alliance’s request, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The website from which you are linking must comply in all respects with the applicable provisions of these Terms of Use.  By establishing a link to the Site, you will be deemed to have agreed to the following link conditions and any other linking provisions we may impose from time to time (“Link Conditions”):

1. If you link to the Site, the Alliance grants you a limited, non-exclusive, non-transferable, royalty-free license to use the ACTIVE ARCHIVE word mark (“Licensed Marks”) solely for the purpose of serving as a link from the applicable web site to the Site. For greater certainty, except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any Alliance trademark or logo for any reason without the prior written permission of the Alliance.
2. The linked website, and other materials, shall not:
   1. change in any material way the nature and features of such website from that described to the Alliance in the written notice provided to the Alliance prior to the establishment of the link;
   2. create frames around any part of the Site or use other techniques that alter the visual presentation of the Site;
   3. imply that the Alliance is endorsing you, or any other person, or your or such other person’s products or services;
   4. imply an affiliation between you or any other person, or your or such other person’s products or services, and the Alliance without the prior written consent of the Alliance;
   5. misrepresent the relationship of you or any other person with the Alliance or present false, misleading or otherwise damaging information or impressions about the Alliance or any of its products or services;
   6. contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, and shall be appropriate for all age groups; or
   7. incorporate the Site or Site Content into another website.

The Alliance may at any time, in its sole discretion, immediately terminate any license to use the Licensed Marks and any right to link to the Site, with or without cause.  If the Alliance exercises this right, you shall immediately remove all your links to the Site and shall cease using the Licensed Marks.

The Alliance may amend these Link Conditions at any time.  For greater certainty, you agree to abide by these Link Conditions as amended from time to time.

8. Privacy Statement; Electronic Communication Consent.  Personal information collected via the Site is subject to the Active Archive Alliance Privacy Policy, which is incorporated by reference into these Terms of Use.  YOU HEREBY CONSENT TO THE ALLIANCE COLLECTING, USING AND DISCLOSING YOUR PERSONAL INFORMATION IN THE MANNER DESCRIBED IN THE PRIVACY POLICY.  YOU ALSO HEREBY CONSENT TO THE ALLIANCE SENDING YOU E-MAILS AND OTHER ELECTRONIC COMMUNICATIONS REGARDING THIS SITE AND SITE CONTENT IN ACCORDANCE WITH THE PRIVACY POLICY. YOU CAN CHANGE YOUR E-MAIL AND ELECTRONIC COMMUNICATIONS PREFERENCES BY CONTACTING THE ALLIANCE WITH YOUR REQUEST.

9. User Communications; Content.  Subject to applicable law and the Privacy Policy, any Content sent, transmitted, uploaded or posted by you or on your behalf to the Site or otherwise to the Alliance is provided on a non-confidential basis, including any ratings or reviews posted by you, and the Alliance is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. You hereby grant to the Alliance, its members and their respective service providers and licensees a non-exclusive, royalty-free, perpetual, irrevocable, unrestricted, worldwide right and license to use access, copy, reproduce, distribute, transmit, display, perform, communicate to the public, modify, delete, adapt, publish, translate, create derivative works from, and otherwise use any Content in any form, media or technology now known or later developed, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without providing compensation to you or to any other person, and without any liability to you or any other person. You hereby waive the right to receive any financial or other consideration in connection with such Content, including without limitation acknowledgment of you as the source of such Content.

You irrevocably waive any moral rights or rights of a similar nature that you may have in any Content that you submit, including rights to integrity and attribution of authorship.

By transmitting, uploading or posting any Content with respect to the Site, you represent and warrant that:

1. any Content you provide does not violate these Terms of Use or violate any applicable, provincial, local, territorial, federal, national or international law or regulation and will not cause injury to any person or entity, and any posting or use thereof as contemplated herein will not violate any applicable, provincial, local, territorial, federal, national or international law or regulation or cause injury to any person or entity;
2. you are the sole author and owner of the intellectual property rights thereto;
3. all “moral rights” that you may have in such Content have been voluntarily waived  by you;
4. the Alliance’s access, copying, reproduction, distribution, transmission, display, performance, communication, modification, deletion, adaptation, publication, translation, creation of derivative works from, and other use of the Content as permitted by this agreement will not violate or infringe the intellectual property, privacy or other rights of any third party;
5. you have the right to grant the Alliance the rights and licenses described above (if you are not in a position to grant such a license to the Alliance, you must not submit the Content);
6. all Content that you post is accurate and provided with no intention to mislead;
7. you are at least 13 years old;
8. you are not impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
9. you have not been compensated or granted any consideration by a third party for submitting such Content;
10. you have disclosed any potential conflict or other vested interest, such as the fact that you or someone in your immediate family or household works for the Alliance or any of its members;
11. you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content; and
12. you will not post Content which contains a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

We reserve the right to pre-screen or edit any User Content (including your review), or not to post User Content (including you review), for any reason, including without limitation, if it contains any content which the Alliance deems, in its sole discretion, is inappropriate, contains the following types of content or otherwise violates these Terms of Use (including without limitation, the warranties and/or representations set forth above):

• Content that contains obscenities, nudity or is unlawful, harmful, threatening, explicit, abusive, harassing, defamatory, libelous, vulgar, pornographic, obscene, invasive of another’s privacy, hateful, tortious, racially, ethnically or otherwise objectionable or not suited for a public forum.
• Content which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Content that harms children in any way.
• Content which depicts or describes an unlawful or criminal act or advocates, promotes, or incites any third party to commit, or assist any unlawful or criminal act.
• Content containing statements which members of the public are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Content that infringes or violates any third party’s patent, copyright, trade-mark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
• Content which includes email addresses, URLs, phone numbers, physical addresses or other forms of contact information including but not limited to any name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any individual.
• Content that impersonates any person or entity, including an Alliance, director, officer,  member or staff, or falsely states or otherwise misrepresents your affiliation with a person or entity.
• Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as “inside information”, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Content containing any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• Content which uses the Site for any commercial purpose.
• Content which contains critical or spiteful comments respecting other reviews posted on the Site, their authors or anyone else.

10. Policy for Submitted Ideas.  The Alliance maintains a policy not to accept any ideas from the public in order to avoid possible future confusion between such submitted ideas and ideas of our own, and also to avoid restriction of our own original research and development activities. Such ideas shall be considered Content for purposes herein.  Notwithstanding the foregoing request, if your ideas are brought to our attention, through the Site or by e-mail/postal mail, etc., they will be treated, unless made upon our request and as otherwise agreed upon in writing by us, upon the understanding that you agreed to the following terms:

1. the Alliance is under no obligation to handle the submitted ideas as confidential information and has no obligation to study, evaluate, or adopt the submitted ideas; and
2. the Alliance may itself be developing and creating identical or similar ideas and even if we utilize such ideas in any of our products, or publish or announce information identical or similar in whole or in part to the submitted ideas, we shall neither be responsible nor liable for any compensation therefor.

11. Disclaimers.  The Alliance makes reasonable efforts to ensure that the content it provides to the Site is accurate and current.  However, the Alliance is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Site. We will not be responsible as author, editor or publisher of any Content transmitted with respect to the Site or uploaded or posted to the Site and we expressly exclude our liability for any loss or damage arising from the Use of the Site by any person in contravention of these Terms of Use.  By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases may be misstated or deceptively stated.

You acknowledge that:

1. the Alliance makes no representation or warranty of any kind regarding the Site or Site Content, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of Site Content or related to results to be obtained using Site Content;
2. you will be solely responsible for any Content you provide the Site or otherwise provide to the Alliance, including without limitation for its truthfulness and accuracy; and
3. the Site and Site Content are provided “AS IS” and any use of or reliance on the Site or Site Content shall be at your sole risk.

THE ALLIANCE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE SITE OR SITE CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING AND USAGE OF TRADE.  FOR GREATER CERTAINTY, THE ALLIANCE DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.  WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED HEREIN DUE TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM, TRANSMISSION LINK, OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, LABOUR DIFFICULTIES, INTERRUPTION OF TRANSPORTATION, ACTS OF ANY GOVERNMENT AUTHORITY, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.

12. Limitation of Liability.  YOU AGREE THAT IN NO EVENT WILL THE ALLIANCE HAVE ANY LIABILITY IN CONNECTION WITH THIS SITE OR SITE CONTENT FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING ,WITHOUT LIMITATION, WITH RESPECT TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE SITE, ANY SITE CONTENT OR ANY LINKED SITE, OR FAILURE OF SUCH WEBSITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES, MATERIALS OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES) EVEN IF THE ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.  WITHOUT LIMITING THE FORGOING EXCLUSION, THE ALLIANCE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DAMAGES, CLAIMS OR DEMANDS ARISING FROM YOUR USE OF THE SITE SHALL NOT EXCEED USD $100.  THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU.

13. Indemnification.  You agree to defend, fully indemnify and hold harmless the Alliance and each of its respective directors, officers, staff, members and agents from and against any and all claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from (i) your Use of the Site including Content that you transmit, upload or post to the Site, (ii) anyone accessing the Site using your registration information, log-in or password, or (iii) your misrepresentation or your breach of these Terms of Use.

14. Choice of Law.  By accessing the Site, you agree that all matters relating to the access to or use of the Site shall be governed by the laws of the State of Colorado, without reference to its conflict of law principles.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

15. Infringement Notice.  If you believe in good faith that any Site Content infringes upon your copyright rights, you may request that such Content be removed, or that access to it be blocked. All such notices shall be sent to the Alliance at the address in the “Contact Us” section below.  Please provide us with sufficient contact information so that we may contact you if necessary to address your notice.

16. General.  These Terms of Use constitute the entire agreement between the Alliance and you with respect to the subject matter hereof, and supersede all other agreements between us with respect to the use of the Site.  Any cause of action you may have with respect to your use of the Site or which is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder shall continue in full force and effect. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both parties.  Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any such provision.  No changes to these Terms of Use shall be made except by a revised posting on this page. These Terms of Use shall inure to the benefit of the Alliance. Any and all references in these Terms of Use to the Alliance shall, where the context so permits, include the Alliance’s board of directors. You agree not to export any Site Content in violation of applicable export laws and regulations.  The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, third party content or third party software on or through a link provided on the Site.

17. Additional Terms of Use.  Certain areas of the Site are subject to additional terms, all of which are incorporated by reference into these Terms of Use.  You agree that by using such areas, or any part thereof, you agree to be bound by the additional terms applicable to such areas.

18. Contact Us.  Should you have any questions regarding these Terms of Use, please contact us at:

Active Archive Alliance
6285 Lookout Road
Boulder, Colorado  80301
E-Mail:  pr@activearchive.com