Legal Terms & Conditions

By using or allowing others to use this website (“Site”), you (the “User”) are agreeing to be bound by these legal terms and conditions (“Agreement”). If you do not agree to the terms and conditions of this Agreement, do not use this Site. Replin & Rhoades, LLC reserves the right to change or terminate the terms of this Agreement at any time and from time to time without any notice to you by posting said changes on the Site. Any such changes are hereby incorporated into this Agreement by reference as though fully set forth herein.

General Provisions

1.Indemnification. You, the User of this Site, agree to indemnify and hold Replin & Rhoades, LLC, its subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of this Agreement or in connection with any use of the Site including but not limited to any damages, losses, or liabilities whatsoever with respect to damage to any property or loss of any data arising from the possession, use, or operation of the Site or arising from transmission of information or the lack thereof connected with the Site described in this Agreement.

2.Termination. This Agreement shall remain in effect until terminated. This Agreement may be terminated at Replin & Rhoades, LLC’s sole discretion and without prior notice. This Agreement will terminate automatically without notice from Replin & Rhoades, LLC if you or any other person or entity using the Site violates any provision of this Agreement. Replin & Rhoades, LLC shall not be liable to you or to any third party for any termination. Upon termination you or any other person using the Site shall cease to use the Site at your sole cost and expense.

3.Updates. At its option, from time to time, Replin & Rhoades, LLC update the Site at its sole discretion. Unless explicitly stated otherwise, any such updates will be subject to the terms of this Agreement including any amendments to this Agreement, to be determined in Replin & Rhoades, LLC’s sole discretion.

4.Proprietary Materials. All content available through the Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files, and their selection and arrangement (“Site Content”), are the proprietary property of Replin & Rhoades, LLC. All Site Content contained in or related to the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You hereby agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such content or materials.

5.Disclaimer of Warranty. The Site is provided “as is”, with all faults and without warranty of any kind. Replin & Rhoades, LLC hereby disclaims all warranties with respect to the SITE, either express, implied, or statutory, including but not limited to the implied warranties of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Replin & Rhoades, LLC does not warrant, guarantee, or make any representations THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS, THAT THe SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. You assume the entire risk as to the quality, results, and performance of the Site as well as the entire risk and cost of all service, repair, or correction. No oral or written information, advice, suggestions, or recommendations given by Replin & Rhoades, LLC, its representatives, dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this Agreement and you may not rely on any such information, advice, suggestions, or recommendations. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consumer rights so some exclusions and limitations may not apply to you.

6.Limitation of Liability. You hereby agree that Replin & Rhoades, LLC, its subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, shall not be liable to you or any third party for any indirect, special, consequential, or incidental damages including but not limited to damages for loss of profits, business interruption, loss of business opportunity, loss of data, or any other hardship, damages, or losses arising out of or related to: the use or inability to use the Site, however caused; unauthorized or accidental access to or alteration of data; statements or conduct of any third party; or any matter relating to the use of the Site; and even if Replin & Rhoades, LLC has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain remedies or damages so some exclusions and limitations may not apply to you.

7.Severability. If any provision of this Agreement is held to be ineffective, unenforceable, or illegal for any reason, Replin & Rhoades, LLC may reform such provision to the extent necessary to make it effective, enforceable, and legal or such provision shall be deemed severed and in either case this Agreement with such provision reformed or severed shall remain in full force and effect to the fullest extent permitted by law.

8.Controlling Law and Controversies. This Agreement shall be governed by the laws of the State of Colorado and of the United States. Any dispute related to this Agreement which cannot be resolved through negotiation will be settled through mediation administered by a mutually agreed upon mediator in Denver, Colorado under the Commercial Mediation Procedures of the American Arbitration Association. If mediation fails to resolve the dispute, you agree that the dispute shall be settled through arbitration administered by one mutually agreed upon arbitrator in Denver, Colorado under the Commercial Arbitration Rules of the American Arbitration Association.

9.Entire Agreement. This Agreement constitutes the entire agreement between Replin & Rhoades, LLC and the User relating to the subject matter hereof and supersedes all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof. No modification, amendment, waiver, termination, or discharge of any portion of this Agreement shall be binding unless executed and confirmed in writing by Replin & Rhoades, LLC.

End User Terms and Conditions

1.Ownership. This Site and associated materials are the property of Replin & Rhoades, LLC. By using this Site, you are agreeing only to a non-exclusive, nontransferable license to use, according to the terms of this Agreement, the Site. Replin & Rhoades, LLC reserves and retains all right, title, and interest (including but not limited to copyrights, patents, trademarks, and service marks and other intellectual property rights) in and to the Site.

2.Use. The copying, reproduction, duplication, translation, reverse engineering, adaptation, decompilation, disassembly, reverse assembly, modification, or alteration of the Site or any portion thereof is expressly prohibited without the prior written consent of Replin & Rhoades, LLC.

3.Identifying Information. You hereby represent and warrant that any and all information provided by you to Replin & Rhoades, LLC shall be complete, true, accurate, and current. You hereby guarantee that you are authorized to provide such information and that you have read and agreed to the terms of the Privacy Policy included in this Agreement and associated with this Site.

4.Third Party Sites and Content. The Site may contain (or may send you through or to) links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). Replin & Rhoades, LLC does not check such Third Party Sites and Third Party Content for accuracy, appropriateness, or completeness and Replin & Rhoades, LLC is not responsible for any Third Party Sites accessed through use of the Site or for any Third Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Replin & Rhoades, LLC.

Privacy Policy

Replin & Rhoades, LLC institutes the terms of this privacy policy (“Privacy Policy”) to ensure that Users’ personally identifiable information (“PII”) is maintained in a safe, secure, and responsible manner. The following describes how Replin & Rhoades, LLC collects, uses, and shares the PII obtained from and about individuals who use the Site. This policy does not apply to information that Replin & Rhoades, LLC may collect outside the use of the Site, such as over the phone, by fax, or through conventional mail.

1.Information Collected. The only PII collected from you has been voluntarily submitted and provided to Replin & Rhoades, LLC through your use of the Site. The types of information that Replin & Rhoades, LLC may collect include but are not limited to: name, web address, email address, and comments submitted.

2.Replin & Rhoades, LLC Rights.
(a)Replin & Rhoades, LLC reserves the right to use “cookies” to personalize the online experience.

(b)Replin & Rhoades, LLC reserves the right to share PII with affiliated companies and third parties. You can request that your PII not be shared with independent third parties by making a request in writing to the address listed below.

(c)Replin & Rhoades, LLC reserves the right to disclose PII if required to do so by law or under the belief that such action is necessary to (a) comply with the law or with a legal process, (b) protect against misuse or unauthorized use of the Site, (c) enforce the terms of this Agreement, or (d) protect the personal safety or property of other users, the public, or Replin & Rhoades, LLC employees.

3.Third Party Web Sites. This Privacy Policy applies only to the Site and not to the websites of partners, affiliates, or third parties. You may be required to accept additional policies prior to your use of links accessed through the Site. Replin & Rhoades, LLC is not responsible for the privacy policies of third party websites.

4.Access and Corrections to PII and Opting Out of Further Communications. Use the contact information below to request:
(a)Corrections or updates of any PII in Replin & Rhoades, LLC’s database that you believe to be erroneous;

(b)An opt-out of future communications from Replin & Rhoades, LLC; or

(c)Replin & Rhoades, LLC to make reasonable efforts to remove PII from its online database. You acknowledge and accept that it may be impossible to delete personal information entirely because of backups and records of deletions.

(d)You may access or correct your PII or opt out of further communications by writing to:
Replin & Rhoades, LLC
222 Milwaukee Street
Suite 304
Denver, CO 80206

5.Changes in Corporate Structure. If all or part of Replin & Rhoades, LLC is sold, merged, or otherwise transferred to another entity, the PII provided through use of the Site may be transferred as part of that transaction or process.

6.Contact. If you have any questions regarding this Privacy Policy, please contact:
Replin & Rhoades, LLC
222 Milwaukee Street
Suite 304
Denver, CO 80206

© 2008 Replin & Rhoades, LLC
All rights reserved.