We may change these Terms from time to time by posting the revised Terms at this URL; you can determine when we last revised these Terms by referring to the “LAST UPDATED” line at the bottom. Note that VB&T is unaffiliated with the third parties that host our Sites; has no control over such third parties’ terms, conditions, or policies; and is not responsible for such third parties’ acts or omissions.
The Sites are not intended for children under the age of 13. Please do not access or use our Sites if you are under 13 years of age. By using our Sites, you affirm that you are over the age of 13.
Materials on the Sites
The information and materials available and displayed on the Sites, which may include, without limitation, content, information, photographs, graphics, audiovisual materials, software (e.g., applications in site tabs), links, and comments (collectively, the “Site Materials”), do not necessarily reflect the opinions and views of VB&T. We are not responsible or liable for, and do not represent or warrant the accuracy of, any Site Materials. Site Materials may not be reliable and you should not make any decision or take any action based on Site Materials, particularly those whose reliability you cannot confirm independently.
Your Posts to the Sites
We encourage your interaction with other users on the Sites and to post your own content. However, please keep in mind that the Sites are a public forum and that any information or materials you post to a Site will be publicly available; therefore, please do not disclose any personal, financial, or other sensitive information on a Site. If you choose to post to a Site, you grant VB&T and its designees a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the information and materials you post. Also, if you choose to post to a Site, we expect that your posts will be courteous and on-topic, and that you will not post any of the following materials or links thereto:
- Gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
- The use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography,
- nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products;
- The taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
Or otherwise contains:
- Obscene, indecent, defamatory, libelous, slanderous and/or unlawful content;
- Content that infringes upon, or otherwise violates, the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights;
- Content that is deceptive or fraudulent;
- Hateful, or other discriminatory, disparaging or denigrating content, whether directed at an individual or a group, and whether based upon race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, citizenship, ancestry, marital status, veteran status or mental or physical disability or condition;
- Content that disparages, denigrates, or uses adversarial or confrontational tactics to impact a product, service, person, industry, or organization including, but not limited to, VB&T, or other Site users;
- confidential information that violates any obligation of confidentiality;
- any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; or
- “Spam” advertisements or references to non-VB&T offers, products, services or websites;
- Personal Information such as phone numbers, addresses, or account numbers; or
- Content inconsistent with these Terms and Conditions.
None of your postings will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part, and we will not be liable for any use or disclosure of such postings. Please note that by posting comments, posts, tagged photos, videos, ideas, or any other content on the Sites, you are granting us a nonexclusive, worldwide rights to republish, redistribute, or otherwise use this content in perpetuity in any way we see fit. This includes, but is not limited to, marketing and advertising materials.
Monitoring, Deleting, and Blocking
We reserve the right, but are not obligated, to monitor and, in its sole discretion, to delete any materials and postings (which may include Unsuitable Content) or to block (or request that the third-party host block) users who have posted materials or acted in a manner, in each case, that we believe to be unsuitable for the Sites. We also reserve the right to disclose any posting, the circumstances surrounding its transmission, and the identity of the poster, including without limitation in order to operate the Sites properly, to protect VB&T, its affiliated companies, and other Site users, and to comply with legal obligations or governmental requests.
Questions about Our Products or Services
We advise that the Sites are not the best way to inform us if you need assistance with one of our products or services. To reach VB&T Customer Service, call 303-659-5450, or email us at firstname.lastname@example.org. As a reminder, please do not post any of your specific account details or other personal information. We will never ask you to provide this type of information through this site or any other type of public channel. We are not responsible or liable for any information it provides in response to, or any failure or delay in responding to, any questions, comments or other materials posted to a Site.
The trademarks, trade names, and service marks (the “Marks”) used on the Sites belong to VB&T or to various other parties. Nothing contained on the Sites grant or should be construed as granting any license or right to make commercial use of any VB&T or third party Marks without such party’s prior written permission. No one is authorized to use any of the Marks in any manner without the prior express written permission of the owner of the Mark.
The content provided on our Sites is owned or licensed by VB&T, unless otherwise indicated. This is a license grant, not a transfer of title, and under this license you may not: (a) modify or copy the Site Materials except as otherwise provided; (b) use the Site Materials for any commercial purpose, or for any public display (commercial or non-commercial); (c) remove any copyright or other proprietary notices from the Site Materials; or (d) transfer the Site Materials to another person or mirror the Site Materials on any other server or system.
Violate or Attempt to Violate the Security of the Sites
Any such violations may result in criminal and/or civil penalties against you. We may investigate any suspected violation and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Under no circumstances shall you:
- misrepresent your identity or affiliation in any way;
- restrict, discourage, or inhibit any person from using the Sites, disclose personal information obtained from the Sites, or collect information about users of the Sites;
- reverse engineer, disassemble or decompile any section or technology on the Sites, or attempt to do any of the foregoing:
- gain unauthorized access to the Sites or computers or websites connected or linked to the Sites; and
- launch or use any automated system, including without limitation, “robots”, “spiders”, or “offline readers”, that access the Sites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.
Disclaimer of Warranties
We make no guarantees or warranties of any kind, express or implied, regarding the Sites or any Site Materials. Your access to and use of the Sites and the Site Materials is at your own risk. All Site Materials are provided “AS IS” and we are not responsible for their use or misuse. Access to the Sites from locations where the Sites or the Site Materials may be illegal is prohibited, and you are responsible for compliance with applicable local laws.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITES OR SITE MATERIALS FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON); (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (C) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE SITES OR ANY SITE MATERIALS; (D) WARRANTIES RELATING TO THE OPERATION OF THE SITES (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS); (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY; AND (F) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. VB&T AND ITS PARENT, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS (COLLECTIVELY WITH VB&T, THE “VB&T ENTITIES”) DO NOT WARRANT THAT YOUR USE OF THE SITES OR SITE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER(S) ON WHICH THE SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND THE SITE MATERIALS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF VB&T OR ANY OTHER VB&T ENTITY, OR OF ANY FAN, USER, OR VISITOR OF OR TO THE SITES, WHETHER MADE ON THE SITES OR USING ANY SITE MATERIALS (SUCH AS SOFTWARE AVAILABLE THROUGH THE SITES), SHALL CREATE ANY WARRANTY.
Limitation of Liability
NEITHER VB&T NOR ANY OTHER VB&T ENTITY, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, MARKS, ANY SITE MATERIALS, OR ANY SITE OR SERVICE LINKED FROM THE SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY OF THE FOREGOING IS TO STOP USING THE APPLICABLE SITE OR CONTENT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF VB&T FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO VB&T TO ACCESS THE SITES.
You agree to indemnify VB&T and our affiliates and agents from any third-party lawsuits, claims, demands, damages, liabilities, and costs and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Sites, or your breach or alleged breach, of the covenants, representations or warranties of these Terms.
With respect to content collected through our Sites, we follow the applicable privacy policies of the third-party hosts of our Sites. Please note that these third parties have their own terms and conditions and privacy policies.
Third Party Links
Linking to the Sites
You may create links to our Sites from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Absent our written authorization otherwise, a website that links to the Sites: (a) may link to, but shall not replicate, any content of the Sites (including any VB&T logo or Mark); (b) shall not create a browser or border environment around any content of the Sites; (c) shall not imply that we endorse such website or any products, services, or content available through such website; (d) shall not present false or misleading information about us, our products, or its services; (e) shall not contain content that could be construed as distasteful, offensive, or controversial; and (f) shall contain only content that is appropriate for all age groups.
Your accessing of our Sites in no way shall be deemed to create an agency or employee-employer relationship of any kind between you and VB&T, nor do these terms extend rights to any third party. You also agree that in the course of your accessing and using our Sites, that no relationship is formed between yourself and VB&T that is either confidential or fiduciary in nature beyond any existing relationship you may have with us.
Waiver and Enforceability
The failure of VB & T to enforce any provision or right contained in these Terms and Conditions will not be deemed a waiver of such provision or right. In the event any of the provisions of these Terms and Conditions shall be held to be unenforceable, the remaining provisions shall remain in full force and effect and the unenforceable provisions shall be replaced by such enforceable provisions as comes closest to the intention underlying the unenforceable provisions.
Governing Law; Jurisdiction
You agree that your use of the Sites is governed by the laws of the State of Colorado and any applicable federal United States laws. You agree that any dispute or claim against us, our parent or our affiliates arising out of or relating to these Terms or your use of, or access to, the Sites shall be resolved in a state or federal court located in the State of Colorado and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim.