READ THESE TERMS OF USE BEFORE ACCESSING OR USING THE SITE – BY
ACCESSING THE SITE YOU ACCEPT AND ARE BOUND TO THESE TERMS AND
CONDITIONS
ACES maintains the www.aces-win.com Site (“Site”). By using the Site, you agree that you have read, understand, and agree to all terms of use (“Terms of Use”) in this document, which incorporate our Privacy Statement. By accessing the Site, you (“User”) accept without limitation or qualification and agree to be bound by and abide by these Terms of Use. ACES may revise and update these Terms of Use from time to time in its sole discretion and without notice to you posted on the Site and your continued use of the Site following such posting means that you accept and agree to any and all changes to the Terms of Use.
USER CONDUCT
You may use this website only for lawful purposes and in accordance with these Terms of Use, and you agree not to: use this website in any manner that could disable, overburden, damage, or impair this website, or interfere with any other use of this website, including, but not limited to, any user’s ability to engage in real-time activities through this website; use any robot, spider or another automatic device, process or means to access this website for any purpose, including to monitor or copy any of the material on this website; use any manual process to monitor or copy any of the material on this website, or to engage in any other unauthorized purpose without the express prior written consent of ACES; otherwise use any device, software or routine that interferes with the proper working of this website; or otherwise attempt to interfere with the proper working of this website. You further understand and acknowledge that any unauthorized, anticompetitive, or illegal use of the Website will be in violation of state and federal law, and you will be subject to criminal and civil penalties as a result. Unless otherwise indicated, the Site and the material on the Site, including but not limited to all text, HTML code, graphics, button images, and the site design and “look and feel,” are owned or licensed by ACES and are protected pursuant to U.S. and foreign copyright, trademark, and other laws. No intellectual property or other rights in or to the Site or its contents are transferred to you. The information provided on the Site is provided solely for illustrative and/or informational purposes and does not create any business, contractual or employment relationship. “ACES” and all other services marks or trademarks used on the Site are the registered and/or unregistered service marks or trademarks of ACES or its licensors. The use of these or any other service marks or trademarks on the Site is prohibited without express written permission from us and/or the owner of any such service mark or trademark. Unless expressly permitted, you may not create a link to the Site. Our Site may contain links to other Sites, including various social media Sites. ACES does not regularly review materials on sites linked to from the Site and does not necessarily endorse the materials appearing on any sites linked to or from the Site. ACES assumes no responsibility for the content or the policies and practices of such other sites. We encourage you to be aware when you leave the Site and to read the privacy policies of any other site that you visit.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; and INDEMNITY
THE MATERIAL ON THE SITE IS PROVIDED ’AS IS’ AND ‘AS AVAILABLE’ AND IS WITHOUT WARRANTY OF ANY KIND. ACES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND THE MATERIAL ON THE SITE. ACES ALSO MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION
ACCESSIBLE ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT. ACES MAKES NO REPRESENTATION THAT MATERIALS IN THE SITE ARE LEGALLY ACCESSIBLE FROM ANY PARTICULAR LOCATION AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. ACES ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE SITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL ACES BE LIABLE FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF ACES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENTS OF THE SITE. CERTAIN STATE LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
You will indemnify and hold us harmless from and against any and all claims, losses, and damages, including attorneys’ fees, that arise in connection with your use of the Site or your breach of these Terms of Use and or the Privacy Statement.
SECURITY
ACES follows generally accepted industry standards to protect the information collected on the Site. That said, no data security measures are 100% secure. Therefore, while ACES implements reasonable physical, technical, and administrative measures to protect the information it collects, ACES cannot guarantee the absolute security of such information.
CHOICE OF LAW
These Terms of Use shall be governed by the laws of the State of Colorado.
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