Disclaimer

TERMS OF USE



Effective: February 25, 2016

The terms and conditions of use set forth herein (“Terms of Use”) apply to your use of www.chotin.com (the “Site”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. The Chotin Group Corporation and its affiliates (collectively, “us”, “we” or “our”) hereby grant you a license to access and use the Site in accordance with these Terms of Use. By using the Site, you signify your assent to these Terms of Use without limitation or qualification. If you do not agree to these Terms of Use, please do not use the Site.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Site after we have posted changes to these Terms of Use, you are agreeing to accept the Terms of Use as amended.

DISCLAIMER. THE SITE AND ALL CONTENT (AS DEFINED BELOW) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CHOTIN GROUP CORPORATION AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER THE CHOTIN GROUP CORPORATION NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATION OR WARRANTY (EITHER EXPRESS OR IMPLIED): (I) THAT THE SITE OR THE CONTENT ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, UNINTERRUPTED, OR ERROR-FREE; (II) THAT DEFECTS OR ERRORS WILL BE CORRECTED; (III) THAT THE SITE, CONTENT, OR THE SERVER(S) THAT MAKES THE SITE AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF CONTENT ON OR ACCESSED THROUGH THE SITE.

THE CONTENT ON THIS SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE INVESTMENT ADVICE OR AN OFFER FOR MANAGEMENT SERVICES OR OTHER PRODUCTS OR SERVICES.

NO DUTY TO UPDATE. This Site may contain information, news, press releases, and other Content about, among other things, The Chotin Group Corporation and its affiliates. While this Content is believed to be accurate as of the date it was prepared, we disclaim any duty or obligation to update such Content. Information about companies other than us contained in the news, press releases, or other Content on the Site, should not be relied upon as being provided or endorsed by The Chotin Group Corporation or its affiliates.

CHANGES TO THE SITE. The Chotin Group Corporation reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Content) at any time. You agree that the Chotin Group Corporation will not be liable to you or to any third party for any such change, suspension, or discontinuance.

RESTRICTIONS ON USE. Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, logos, trademarks, service marks, icons, photographs, video clips, and written and other materials that are part of the Site (collectively, “Content”) are owned by The Chotin Group Corporation and its affiliates and licensors, and are protected under copyright, trademark, and other applicable U.S. laws and international laws and treaties. No Content from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of such designated Content on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices contained in such Content. You may not distribute, modify, transmit, reuse, repost, or use the Content for public or commercial purposes without The Chotin Group Corporation’s prior written permission.

You further agree not to:

JURISDICTIONAL ISSUES. Unless otherwise specified, the Content on or accessible through the Site is presented solely for the purpose of promoting products and services available in the United States and its territories, possessions, and protectorates. The Content does not constitute a solicitation of an offer to any person or entity outside of the U.S. who is prohibited from receiving such information under the laws applicable to their place of citizenship, domicile, or residence, and is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to any law or regulation, or which would subject The Chotin Group Corporation or its affiliates to any registration requirement within such jurisdiction. The Site is controlled and operated by The Chotin Group Corporation from its offices within the State of Colorado, United States of America. Neither The Chotin Group Corporation nor any of its affiliates makes any representation that the Content or any Content on or accessible through the Site are appropriate or available for use in other locations or that access to the Site or use of the Site or any Content is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. You may not use or export any Content in violation of U.S. export laws and regulations.

TRANSMISSIONS TO AND FROM THE SITE. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the Site may not be secure. The Chotin Group Corporation does not want and cannot accept any information sent via electronic means that users consider confidential and/or proprietary. Communications to The Chotin Group Corporation, particularly those containing confidential information, may be sent by mail to the address set forth at the bottom of these Terms of Use.

FEEDBACK. All comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Site or in response to solicitations on the Site (“Submissions”) shall be deemed to be non-confidential and non-proprietary, and The Chotin Group Corporation and its affiliates will be free to use your Submissions for any purpose.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CHOTIN GROUP CORPORATION OR ANY OF ITS AFFILIATES BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES THAT ARISE OUT OF OR RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT ON OR ACCESSIBLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF BUSINESS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF THE CHOTIN GROUP CORPORATION OR ANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, THE CHOTIN GROUP CORPORATION OR ANY OF ITS AFFILIATES IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF USE, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE CHOTIN GROUP CORPORATION AND ITS AFFILIATES TO YOU OR ANY THIRD PARTY EXCEED IN THE AGGREGATE THE LESSER OF (I) U.S. $100 AND (II) THE TOTAL AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.

INDEMNIFICATION. You agree to indemnify, defend, and hold The Chotin Group Corporation, its affiliates, and its and their respective officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site and/or any Content, or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Site.

LINKS TO OTHER WEB SITES AND SERVICES; LINKING POLICY. The Site may display, include, or make available third-party content (including data, information, applications, and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). Neither The Chotin Group Corporation nor any of its affiliates reviews or monitors any websites linked from or to the Site or other Third Party Materials. If you visit any third-party websites linked to the Site, you do so at your sole risk. Accordingly, neither The Chotin Group Corporation nor any of its affiliates are responsible for any Third Party Materials, nor will any of them be liable in any respect whatsoever for any damages arising from your access to or use of any Third Party Materials. Any links to other websites on the Site are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation, or warranty by The Chotin Group Corporation or any of its affiliates with respect to any such linked websites or the content, products, or services contained or accessible through, or the operators of, such websites. You agree not to link any of your websites or any third-party website to the Site without the express prior written consent of The Chotin Group Corporation. The Chotin Group Corporation reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website to the Site.

WAIVER AND SEVERABILITY. No waiver by The Chotin Group Corporation or any of its affiliates of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term, or provision of these Terms of Use at that time or a waiver of that or any other right, term, or provision of these Terms of Use at any other time. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

GOVERNING LAW AND CONSENT TO JURISDICTION; WAIVER OF JURY TRIAL. These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Colorado, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado. You agree that any dispute or action at law or in equity arising out of or relating to these Terms of Use or your use of the Site or any Content shall be commenced only in the state or federal courts located in Denver, Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE OR ANY CONTENT.

LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE OR ANY CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

QUESTIONS OR COMMENTS. If you have any questions about the Site or these Terms of Use, please write to us at:

The Chotin Group Corporation
5675 DTC Boulevard, Suite 200
Greenwood Village, CO 80111
Attn: Webmaster