1. Privacy Policy. The Applicant represents, covenants and
acknowledges that he/she has reviewed the Privacy Policy and Disclaimers of
Cottonwood Connection ("Policy"), understands the Policy, accepts the terms and
provisions contained therein, and makes this application for membership with a
clear understanding and acceptance of said Policy as if fully incorporated
herein.
2. Marital Status. The Applicant represents and acknowledges that
he/she is single, either never married, or divorced, or legally separated.
3. Age. The Applicant represents and covenants that he/she is eighteen
(18) years of age or older.
4. Indemnification. Cottonwood Connection makes no representations or
warranties, either express or implied, as to the accuracy or authenticity of any
information provided by members of Cottonwood Connection. You acknowledge and
agree that the information regarding other members that may be provided to you
by Cottonwood Connection has not been verified by Cottonwood Connection. You
agree to indemnify and hold Cottonwood Connection harmless from any and all
damages, claims, causes of action, suits, demands and liabilities, including
attorney fees, that arise from or relate to or are a consequence of: (a) any
services provided by Cottonwood Connection to you; (b) any inaccuracies or
non-disclosure of information by you; or (c) any action by you or any other
member as a consequence of your acts or omissions in the use of Cottonwood
Connection services or information obtained by you through Cottonwood
Connection.
5. Member Discretion. Cottonwood Connection is not a "matchmaker". Any
decisions by you to make contact with another member or disclose confidential or
private information about yourself are in your sole, absolute discretion,
subject to the mutual consent of other members to make contact. Cottonwood
Connection does not warrant or represent the good character of any member, and
the determination of the character of those you choose to associate with through
the services of Cottonwood Connection are in your sole discretion and judgment.
Although Cottonwood Connection may perform background checks in their discretion
on individuals with full membership, in a matter of policy, Cottonwood
Connection will not perform background checks on "events only" members and other
participants or guests.
6. Indemnification. Any activities or services organized or offered by
Cottonwood Connection, whether individually or in conjunction with others, shall
be engaged in by Member with the understanding that Cottonwood Connection has no
liability for loss, damage, or injury to person or property as a consequence of
the provision of transportation, or as a consequence of the negligence of
Cottonwood Connection or any other participant.
7. Disclosure of Information. You consent to the use of information
that you provide to Cottonwood Connection in accordance with the Privacy Policy
and Disclaimer of Cottonwood Connection, and understand that, regardless of the
Policy, information may be disclosed to third parties under certain
circumstances.
8. Use of Information. You consent and agree to the use of information
you voluntarily disclose to Cottonwood Connection for purposes of conducting
background checks on you, and to collect any monies owing by you to Cottonwood
Connection.
9. Cancellation of Membership: Upon cancellation of membership,
Cottonwood Connection requires a letter by you with your signature stating your
intention. Your membership may be cancelled at any time however a refund will
not be given if cancellation is requested before the expiration date.
10. Attorney Fees. If any legal action,
arbitration or other dispute resolution proceeding is brought for the
enforcement of these Terms and Conditions, or because of an alleged dispute,
breach, default, or misrepresentation in connection with any of the provisions
of these Terms and Conditions, the prevailing party in such proceeding shall be
entitled to recover all costs and reasonable attorneys’ fees incurred in that
action or proceeding, in addition to any other relief to which it may be
entitled.
11. Assignment. Membership of a member may not be
assigned or transferred, and any attempt at assignment or transfer by Member
shall render membership automatically void.
12. Limitation of Liability. Liability of Cottonwood
Connection shall be limited to the membership fee paid by Member for their
current membership period. No other general or special damages, including
punitive damages, exceeding said fee for the current membership period of Member
shall be recoverable.
13. Severability of Provisions. If any provision of
this Agreement is determined to be invalid, void, or unenforceable, the
remaining provisions shall continue in full force and effect.
14. Entire Agreement. These Terms and Conditions, and the documents
incorporated herein, set forth all of the promises, covenants, agreements,
conditions and undertakings between the parties hereto with respect to the
subject matter hereof, and supersede all prior and contemporaneous agreements
and understandings, inducements or conditions, express or implied, oral or
written.
15. Choice of Law and Venue. This Agreement shall be governed by and
construed in accordance with the internal laws of the State of Colorado without
giving effect to principles of conflicts of laws. Any action brought between the
parties may be brought only in the state courts located in Jefferson County,
Colorado, or in the federal courts located as close as possible to Jefferson
County. Each party consents to jurisdiction in that location and agrees not to
bring action in any other jurisdiction, unless the parties expressly agree in
writing to waive this requirement or to the extent required to enforce any
judgment or order issued by such federal or state court in Colorado.
This Agreement is effective the ___ day of ___________,
200__.
COTTONWOOD CONNECTION LLC:
________________________________
By: Elizabeth J. Anderson, Manager
MEMBER:
_______________________________(Signature)
_______________________________(Print Name)
