TERMS OF USE

Last Revised: March 27, 2019

PLEASE READ THESE TERMS OF USE CAREFULLY. ACCESSING OR USING THIS WEBSITE, CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY SCUTAGLI, LLC FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”) AND SCUTAGLI, LLC GOVERNING THE USE OF THE WEBSITE. IF USER DOES NOT AGREE TO THESE TERMS, USER SHOULD NOT ACCESS OR USE THIS WEBSITE. THESE TERMS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO USER.

These Terms apply to your access to, and use of, all or part of any website or mobile application of Scutagli, LLC or its subsidiaries and affiliated companies (collectively, “Scutagli, LLC”).

In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the website, these Terms will govern. However, if you navigate away from the website to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.

Eligibility

The website is not targeted towards, nor intended for use by, anyone under the age of 18. A USER MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE WEBSITE.

Privacy

Please read the Privacy Policy carefully to understand how Scutagli, LLC collects, uses and discloses personally identifiable information from its users. By accessing or using the website, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.

Copyright, Trademarks, and User License

Unless otherwise indicated, the website and all content and other materials therein, including, without limitation, logos and all designs, text, graphics, pictures, information, data, (collectively, “website materials”) are the property of Scutagli, LLC or its licensors or users and are protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

Indemnification

The User agrees to defend, indemnify, and hold harmless Scutagli, LLC, its parent, subsidiary and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors (“Scutagli Indemnitees”) from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) (“Claims”) that arise from or relate to the User’s use or misuse of the Website, violation of these Terms, violation of any rights of a third party, any User Content or Ideas you provide, or your conduct in connection with the Website. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by a Scutagli Indemnitee’s sole negligence. Scutagli,LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

Warranties; Disclaimers

SCUTAGLI, LLC IS PROVIDING THE WEBSITE TO THE USER “AS IS” AND THE USER IS USING THE WEBSITE AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, SCUTAGLI,LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE WEBSITE IS MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE WEBSITE BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE WEBSITE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NOTWITHSTANDING THE FOREGOING, NONE OF THE DISCLAIMERS IN THIS PARAGRAPH SHALL APPLY TO WARRANTIES RELATED TO PERSONAL INJURY.

No Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL SCUTAGLI, LLC (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE WEBSITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM SCUTAGLI, LLC), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SCUTAGLI’S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE WEBSITE OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE WEBSITE.

Modifications to the Sites

Scutagli, LLC reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that Scutagli, LLC will not be liable for any modification, suspension or discontinuance of the Website or any part thereof.

Termination

Notwithstanding any of these Terms, Scutagli reserves the right, without notice and in its sole discretion, to terminate your license to use the Website and to block or prevent your future access to and use of the Website. Scutagli, LLC’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

Changes

Scutagli, LLC reserves the right to change or modify these Terms or any other Scutagli, LLC policies related to use of the Website at any time and at its sole discretion by posting revisions on the Website. Continued use of the Website following such changes or modifications to the Terms or other Scutagli, LLC policies will constitute acceptance of such changes or modifications.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Contact

Any questions, complaints, or claims regarding the Website should be directed to:

Scutagli, LLC
Customer Care
25209 US Highway 40
Golden, CO 80401