WWW.COLORADORESPITECOALITION.ORG

TERMS OF SERVICE

Effective: 9/17/2020

INTRODUCTION

Welcome to the Internet sites (the “Sites”), applications and services provided by the Colorado Respite Coalition (collectively, the “Services”), a program of Easter Seals Colorado, a Colorado nonprofit corporation. Throughout the Site, the terms “we”, “us” and “our” refer to the Colorado Respite Coalition.

Please read the following Terms of Service (these “Terms”) carefully before accessing and using the Sites as they contain important legal terms and conditions that you accept when you access the Sites or otherwise use any of those services provided by us by or through the Sites, including, without limitation, all associated features and functionalities, websites and user interfaces, software applications and content.

These Terms will apply regardless of how you connected to the Sites (e.g., connecting through the internet or using a mobile app).

By joining, or each time you access and use the Services, you signify that you have read and understand, and agree to be bound by, these Terms. You represent and warrant (i) are at least eighteen (18) years of age, or between thirteen (13) and seventeen (17) years of age and using the Sites with parental or legal guardian consent and supervision; (ii) are registered to the extent required, and have not been previously restricted, suspended or terminated by us; and (iii) are not using another authorized user’s account without that person’s permission. If you do not agree to these terms, you are not permitted to use the Sites. These Terms have the same force and effect as an agreement in writing.

1. Applicability. For purposes of these Terms, “Sites” includes www. coloradorespitecoalition.com and any other websites or portals managed by us through which we interact with you or promotes the products and services offered on the Sites. For the purposes of these Terms, the terms “you” and “your” shall mean the individual or entity registering an account with us through the Sites or otherwise accessing the Sites. To the extent reasonably applicable, the terms “you” and “your” shall also include all affiliates, officers, directors, members, managers, shareholders, partners, employees, agents, independent contractors and all other authorized third-party users accessing, utilizing, operating or otherwise making use of the Sites through a registered account of an individual or entity.
   PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND ANY AND ALL TERMS OF SERVICE THAT REFERENCE THESE TERMS. THESE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND US. THIS AGREEMENT EXPRESSLY INCORPORATES ANY AND ALL TERMS OF SERVICE THAT REFERENCE THESE TERMS OF SERVICE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THESE TERMS OF SERVICE GOVERN ALL USE OF THE SITES, THE PRODUCTS, THE SERVICES AND SOFTWARE ASSOCIATED WITH THE SITE AND ANY AND ALL ASSOCIATED DOCUMENTATION, BOTH ONLINE AND OFFLINE.
   BY CLICKING “I AGREE” OR BY OTHERWISE DOWNLOADING, ACCESSING OR USING ANY PART OF THE SITES, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE, PRODUCTS OR SERVICES OFFERED BY THE SITES, YOU CONSENT TO ALL TERMS AND CONDITIONS SET FORTH IN, AND AGREES TO BE LEGALLY BOUND BY, THIS AGREEMENT, WHICH TERMS AND CONDITIONS SHALL APPLY TO ALL USERS OF THE SITEIN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS OF SERVICE AND ANY OTHER TERMS AND CONDITIONS, THE TERMS OF SERVICE SET FORTH HEREIN SHALL PREVAIL AND CONTROL.
   We may modify these Terms from time to time and shall post the most current version at https://_____________________; it is your responsibility to monitor and stay informed of any changes as such changes may have an impact on your continued use of the Sites following modification of Terms. In the event we make material changes to these Terms of Service, we may provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Sites. You hereby agree to be bound by the modified Terms, which agreement to be bound will be evidenced by your ongoing use of the Sites. To the extent applicable, all intellectual property incorporated into the Sites and utilized by or through your use of the Sites, including, without limitation, any and all upgrades and improvements to the Sites of any nature, is licensed to you and are not sold to you, as we grant to you a revocable, limited, non-transferable, non-exclusive license to access the Sites and use the Services for personal, non-commercial purposes, conditioned on your continued compliance with these Terms of Service.
2. License Limitations. The license granted to you under these Terms of Service is restricted as follows:
   (a) You may use and access the Sites and Services solely for your personal, non-commercial use. All use of the Sites must be in accordance with these Terms of Service.
   (b) You may download or copy downloadable items displayed on the Sites for personal, non-commercial use only, provided that you maintain and display all copyright, trademark and other notices contained therein.
   (c) You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Sites or Services or any contents, information, data or materials provided through the Sites in any manner not expressly permitted by these Terms of Service.
   (d) You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Service, or directly or indirectly permit any third party to use or copy any of the Services.
   (e) You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Sites or in any way reproduce or circumvent the navigational structure or presentation of the Sites to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Sites; (ii) attempt to gain unauthorized access to any portion or feature of the Sites, including without limitation, the account of any other authorized user or any other systems or networks connected to the Sites or to any server used by us or to any of the services offered on or through the Sites, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Sites or any network connected to the Sites, or breach the security or authentication measures on the Sites, or any network connected to the Sites; (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Sites; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or our systems or networks or networks connected to the Sites; (vi) use any device, software, or routine to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person’s use of the Sites; (vii) use the Sites to harvest or collect e-mail addresses or other contact information; (viii) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Sites without our express, separate and prior written permission; (ix) create an intact reproduction of a page or pages of the Sites into another service; or (x) use the Sites in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact us.
   (f) Unless you are an authorized respite provider or a member of the Colorado Respite Coalition, you may not post or transmit through the Sites any material which contains advertising or any solicitation with respect to products or services.
   (g) You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Sites or any materials accessed through the Sites.
   (h) You may not remove any proprietary notices, including copyright and trademark notices, or labels from the Sites on any materials accessed through the Sites.
   (i) You are solely responsible for ensuring your use of the Sites and Services are in compliance with all applicable foreign, federal, state and local laws, rules and regulations.
3. Your Responsibilities.
   (a) You are responsible for obtaining and maintaining at your own cost all equipment and services needed for access to and use of the Sites. Registration with the Sites is required in order to access certain services. When you register with us and each time you access the Sites, you may be providing certain information about yourself. You agree that we may use any information that we obtain about you in accordance with the provisions of our Privacy Policy, which you should review prior to registering with us, and that you have no ownership or proprietary interest in your account other than as set out in these Terms. If you elect to register with us, you agree:
   (i) To provide true, accurate, current, and complete information as prompted by the registration form;
   (ii) To maintain and update such information to keep it true, accurate, current, and complete at all times. If any information you provide is or becomes untrue, inaccurate, or incomplete, we have the right to terminate your access to and use of your account and the Sites;
   (iii) That you are responsible for maintaining the confidentiality of your password and any membership account information
   (iv) That you will immediately notify us of any unauthorized use of your password or other membership account information and further agree to indemnify and hold the Sites, their parents, affiliates, subsidiaries, operational providers and partners harmless for any improper or illegal use of your password.
   (b) In addition, you agree not to use the Sites to:
   (i) violate any local, state, national, or international law or regulation;
   (ii) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
   (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
   (iv) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
   (v) stalk, harass, or harm another individual, including revealing the real name of any fellow user that has chosen to use an alias on the Sites;
   (vi) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
   (vii) use any “robot,” “spider,” “rover,” “scraper” or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Sites, our network or databases;
   (viii) use any features of the Sites for anything other than their intended purpose;
   (ix) interfere with or disrupt the Sites or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites; or
   (x) assist, permit or encourage any person to perform any of the activities described above.
4. Your Submission of Content; Link Sharing.
   (a) The Sites may contain comment areas, questionnaires, tools, and other interactive features where you can share and display content, information, postings, materials, including without limitation, statements, photographs, video and other images (collectively “Materials”). You are solely responsible for any Materials you provide. By submitting Materials to the Sites, you represent and warrant to us that you have all necessary rights to grant, and automatically grant to us and our affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such Materials (in whole or in part) and/or to incorporate them in other works in any form, media or technology now known or developed in the future. You also permit any other users of the Sites to access, view, store or reproduce your Materials and content for that user’s personal, non-commercial use. We will not be required to treat any Materials as confidential, and you grant to us the right to edit, copy, display, publish and distribute any Materials made available via the Sites by you, without compensation to you or any other party submitting the Materials for you. Notwithstanding the right and license, by merely permitting your Materials to appear on the Sites, we are not a publisher of such Materials, and are merely functioning as an intermediary to enable you to provide and display Materials. Moreover, and except as provided in these Terms of Service with respect to our right and ability to delete or remove Materials, we does not endorse, oppose, or edit any opinion provided by you or any other user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any Materials displayed, uploaded, linked-to or distributed by you or any other user.
   (b) The Site may provide You with the opportunity to share links, including a “favorites list” or something similar, with third parties. We do not monitor link sharing or favorites lists. Such favorites list may include, without limitation, the names of service providers, events or resources that You desire to share with a third party via a private link or other internet-based service. Under no circumstances should you share or otherwise disclose any confidential health information of any third parties, including, without limitation, that information protected under the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA). Accordingly, we disclaim any and all liability arising from or otherwise associated with link sharing or favorites lists; moreover, You shall be solely responsible for any and all damages, claims, actions or causes of action arising from those shared links, favorite lists and other materials You share with any third parties and shall indemnify us according in accordance with Section 12 of these Terms.
5. Other Terms and Conditions. Additional notices or terms and conditions may apply to receipt of services, participation in a particular program, sweepstakes, training, authorized user registration to other specific portions or features of the Sites, all of which are made a part of these Terms of Service by this reference. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Sites, the latter terms shall control with respect to your use of that portion of the Sites.
6. External Links. From time-to-time we may provide links that will take you to third-party websites. These links are provided for your convenience only. If you decide to access linked websites, you do so at your own risk. We do not endorse or take responsibility for the content on other website or the availability of other website and you agree that we are not liable for any loss or damage that you may suffer by using other websites.
7. Termination. These Terms of Service and your license to use the Sites will take effect the moment you install, access, or use the Sites and will be in effect until terminated as set forth below. This license will automatically terminate in the event you breach any of these Terms. Termination will be effective without notice. You may terminate these Terms of Service at any time by ceasing to access the Sites or use the Services. All applicable provisions of these Terms as identified below will survive termination. Upon termination, you must destroy all copies of any aspect of the Sites in your possession.
8. WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SITES AND THEIR INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES. WE DO NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SITES OR THROUGH LINKS ON THE SITES. WE DO NOT WARRANT THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITES WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT WE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9. OTHER DISCLAIMERS. CONTENT ON THE SITES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE SITES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE SITES. WE DO NOT REPRESENT OR WARRANT THAT INFORMATION ON THE SITES IS ACCURATE OR COMPLETE, AS INFORMATION MAY BE MODIFIED, UPDATED, OR CHANGED. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON THE SITES AND THAT YOU CONSULT RESPITE PROVIDERS DIRECTLY IF YOU HAVE A SPECIFIC CONCERN OR QUESTION.
10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITES, ITS CONTENT OR PRODUCTS, OR ANY OF ITS THIRD PARTY CONTENT OR SERVICES AVAILABLE OR OFFERED THROUGH THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF THE COLORADO RESPITE COALITION, EASTER SEALS COLORADO AND OUR AFFILIATES UNDER THESE TERMS OF SERVICE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITES.
11. Copyright Infringement and Trademark Rights.
    (a) We are committed to complying with copyright and related laws, and requires all users of the Sites to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content though the Sites in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper written notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow all other relevant procedures specified in the DMCA with regard to the claimed infringement. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
    (b) If you believe that your work has been copied and posted using the Sites in a way that constitutes copyright infringement, please provide our designated agent with a written communication containing the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located to permit us to locate the material; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the owner of the exclusive right in the copyright that is allegedly infringed or authorized to act on the owner’s behalf.
    (c) Our designated agent for notice of claims of copyright infringement can be reached as follows:
    Colorado Respite Coalition Attn: Respite Initiatives 393 S. Harlan Street, Suite 250 Lakewood, CO 80226
12. Indemnification. To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants, subcontractors and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorney fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
13. Modifications to the Sites and Services. We reserve the right to modify, suspend or discontinue all or any aspect of the Sites and the Services with or without notice to you.
14. Miscellaneous
    (a) Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of Colorado.
    (b) Consent to Jurisdiction. Any action or proceeding brought by a party hereto shall be brought only in a court of competent jurisdiction located in Jefferson County, Colorado or the United States District Court District of Colorado and each party hereto agree to submit to personal jurisdiction of those courts for purposes of any action or proceeding.
    (c) Entire Agreement. These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that we make available through the Site and any additional terms to which you agree when using particular elements of the Sites, constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Sites and Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof.
    (d) Transfer of Rights. You may not transfer your rights or obligations under these Terms to anyone else without our prior written consent.
    (e) Conflicts. In the event of any conflict between these Terms and terms of a specific site within the network of Sites, these Terms shall govern.
    (f) Waiver. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing.
    (g) Force Majeure. If the performance of these Terms is adversely restricted or if either party is unable to conform to any warranty by reason of any circumstances beyond the reasonable control and without the fault or negligence of the party affected, then the party affected, upon giving prompt written notice to the other party, will be excused from such performance on a day-to-day basis to the extent of such restriction (and the other party will likewise be excused from performance of its obligations on a day-to-day basis to the extent such party’s obligations relate to the performance so restricted); provided, however, that the party so affected will use all commercially reasonable efforts to avoid or remove such causes of non-performance and both parties will proceed whenever such causes are removed or cease.
    (h) Severability. If any provision of these Terms is held or determined to be illegal, invalid or unenforceable under any present or future legal requirement, and if there shall be no material adverse effect with respect to the rights or obligations of any party under these Terms in connection therewith: (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these Terms; (c) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms; and (d) in lieu of such illegal, invalid or unenforceable provision, there will be added automatically as a part of these Terms a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible.
    (i) Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.
    (j) Survival. The terms of Sections 7, 8, 9, 10, 12 and 14 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Sites. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.
    (k) Equitable Relief. Each party hereto acknowledges that damages will be an inadequate remedy if the other violates the terms of this Agreement pertaining to protection of a party’s intellectual property rights or confidential information. Accordingly, each of them will have the right, in addition to any other rights each of them may have, to obtain in any court of competent jurisdiction, temporary, preliminary and permanent injunctive relief to restrain any breach, threatened breach, or otherwise to specifically enforce any of such obligations in these Terms.
    (l) Enhancement Analysis. We may analyze your usage history and statistics (collectively, “Enhancement Data”) for our internal purposes, including to improve and enhance the Site and the Platform. You hereby authorize and will not interfere with the transmission of Enhancement Data to us. We may make information derived from its analysis of Enhancement Data publicly available, provided that the publicized information does not include any Enhancement Data that has not been aggregated and anonymized. For the purposes of this Agreement, aggregated and anonymized Enhancement Data means Enhancement Data that (i) has been aggregated with other data, and (ii) does not contain information that identifies you. For the sake of clarity, aggregated and anonymized data is not your confidential information.
    (m) Amendment of Terms. We reserve the right to make changes to the Sites, Services, policies and these Terms from time-to-time without notice. Your continued use of the Sites constitutes acceptance of and the intent to be bound by any amendments, additions or modifications to these Terms.
    (n) Third Party Beneficiaries. Except as expressly set forth in this Agreement, no provisions of this Agreement are intended nor will be interpreted to provide or create any third party beneficiary rights or any other rights of any kind in any other party.
    (o) Our Relationship. Both parties are independent contractors of each other. No other person shall have any rights to enforce any of the provisions contained in these Terms. Neither party shall be deemed an employee, agent, partner, joint venture or legal representative of the other for any purpose, and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other, solely as a result of these Terms. In no event shall you be deemed under these Terms as being one of our employees or entitled to any of our employee benefits.