Changes to Terms. Aspen Capital and its affiliates and successors (together, "Aspen Capital") reserve the right, in their sole discretion, to change these Terms at any time by updating this posting. You agree to be bound by the changed Terms through your continued use of this Site. Please read these Terms regularly, as they may change at any time. By using the Site after a change in the Terms, you agree to follow and be bound by the Terms as changed.
Content, Trademarks, Copyrights and Licenses
Site Content. Everything you see, hear, or otherwise receive from or on this Site (the "Content") is copyright, trademark, trade dress or other intellectual property owned or licensed by Aspen Capital or its licensors and is protected under U.S. and international law and treaties. Content includes, without limitation, text, images, graphics, artwork, illustrations, designs, icons, audio clips, video clips, sounds, photographs, trademarks, logos, documents, software, and the Site as a whole, and the selection, coordination and arrangement of Content. Except as expressly stated in these Terms, you may not use, reproduce, perform, display, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content without Aspen Capital’s prior written permission.
Trademarks. Most trademarks and service marks appearing on this Site, including among others ASPEN CAPITAL, and associated logos, banners and page headers (the "Marks") are Aspen Capital’s trademarks and service marks. Other trademarks appearing on this Site are the property of their respective owners. Except as expressly set forth in these Terms, use of any Aspen Capital Mark or trade dress is prohibited without Aspen Capital’s prior written permission.
General License. You may use or download Content solely for your personal, noncommercial purposes, provided you keep unchanged all copyright, trademark and other notices. No other use of Content is permitted. Except for this limited license, nothing in the Terms transfers to you any right, title or interest in any Content. Any change to the Content, or any part thereof, or use of the Content for any other purpose, is an infringement of Aspen Capital’s intellectual property rights. Use of the Content or the Marks on any other site or other networked computer environment, whether by copying or framing the content of this Site, or other means, is prohibited without Aspen Capital’s prior written permission. The downloading or export of software or technical data from this Site to any jurisdiction in violation of U.S. export laws is strictly prohibited. Aspen Capital may change, suspend, restrict or discontinue any aspect of the Site at any time, including any Site feature, service or Content.
Access and Interference. You promise to make only lawful use of the Site. You promise to make no use of the Site that violates anyone else's rights, including copyright, trademark, trade secret, privacy or other rights. You agree that you will not: (a) use any spider, robot, scraper, avatar, intelligent agent or other automated data mining techniques to access the Site, extract, copy, download, store, reproduce, distribute or post Content; (b) interfere or attempt to interfere with the proper working of the Site or any other user's use of the Site, including, without limitation, overloading, "flooding", "mailbombing" or "crashing" the Site; (c) insert any code or product or manipulate the Content in any way that affects any user's experience or operation of the Site; (d) take any action that imposes or may impose, in Aspen Capital’s sole discretion, an unreasonable or disproportionately large burden on Aspen Capital’s electronic infrastructure; or (e) bypass other measures Aspen Capital may use to prevent or restrict access to this Site.
Third-Party Links. The Site may contain links to sites operated by third parties. Even if the third party is affiliated with Aspen Capital, Aspen Capital has no control over these linked sites. Any outside links are provided only as a convenience, and use of outside links is at your sole risk. Links from the Site do not constitute Aspen Capital’s endorsement of any third party, its website, or its goods or services. Aspen Capital is not responsible for any outside sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials.
Termination. Aspen Capital, in its sole discretion, may terminate or suspend your access to all or part of this Site, immediately and without prior notice or liability, for any reason or for no reason. Your failure to comply with these Terms automatically revokes your authorization to use the Site and terminates all rights granted to you under the Terms. If your access to this Site is terminated, the restrictions and obligations of these Terms that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, licenses, restrictions regarding the Content, warranty disclaimers, and limitations of liability. If your rights are terminated, you must promptly destroy all Content obtained from this Site, as well as all copies of Content.
Indemnification. You agree to defend, indemnify and hold harmless Aspen Capital and its officers, directors, owners, agents, employees affiliates, licensees and licensors from and against any and all claims, demands, liabilities, losses, damages, costs or expenses, including reasonable attorneys’ fees, due to or arising from or related to your use of the Site in violation of any of the Terms.
Disclaimers and Limitations of Liability
If you are dissatisfied with the Site, any Contents, or any of the Terms, you may contact us at the address listed below. However, your only legal remedy is to stop using the Site.
Warranty Disclaimer. YOUR USE OF THE SITE IS AT YOUR OWN RISK. ASPEN CAPITAL PROVIDES THIS SITE, ALL CONTENT, AND ALL SERVICES OFFERED THROUGH OR FROM THIS SITE ON AN "AS IS" BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, ASPEN CAPITAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT INCLUDED ON THIS SITE. TO THE FULL EXTENT ALLOWED BY LAW, ASPEN CAPITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability. ASPEN CAPITAL SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF ASPEN CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow certain limitations on implied warranties or on damages, so some of the above exclusions may not apply to you. Aspen Capital does not warrant that your use of the Site, the operation of the Site, or any services offered on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site is free of viruses or other harmful elements.
Jurisdiction, Venue, Limitation Period. Aspen Capital displays this Site and the Content solely to market and promote Aspen Capital’s services in the U.S. Aspen Capital makes no representations that the Site is appropriate or available for use in other locations. Aspen Capital controls this Site from its offices in Portland, Oregon. The Terms shall be construed according to Oregon law, without regard to its conflicts of laws provisions. Any dispute arising under or relating to the Terms, Contents, your use of the Site, and the services offered on the Site, shall be resolved exclusively by the state and federal courts of the State of Oregon. By using the Site, you consent to the jurisdiction and venue of Oregon courts with respect to any such dispute. You and Aspen Capital hereby agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
Miscellaneous. If any provision of these Terms, or any portion thereof, is found to be void, unlawful or otherwise unenforceable for any reason, it shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the rest of the Terms shall remain in full force and effect. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms. These Terms are the entire agreement between you and Aspen Capital concerning your use of this Site. These Terms supersede and cancel any prior written or oral agreement between you and Aspen Capital relating to the Site, which shall have no further force or effect. All rights not expressly granted herein are reserved. If you have any questions in connection with this Agreement, please send a written inquiry to Aspen Capital at:
13190 SW 68th Parkway, Suite 110
Tigard, OR 97223