This Public Notice Database (www.publicnoticecolorado.com), which serves as a repository for such notices, is a compilation of public notices from Colorado legal newspapers, which voluntarily upload public notices daily to ensure a viable, robust and timely Colorado public notice website.
1. ACCEPTING & UPDATING THESE TERMS
By using the Public Notice Database you agree to these terms. CPA may update those terms from time to time. The updated Terms shall be effective once posted. If you have any questions about these Terms or the Public Notice Database, please contact CPA at firstname.lastname@example.org.
2. THIRD PARTY CONTENT
The Public Notice Database consists of public notices submitted by newspapers in Colorado. Because content is submitted by third parties directly, CPA exercises no control over that content or its accuracy, nor does CPA assume any responsibility for the timely publication of these notices. You agree that CPA shall not be responsible or liable for any loss caused or alleged in connection with the use of the Public Notice Database.
Colorado newspapers, both members of the CPA and non-members, may upload notices to this site. The CPA does not charge these newspapers a fee to upload these notices. Upload fees may be established and modified by the CPA Board from time to time.
3. DISQUALIFICATION AND TERMINATION
You agree that CPA, in its sole discretion, may disqualify you from using the Public Notice Database if CPA believes you have violated or acted inconsistently with the letter or spirit of the Terms or Colorado Public Notice law. CPA shall not be liable to you or any third party for termination of your access to the Public Notice Database. CPA may terminate a user’s smart search subscription if that user fails to pay for this enhanced search feature.
The Colorado Press Association requires that each newspaper, as a condition of uploading notices to this site, certify that the newspaper meets the requirements of all applicable state statutes. The CPA takes no responsibility for that certification, and each person or public body placing a notice for publication with a newspaper is responsible for selecting a newspaper that meets the specific requirements for each notice. The requirements of each statute that requires the publication of the notice should be reviewed to determine which newspaper or newspapers are eligible to publish the notice. The CPA assumes no responsibility for the selection of the appropriate newspaper for publication.
Except for smart search subscribers, CPA does not collect names or addresses of Public Notice Database users. Unless required by law, CPA does not sell, rent or barter mailing lists of users or disclose users’ names, addresses or other personally identifying information.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Your use of the Public Notice Database is at your sole risk. The Public Notice Database is provided “as is.” CPA expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information obtained by way of the Public Notice Database shall create any warranty binding CPA.
You agree to indemnify and hold CPA, and its subsidiaries, affiliates, agents or other partners, and employees, harmless for any claim, including reasonable attorney’s fees, made by any third party arising out of a.) your breach of any of your representations, warranties or obligations hereunder, and b.) your use of the Public Notice Database.
7. LIMITATION OF LIABILITY
You expressly understand and agree that CPA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CPA has been advised of the possibility of such damages), resulting from a.) the use or the inability to use the Public Notice Database; b.) unauthorized access to or alteration of your transmissions or data; c.) statements or conduct of any third party on the Public Notice Database; d.) any other matter relating to the public notice database. Under no circumstances shall CPA be liable for any losses or damages, whether in contract, tort or otherwise, from the use of, or reliance on the use of the Public Notice Database.
8. GOVERNING LAW & JURISDICTION
The Public Notice Database is compiled and made available to the public by CPA from its offices in Denver, Colorado, United States of America. If you choose to access this database from outside Colorado you alone are responsible for compliance with applicable state laws. Any legal dispute relating to the Public Notice Database shall be governed by Colorado law.
9. OTHER GENERAL PROVISIONS
These terms constitute the entire agreement between CPA and you and govern your use of the Public Notice Database, superseding any prior agreements between you and CAP. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in force. CPA’s failure to act with respect to a breach by you or others does not waive CPA’s right to act with respect to subsequent or similar breaches. By using the Public Notice Database, you represent that you can form legally binding contracts. These Terms an all writings incorporated by reference into the Terms set forth the entire agreement between us with respect to the Public Notice Database.