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Privacy Notice

Purpose

Your privacy is important to us. To better protect your privacy, we provide this Privacy Notice to explain our information practices and the choices you can make about the way your information is collected and used by Association Media Partners LLC.

The purpose of this Privacy Notice is to inform you of how Association Media Partners LLC ("Company" or "we" or "our" or "us") collects, uses and discloses the personal information we collect from you when you visit coloradobuildermag.com (the "Website" or "Site"), or any other website that we own or operate, our email newsletters, and any other applications and services owned and operated by us, including online subscriptions and other product offerings (collectively referred to as the "Services"), and to any other services that display this Privacy Notice.

It also serves to inform you of how such information will be used by us, our Business Partners, and/or other persons or entities with whom such information may be shared, as well as your choices regarding the collection, use and distribution of such information and the security procedures that we have implemented to protect your privacy. Please read this notice carefully to understand our policies and practices regarding your information and how it will be handled. By continuing to use the Services, you expressly agree to be bound by this Privacy Notice, as amended from time-to-time by the Company at its sole and absolute discretion. You further agree to regularly review this Privacy Notice to ensure that you are familiar with Company's most-current policies and practices. Your continued use of the Services after we make changes is deemed to be acceptance of those changes. If you do not agree with our policies and practices, you must not use the Services.

If required by law, we will make reasonable efforts to contact you about material changes or updates to this notice: if you have provided us with an email address, you agree that we may email you a notice regarding such changes or updates; if you have not provided us with an email address, you agree to view this page periodically and when our site informs you that this Privacy Notice has been updated.

Last Revised: 3 May 2024

What This Notice Applies To

This notice applies to information we collect: • On the Services; • In email, text, and other electronic messages between you and Company; • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Notice; and • When you provide information to us when requesting services.

This Privacy Notice also applies to information collected by us offline, whether in writing or orally (if recorded) or through any other means, including on any other website operated by us or any third party, or any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Services.

Children

These Services are not intended to provide services or sell products to persons under the age of 13 without the consent and involvement of a parent or guardian. If you are under 13, you may use this website only with the involvement of a parent or guardian. By using the Services, you represent and warrant that you are either at least 13 years old or are using the services offered by these Services with the supervision and involvement of a parent or guardian 13 years of age or older. The Company does not provide its services to children, nor do we collect any personal information from children under 13. "Children" as defined in the Children’s Online Privacy Protection Act of 1998, and for purposes of this Privacy Notice, means persons under the age of 13. If you are a child, please exit this site immediately. We will delete any personal information we have received or collected from a child under the age of 13 without parental consent. If you believe we might have information from or about a child under the age of 13, please contact us at [email protected].

Information Collected

We collect several types of information from and about users of our Services, including information: • That personally identifies you, such as your name, postal address, email address, telephone number, or any other information that would allow you to be contacted online or offline ("personal information"). • That is about you but does not identify you individually, such as the languages you speak or can read; and/or • About your internet connection, the equipment you use to access our Services, and usage details.

We collect this information in several ways, either: • Directly from you when you provide it to us; • Automatically as you use the Services. Automatically collected information may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and • From third parties, such as our business partners.

The information we collect on or through the Services may include: • Information that you provide by filling in forms on our Services, such as our various Contact forms on our Services. This includes information you provide at the time of registering to use our Services or suggest a business. We may also ask you for information when you report a problem with our Services; • Records and copies of your correspondence (including email addresses), if you contact us; • Your responses to surveys that we might ask you to complete; • Details of transactions you carry out through our Services with our business partners; • Your navigation across the Services.

You may also provide information to be posted or displayed on public areas of the Services, or transmitted to other users of the Services and third parties, such as customer comments and reviews (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk.

While navigating through and interacting with our Services, we may automatically collect certain information about your equipment, browsing actions, and patterns that are not tied to your user profile, including: • Details of your visits to our Services, including traffic data, location data, logs, and other communication data and the resources you access and use on the Services; and • Information about your computer and internet connection, including your IP address, operating system, and type of browser.

We may use automatic data collection technologies to gather information about your online activities on our Services over time and across third-party websites or other online services for behavioral tracking. For example, we may use various widgets and other tracking technologies to understand how you use the Services and what information you search for. You can also opt-out by sending an email to [email protected].

Automatically collected information may include personal information or non-personal information that we associate or link to personal information that we collect in other ways, including from third parties. This helps us improve our Services and deliver a better and more personalized service, including allowing us to: • Estimate our audience size and usage patterns; • Store information about your preferences, allowing us to customize our Services according to your individual interests; • Speed up your searches; and • Recognize you when you return to our Services.

The technologies we use to automatically collect data may include: • Cookies: Cookies are pieces of information that are transferred to your computer from a web server. They help us recognize repeat visitors and improve the quality of our services. Cookies keep our Services secure by allowing us to detect activity that might violate our rules and Terms of Use. Most browsers are set up to accept cookies, but you can change your settings to have your browser notify you when you receive a new cookie or to refuse to accept cookies. Blocking or deleting cookies might prevent you from making the most of our services. • Web Beacons: Pages of our Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that let Company get website-related statistics, such as the number of users who have visited certain pages or opened an email.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Services, including advertisements, are served by third-parties, including advertisers, ad networks, ad servers, content providers, and application providers. These third parties may use cookies alone or together with web beacons or other tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control third parties’ tracking technologies or how they might use them. If you have questions about an advertisement or other targeted content, you should contact the responsible provider directly.

"Do Not Track"

You may have a feature in your browser that allows you to change your settings to "do not track." We are required to disclose whether the Site honors the "do not track" setting in your browser. We have developed the Site to provide a consistent interface and operability to all users, and thus we do not honor your browser’s "do not track" function.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information: • To present our Services and its contents to you; • To provide you with information, products, or services that you request from us; • To fulfill any other purpose for which you provide it; • To provide you with notices about your account, including expiration and renewal notices; • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us; • To notify you about changes to our Services or any products or services we offer or provide through it; • To allow you to participate in interactive features on our Services; • To deliver our review services to you; • In any other way we may describe when you provide the information; • For any other purpose with your consent; and • To comply with any relevant laws, regulations, ordinances, rules, directives, or statutes.

If you choose to opt-in to receive marketing materials from us, we may use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please disable cookies used by our website or click the unsubscribe link at the bottom of any marketing emails you may receive from us. You can also opt-out by sending an email to [email protected].

How Long Your Data is Stored

How long we keep information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.

Account Information

We retain your account information until you delete your account. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations and to continue to develop and improve our Services and Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.

Information You Share on the Services

If your account is deactivated or disabled, some of your information and the content you have provided will remain to allow your team members or other users to make full use of the Services. For example, we continue to display comments and content you provided to our Services.

Marketing Information

If you have elected to receive marketing emails from us, we retain information about your marketing preferences unless you specifically ask us to delete such information. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.

Terms Related to EU/EEA Users

Legal Bases for Processing (For EU/EEA Users)

If you are an individual in the European Union or European Economic Area (EEA), we collect and process information about you only where we have a legal basis for doing so under applicable EU laws, including the General Data Protection Regulation (GDPR). The legal basis depends on the services you use and how you use them. This means we collect and use your information only where: • It is necessary for the performance of a contract, such as to provide you with the services you requested, including to operate the services, provide customer support and personalized features, and to protect the safety and security of the services, including all processing necessary for the performance of our contract(s) with you; • It satisfies a legitimate interest that is not outweighed by your data protection rights and interests, such as for research and development, to market and promote our services, and to protect our legal rights and interests; • You give us consent to do so for a specific purpose; or • We need to process your data to comply with a legal obligation.

All of our information, including the data we collect about you described in this notice, is stored in the United States of America.

Data Protection Officer

Our Data Protection Officer can be reached at [email protected].

Your Rights as Data Subject

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to: • Request access to your personal data. • Request correction of your personal data. • Request erasure of your personal data. • Object to processing of your personal data. • Request restriction of processing your personal data. • Request transfer of your personal data. • Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us at [email protected].

No Fee Usually Required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What We May Need From You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit to Respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect, or you provide as described in this privacy notice: • To our subsidiaries and affiliates; • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them; • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of 401(k) Properties LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by 401(k) Properties LLC about our Services users is among the assets transferred; • To fulfill the purpose for which you provide it; • For any other purpose disclosed by us when you provide the information; and • With your consent.

We may also disclose your personal information: • To comply with any court order, law, or legal process, including to respond to any government or regulatory request; • To enforce or apply our Terms & Conditions or Privacy Notice and other agreements; and • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of 401(k) Properties LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: • Marketing Emails. You can review and change your personal information in our marketing systems by using the unsubscribe function on our marketing emails. • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, some parts of the Services may become inaccessible or not function properly. • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own, you can opt out by checking the relevant box located on the form on which we collect your data. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions or use the opt-out feature in the email.

Third-Party Links

The Website contains links to websites operated and maintained by third parties over which Company has absolutely no control. Any information you provide to third-party websites will be governed under the terms of the privacy notice or privacy policy of those respective third parties. Accordingly, we strongly encourage you to investigate and ask questions before disclosing any information to the operators of third-party websites, and to familiarize yourself with their privacy practices by reviewing their privacy notices and privacy policies. Inclusion of third-party websites on or through our Services in no way constitutes an express or implied endorsement of such websites' policies or notices. If you have any questions regarding Company’s Privacy Policy or Privacy Notice and or related practices, please feel free to contact us at [email protected].

Methods Used to Protect Your Information

We use HTTPS to protect the confidentiality of your personal information including the use of SSL (Secure Sockets Layer) protocol and/or TLS (Transport Layer Security). We also use password encryption to protect all the information stored in our database. In addition, our business practices are reviewed periodically for compliance with policies and procedures governing the security and confidentiality of its information. Our business practices limit employee access to confidential information and limit the use and disclosure of such information to authorized persons.

Our Services use commercially reasonable technologies, processes, and procedures to maintain the confidentiality, integrity, and availability of all personal data.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services like message boards. The information you share in public areas may be viewed by any user of the Services.

However, no data transmission over the Internet can be guaranteed to be 100% secure, and no data system can guarantee that it is free from error. Therefore, while we strive to protect your personal information, we cannot guarantee or warrant that it will be safe from theft, loss, damage, and/or corruption. Any transmission of personal information is at your own risk. By using our Services, you hereby agree that Company and its officers, directors, employees, shareholders, insurers, attorneys, vendors, agents, and representatives, shall not be liable for any theft, loss, damage and/or corruption to your information, including but not limited to your personally identifiable information. We are not responsible for circumvention of any privacy settings or security measures contained on the Services, in this Privacy Notice, or on our Terms and Conditions.

Your Rights

You have the right to know what data is being collected from you, where it’s being processed, how it’s being used, how long it is stored for, and who we share the information with. If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party have a legitimate interest in doing so, you have the right to object to that use. However, in some cases, this may mean no longer using the Services or our services. You may also request that we transfer or erase your personal data.

How You Can Access or Correct Your Information

We do our best to respect your privacy rights and provide you access and control over your data. You can make any of the following requests regarding your data by sending an e-mail to [email protected]: • Access and review your data; • Correct your data or request that we delete some or all of it; • Obtain copies of your data in human and/or machine-readable format suitable for importing to other software; and • Restrict us from using or processing your data.

Because we use Akamai to back-up our information, we cannot delete your specific information from our backups. Akamai creates images of our database every day and stores them for 7 days. After 7 days have passed, the oldest images are deleted. Furthermore, during critical stages of system changes, we sometimes create manual backups. We retain these backups for no more than 30 days.

We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change or delete information if we believe the change or deletion would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Services users. Proper access and use of information provided on the Services, including User Contributions, is governed by our Terms & Conditions.

Privacy Notice for California Residents

This section applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). coloradobuildermag.com has collected the following categories of personal information from its consumers within the last twelve (12) months:

Personal information does not include: • Publicly available information from government records. • Deidentified or aggregated consumer information. • Information excluded from the CCPA's scope, like: o health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; o personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources: • Directly from you when you provide it to us; • Automatically as you use the Services. Automatically collected information may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and • From third parties, such as our business partners.

Use of Personal Information

We may use, sell, or disclose the personal information we collect for one or more of the following business purposes: • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request more information or ask a question about products or services from one of our partners, we will provide the partner that personal information to respond to your inquiry. • To provide, support, personalize, and develop our Website, products, and services. • To create, maintain, customize, and secure your account with us. • To process your requests. • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law). • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business. • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services. • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. • As described to you when collecting your personal information or as otherwise set forth in the CCPA. • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Your Personal Information

We may disclose your personal information to a third party for a business purpose, or sell your personal information, subject to your right to opt-out of those sales. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

We share your personal information with the following categories of third parties: • Service providers. • Data aggregators. • Third parties who you have consented to.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose: • Category A: Identifiers • Category B: California Customer Records personal information categories • Category C: Protected classification characteristics under California or federal law • Category D: Commercial information • Category F: Internet or other similar network activity • Category G: Geolocation data • Category K: Inferences drawn from other personal information.

We disclose your personal information for a business purpose to the following categories of third parties: • Service providers; and • Data aggregators. • Sales of Personal Information

In the preceding twelve (12) months, Company has sold the following categories of personal information: • Category A: Identifiers • Category B: California Customer Records personal information categories • Category C: Protected classification characteristics under California or federal law • Category D: Commercial information

We sell your personal information to our Business Partners, and as provided for in this Privacy Notice.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

Once we receive and confirm your verifiable request, we will disclose to you: • The categories of personal information we collected about you. • The categories of sources for the personal information we collected about you. • Our business or commercial purpose for collecting or selling that personal information. • The categories of third parties with whom we share that personal information. • The specific pieces of personal information we collected about you • If we sold or disclosed your personal information for a business purpose: o sales, identifying the personal information categories that each category of recipient purchased; and o disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete from our records any of the personal information that we collect and retain, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete your personal information from our records, unless an exception applies.

Why We May Deny Your Request

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: • Complete the transaction for which we collected the personal information. • Provide you with notices about your account, including expiration and renewal notices. • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us. • Fulfill any other purpose for which you provided it. • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. • Debug products to identify and repair errors that impair existing intended functionality. • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.). • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent. • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. • Comply with a legal obligation and any relevant laws, regulations, ordinances, rules, directives, or statutes. • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by filling out this form or emailing your request to [email protected].

What We May Need From You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 additional days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

Fees

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to [email protected].

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by emailing your request to dpo@associationmediapartners com.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: • Deny you goods or services; • Charge you, or suggest you may be charged, for services; • Impose penalties; • Provide you a different level or quality of services.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please email your request to [email protected].

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information, your choices, and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us.

Email

Email your request to [email protected].

Mail

Association Media Partners LLC 1745 Shea Center Drive 4th Floor Highlands Ranch, CO USA Attn: Data Protection Officer

Changes to Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. If we make changes to this Privacy Notice, we will immediately post the updated notice on our website and update the notice’s effective date. Any such changes will be effective immediately upon being posted, unless otherwise stated in the change. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.

Effective Date

This Privacy Notice is effective as of 3 May 2024.

Terms of Use | Association Media Partners LLC

Last Modified: 3 May 2024

The following terms and conditions (the "Terms and Conditions") govern your use of this web site or application provided to you by Association Media Partners LLC or one of its subsidiaries, and any content, features or functionality made available from or through this web site, including any subdomains thereof, or application (the "Web Site"). The Web Site is made available by Association Media Partners LLC or its subsidiaries ("we" or "us" or "our"), each of which have adopted these Terms and Conditions regarding its web site. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.

1. Proprietary Rights.

As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant you ownership of any content, code, data or materials you may access on or through the Web Site.

2. Limited License.

You may access and view the content on the Web Site on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Web Site, make single copies or prints of the content on the Web Site for your personal, internal use only. Unless otherwise specifically indicated in these Terms and Conditions or on the Web Site, use of the Web Site and the services offered on or through the Web Site, are only for your personal, non-commercial use.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. • You may store files that are automatically cached by your Web browser for display enhancement purposes. • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: • Modify copies of any materials from this site. • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. • You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

3. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for: • Making all arrangements necessary for you to have access to the Website. • Ensuring that all persons who access the Website through your internet connection are aware of these Terms & Conditions and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms & Conditions.

4. User Contributions, Prohibited Use, and Conduct

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, personal account histories and records of purchases and completed challenges, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Unless explicitly stated otherwise, any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that: • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors, and assigns. • All of your User Contributions do and will comply with these Terms of Use. • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Limitations on Use of the Website

You may use the Website only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Website: • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms & Conditions. • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation. • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or account names associated with any of the foregoing). • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Prohibited User Conduct

You warrant and agree that, while using the Web Site and the various services, features and functionality offered on or through the Web Site, you shall not: • impersonate any person or entity or misrepresent your affiliation with any other person or entity; • insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services (for example, without limitation, in an Embedded Video (as defined herein), RSS feed or a podcast received from us or otherwise through the Web Site), or, except as otherwise specifically authorized in these Terms and Conditions or on the Web Site use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or • attempt to gain unauthorized access to other computer systems through the Web Site.

You shall not: • engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; • obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; • use the Web Site or the services made available on or through the Web Site in any manner that could interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests (a denial-of-service attack); • use the Web Site or the Web Site’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; • use the Web Site or the Web Site’s services in violation of any applicable law; • use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; • use any device, software or routine that interferes with the proper working of the Website; • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web Site in any manner that could interfere with any other party’s use and enjoyment of the Web Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Site.

5. Trademarks

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are our registered and unregistered Trademarks and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site’s services is strictly prohibited.

6. User Information

In the course of your use of the Web Site and/or the services made available on or through the Web Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Web Site’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

7. Submitted Materials

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Web Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, survey responses, and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Web Site’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

8. Linking to the Website and Social Media Features

You may link to our homepage or any sub-page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to: • Link from your own or certain third-party websites to certain content on this Website. • Send e-mails or other communications with certain content, or links to certain content, on this Website. • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: • Establish a link from any website that is not owned by you. • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. • Link to any part of the Website other than the homepage. • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms & Conditions.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms & Conditions.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

9. Public Forums

We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums, and other such services available on or through the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.

10. Right to Monitor and Editorial Control

We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Web Site or through the Web Site’s services or features by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms of Use, our policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.

11. Private or Sensitive Information on Public Forums

It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.

12. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

13. Indemnification

You agree to defend, indemnify and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms and Conditions. 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.

14. Geographic Restrictions

The owner of the Website is based in Colorado. We provide this Website for use only by persons located in the United States and its related territories. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States and its related territories. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States and its related territories, you do so on your own initiative and are responsible for compliance with local laws.

15. Third Party Web Sites

You may be able to link from the Web Site to third party web sites and third-party web sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code, or other materials presented on or through such web sites. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. Association Media Partners LLC disclaims any liability for links (1) from another web site to this Web Site and (2) to another web site from this Web Site. Association Media Partners LLC cannot guarantee the standards of any web site to which links are provided on this Web Site nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third-party web site are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for, or any form of transmission received from any linked web site. Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

16. Embedded Video Links

Certain pages of the Web Site provide the functionality for you to “embed” videos appearing on the page on other web sites or blog pages (together with the Player, as defined herein, the “Embedded Video”). The functionality is provided by giving you the necessary HTML code to include on such page to make that Embedded Video appear. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page. If you elect to embed video on a page, you agree as follows: (i) you will not alter, in any respect, the Embedded Video (including without limitation the content, format, and length and advertising associated therewith) from how it is served from our servers; (ii) you will not facilitate access to the Embedded Video through any video player or other tool other than the video player that is provided by us when the Embedded Video appears (the “Player”); (iii) the Embedded Video may be used as part for commercial purposes, including on an advertising-supported page, provided that: (a) the Embedded Video shall not be included in, or used as part of, a service that sells access to video content; (b) you shall not insert advertising, sponsorship or promotional messages in, or immediately adjacent to, the Embedded Video or Player; and (c) to the extent you sell any advertising, sponsorship or promotional material to appear on the same page that includes the Embedded Video, the page includes other content not provided by us which is a sufficient basis for such sales. You may not block, inhibit, build upon, or disable any portion of the Player, including without limitation links back to our site. You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Web Site Without limitation of any provision of these Terms of Use, we shall have no liability to you for any reason with respect to your use of Embedded Video and you agree to defend, indemnify and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Embedded Video.

17. Copyright Agent

We respect the intellectual property rights of others and require that the people who use the Web Site, or the services or features made available on or through the Web Site, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. ’ 512(c)(2), named below: • Your address, telephone number, and email address; • A description of the copyrighted work that you claim has been infringed; • A description of where the alleged infringing material is located; • 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; • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Copyright Agent:

Amy Hamm, COO 1745 Shea Center Drive 4th Floor Highlands Ranch, CO 80129 Email: [email protected]

Please Note: The Copyright Agent has no responsibility for and will not respond to Usage/Reprint permission requests or Subscriber/Customer Service inquiries.

For Usage and/or Reprint Permission Requests, please contact: Page: https://coloradobuildermag.com/about-us/ Email: [email protected]

For Subscriber Inquiries (including Address Changes and Subscription Cancellations), or any other Customer Service issues, please contact:

Association Media Partners 1745 Shea Center Drive 4th Floor Highlands Ranch, CO 80129 Email: [email protected]

18. DISCLAIMER OF WARRANTIES

THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEB SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEB SITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN THE WEB SITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY US “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.

19. LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.

20. Photosensitive Seizures

A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye, or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Web Site and consult a doctor.

21. Applicable Laws

We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

22. Termination

We may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services at any time. We may restrict, suspend, or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.

23. Changes to Terms of Use

We reserve the right, at our sole discretion, to change, modify, add, or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

24. Disputes

Governing Law and Jurisdiction

All matters relating to the Website and these Terms & Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Colorado without giving effect to any choice or conflict of law provision or rule (whether of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms & Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of Colorado in each case located in the county of Douglas although we retain the right to bring any suit, action or proceeding against you for breach of these Terms & Conditions in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms & Conditions or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the law of the Colorado.

25. Miscellaneous

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.

Entire Agreement

The Terms & Conditions and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Association Media Partners LLC located at 1745 Shea Center Drive, 4th Floor, Highlands Ranch, Colorado, United States.

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26. Supplemental Terms

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Colorado Builder Sales Agreement (front side)

Colorado Builder Sales Agreement (back side)