Website Terms of Use

These terms of use are entered into by and between you (either as an individual or on behalf of the legal entity you represent) and Gnebriated Gnome LLC (“Gnebriated Gnome”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of https://www.gnebriatedgnome.com/, including any content, functionality, applications, software and services offered on or through https://www.gnebriatedgnome.com/ (collectively the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the Gnebriated Gnome Privacy Policy, found at https://www.gnebriatedgnome.com/privacy-policy and incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 21 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Gnebriated Gnome may revise and update the Terms of Use from time to time in its sole discretion. All changes are effective immediately when Gnebriated Gnome posts them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

Gnebriated Gnome reserves the right to withdraw or amend the Website, and any service or material provided on the Website, in Gnebriated Gnome’s sole discretion without notice. Gnebriated Gnome 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, Gnebriated Gnome may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

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, post on the Website, or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by the Gnebriated Gnome Privacy Policy, and you consent to all actions Gnebriated Gnome takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of Gnebriated Gnome 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 will be responsible for all activities that occur under that password. You agree to notify Gnebriated Gnome 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 particular 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.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that Gnebriated Gnome in its sole discretion deems offensive.

Gnebriated Gnome has the right to disable any username, password, or other identifier, whether chosen by you or provided by Gnebriated Gnome, at any time in its sole discretion for any or no reason, including if, in Gnebriated Gnome’s opinion, you have violated any provision of the Terms of Use.

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Gnebriated Gnome, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Terms of Use permit you to use the Website for your personal, non-commercial use only, or for legitimate business purposes relating to your role as a potential or current supplier or customer of Gnebriated Gnome subject to any separate agreement with Gnebriated Gnome. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:

You must not:

Except as otherwise agreed to between you and Gnebriated Gnome, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: GnebriatedGnome@gmail.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at Gnebriated Gnome’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Gnebriated Gnome. Any use of the Website not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.

The Gnebriated Gnome name, Gnebriated Gnome logo, and all related names, logos, product and service names, designs and slogans are trademarks of Gnebriated Gnome or its affiliates or licensors. You must not use such marks without the prior written permission of Gnebriated Gnome. All other names, logos, product, and service names, designs and slogans on this Website are the trademarks of their respective owners.

You may use the Website only for lawful purposes and in accordance with the Terms of Use. You agree not to use the Website:

Additionally, you agree not to:

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, community areas 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 the Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant Gnebriated Gnome and its affiliates and service providers, and each of their and Gnebriated Gnome’s 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.

You represent and warrant that:

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Gnebriated Gnome, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Gnebriated Gnome is 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.

Gnebriated Gnome has the right to:

Without limiting the foregoing, Gnebriated Gnome has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Gnebriated Gnome to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS GNEBRIATED GNOME AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, Gnebriated Gnome cannot and does not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Gnebriated Gnome assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Gnebriated Gnome has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

If you believe that any User Contributions violate your copyright, please see Gnebriated Gnome’s Copyright Policy set forth below for instructions on sending Gnebriated Gnome a notice of copyright infringement. It is the policy of Gnebriated Gnome to terminate the user accounts of repeat infringers.

The information presented on or through the Website is made available solely for general information purposes. Gnebriated Gnome does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Gnebriated Gnome disclaims 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.

The Website includes content provided by third parties, including materials provided by other users, restaurants, 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 Gnebriated Gnome, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Gnebriated Gnome. Gnebriated Gnome is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Gnebriated Gnome may update the content on the Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and Gnebriated Gnome is under no obligation to update such material.

All information Gnebriated Gnome collects on this Website is subject to Gnebriated Gnome’s Privacy Policy. By using the Website, you consent to all actions taken by Gnebriated Gnome with respect to your information in compliance with the Privacy Policy.

You may link to Gnebriated Gnome’s homepage, provided you do so in a way that is fair and legal and does not damage Gnebriated Gnome’s 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 Gnebriated Gnome’s part without Gnebriated Gnome’s express written consent.

The Website may provide certain social media features that enable you to:

You may use these features solely as they are provided by Gnebriated Gnome, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Gnebriated Gnome provides with respect to such features. Subject to the foregoing, you must not:

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 of Use.

You agree to cooperate with Gnebriated Gnome in causing any unauthorized framing or linking immediately to cease. Gnebriated Gnome reserves the right to withdraw linking permission without notice.

Gnebriated Gnome may disable all or any social media features and any links at any time without notice in Gnebriated Gnome’s discretion.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Gnebriated Gnome has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The owner of the Website, Gnebriated Gnome, is based in the State of Colorado in the United States. Gnebriated Gnome provides the Website for use only by persons located in the United States. Gnebriated Gnome makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. 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, you do so on your own initiative and are responsible for compliance with local laws.

You understand that Gnebriated Gnome cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, GNEBRIATED GNOME WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, INCLUDING ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GNEBRIATED GNOME NOR ANY PERSON ASSOCIATED WITH GNEBRIATED GNOME MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER GNEBRIATED GNOME NOR ANYONE ASSOCIATED WITH GNEBRIATED GNOME REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT GNEBRIATED GNOME’S WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, GNEBRIATED GNOME HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE WEBSITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO GNEBRIATED GNOME AND BY POSTING INFORMATION ON THE WEBSITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND GNEBRIATED GNOME OTHER THAN PURSUANT TO THESE TERMS OF USE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD GNEBRIATED GNOME OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GNEBRIATED GNOME, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST GNEBRIATED GNOME, ANY THIRD-PARTY PROVIDER OR ANY USER OF THE WEBSITE, WITH RESPECT TO THESE TERMS OF USE, OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST GNEBRIATED GNOME IS TO DISCONTINUE USING THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify and hold harmless Gnebriated Gnome, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products, or your use of any information obtained from the Website.

All matters relating to the Website and the Terms of Use, 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 State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of Denver, although Gnebriated Gnome retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant location. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver by Gnebriated Gnome of any term or condition set forth in the Terms of Use 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 Gnebriated Gnome to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use 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 of Use will continue in full force and effect.

The Terms of Use, Privacy Policy, and any other documents referenced in the Terms of Use, and any other agreement or terms between the parties, constitute the sole and entire agreement between you and Gnebriated Gnome 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.

The Website is operated by Gnebriated Gnome, LLC, located at 6440 Lesser Dr, Greeley, CO 80634.

All notices of copyright infringement claims should be sent to the copyright agent designated in Gnebriated Gnome’s Copyright Policy as set forth below in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: GnebriatedGnome@gmail.com.