TERMS OF SERVICE

The following terms and conditions (the “Terms of Service”) constitute a binding agreement between you and Broadmoor Heights C Store Inc (“Broadmoor Heights Convenience,” “we,” or “us”).

Scope

This document will encompass important information regarding our limitations to our liability. It is the consumer's responsibility to read this document in its entirety before continued use of www.broadmoorheights.com or https://sites.google.com/view/broadmoor-heights which is owned and operated by Broadmoor Heights C Store Inc. (a corporation registered in the State of Colorado). The use of our website is conditional upon your acceptance of these terms. If you do not agree to these terms, you are hereby notified to cease all uses of our website(s) mentioned above.

Changes to Terms of Services

This document is subject to change at any time and without prior notice to the consumer(s).

Website(s) Limitations and Liabilities

These Website(s) are provided on an "as is" and "as available" basis, without any guarantees of any kind, express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement. Broadmoor Heights C Store Inc does not guarantee that the Website(s) will be uninterrupted or error-free, that defects will be corrected, or that the Website(s) or the server that makes it available are free of harmful components. You assume the entire risk as to the quality and performance of the Website(s). These Website(s) may contain errors in the information, products, or services presented. We do not guarantee the accuracy, completeness, or timeliness of any information on this Website(s) or in our advertising elsewhere. Product or service pricing and availability are subject to change and may be inaccurate. We expressly reserve the right to correct any pricing errors. The inclusion or offering of any product or service on these Website(s) does not constitute an endorsement or recommendation by us.

Prohibited Uses

You as the consumer agree to use our Website(s) in accordance with all regulations governed by the State of Colorado. You are prohibited from:

1. Consumers shall not impersonate Broadmoor Heights Convenience, its employees, agents, or representatives, or otherwise misrepresent their affiliation with Broadmoor Heights Convenience. This prohibition includes, but is not limited to, using false or misleading information to suggest an association with Broadmoor Heights Convenience, such as using a similar domain name, email address, or social media handle.

2. Consumers shall not, without the prior express written consent of Broadmoor Heights Convenience, directly or indirectly, solicit Broadmoor Heights Convenience or its consumers for any advertising or promotional purposes, including but not limited to, the transmission of any unsolicited commercial communications, such as emails, text messages, phone calls, or any other form of electronic or physical communication.

3. Consumers shall not engage in any conduct that may disrupt the Website(s) functionality, impede other users' access, tarnish the reputation of Broadmoor Heights Convenience or its users, or expose Broadmoor Heights Convenience or its users to any legal or financial risks. This includes, but is not limited to, any conduct that violates applicable laws, regulations, third-party rights, or the terms of this document.

4. Consumers shall not, directly or indirectly, copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, or otherwise exploit any content accessible through the Website(s), except as expressly permitted in these Terms of Service. Furthermore, Consumers shall not utilize any automated means, including robots, spiders, scripts, or other automated devices or processes, to access, monitor, or copy any portion of the Website(s) or the content contained therein, without our prior express written consent. Consumer(s) shall also refrain from engaging in any activity that places an unreasonable load on our infrastructure or interferes with the proper functioning of the Website(s).

5. Consumers shall not attempt to gain unauthorized access to, interfere with, or damage the Website(s), its servers, or any systems or networks connected to the Website, including, but not limited to, through hacking, spamming, denial-of-service attacks, or other malicious activities.

6. Consumers shall not use the Website(s) in any manner that violates any applicable federal, state, local, international, or other applicable laws, rules, regulations, or ordinances, including, but not limited to, laws relating to data privacy, intellectual property, export control, anti-discrimination, and consumer protection.

Third-Party Website Link(s)

These Website(s) may contain hyperlinks to third-party websites, which are not owned, operated, or controlled by Broadmoor Heights Convenience. We do not endorse, guarantee, or assume any responsibility for the content, accuracy, completeness, legality, or privacy practices of any third-party website. Access to any third-party website is at your own risk. We encourage you to review the terms of service and privacy policies of any third-party website that you visit.

Intellectual Property and Copyright Infringement

All content on these Website(s), including but not limited to text, graphics, logos, images, audio clips, video clips, data, and software, is the property of Broadmoor Heights Convenience, its licensors, or other third parties and is protected by United States and international copyright, trademark, and other intellectual property laws.   

The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of Broadmoor Heights C Store Inc and is also protected by copyright.   

You may not use, reproduce, distribute, modify, transmit, republish, display, perform, or create derivative works of any content on this Website without the prior written consent of Broadmoor Heights C Store Inc or the respective copyright owner.

Copyright Infringement

Broadmoor Heights Convenience respects the intellectual property rights of others. If you believe that any content on this Website infringes upon your copyrights, please submit a written notification to our designated copyright agent with the following information:   

1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.   

2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.   

3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.   

4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.   

5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.   

Please note: This notification must be in writing and signed by the copyright owner or an authorized representative.

Disclaimer: This notice must be sent to our designated copyright agent:

Broadmoor Heights Convenience

ATTN: Compliance

2106 West Eisenhower Boulevard

Loveland, CO 80537

United States

Counter-Notification

If you believe that material you posted on these Website(s) was removed or disabled as a result of a mistake or misidentification, you may file a counter-notification with our designated copyright agent. The counter-notification must include the following information:   

1. Identification of the material that was removed or to which access was disabled and the location where the material appeared before it was removed or disabled.   

2. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.   

3. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Broadmoor Heights Convenience may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or that person's agent.

Please note: This notification must be in writing and signed by the copyright owner or an authorized representative.

Please be aware that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that the material was removed or disabled as a result of mistake or misidentification.   

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of laws principles.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between the Consumer and Broadmoor Heights Convenience with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Waiver

The waiver by either party of any breach or default hereunder shall not be deemed to be a waiver of any preceding or subsequent breach or default.   

No Class Actions

The Consumer and Broadmoor Heights C Store Inc agree that any dispute arising under or relating to these Terms shall be brought in an individual capacity only and not as a plaintiff or class member in any purported class or representative proceeding.

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms, including the validity, interpretation, breach, or termination thereof, shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the AAA Commercial Arbitration Rules then in effect, except as modified by this provision. The arbitration shall be held in Larimer County, Colorado. The arbitrator shall have the power to award any relief that could be awarded by a court of competent jurisdiction. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Questions

Should you have any questions in regards to this document, you may contact us at BROADMOORHEIGHTS.CUSTOMERCARE@GMAIL.COM.