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Terms of Service

AspenView Technology Partners, Inc.

Last updated: January 21, 2025

You are viewing the Terms of Service (the “Terms”) of AspenView Technology Partners, Inc. (“AspenView”, “we” or “our”). By accessing our website and using the services offered related to the website (the “Services”), you are communicating that you have reviewed, agreed to, and will adhere to the following terms and conditions for use. We also encourage you to review our Privacy Policy, which is incorporated by reference within these Terms.

Restrictions/Prohibited Behavior

You may only use our website and Services for lawful purposes and in accordance with these Terms. You must not use the website or our Services in any way that:

  • Violates any applicable federal, state, local, or international law, regulation or other governmental decree.
  • Logs into a server or account that you do not have permission to access.
  • Accesses data or takes any action to obtain Services not intended for you or your use;
  • Attempts to probe, scan, or test the vulnerability of any system, subsystem, or network related to the website or Services or to any of our computers or computer systems;
  • Tampers, hacks, modifies, or otherwise corrupts or breaches security or authentication measures;
  • Introduces or transmits material that contains viruses, Trojan horses, worms, time bombs, logic bombs, cancelbots, or other technologically malicious or harmful computer programming routines or engines with the intent or effect of damaging, destroying, disrupting, or otherwise impairing, a computer’s functionality or the operation of our website;
  • Interferes with, intercepts, or expropriates any system, data, or information;
  • Interferes with service to any user, host, or network including, but not limited to, by means of overloading, “flooding,” “mailbombing,” or “crashing” any system, subsystem, or network related to our website or otherwise; and
  • Attacks our website via a denial-of-service attack or a distributed denial-of service attack.

 We reserve the right to report any activity that violates or may violate these Terms, any law or regulation to the appropriate law enforcement officials, regulators, or other third parties without prior notice to you, and we will cooperate with such authorities as necessary, including disclosing your identity (see our Privacy Policy for more information).

 Your Data

We abide by all applicable privacy and data protection laws. Our Privacy Policy provides additional details about how we treat and protect your personal information.

Application to Person (SMS) Messaging Compliance

  1. Messaging Consent and Purpose. By providing your phone number to AspenView through your use of the Services or other means, you agree to receive automated and manual application-to-person (A2P) messages to your provided phone number. The purpose of these messages may include, but is not limited to, transactional updates, account notifications, and marketing information.
  2. Opt-Out Policy. You may opt-out of receiving A2P messages from us at any time by replying “STOP” to any message, or by contacting us at (650) 681-2134 or marketing@aspenviewtechnology.com. Upon opting out, you will no longer receive A2P messages from us, except for a single confirmation message acknowledging your opt-out request.
  3. Compliance and Liability. We commit to complying with all applicable regulations and carrier policies regarding A2P 10DLC messaging, including the Telephone Consumer Protection Act (TCPA).
  4. Message Frequency. The number of messages you receive will vary depending on your  communication preferences.
  5. Charges. Standard messaging and data rates may apply.

 

Indemnification

You agree to indemnify and hold harmless AspenView, its contractors, and its licensors and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of our Services, including but not limited to any violation of the Privacy Policy and/or these Terms.

Disclaimer of Warranties

Our Services are provided on an “as-is” basis and we make no guarantees the Services or platform will be free of errors, interruptions in service or technical issues. We make no warranties, express or implied, and hereby disclaim all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose.

Limitation of Liability

WHERE ALLOWED UNDER APPLICABLE LAW, IN NO EVENT WILL ASPENVIEW, ITS DIRECTORS, OFFICERS, EMPLOYEES, THIRD-PARTY AFFILIATES, OR AGENTS BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF LOSS OR DAMAGE MAY BE FORESEEABLE, FOR (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATED TO YOUR USE, MISUSE, OR INABILITY TO USE OUR SERVICES; (II) ANY INTERRUPTION OF USE OF OUR SERVICES OR LOSS OR CORRUPTION OF DATA; OR (III) ANY RELATED LOST PROFITS.

OUR LIABILITY ARISING FROM THE PRIVACY POLICY, THESE TERMS AND THE USE OF OUR SERVICES WILL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT YOU HAVE PAID US FOR THE SERVICES IN THE PAST 12 MONTHS.

Termination of Services

We may, in our sole discretion, restrict your access to all or part of the Services, deny providing Services or permanently delete your account, at any time, with or without reason, and with or without providing notice.

Intellectual Property

The trademarks, service marks, and logos on our website are all the registered and unregistered intellectual property of AspenView. We do not allow any use of our intellectual property without our express written permission.

Unless otherwise indicated, you grant us a worldwide, non-exclusive, royalty free, perpetual, transferable license to use, reproduce, distribute and create derivative works of any submissions, documents, materials, ideas, suggestions, or other information provided to or communicated to us through the contact form, email, phone, or other means of communication with us.

Future Amendments

We reserve the right to make changes or updates to these Terms at any time. Because of that, we encourage to you periodically return to review these Terms. Your continued use of the Services following any updates shall mean that you agree and accept such changes.

Governing Law and Venue

Our Services are protected by applicable copyright, trademark, and other US and foreign laws. All claims arising out of or relating to the Privacy Policy, these Terms or the use of the Services will be governed by Delaware law.

Dispute Resolution

A good faith attempt to resolve any issue with us must be made before the escalation of any claim or dispute. Please include a description of your issue, any other pertinent information, and the resolution you seek. You may contact us by emailing us at privacy@aspenviewtechnology.com or writing to us at the mailing address below.

YOU AGREE THAT ALL CLAIMS, WITH THE EXCEPTION OF CLAIMS RELATED TO INTELLECTUAL PROPERTY, WILL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. IF YOUR CLAIM QUALIFIES UNDER SMALL CLAIMS COURT, YOU MAY ALSO BRING YOUR CLAIM THERE. FOR ANY CLAIM THAT IS NOT ARBITRATED OR RESOLVED IN SMALL CLAIMS COURT, YOU AGREE THAT IT WILL BE RESOLVED EXCLUSIVELY IN THE STATE COURTS LOCATED IN DELAWARE OR THE U.S. DISTRICT COURTS IN DELAWARE. YOU AND ASPENVIEW EXPRESSLY WAIVE A TRIAL BY JURY.

 

How to Contact Us

Please contact us at the mailing address below or by emailing us at privacy@aspenviewtechnology.com if you have any questions, comments or concerns regarding this Privacy Policy.

 

AspenView Technology Partners, Inc.
102 S. Tejon Street, Suite 1100
Colorado Springs, Colorado, 80903
United States of America

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