Terms & Conditions
Cactus Marketing Communications, Inc.
Acceptance of the Terms. Cactus is pleased to provide the information on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Site. You can review the most current version of the Terms at any time by clicking on the terms and conditions link from any page on the Site.
Cactus has the right, but not the obligation, to take any of the following actions without providing any prior notice to you and without any liability to you or any third party:
(1) change or terminate all or any part of our Services;
(2) restrict or terminate your access to all or any part of our Services; or
(3) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.
Access to the Site. Cactus is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally-binding contracts under applicable law. Without limiting the foregoing, you must be 13 years of age or older to use the Site. If you do not qualify, please do not use the Site. Cactus reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion.
User Obligations. In consideration of your use of the Site and/or the Services, you agree to be subject to certain obligations. For any personal information that you provide to us through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if Cactus has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Cactus has the right to refuse any and all current or future use of the Site (or any portion thereof).
Disclaimer Regarding Use of the Site. THE CONTENT CONTAINED ON THE SITE (INCLUDING ANY MATERIALS DOWNLOADED FROM THE SITE) WAS CREATED FOR THE PURPOSES OF EDUCATION AND INFORMATION ONLY AND DOES NOT CONSTITUTE MENTAL HEALTH OR MEDICAL ADVICE. ACCORDINGLY, THE INFORMATION SET FORTH ON THE SITE (OR IN ANY MATERIALS DOWNLOADED OR PURCHASED FROM THIS SITE) IS NOT A SUBSTITUTE FOR PROFESSIONAL MENTAL HEALTH OR MEDICAL ADVICE OR TREATMENT. BEFORE TAKING ANY ACTION BASED ON ANY OF THE INFORMATION ON THE SITE, PLEASE CONSULT YOUR PHYSICIAN OR MENTAL HEALTH PROFESSIONAL. NEVER DISREGARD PROFESSIONAL MENTAL HEALTH OR MEDICAL ADVICE OR DELAY IN SEEKING TREATMENT BECAUSE OF SOMETHING YOU HAVE SEEN ON THE SITE. BY USING THE INFORMATION ON THIS SITE, YOU AGREE AND ACKNOWLEDGE THAT CACTUS, THE STATE OF COLORADO, THE Colorado Department of Public Health and Environment, THEIR RESPECTIVE AFFILIATES AND ALL PARTIES INVOLVED WITH THE PRODUCTION OF THE INFORMATION ON THE SITE MAKE NO REPRESENTATION OR WARRANTY AS TO THE INFORMATION PROVIDED ON THE SITE AND CANNOT AND WILL NOT BE HELD RESPONSIBLE FOR ANY LOSS OR INJURY THAT RELATES TO, OR OCCURS DURING YOUR USE OF, THE INFORMATION PROVIDED ON THIS SITE.
Use of Interactive Areas. The Site may allow you to submit, post or upload videos, images, files, information, postings, tags, comments, messages, and other text ("Content"). The Site also may contain areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas or other message and communications features ("Interactive Areas"). You are entirely responsible for all content that you upload, post, email or otherwise transmit via the Site. You agree to post only messages, comments or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post content or engage in any other activity on the Site that:
- defames, threatens, abuses or otherwise violates the legal rights of others;
- is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
- infringes another's rights to intellectual property, publicity, or privacy;
- collects or stores personal information about other Site users;
- contains, transmits or disseminates viruses;
- disrupts or otherwise interferes with the Site or the networks or servers used by Cactus;
- impersonates any person or entity or misrepresents your connection or affiliation with a person or entity; or
- constitutes illegal activity.
Cactus reserves the right (but not the obligation) to review, edit, or delete any Content you post to this Site and to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever.
Submissions to Interactive Areas and Licensing of Content. You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or content you post to an Interactive Area may be read by others. Cactus recommends that you avoid posting or otherwise disseminating any personally identifiable information in the Interactive Area.
Cactus does not endorse or control the content, messages or information found in any Interactive Area and, therefore, Cactus specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
You acknowledge and agree that Cactus may preserve any submissions to the Site and may also disclose submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any submission violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Cactus, the Site, its users and the public.
By submitting Content to the Interactive Areas, or otherwise to the Site or Cactus or its affiliates (including, without limitation, via email), you agree that such Content and any geographical identification metadata (geotags) or other metadata, attributes, features or characteristics relating to the Content ("Metadata") is non-confidential for all purposes. If you submit, post or upload any Content to the Site, or if you submit any business information, idea, concept or invention to Cactus or the Site, you automatically grant, or warrant that the owner of such Content or intellectual property has expressly granted, Cactus a royalty-free, fully paid-up, perpetual, irrevocable, world-wide, nonexclusive license to use, copy, process, adapt, transmit, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display and sublicense the Content and Metadata relating to the Content in any media or medium, or any form, format, or forum now known or hereafter developed (the "License").
Limits on Liability. Cactus, the State of Colorado, the Colorado Department of Public Health and Environment and their respective affiliates will not be liable for:
- the contents of any communication, message, or information posted by you or other third parties;
- the content of any website not controlled, owned, or operated by Cactus that is accessed from or linked to this Site;
- the content, services or information provided by any website purporting to be operated by Cactus or its affiliates, but not actually affiliated with, controlled, owned, or operated by Cactus;
- any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
Content. The information on the Site may contain inaccuracies and typographical errors. Cactus shall not assume any responsibility or liability for any such inaccuracies, errors or omissions. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. You acknowledge that you may not rely on any content on the Site. Cactus does not endorse or represent the reliability, accuracy or quality of any information, or goods, services or products displayed or advertised on the Site. We make no representations or warranties, express or implied, with respect to the information provided on this Site.
Third-Party Websites. Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by Cactus of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because Cactus has no control over third-party websites and resources, you acknowledge and agree that Cactus is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that Cactus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.
Proprietary Rights. You acknowledge and agree that content contained in the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by Cactus or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. You may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Site owned by Cactus are the copyright of Cactus. All rights reserved. You agree that all of Cactus's trademarks, trade names, service marks, logos and service names, including, without limitation, the MANTHERAPY, GENTLEMENTAL HEALTH and DR. RICH MAHOGANY trademarks, are trademarks and are property of Cactus (the "Cactus Marks"). You agree not to display or use in any manner the Cactus Marks, without the express prior permission of Cactus.
No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
Indemnification. You agree to indemnify, defend and hold Cactus, the State of Colorado, the Colorado Department of Public Health and Environment and their respective affiliates, and their respective directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of, or inability to use, the Site, your connection to the Site, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity.
Enforcement. Cactus does not assume responsibility to you or others for any failure by Cactus to enforce the provisions contained in the Terms.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, CACTUS, THE STATE OF COLORADO AND THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND THE ENVIRONMENT EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE CACTUS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
- CACTUS, THE STATE OF COLORADO AND THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND THE ENVIRONMENT MAKE NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CACTUS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notice And Procedure For Copyright Infringement Claim. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Cactus reserves the right, but not the obligation, to terminate your right to use the Site if Cactus determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Cactus accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, Cactus has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of Cactus to receive notification of claimed infringement is:
Cactus Marketing Communications, Inc.
2128 15th Street
Denver, CO 80202
E-mail: [email protected]
Cactus respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Governing Law. You and Cactus agree that the Terms and the relationship between you and Cactus shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of laws analysis. You and Cactus hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the county of Denver, Colorado, or the United States District Court for the District of Colorado for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence any legal proceedings related thereto except in such court. You and Cactus irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Waiver. Cactus's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Cactus in writing.
Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties' agreement.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.
Cactus Communications, Inc.
How We Collect and Use Information
We collect two types of information: personally identifiable information and non-personally identifiable information. Personally identifiable information is information that identifies you or can be used to identify or contact you ("Personally Identifiable Information"). We also may collect information that by itself typically cannot be used to identify or contact you, such as demographic information (e.g. age, profession or gender), IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Site ("Non-Personally Identifiable Information").
Personally Identifiable Information we collect may include your name, email addresses, postal addresses, ZIP code, telephone number, user name and password, and other information either desirable or necessary to provide quality services to our customers and visitors. We may also collect information about you such as your use of the Site and communication preferences.
To the extent we are able to do so, we may link your Non-Personally Identifiable Information with your Personally Identifiable Information. We may also link information collected online with information we collect offline or that is collected online by third parties.
Cactus may use the information collected from you to provide services which you have requested from us. We may also use your personal information to send you targeted messages, publications, news, and information about events, special offers, promotions and benefits. Cactus may use third-party service providers to send and distribute e-mail and to perform other marketing and support functions. We may use information we collect from you to improve the content of this Site, to enhance users' experiences when visiting this Site, and to customize the content and layout of this Site for each individual user.
Sharing of Personal Information
We also may share with third parties aggregated demographic and statistical information that is not personally identifiable.
Cactus also may disclose an individual's personal information:
- to a person who in the reasonable judgment of Cactus is seeking the information as an agent of the individual;
- in situations where sharing or disclosing your information is required in order to offer you products or services you desire;
- to a third party or parties, where disclosure is required or permitted by law;
- to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of Cactus's assets.
Cactus may be required to use or disclose your information in connection with a legal action or other proceeding, including without limitation, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.
Through the Site, Cactus may make available areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas, or other message and communications features. Some of these forums may require registration. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.
Cactus does not knowingly solicit or collect personal information on the Site from children under the age of 13 without prior verifiable parental consent. If Cactus learns that, despite these measures, a child under the age of 13 has submitted personally identifiable information to Cactus through the Site, it will take reasonable measures to delete such information from its records and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).
How We Store Your Information
Cactus is committed to protecting the security of any personal information you provide to us. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information that you provide to us. After you have submitted your information online to Cactus, we recommend that you end your browser session before leaving your computer. In spite of these protections, Cactus cannot guarantee the security of any data submitted over the Internet. After your information reaches Cactus, however, it is stored on servers (or in the case of information received from you in person, in writing or over the phone, in physical storage areas) protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties.
Opt-Out From Mailings
From time to time, you may receive periodic mailings, telephone calls or e-mails from Cactus with news or other information on events, products, services, discounts, special promotions, upcoming events or other offers from or on behalf of Cactus. If at any time you wish to stop receiving emails or mailings from Cactus please send us an email to [email protected] with the phrase "Privacy Opt-out: Cactus Mailings" in the subject line, or write to us at the address provided below, and we will remove you from Cactus's mailing list. Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most promotional e-mail messages from Cactus.
by writing to us at:
Cactus Marketing Communications, Inc.
2128 15th Street
Denver, CO 80202
Last Updated: November 27, 2012