Website Terms and Conditions of Use

Effective date: March 27, 2024

These WEBSITE TERMS AND CONDITIONS OF USE (the “Terms of Use”) are entered into by and between you and Denver Commercial Property Services, Inc.  (“DCPS”, “us”, or “we”). These Terms of Use, together with any policies they expressly incorporate by reference, govern your access to and use of denvercps.com, excelcapitalprojects.com, integrated-cleaning.com, and all of their related websites, including any content, functionality, and services offered on or through such websites (the “Site(s)”).

1. Agreement. Please read these Terms of Use carefully before you start to use the Sites. By using the Sites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at dcps.com/privacy (“Privacy Policy”), 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 Sites. These Sites are offered and available to users who are 18 years of age or older. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with DCPS and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.
2. Changes to these Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Ownership. Each Site, and all content included on the Sites, is and shall continue to be the property of DCPS or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of any Site is prohibited, except as expressly permitted in these Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Sites. These Terms of Use permit you to use the Sites for your personal, non-commercial use only. 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 Sites, except to temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
4. Trademarks. “DCPS” and related names, logos, and marks are either trademarks, service marks, or registered trademarks of DCPS. Other product and company names mentioned on the Sites may be trademarks of their respective owners. You shall not use any marks found on the Sites without our prior written permission.
5. Site Use. DCPS grants you a limited, revocable, nonexclusive license to use the Sites solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. DCPS may terminate the availability of the Sites at any time, with or without notice, for any reason. DCPS may terminate these Terms of Use at any time, with or without notice, for any reason. You shall not:
   1. use the Site 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);
   2. engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm DCPS or users of the Site, or expose them to liability;
   3. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
   4. use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site; or
   5. copy any of the material on the Site for any purpose not expressly authorized in these Terms of Use, without our prior written consent.
6. Changes to Content. DCPS reserves the right to update the content on the Sites from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.
7. Compliance with Laws. You shall comply with all applicable laws regarding your use of the Sites. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification. You agree to indemnify, defend, and hold DCPS, its affiliates, or their licensors, service providers, employees, agents, officers, or directors, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising out of or related to your violation of these Terms of Use or use of the Sites.
9. • Disclaimer.
     • The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.
     • THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. DCPS DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, DCPS DOES NOT REPRESENT OR WARRANT THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
     • TO THE FULLEST EXTENT PROVIDED BY LAW, DCPS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITES SHALL BE TO DISCONTINUE USING THE SITES.
     • You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Use that directly conflict with such laws may not apply to you.
     • The Sites may include content provided by third parties. 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 DCPS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DCPS. 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.
10. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL DCPS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE OR RESPONSIBLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER SITES, 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SITES.
11. Use of Information. DCPS reserves the right, and you authorize us, to use and assign all information regarding your use of the Sites and all information provided by you in any manner consistent with our Privacy Policy.
12. Applicable Law. You agree that the laws of the state of Colorado, without regard to conflicts of laws provisions will govern these Terms of Use and any dispute that may arise between you and DCPS or its affiliates. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sites 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 of Denver and County of Denver. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. Severability. If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
14. Waiver. The failure of DCPS to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by DCPS must be in writing and signed by an authorized representative of DCPS.
15. Relationship of the Parties. Nothing contained in these Terms of Use or your use of the Sites shall be construed to constitute either party hereto as a partner, joint venturer, employee or agent of the other party hereto, nor shall either party hold itself out as such. Neither party hereto has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
16. Entire Agreement. These Terms of Use constitutes the sole and entire agreement between you and DCPS and governs the terms and conditions of your use of the Sites, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and DCPS with respect to the Sites.