CBA-CLE Fillable Forms
Disclaimer, License and Liability Limitation

CBA-CLE Fillable Forms is an electronic database provided by the Colorado Bar Association-CLE as a subscription service. The database offers forms, checklists, sample letters, agreements, provisions, and descriptions thereof on various areas of law (collectively "Materials"). CBA-CLE may update the Materials, and such updates will be provided to library subscribers while the subscription is in force. Any such changes may be made without prior notice, although a good faith effort will be made to notify subscribers of changes within a reasonable time.

ACCEPTANCE OF TERMS THROUGH USE

By purchasing and using the Materials provided on the site, you signify your agreement to all terms, conditions, policies, and notices contained or referenced in this agreement. If you do not agree with any provision of this agreement, do not purchase any of the Materials.

NO WARRANTY

Although every effort is made to verify the accuracy of all Materials in this database, and every effort will be made to update them as warranted by changes in statutes, regulations, and case law, CBA-CLE REMINDS THE SUBSCRIBER THAT ALL MATERIALS ARE PROVIDED WITHOUT WARRANTY, EXPRESS OR IMPLIED, AS TO THEIR LEGAL EFFECT AND COMPLETENESS, as fully set forth below. The Materials should be used as a guide and modified to address the specific facts and circumstances of the transaction or case at issue. Subscribers assume the entire risk of using the Materials.

The attorneys who have drafted the Materials do not warrant those Materials, nor are they creating an attorney-client relationship by providing the Materials or other information on the CBA-CLE website.

ADDITIONAL TERMS

ALL SUBSCRIBERS TO THE CBA-CLE Fillable Forms Library MUST AGREE WITH THE FOLLOWING TERMS AND CONDITIONS. USE OF ANY OF THESE MATERIALS SHALL BE DEEMED CONSENT TO THE TERMS OF THIS AGREEMENT.

License and Terms of Use (Agreement)

Library subscriptions

The forms, sample letters, agreement provisions, and descriptions thereof (collectively "Materials") are available on a subscription basis for one-year terms. The subscriber agrees to pay the subscription fee as set out by CBA-CLE. If at any time, the purchaser fails to make any required payment to CBA-CLE or to perform any other obligation under this Agreement, CBA-CLE, may, without further notice, terminate this agreement, withhold any updates of the Materials, recover any payments due hereunder, and may collect all costs incurred in enforcing the terms of this agreement.

Upon expiration of the initial one-year term, this agreement, unless renewed, shall automatically terminate, and the materials may no longer be used in the original or revised format. Renewals are at the subscription fee applicable at the time of renewal. Any renewal shall be subject to the terms and conditions of this agreement. Failure to pay the annual renewal fee when due may, at the sole discretion of CBA-CLE, result in immediate termination of the agreement and subscription.

CBA-CLE may terminate this agreement at any time for violation of this agreement, misuse of these libraries by the purchaser, or other good cause. At the time of termination, subscription fees already paid shall be nonrefundable.

The subscriber agrees to comply with all applicable laws in using the CBA-CLE website and the Materials.

The products available for purchase from CBA-CLE, including forms and all other products, may not be transferred, sold, assigned, or redistributed to other persons. Subscribers are granted a nonexclusive license to reproduce and adapt the Materials only on behalf of their clients during the existence of the subscription. Any copyright notices appearing on the Materials shall not be removed or altered. The Materials available on the site may not be republished or translated, nor may they be used to do any derivative work for any third party (as that term is defined under the Federal Copyright Act, 17 U.S.C. sec.101, et seq.).

Any Materials obtained from the Sites must be used only in accordance with this agreement regardless of whether they are protected under federal copyright laws.

Except with the prior written consent of CBA-CLE, the subscriber may not assign, delegate, pledge, or otherwise transfer this subscription or any other rights or obligations under this agreement to any third party.

CBA-CLE reserves the right to modify these terms and conditions at any time without prior notice.

This agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Colorado; by entering into this agreement, the subscriber hereby consents to the personal jurisdiction of such courts for the purpose of litigating any such action.

If any provision of this agreement is declared invalid or unenforceable, the remaining provisions will remain in effect.

Disclaimer of Warranties and Liabilities

THE MATERIALS AVAILABLE ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

EACH SUBSCRIBER AND USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MATERIALS. CBA-CLE AND ITS AGENTS, OFFICERS, AND AFFILIATES DISCLAIM ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIAL ON THE SITES. CBA-CLE WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS, OR THE INABILITY TO USE SUCH MATERIALS, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHERWISE, AND WHETHER OF NOT CBA-CLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

EACH SUBSCRIBER AGREES TO INDEMNIFY AND HOLD HARMLESS CBA-CLE FROM ANY THIRD-PARTY CLAIM, ACTION, DEMAND, LOSS, OR DAMAGES (INCLUDING ATTORNEY FEES AND COSTS) ARISING OUT OF OR RELATING TO SUBSCRIBER'S VIOLATION OF THIS AGREEMENT, USE OF THE MATERIALS, OR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF CBA-CLE, FOR ANY TYPE OF DAMAGES, SHALL BE LIMITED TO THE TOTAL SUBSCRIPTION FEES PAID BY THE USER MAKING THE CLAIM, WITHIN THE IMMEDIATELY PRECEDING 12-MONTH PERIOD. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

This warranty provides specific legal rights. This warranty will not apply to the extent that any provision of this warranty is prohibited by any federal, state, or local law that cannot be preempted.