1. Governing Law. Colorado law governs your participation in the program.
a. If you have a dispute with us, you must promptly notify us of the dispute in writing and provide sufficient documentation to allow us to intelligently evaluate the issue.
b. If we are unable to resolve the dispute, you agree to participate in non-binding mediation, with each party to pay one-half of the mediation costs. The mediation will take place in Boulder, Colorado, and the mediator will be Steve Clymer of Accord Dispute Resolution. You may participate in mediation via Zoom or similar technology. You may not file any action against us until you have provided the required information and participated in mediation.
3. Litigation / Venue / Attorney’s Fees / Waiver of Jury Trial. The exclusive venue for any action arising out of your participation in the program shall be in the County or District Court in Boulder, Colorado. You waive any right you may have to invoke diversity jurisdiction to remove any such action to federal court. In any action arising out of this Agreement, the Court must order the losing party to pay the prevailing party’s reasonable attorney’s fees, expenses, and court costs. The parties waive jury trial
4. Entire Agreement; Modification. This document contains all representations by the parties and expresses the entire understanding between the parties with respect to your organization's participation in the program transaction at issue. All prior communications are merged into this document. There are no terms other than those set forth in this document. No statement of a party or its agents shall be binding unless in a writing and signed by an authorized officer of that party. No modifications of these terms shall be binding unless in writing and signed by the parties.
5. Extraordinary Events. In no event shall we be liable for any failure to perform or delay caused by circumstances reasonably beyond our control. This includes, but is not limited to, fire, flood, other natural disasters, geological events, such as earthquakes and volcanic eruptions, weather events, solar and space events, terrorism, strikes, war, power failure, computer viruses and similar problems, criminal or negligent acts of third parties, pandemics, and any other similar occurrences.
6. No Warranties. CCFK strives to make sure each coat we deliver is clean and free from any defects, but CCFK makes no warranties and specifically disclaims all warranties, including any warranty of fitness for a particular purpose.
7. Indemnification. If a third party asserts a claim or brings an action against CCKF (including its officers, directors, employees, agents, and contractors) allegedly arising out of any coat delivered by CCKF, or any photograph used by CCKF, you agree to defend and indemnify us in connection with any such claim or action.