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Terms of Use

Introduction
Thank you for visiting the Rays website. In return for gaining access to the Site and using it, you agree to be bound by the following Agreement without limitation or qualification, so please carefully review this Agreement before proceeding. If you do not intend to be legally bound by these terms and conditions, do not access and use the Site.

Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement with respect to the rays.net site (the "Web site"). This Agreement constitutes the entire and only agreement between rays.net and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Web site, the content and services provided by or through the Web site, and the subject matter of this Agreement. You agree to review this Agreement prior to reviewing any information or obtaining any documents. This Agreement may be amended at any time by us without specific advance notice to You.

Limited Right to Use
The viewing or downloading of any content grants You only a limited, nonexclusive license for use solely by You for Your own personal use and not for re-publication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for Your personal use (but not for resale or redistribution).

Intellectual Property Notifications
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Web site are protected under applicable copyrights, trademarks, service marks, trade names, patents, and other intellectual property rights. Copying, redistributing, using, or publishing the content without written permission from Rays is strictly prohibited. Further, the use of Rays’ graphics logos, page headers, button icons, scripts, and service names in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Rays is strictly prohibited. All other trademarks not owned by Rays that appear on this site are the property of their respective owners, who may or may not be affiliated with Rays. You do not acquire ownership rights to any content or document obtained through the Web site.

Indemnification
You agree to indemnify, defend, and hold harmless Rays and its affiliates from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses and costs (collectively, "Claims"), based on, arising out of, or resulting from your use of the Web site, including any Claims alleging facts that if true would constitute your breach of this Agreement.

Disclaimer
The Content may contain inaccuracies and/or typographical errors. Rays may alter, change or improve the Content at any time and without notice. Rays makes no representations or warranties as to the Content's completeness or accuracy, and makes no commitment to update the Content. Rays makes no representations about the Content's suitability for any purpose.

YOU USE THE WEB SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL RAYS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER RAYS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Rays neither warrants nor represents that Your use of information and material on the Web Site will not infringe upon the intellectual property rights of third parties. Rays shall not be liable for any virus or other damage to your computer equipment or other property due to Your accessing, browsing, or using the Site or due to Your downloading any audio, data, images, materials, pictures, text or video from the Site.

Use of Information
Rays reserves the right, and You authorize Rays, to the use and assignment of all information regarding Web site uses by You and all information provided by You.
Copyrights and Copyright Agents
We respect 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, please provide our Webmaster the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and email address; 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; A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

For notice of claims of copyright infringement, please contact Rays at:
NightRays, PA, d/b/a Rays
10901 W. Toller Dr., Suite 105
Littleton, CO 80127
By phone: 303.933.8270
By email: info@rays.net

Miscellaneous
This Agreement shall be treated as though it were executed and performed in Denver, Colorado, and shall be governed by and construed in accordance with the laws of the State of Colorado (without regard to conflict of law principles). Any cause of action with respect to the Site (and/or information and agreements, thereon) must be instituted within six (6) months after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Denver, Colorado. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of Rays to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor shall it be deemed a waiver of the right to enforce such provision.

Links to Other Websites
This Web site contains links to other Web sites. We are not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Web site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Web site and access these third party sites, you do so at your own risk.

Other Terms
This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Web Site.

Any failure of Rays to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.