TERMS OF USE

The following Terms Of Use ("Terms of Use") govern the use of this website ("Site") operated by XCEL COMPANIES ("XCEL", "we", or "us"). By using this Site, you accept and agree to the Terms of Use.

These Terms of Use apply to your use of any and all websites owned or operated by XCEL. Unless we say otherwise, all references to the XCEL sites in these Terms of Use include all such sites. These Terms of Use do not apply to your use of third-party sites to which any of the XCEL websites only links.

Use of This Site

Materials within the Site may be only accessed for your own personal, non-commercial use. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create works from such materials or content, or in any way exploit the material or content of this Site. This means you may download copies of posted materials for personal or business use only, so long as you neither change nor delete any trademark, copyright, or other notices. Any other reproduction, copying, redistribution, or mirroring of any Site materials is strictly prohibited.

General Disclaimer

You understand and expressly agree that use of this Site is at your own risk, that any material or data downloaded or otherwise obtained through the use of the Site or by virtue of resulting interaction with other Users is at your own discretion and risk, and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or data, and for any other form of damage that may be incurred. XCEL shall not be liable to Users for any damage resulting from use of the Site, nor in any way responsible for the conduct of Users, or information exchanged on the Site.

Although XCEL endeavors to keep Content on this Site updated it is not possible to ensure that all information is correct or up to date. This Site is intended to be for general reference purposes and is not intended to constitute an offer or solicitation. XCEL assumes no responsibility or liability for any actions taken as a result of using this Site, or for errors or omissions in the Content on this server. THIS SITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability

Under no event shall XCEL or any of its affiliates, officers, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, information, profits or business interruption, arising out of or in any way related to the use, inability to use, or performance of this Site or any linked site, to any information or products or anything else obtained through this Site, or otherwise arising out of the use of this Site, or to the inability to use the Site, whether based in tort, contract, negligence, strict liability or otherwise, even if XCEL has been advised of the possibility of damages. Your sole and exclusive remedy is to discontinue using this Site.

Warranty

This Site is provided by XCEL on an "as is" basis. XCEL disclaims all warranties with respect to this Site, and to any information or products or services available on this Site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. XCEL also makes no warranty or representation regarding the results that may be obtained from this Site, or regarding the accuracy or reliability of any information obtained from the Site, or that its services will meet any user's requirements, be uninterrupted, timely, secure or error free. XCEL shall have no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.

Links to and from this Site

Third-party companies and linked sites are not under XCEL's control, and XCEL disclaims any responsibility or liability for the contents or accuracy of any linked sites. Your interaction with third-party advertisers and sites linked to, accessible from or linking to this Site, is at your own risk and subject to that site's own Terms and Conditions and Privacy Policy.

XCEL does not endorse any linked site, and is not responsible for any transmission or material received from any linked site. XCEL assumes no responsibility, and shall not be liable, for any viral infection of your computer equipment or software, or any other types of damage in any form, on account of your access, use of or browsing in this or any other site. You also hereby acknowledge and agree that XCEL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any links to third-party web sites or the use, downloading or reliance on any third-party materials.

Employment

XCEL is an equal opportunity employer. Nothing in these materials shall constitute an offer of employment. Although XCEL will use all reasonable efforts to maintain confidential any personal resumes or information submitted to it, XCEL can not guarantee that confidentiality will be maintained and Privacy Policy is not applicable.

Intellectual Property

The Content of this Website is the property of XCEL, and is protected by copyright, trademark, trade dress, and other applicable statutes and regulations. The Site may also employ the use of third-party materials, the names, images, and descriptions of which are the property of their respective owners.

The Content herein is provided by as a service to the public and is to be used for personal general reference purposes only. Any violation of these terms of use may subject the User and any recipient of copyright protected materials to full prosecution under applicable law.

All text, audio, video, graphics, charts, photographs and icons, design, selection, and arrangement of content in any medium on this Site is protected by United States copyright and other copyright laws, and is the property of XCEL or licensed to XCEL, unless otherwise noted.

The distinctive and original layout and presentation of this Site constitutes protectable trade dress under applicable federal law. In addition, registered and common law trademarks and service marks owned by XCEL appear throughout this Site. All the foregoing trademarks and trade dress are the sole property of XCEL, and may not be used without its prior written consent.

Any unauthorized use of any of XCEL's trademarks, trade dress, copyrighted material, or any other intellectual property, is strictly prohibited, and will be prosecuted to the fullest extent that the law provides.

Changes to this Policy XCEL reserves the right to change these Terms of Use at any time. If we decide to change the Terms of Use, we will post any changes on this Site. Any such changes shall be effective upon posting on the Site. By accessing the Site following the posting of changes to the Terms of Use or Privacy Policy, you agree to all such changes. Interpretation, Disputes and Venue These Terms of Use are governed by the laws of the United States and the State of Colorado, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Denver, Colorado U.S.A. with respect to resolution of any dispute arising under these Terms of Use. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys' fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator making such determination shall modify such provision to the minimum extent necessary so as to make it enforceable and valid; but if this cannot be done then the provision shall be severed and the remaining Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim made by you or any other website viewer or user with respect to this Site must be commenced within one year after the claim or cause of action arises.