Website Terms of Use
Last Updated: January 21, 2025
These Website Terms of Use (these “Terms”) are a legal agreement between you and THE LANGSTON CO., a Colorado limited liability company (“Langston”, “we”, “our”, or “us”) governing your access to and use of Langston’s website available at www.thelangstonco.com (the “Site”) and the online surveys further outlined below that Langston makes available on the Site (the “Surveys”).
You represent and certify that you are of legal age to form a binding contract and are not a person barred from participating in the Surveys under the laws of the United States or other applicable jurisdictions. To participate in the Surveys, you must be 18 years old or over.
BY CLICKING I AGREE, OR BY OTHERWISE ACCESSING THE SITE OR PARTICIPATING IN THE SURVEYS, YOU AGREE TO BE BOUND BY THESE TERMS.
In the case of inconsistencies between these Terms and information included in any other materials related to the Site or the Surveys, these Terms will govern and take precedence.
1. Surveys
1.1 Description. The Site provides information and marketing materials regarding Langston’s services and Surveys. The Site also provides you with the opportunity to take Surveys. Any information and marketing materials are not guarantees and, except as otherwise provided in any other agreement between you and Langston for the purchase of Langston’s services, Langston does not make any representation or warranty regarding its Site, Surveys, or Services.
1.2 Access to and Use of the Site and Surveys. Subject to these Terms, Langston grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Site and access and participate in the Surveys, with respect to each of the foregoing, solely for your personal use. As between you and Langston, Langston expressly retains all ownership rights, title, and interest in and to all aspects of the Site and Surveys, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site and Surveys or derived therefrom.
1.3 Restrictions. You may not modify the Site or Surveys, create derivative works of the Site or Surveys, or reverse engineer, reverse compile, reverse assemble, or do any other operation with the Site or Surveys that would reveal any trade secrets, know-how, or other proprietary information. You may not reproduce, modify, create derivative works of, distribute, publicly perform, or display any aspect of the Site or Surveys. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright displayed by, on, or in the Site or Surveys. You may use the Site and participate in the Surveys only while these Terms remain in effect. Under no circumstances will you have any rights of any kind in or to the Site or Surveys after any termination or expiration of your agreement to these Terms for any reason. If you provide any suggestions, corrections, ideas, comments, questions, recommendations, or other feedback of any kind to Langston regarding the Site or Surveys, including, but not limited to, any modifications or improvements thereto (collectively “Feedback”) Langston has the right to use the Feedback and all intellectual property rights therein without any limitation, attribution, or obligations to you and without the requirement to pay any compensation to you or any other party. Without limiting the foregoing, you hereby grant to Langston a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights. You represent and warrant that you have all rights necessary to submit the Feedback and grant the license to Feedback granted in these Terms.
1.4 Availability. Langston uses reasonable efforts designed to ensure that the Surveys are available. However, there may be occasions when the Site and Surveys will be interrupted, including, but not limited to, for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment that are beyond Langston’s control. You acknowledge and agree that Langston will not be liable to you for any unavailability, modification, suspension, or discontinuance of the Site or Surveys. You are responsible for obtaining access to the Site and Surveys and that access may involve third-party fees (such as Internet service provider fees or data usage fees). You are responsible for those fees. In addition, you must provide, and are responsible for, all equipment necessary to access the Site and Surveys.
2. Survey Data. In connection with your participation in the Surveys, you will provide Langston certain content, data, and other information (collectively, “Survey Data”). You hereby grant Langston and its authorized representatives and contractors a non-exclusive license to use Survey Data for the purposes of providing the Surveys to you and for exercising its rights to Survey Data hereunder. You acknowledge that Langston may use Survey Data for benchmarking purposes; improving our Site, Surveys, services, modules, and research; developing new surveys and services; providing general information about modules and research; and to provide services to our customers generally, with respect to each of the foregoing, on the condition that such Survey Data does not identify you. Langston retains ownership of all right, title, and interest in and to any content, data, or information that is collected or produced by the Site and Surveys in connection with your use of the Site and Surveys but that does not identify you (collectively, “Usage Data”). Usage Data may include, but is not limited to, usage patterns, traffic logs, and your conduct associated with the Site and Surveys. Langston may use Usage Data for any lawful business purpose, including, but not limited to, benchmarking, data analysis, and to improve Langston’s Site, Surveys, services, systems, and algorithms.
3. Third Party Software and Linking. The Site may contain links to third party websites, advertisements, and applications (collectively, “Third-Party Offerings”). Access to and use of any Third-Party Offering is at your own risk and is solely determined by the relevant Third-Party Offering provider and is subject to such additional terms and conditions applicable to such Third-Party Offering. When you click on a link to a Third-Party Offering, we will not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website. Langston does not control such Third-Party Offerings. Langston is not responsible for any Third-Party Offerings. Langston provides these Third-Party Offerings as a convenience only and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Offerings, or any product or service provided in connection therewith. When you leave our Site, these Terms no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Offering, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
4. Suspension and Termination. Langston reserves the right to suspend or terminate your access to and use of the Site and Surveys, at any time, without notice, for any reason, including but not limited to (a) your breach of these Terms, or any other policies or guidelines set forth by Langston, or (b) conduct that Langston believes is harmful to other users of the Site or Surveys, or the business of Langston or other third parties. Further, you agree that Langston will not be liable to you for any termination of your access to the Site or Surveys. Langston reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and Surveys (or any part thereof) with or without notice. You agree that Langston will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Surveys.
5. Privacy. To learn more about how your personal information may be collected, used, and disclosed in connection with the Site and Surveys, please visit the Privacy Policy available through a link at the bottom of the Site (“Privacy Policy”). You understand and agree that, notwithstanding any measures taken to prevent unauthorized disclosure, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to confidential and other personal information. Accordingly, Langston cannot and does not guarantee the privacy, security, or authenticity of any information so transmitted over or stored in any system connected to the Internet.
6. Disclaimer of Warranty. THE SURVEYS AND SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. LANGSTON EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTOR WITH RESPECT TO THE SITE AND SURVEYS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. LANGSTON MAKES NO WARRANTY THAT THE SITE OR THE SURVEYS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SITE OR SURVEYS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE AND SURVEYS WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS OR THAT THE SURVEYS (OR THE RESULTS THEREFROM) WILL MEET YOUR REQUIREMENTS OR ACHIEVE YOUR INTENDED RESULTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMERS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU.
7. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT, IN NO EVENT WILL LANGSTON BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, OR FOR ANY LOST DATA, LOST PROFITS, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR RELATING TO ANY ONE OR MORE OF THE FOLLOWING: THESE TERMS, THE SITE, OR THE SURVEYS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF LANGSTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL LANGSTON’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH ANY ONE OR MORE OF THE FOLLOWING: THESE TERMS, THE SITE, AND THE SURVEYS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW. IT IS THE INTENTION OF YOU AND LANGSTON THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
8. General.
8.1 Modification. Langston may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site or Surveys after the “Last Updated” date at the top of these Terms. Your continued access to or use of the Site or Surveys after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Site or Surveys.
8.2 Governing Law; Venue. The laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction govern these Terms, the Site, and the Surveys. If you believe that Langston has not adhered to these Terms, please contact us by e-mail at contact@thelangstonco.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Langston are unable to reach a resolution to the dispute, you and Langston will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and Langston agree that any arbitration will be limited to the dispute between Langston and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND LANGSTON ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Langston otherwise agree in writing, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Surveys or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever.
8.3 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and Langston as a result of these Terms or use of the Site or the Surveys.
8.4 Force Majeure. Langston will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of any cause which is beyond Langston’s reasonable control.
8.5 Waiver. The failure of Langston to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Langston in writing.
8.6 Contact. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to Langston as follows:
By E-mail: contact@thelangstonco.com
By Postal Mail: 600 17th Street, Suite 2800 Denver, CO 80202
8.7 Entire Agreement. If any provision of these Terms is unenforceable, the other provisions of these Terms will be unimpaired, and the unenforceable provision will be deemed modified so that it is enforceable to the maximum extent permitted by law (unless such modification is not permitted by law, in which case such provision will be disregarded).