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, 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:

  • patents
  • copyrights
  • trademarks
  • trade secrets
  • know-how
  • 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
  • Reverse engineer, reverse compile, or reverse assemble the Site or Surveys
  • Reproduce, distribute, publicly perform, or display any aspect of the Site or Surveys
  • Remove or modify any confidentiality, trademark, or copyright notices

You may use the Site and participate in the Surveys only while these Terms remain in effect.

If you provide suggestions, corrections, ideas, comments, questions, recommendations, or other feedback to Langston regarding the Site or Surveys (“Feedback”), Langston has the right to use that Feedback without limitation, attribution, or compensation.

You grant Langston a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use and exploit any Feedback.

You represent and warrant that you have the rights necessary to provide such Feedback.

1.4 Availability

Langston uses reasonable efforts to ensure the Surveys are available. However, the Site or Surveys may be interrupted due to:

  • maintenance
  • upgrades
  • emergency repairs
  • telecommunications failures

Langston will not be liable for any unavailability, modification, suspension, or discontinuance of the Site or Surveys.

You are responsible for obtaining access to the Site and any related costs, including:

  • internet service provider fees
  • data usage fees
  • required equipment

2. Survey Data

In connection with your participation in the Surveys, you will provide Langston certain content, data, and information (“Survey Data”).

You grant Langston a non-exclusive license to use Survey Data for:

  • providing Surveys
  • benchmarking
  • improving the Site and services
  • developing new surveys and services
  • providing general research insights

Langston may use Survey Data only in ways that do not identify you personally.

Langston retains ownership of aggregated or anonymized data (“Usage Data”) generated through the Site and Surveys, including:

  • usage patterns
  • traffic logs
  • behavioral data

Usage Data may be used for any lawful business purpose.


3. Third-Party Software and Linking

The Site may contain links to third-party websites, advertisements, and applications (“Third-Party Offerings”).

Access to Third-Party Offerings is:

  • at your own risk
  • governed by the third party’s terms and privacy policies

Langston:

  • does not control these services
  • does not endorse them
  • is not responsible for their content or services

You should review the terms and privacy practices of any third-party service before using it.


4. Suspension and Termination

Langston reserves the right to suspend or terminate your access to the Site or Surveys at any time without notice for reasons including:

  • violation of these Terms
  • harmful conduct toward users or Langston’s business

Langston may also modify or discontinue the Site or Surveys at any time without liability.


5. Privacy

To learn more about how your personal information may be collected, used, and disclosed, please review the Privacy Policy, available through a link at the bottom of the Site.

Because information transmitted over the internet may be intercepted, Langston cannot guarantee the privacy, security, or authenticity of information transmitted online.


6. Disclaimer of Warranty

THE SITE AND SURVEYS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

Langston disclaims all warranties, including:

  • merchantability
  • fitness for a particular purpose
  • non-infringement

Langston does not guarantee that the Site or Surveys will be:

  • uninterrupted
  • secure
  • error-free
  • free of viruses
  • available at all times

Some jurisdictions do not allow these disclaimers, so they may not apply to you.


7. Limitation of Liability

To the fullest extent permitted by law, Langston will not be liable for:

  • indirect damages
  • incidental damages
  • lost profits
  • lost data
  • procurement of substitute services

Langston’s total liability for any claim relating to the Site or Surveys will not exceed $100.


8. General

8.1 Modification

Langston may modify these Terms at any time. Changes become effective when you next access the Site after the Last Updated date.

8.2 Governing Law and Venue

These Terms are governed by the laws of the State of Colorado.

Disputes will be resolved through binding arbitration under the American Arbitration Association in Denver, Colorado.

You and Langston waive the right to:

  • jury trials
  • class actions
  • representative proceedings

Claims must be brought within one year of the cause of action.

8.3 Independent Contractors

No partnership, employment, or agency relationship exists between you and Langston.

8.4 Force Majeure

Langston is not liable for delays or failures caused by events beyond its reasonable control.

8.5 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision.


Contact

Questions about these Terms should be directed to:

Email: contact@thelangstonco.com

Mail:
600 17th Street, Suite 2800
Denver, CO 80202