Terms of Use

Welcome to ColibriSolutions.com (the “Site”).

Colibri Solutions provides the content and services available on the Site subject to our Privacy Policy and the following terms and conditions (collectively, “Terms and Conditions”).  By accessing or using the Site, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions.  You agree that you shall act always in accordance with the law, custom and in good faith.  You agree that you shall not make any change or alteration to the Site or its content, and shall not in any way impair the integrity or operation of the Site.

Privacy

Please review our Privacy Policy so that you may understand our privacy practices.

Personal, Noncommercial Use Only

This Site is provided for your personal, noncommercial use only.  You agree not to copy or use Site content in any way that infringes on anyone’s intellectual property rights.  Any copying, republication or redistribution of Site content without prior written permission is expressly prohibited.

Products, services and samples we may provide to you are for personal use only, unless we have agreed to enter into a commercial relationship with you.  We reserve the right to cancel or modify orders if we believe that your use of our products, services and samples violates these Terms and Conditions.

Intellectual Property

All information and content on the Site and its look and feel, including without limitation trademarks, copyrights, logos, text, graphics, icons, images, data compilations and software, are the property of Colibri Solutions and are protected by United States and international laws, including laws governing infringement of copyrights and trademarks.

Colibri Solutions grants you a limited, revocable and non-exclusive license to access and make personal use of the Site.  This limited license does not include the right to:  frame or enclose the Site or any portion thereof; republish, redistribute, transmit, sell, license or download the Site or any content (except catching or as necessary to view the Site); make any use other than personal use of the Site; modify, reverse engineer or create any derivative works based on the Site or its content; collect account information for the benefit of yourself or any third party; or use any metatags or other hidden text utilizing Site content.

Colibri Solutions also grants you a limited, revocable and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only.  By linking to the Site home page, you agree that you will not:  replicate any or all of the content; imply that Colibri Solutions endorses your products, services or websites; misrepresent your relationship to Colibri Solutions; or include content that could be construed as offensive, distasteful, obscene, offensive, controversial or illegal or inappropriate for any ages.  You agree further that you will not portray us or our products in a false, misleading, derogatory or otherwise offensive light.  You agree that we may request that you remove any link to the Site, and that upon receipt of such request you shall immediately remove such link and cease any linking unless separately and expressly authorized by Colibri Solutions.

Except as set forth above, neither the Site nor any Site content may be used, reproduced, duplicated, copied, sold, resold, accessed, modified or otherwise exploited without our express consent.

Prohibited Uses

By using the Site, you agree, acknowledge and confirm that you will not use the Site in any malicious or unlawful manner, including without limitation posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, or profane material, or any material that could constitute or encourage unlawful conduct.

You agree not to tamper with the software or functionality of this Site and not to introduce any material into the Site that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming viruses that may damage, interfere with, intercept or expropriate any system, data or information.

You agree to indemnify us for any loss, damages or costs, including reasonable attorney’s fees, resulting from your use of software, robots, spiders, crawlers or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Termination of Licenses and Use

Any unauthorized uses by you of the Site, content or licenses granted herein shall automatically terminate the limited licenses set forth herein without prejudice to any other remedy provided by law or these Terms and Conditions.

Idea Suggestions

Colibri Solutions welcomes your comments and suggestions abut the Site and our products, but we do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing or marketing our products or any new products.  Therefore, any information that you send or submit to Colibri Solutions shall be deemed non-confidential, non-proprietary and assigned to Colibri Solutions.  Colibri Solutions shall be free to use any ideas, concepts or techniques contained in your comments or suggestions in developing, manufacturing and marketing products for any purpose.  By submitting comments or suggestions, you warrant that Colibri Solutions may publish same without liability or compensation to you, subject to the terms of our Privacy Policy.

Modification

Colibri Solutions may modify these Terms and Conditions at any time.  The amended terms will be effective upon posting on the Site.  Your continued use of the Site constitutes your agreement to such amended terms and your agreement to be bound thereby.

Applicable Law

Any dispute arising out of your use of the Site or its content shall be resolved according to the laws of the State of Nevada, United States of America, without regard to principles of conflicts of law.  The Federal and State courts of Nevada shall have exclusive jurisdiction over all claims.  Notwithstanding the foregoing, to the extent that you have in any manner violated or threaten to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to jurisdiction and venue in any such court for such purposes.

General

We always attempt to be as accurate as possible when describing our products and services on the Site.  However, to the extent permitted by law, we do not warrant that the product descriptions, colors, information or other content on the Site are accurate, complete, current or error free.

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site.  Links appearing on the Site are for convenience only and are not an endorsement by us of the referenced content, products or services.  We encourage you to carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.  We expressly disclaim responsibility or liability arising from any off-website content or links to the Site.

Representations, Warranties and Limitation of Liability

COLIBRI SOLUTIONS USES REASONABLE SAFEGUARDS TO ENSURE SAFE, UNINTERRUPTED SERVICE.  HOWEVER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SITE AND THE MATERIAL AND INFORMATION PROVIDED ON THE SITE ARE PRESENTED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED.  YOUR USE OF THE SITE AND MATERIAL FROM THE SITE IS AT YOUR OWN RISK.  NEITHER COLIBRI SOLUTIONS NOR ANY OF ITS AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING FROM ANY DAMAGE TO YOU, YOUR COMPUTER OR YOUR OTHER PROPERTY DUE TO ACCESS TO, USE OF, OR DOWNLOADING OF THE SITE OR ANY MATERIALS PROVIDED ON OR THROUGH THE SITE.

CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Please feel free to contact us if you have questions or comments about these Terms and Conditions.

Effective Date:  January 1, 2010

© Colibri Solutions.  All rights reserved.