As used in this article 1, unless the context otherwise
requires:
(1) Advertisement includes the attempt by publication, dissemination,
solicitation, or circulation, visual, oral, or written, to induce directly or indirectly any
person to enter into any obligation or to acquire any title or interest in any property.
(2) Article means a product as distinguished from a trademark, label, or
distinctive dress in packaging.
(2.5) Business day means any calendar day except Sunday, New Year's
day, the third Monday in January observed as the birthday of Dr. Martin Luther King,
Jr., Washington-Lincoln day, Memorial day, Juneteenth, Independence day, Labor
day, Frances Xavier Cabrini day, Veterans' day, Thanksgiving, and Christmas.
(2.7) Buyers' club means any person engaged in advertising or selling
memberships that provide an exclusive right to members to purchase goods, food,
services, or property at purported discount prices.
(3) Certification mark means a mark used in connection with the goods or
services of a person other than the certifier to indicate geographic origin, material,
mode of manufacture, quality, accuracy, or other characteristics of the goods or
services or to indicate that the work or labor on the goods or services was
performed by members of a union or other organization.
(4) Collective mark means a mark used by members of a cooperative,
association, or other collective group or organization to identify goods or services
and distinguish them from those of others, or to indicate membership in the
collective group or organization.
(4.1) Dance studio means any person engaged in the advertisement or sale
of dance studio services.
(4.2) Dance studio services means instruction, training, or assistance in
dancing; the use of dance studio facilities; membership in any group, club, or
association formed by a dance studio; and participation in dance competitions,
dance showcases, trips, tours, parties, and other organized events and related
travel arrangements.
(4.3) Discount health plan means a program evidenced by a membership
agreement, contract, card, certificate, device, or mechanism, which offers health-care services, as defined in section 10-16-102 (33), C.R.S., or related products
including, but not limited to, prescription drugs and medical equipment, at
purported discounted rates from health-care providers advertised as participating
in the program. A discount health plan does not include a program in which a
participating provider has agreed, as a condition of his or her participation in the
program, to negotiate the prices to be charged for his or her services directly with
consumers in the program and the provider is not required to offer discounted
prices for his or her services as part of the program.
(4.4) Elderly person means a person sixty years of age or older.
(4.5) Food means any raw, cooked, or processed edible substance,
beverage, or ingredient used or intended for use or for sale in whole or part for
human consumption.
(4.6) Health club means an establishment which provides health club
services or facilities which purport to improve or maintain the user's physical
condition or appearance through exercise. The term may include, but shall not be
limited to, a spa, exercise club, exercise gym, health studio, or playing courts. The
term shall not apply to any of the following:
(a) Any establishment operated by a nonprofit organization or public or
private school, college, or university;
(b) Any establishment operated by the federal government, the state of
Colorado, or any of the state's political subdivisions;
(c) Any establishment which does not provide health club services or
facilities as its primary purpose or business; or
(d) Health-care facilities licensed or certified by the department of public
health and environment pursuant to its authority under section 25-1.5-103, C.R.S.
(4.7) Health club facilities means equipment, physical structures, and other
tangible property utilized by a health club to conduct its business. The term may
include, but shall not be limited to, saunas, whirlpool baths, gymnasiums, running
tracks, playing courts, swimming pools, shower areas, and exercise equipment.
(4.8) Health club services means services, privileges, or rights offered for
sale or provided by a health club.
(4.9) Manufactured home shall have the same meaning as set forth in
section 42-1-102 (48.8).
(5) Mark means a word, name, symbol, device, or any combination thereof
in any form or arrangement.
(5.5) Motor vehicle has the same meaning as set forth in section 44-20-102.
(6) Person means an individual, corporation, business trust, estate, trust,
partnership, unincorporated association, or two or more thereof having a joint or
common interest, or any other legal or commercial entity.
(7) Promoting a pyramid promotional scheme means inducing one or more
other persons to become participants, or attempting to so induce, or assisting
another in promoting a pyramid promotional scheme by means of references or
otherwise.
(8) Property means any real or personal property, or both real and personal
property, intangible property, or services.
(9) Pyramid promotional scheme means any program utilizing a pyramid or
chain process by which a participant in the program gives a valuable consideration
in excess of fifty dollars for the opportunity or right to receive compensation or
other things of value in return for inducing other persons to become participants for
the purpose of gaining new participants in the program. Ordinary sales of goods or
services to persons who are not purchasing in order to participate in such a scheme
are not within this definition.
(9.5) Resale time share means a time share, including all or substantially
all ownership, rights, or interests associated with the time share:
(a) That has been acquired previously for personal, family, or household use;
and
(b) (I) That is owned by a Colorado resident; or
(II) The accommodations and other facilities of which are available for use
through the time share and are primarily located in Colorado.
(10) Sale means any sale, offer for sale, or attempt to sell any product,
good, or property for any consideration.
(11) Service mark means a mark used by a person to identify services and to
distinguish them from the services of others.
(11.2) Repealed.
(11.5) Time share means a time share estate, as defined in section 38-33-110 (5), a time share use, as defined in section 12-10-501 (4), or any campground or
recreational membership that does not constitute the transfer of an interest in real
property.
(11.7) (a) Time share resale entity means any person who, either directly or
indirectly, engages in a time share resale service.
(b) Time share resale entity does not include:
(I) The developer, association of time share owners, or other person
responsible for managing or operating the plan or arrangement by which the rights
or interests associated with a resale time share are utilized, but only to the extent
the resale time share is part of an existing plan or arrangement managed by that
developer, association, or person;
(II) Attorneys, title agents, title companies, or escrow companies providing
closing, settlement, or other transaction services as long as the services are
provided in the normal course of business in supporting a conveyance of title or in
issuing title insurance products in a time share resale transaction. To the extent the
attorney, title agent, title company, or escrow company is engaged in providing
services or products that are outside the normal course of business in supporting a
conveyance of title or in issuing title insurance products or has an affiliated
business arrangement with a party to a time share resale transaction, this
exemption does not apply.
(III) Real estate brokers operating within the scope of activities specified in
section 12-10-201 (6) with respect to a time share resale transaction as long as the
real estate broker does not collect a fee in advance. To the extent a real estate
broker is engaged in activities outside the scope of activities specified in section 12-10-201 (6), collects an advance fee, or has an affiliated business arrangement with a
party to a time share resale transaction, this exemption does not apply.
(11.8) Time share resale service means any of the following activities,
engaged in directly or indirectly and for consideration, regardless of whether
performed in person, by mail, by telephone, or by any other mode of internet or
electronic communication, unless performed by a person or entity that, pursuant to
paragraph (b) of subsection (11.7) of this section, is exempted:
(a) The sale, rental, listing, or advertising of, or an offer to sell, rent, list, or
advertise, any resale time share;
(b) The purchase or offer to purchase any resale time share;
(c) The transfer or offer to assist in the transfer of any resale time share; or
(d) The invalidation or an offer to invalidate the purchase or ownership of any
resale time share or the purchase of any time share resale service.
(11.9) (a) Time share resale transfer agreement means a contract between
a time share resale entity and the owner of a resale time share in which the time
share resale entity agrees to transfer, or offers to assist in the transfer, of all or
substantially all of the rights or interests in a resale time share on behalf of the
owner of the resale time share.
(b) (I) Time share resale transfer agreement does not include a contract to
sell, rent, list, advertise, purchase, or transfer a resale time share if the owner of the
resale time share:
(A) Upon entering the contract, reasonably expects to receive consideration
in exchange for the resale time share; and
(B) Upon the actual sale, rental, or transfer of the time share, receives
consideration.
(II) For purposes of this subsection (11.9), a transfer of the resale time share
does not, by itself, constitute consideration.
(12) Trademark means a mark used by a person to identify goods and to
distinguish them from the goods of others.
(13) Trade name means a word, name, symbol, device, or any combination
thereof in any form or arrangement used by a person to identify his business,
vocation, or occupation, and to distinguish it from the business, vocation, or
occupation of others.
(13.5) Unavoidable delay means inclement weather and other events
outside the control of the buyer or seller.
(14) Used motor vehicle shall have the same meaning as set forth in section
42-6-201 (8), C.R.S.