Terms of Use

The Upsite Technologies web site has been made available to you subject to your compliance with the terms and conditions set forth below (the “Conditions of Use”). Please read this document carefully before agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you may not access or use this web site.

Upsite Technologies reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. Your continued access of this web site shall be deemed your conclusive acceptance of the modified agreement. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the Upsite Technologies web site.

Privacy:

Please review our Privacy Policy, which also governs your visit to Upsite Technologies Website, to understand our practices regarding the use and disclosure of your personal information.

Registration and Account Creation:

As part of the registration and account creation process required to obtain access to some features of the Upsite Technologies Web site, you will select a member ID (username) and a password. You will provide Upsite Technologies with certain registration information, all of which must be accurate and updated. You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your Upsite Technologies account including, but not limited to, use of the account by any person authorized by you to use your member ID and password.

Links:

Linked Web sites are not under the control of Upsite Technologies, and because Upsite Technologies has no control over such sites and resources, you acknowledge and agree that Upsite Technologies is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Upsite Technologies 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 of or reliance on any such content, goods or services available on or through any such site or resource.

Copyright and Licenses:

The entire contents of this Web site including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements are the property of Upsite Technologies, its collaborators, or its clients and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Web site contents without the prior expressed written consent of Upsite Technologies. You may print or download portions of the materials from various areas of this Web site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our Web site constitutes a copyright infringement of another parties rights, please contact us immediately at support@upsite.com.

License and Web Site Access:

Upsite Technologies grants you limited license to access and make personal use of this Web site and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of Upsite Technologies. This Web site or any portion of this Web site may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Upsite Technologies. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of Upsite Technologies without the express written consent of Upsite Technologies. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Upsite Technologies so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. It is further understood and agreed that Upsite Technologies cannot and does not guarantee or warrant that files made available for downloading through the Upsite Technologies Web site will be free of infection or viruses, worms, Trojan Horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through the Upsite Technologies Web site are free from such contaminations.

Disclaimer of Warranty/Limitation of Liability/Exclusions and Limitations:

THIS WEB SITE AND RELATED INFORMATION IS PROVIDED BY Upsite Technologies ON AN “AS IS” AND “AS AVAILABLE” BASIS. Upsite Technologies MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Upsite Technologies DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Upsite Technologies DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM Upsite Technologies ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Upsite Technologies WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Upsite Technologies USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEB SITE. Upsite Technologies ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, Upsite Technologies SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.

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

Applicable Law:

This agreement will be governed by the laws of the State of New Mexico. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of New Mexico and you agree to personal jurisdiction by the state and federal courts sitting in Albuquerque, New Mexico. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.

Indemnification:

You agree to indemnify, defend and hold Upsite Technologies harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the Upsite Technologies Web site.

Other Provisions:

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.