Terms and conditions
Please read the following terms and conditions of use (the "Terms and Conditions"), which govern your use of the websites located at http://www.upandrunningsoftware.com (referred to herein as the "Website"), including all links, domains, and other means of accessing content associated with this site, and your relationship with Up and Running, Inc. and all individuals and companies associated with these websites (collectively referred to as “Up and Running" or “We" or "Our" or "Up and Running"). If you do not agree to these Terms and Conditions, please do not use our Websites. We may change the Terms and Conditions from time to time and at any time without notice to you by posting such changes on the Websites. By using the Website following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
Use of the Website constitutes your acceptance of the Terms and Conditions.
General Terms and Conditions
By using the Websites, including any software and content contained therein, you agree that use of the Websites is entirely at your own risk. The Websites are provided to you as convenience to provide general information about the services available from Up and Running, but we do not guarantee the accuracy or completeness of the information. THE WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, Up and Running, INC. DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, and WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER Up and Running, INC.NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Up and Running, INC., ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Up and Running, or one of its customers, clients, or affiliates, is the owner and/or authorized user of any trademark, registered trademark, and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website, unless otherwise indicated. Customer logos owned by respective owners. Presence does not indicate a partnership or endorsement. Customers were served directly, or served through collaboration with other firms. Up and Running does not grant to you a license to any content, features, or materials you may access on the Website. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions for any purpose. You may, however, print a copy of the information on the Website solely for your personal use or records. If you make other use of the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material, or any other intellectual property, by including them on the Websites.
We reserve the right to change any information on the Websites, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within the Websites may provide you with access to other websites, for which we assume no responsibility of any kind for the content, availability, or otherwise.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, and appropriate data communications equipment.
In consideration of your use of the Website, you agree that you are at least eighteen (18) years of age, and you agree: (a) to provide true, accurate, current, and complete information about yourself as prompted by the registration form (if you complete it, which is optional), and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Websites.
User Conduct on the Website
You agree NOT to:
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material obtained through the Website, which is protected by copyright, other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder, or
- Upload, post, publish, reproduce, transmit or distribute in any way any component of the Websites itself or derivative works with respect thereto, as the Websites is copyrighted as a collective work under U.S. copyright laws, or
- Upload, post, publish, or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national, or foreign law, including without limitation the U.S. export laws and regulations, or
- Upload, post, publish, transmit, reproduce, distribute, or in any way exploit any information, software or other material obtained through the Websites for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material), or
- Restrict or inhibit any other user from using and enjoying the Websites, or
- Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by the Website), or engage in spamming or flooding, or
- Impersonate any other person or entity, or misrepresent your affiliation with any other person or entity, or
- Post or transmit any information or software that contains a virus, Trojan horse, worm or other harmful component.
We have no obligation to monitor the Websites. You acknowledge and agree, however, that we do retain the right to monitor the Website, and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Websites properly, or to protect itself or its subscribers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate, or in violation of these Terms and Conditions.
All information submitted to the Website shall be deemed and remain the property of Up and Running, and we shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques contained in information any user provides to the Website. We shall not be subject to any obligations of confidentiality regarding submitted information.
Links from and to the Website
You acknowledge and agree that Up and Running and any of its business affiliates or customers have no responsibility for the accuracy or availability of information provided by linked websites. Links to external websites do not constitute an endorsement by Up and Running or its business affiliates or customers of the sponsors of such sites or the content, products, advertising, or other materials presented on such sites. We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on such external sites or resources.
You acknowledge and agree that we may deny you access to all or part of the Websites without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of Up and Running, or is otherwise inappropriate for continued access.
You agree to defend, indemnify and hold Up and Running and its affiliates harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of the Websites or the placement or transmission of any message, information, software, or other materials through the Website by you or users of your account or related to any violation of these Terms and Conditions.
The Terms and Conditions and the relationship between you and Up and Running shall be governed by the laws of the State of Michigan, without regard to its conflict of law provisions. You and Up and Running each agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Michigan. The parties agree that the venue of any litigation arising in connection with this Agreement shall be in Houghton County, Michigan.
The failure of Up and Running to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms and Conditions must be filed within one (1) week after such claim or cause of action arose or be forever barred.
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