Updated August 1, 2017
(“you,” “your”) and United POS Solutions, Inc. (“UP Solution,” “we,” “us,” “our”),
regarding your use of this web site (the “UP Solution Web site”). You should print
and we have no obligation to notify you directly but will instead post any such
updates and amendments to this web page.
us from time to time. Furthermore, when you access the UP Solution Web site, you
specifically acknowledge your agreement with the most current version of these Terms
We reserve the right, at our discretion, to change, modify, add, or remove any portion
for changes. Your continued use of the UP Solution Web site after the posting of
We reserve the right, at our discretion, to change, modify, add, or remove any portion
for changes. Your continued use of the Up Solution Web site after the posting of
4. OWNERSHIP OF CONTENT.
The UP Solution Web site and the content accessible through the UP Solution Web
site, and all
intellectual property rights included in or associated with the UP Solution Web
site, including but not limited to patents, copyrights, trademarks and service marks,
including without limitation UP Solution (collectively, “Content”), are owned or
licensed by us, and all right, title and interest in and to the UP Solution Web
site and Content remains with UP Solution. Except as may occur when material is
downloaded to your computer in the ordinary course of accessing the UP Solution
Web site, material from the UP Solution Web site may not be copied, distributed,
re-published, uploaded, posted, modified, reverse engineered, or transmitted in
any manner without our prior written consent. Certain Content may be licensed from
third parties and all such third-party content and intellectual property rights
(including any trademarks or service marks) related to such content belong to the
respective third parties. In all events, you may not remove any copyright, trademark
or other intellectual property or proprietary notice or legend contained on the
UP Solution Web site or in the Content.
5. DISCLAIMER OF WARRANTIES.
BY USING THE UP SOLUTION WEB SITE, YOU AGREE THAT YOU RECEIVE THE UP SOLUTION WEB
SITE AT YOUR OWN RISK. THE UP SOLUTION WEB SITE IS PROVIDED “AS IS,” WHERE IS, WITH
ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR
STATUTORY. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND
EFFORTS IS WITH YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS
FOR PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE,
THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE UP SOLUTION
WEB SITE OR AGAINST INFRINGEMENT. We do not guarantee uninterrupted or secure access
to the UP Solution Web site, that defects will be corrected, or that the UP Solution
Web site or the servers that make it available are free of viruses or other harmful
6. LIMITATION OF LIABILITY.
We are a service provider; we are not responsible for any loss or injury whatsoever
due to the
use of the UP Solution Web site, the Content or other information published through
the UP Solution Web site. The UP Solution Web site may be unavailable due to maintenance
or other reasons and we will have no liability for any such unavailability. We will
also not have any liability for any loss of data, degraded data, old or out-dated
data, or errors in data resulting from non-deliveries, mis-deliveries or service
interruptions caused by us, any third-party acts or any other web host provider
or the Internet infrastructure and network external to the UP Solution Web site.
and to the benefit of our affiliates, and to all of our respective shareholders,
officers, directors, employees, attorneys and agents.
IN NO EVENT SHALL UP SOLUTION BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS
OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $100.00.
Some jurisdictions do not allow excluding or limiting implied warranties or limiting
liability for incidental or consequential damages, and some jurisdictions have special
statutory consumer protection provisions which may supersede the foregoing disclaimers
and limitations. As a result, these disclaimers and/or limitations may not apply
to you if prohibited by law.
your access to the UP Solution Web site immediately and without prior notice, and
you agree that we shall not be liable to you or any third-party for any such termination.
8. PROHIBITED ACTIVITIES.
You may not use any device, software or routine, including but not limited to any
horses, worms, time bombs or other malicious code, intended to damage or interfere
with the proper working of the UP Solution Web site or to surreptitiously intercept
or expropriate any system, data or personal information from the UP Solution Web
site. You may not take any action which imposes an unreasonable or disproportionately
large load on our infrastructure, including but not limited to denial of service
attacks, “spam” or any other such unsolicited overload technique. You may not use
the UP Solution Web site as a service bureau for third parties.
9. LINKING AND THIRD-PARTY CONTENT.
The UP Solution Web site may contain links to third-party web sites not under our
operation. We provide any such links only as a convenience and do not endorse and
are not responsible for the contents of any linked site or any link contained in
a linked site. Use of any third-party content contained on or accessed from the
UP Solution Web site may be conditioned upon terms and conditions as provided by
such third-party providers.
10. LAWS AND REGULATIONS.
You must comply with all applicable laws, statutes and regulations regarding: (i)
use of the
UP Solution Web site and (ii) release of information to and retrieval of information
from the UP Solution Web site.
You agree to indemnify, defend and hold us harmless from and against any and all
actions, costs, liabilities, losses and damages of any kind (including attorneys'
fees) resulting from: (i) your use of the UP Solution Web site; (ii) your breach
originality or copyright of any submission to UP Solution; and/or (iv) any intentional
wrongdoing by you.
You will not have the right to assign or transfer your rights under these Terms
of Use to any
other person or entity without our prior written consent, which consent may be withheld
for any reason or for no reason. Furthermore, you acknowledge and agree that your
access to and use of the UP Solution Web site may not be sublicensed or otherwise
transferred voluntarily or by operation of law to any third party. Any attempted
assignment, license, sublicense or transfer by you, whether voluntary or involuntary,
13. GOVERNING LAW, ARBITRATION AND JURISDICTION.
You recognize that although the Internet can be accessed from anywhere in the world,
Solution Web site is located in the State of New Jersey, United States of America,
and that when you access the UP Solution Web site, you are doing so in the State
and construed in accordance with the internal substantive laws of the State of New
Jersey without giving effect to any principles of conflict of law and the federal
laws of the United States of America. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR
RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION
ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION
RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN
ANY COURT HAVING JURISDICTION THEREOF. YOU FURTHER AGREE THAT ANY ARBITRATION ACTION
WEB SITE SHALL BE FILED ONLY IN BERGEN COUNTY, NEW JERSEY, AND YOU HEREBY CONSENT
AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN BERGEN COUNTY, NEW
the UP Solution Web site constitutes your acceptance to any changes to the Privacy
Headings are for reference purposes only. Our failure to exercise or enforce any
right or provision
not affect the validity and enforceability of any remaining provisions. Recognizing
the global nature of the Internet, you agree to comply with all local rules regarding
online conduct and acceptable materials. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical or other data exported
any web pages or other documents incorporated by reference, set forth the entire
understanding and agreement between us with respect to the subject matter hereof.
BY USING THE UP SOLUTION WEB SITE AND/OR ACKNOWLEDGING ACCEPTANCE OF THESE TERMS
OF USE AT VARIOUS TIMES ON THE UP SOLUTION WEB SITE OR AS OTHERWISE SET FORTH HEREIN,
Web site, please contact us by email at firstname.lastname@example.org.