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 components.
6. LIMITATION OF LIABILITY.
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.
8. PROHIBITED ACTIVITIES.
You may not use any device, software or routine, including but not limited to any viruses, trojan 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 control or 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.
13. GOVERNING LAW, ARBITRATION AND JURISDICTION.