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Introduction
The UPSHOT Terms and Conditions of Use are designed to preserve trust among users of UPSHOT.
Each user of our site must accept these rules:
Each UPSHOT user, in order to use our services, must be a person at least 18 years of age or a legal entity and a
resident of the United States. By becoming a user, you certify that you meet these requirements.
If you do not meet these requirements, please do not use our services.
By using our site, you accept these Terms and Conditions of Use and promise to follow the rules described here.
If you have any questions, please contact UPSHOT at maxcoats@upshotmail.com
Electronic communications
When you use our site, you agree that you will not interfere with UPSHOT’s electronic communications services.
Specifically, you agree that you will not:
 Impose an unreasonably or disproportionately large load on our system
Put any material into the system which contains any viruses, Trojan horses, worms, time bombs,
cancelbots, or other computer programming routines that may damage, interfere with, surreptitiously intercept,
or expropriate any system, data, or personal information
Use any device, software, or routine to interfere or attempt to interfere with the proper working
of the UPSHOT website
Use the UPSHOT website for any illegal purpose
Harvest or collect any information of other users without a user’s specific consent or republish,
reproduce or distribute any information provided on UPSHOT or any e-mail or communication by or among you and
other users or users.
Impersonate any person or entity or misrepresent your affiliation with a person or entity or
communicate under a false name or email address or a name or email address you are not authorized to use
Act in a way that negatively affects other users
You further agree that UPSHOT may employ virus-checking technology and may block or filter any mass emails.
Except as otherwise specifically provided on this website, all comments, data, content, suggestions, ideas, concepts or other information
you disclose or offer to UPSHOT by or through this website shall be deemed and remain the property of UPSHOT. UPSHOT will only use such information in accordance with our Privacy Policy.
We hereby incorporate our Privacy Policy by reference.
Terms and Conditions and Privacy Policies on sites of affiliates may vary. You must read the policies on each site.
Security
UPSHOT relies largely on electronic communication methods, including email, and electronic data transmission.
UPSHOT carefully guards the security of these communications by using firewall technology, but cannot guarantee
complete security. As a user of UPSHOT, you acknowledge and agree to the following:
All data, including email, electronic communications, and personal data, when transmitted via the
Internet, network communication facilities, telephone, or any other electronic means, may be accessed by unauthorized
third parties
UPSHOT is not responsible for notifying you of any upgrades, fixes, or enhancements to any data
protection software or for any compromises of data transmitted across computer networks or telecommunications
facilities, including, but not limited to, the Internet
You shall be solely liable for any breach of confidentiality regarding the information you provide to UPSHOT.
You shall be liable for any unauthorized use of this website until you deliver written notice thereof to UPSHOT.
Content
Your communications with UPSHOT may be subject to disclosure by UPSHOT.
UPSHOT does not usually disclose information about users or user communications unless we
believe that it is necessary or appropriate to:
Comply with applicable law or valid legal processes
Protect the rights, reputation, or property of UPSHOT or third parties
Protect the physical safety of an individual
Investigate a violation of these Terms and Conditions of Use.
Any information you provide to UPSHOT becomes the sole property of UPSHOT. UPSHOT may disclose your
electronic communications to the same extent that we may disclose other information about you.
UPSHOT shall not be liable for any costs, damages, expenses, or any other liabilities you incur as a result
of such disclosures. UPSHOT is entitled, but not obligated, to review or retain your electronic communications
for monitoring the quality of service you receive, your compliance with these Terms and Conditions of Use, and
the security of our services, among other things.
You warrant that any and all information provided by you to UPSHOT is accurate and complete,
and you shall update the information you provided as necessary to keep it accurate and complete.
Email
With respect to UPSHOT’s electronic services, including email, you agree to:
Provide UPSHOT with your email address
Notify us promptly of any changes to your email address
Accept electronic communications from UPSHOT at the email address you specify
You agree that any change of electronic or postal address that you submit will be
effective two (2) business days after receipt by UPSHOT
General
Discontinuation of use of our site
This is your sole right and remedy for any dissatisfaction with UPSHOT or its policies and practices.
UPSHOT reserves the right to terminate your right to use this site and/or your access to all or part of our services at our sole discretion, without notice, for any reason whatsoever, including but not limited to breach of any agreements with UPSHOT, including these Terms and Conditions of Use.
Following any such termination, you agree to continue to be bound hereunder to the extent applicable. Any provisions in these Terms and Conditions of Use covering limitation of UPSHOT’s liability and users’ indemnification of UPSHOT continue in effect beyond the termination of your use of the site.
UPSHOT may amend, add to, delete or change these Terms and Conditions of Use, its Privacy Policy or its services at any time by posting such amended terms on this site. Such changes will be effective twenty-four (24) hours after they are posted. If a change is not acceptable, you may discontinue your use of UPSHOT. Your continued use of the website will be deemed your agreement to any such changes or modifications in the Terms and Conditions of Use or Privacy Policy. These Terms and Conditions of Use may not be otherwise changed except in writing by UPSHOT and you.
UPSHOT grants users a nontransferable, nonexclusive right and license to access and use the website for their own internal use.
As a user in UPSHOT, you acknowledge and agree that:
These Terms and Conditions of Use are governed by the laws of the State of
Illinois as applied to agreements entered into and performed entirely within Illinois between
Illinois residents. You agree to comply with all applicable laws, statutes, ordinances and regulations
regarding your use of our service.
Both parties submit to personal jurisdiction in Illinois and any cause of action
arising under these Terms and Conditions of Use and involving UPSHOT and/or its users will be brought
exclusively in a court in Cook County, Illinois.
If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable,
such provision will be stricken and the remaining provisions of the Terms and Conditions of Use will
continue to be enforced.
Headings in this text are for reference purposes only and in no way define, limit, construe, or
describe the scope or extent of the section in which they appear.
You agree that if you or others breach these Terms and Conditions of Use and UPSHOT fails to act on that
violation, UPSHOT retains its right to act with respect to subsequent or similar breaches.
Intellectual Property and Trademarks
All content included on the UPSHOT website, including any screens, audio clips, software,
configurations, text, compilation of content, icons, logos, images and information appearing thereon or
in connection with this website, including the name and domain UPSHOT, the UPSHOT logo and the tradename and
mark UPSHOT, (collectively, the “Protected Property”) is the property of UPSHOT or its content suppliers and
are protected by intellectual property protections, including trademark and copyright laws.
The compilation of all contents on this website is the exclusive property of UPSHOT, and is
protected by U.S. and international copyright laws.
All software used on this website is the property of UPSHOT, its subsidiaries or its
software suppliers and is protected by U.S. and international copyright laws.
The content and software on this website may be used as a resource for personal use only.
Any other use, including reproduction, modification, distribution, transmission, republication, display,
or performance of the content of this website is strictly prohibited.
UPSHOT’s trademarks may not be used in connection with any product or service
that does not belong to UPSHOT.
UPSHOT's trademarks may not be used in connection with any product or service that is likely to cause confusion among users or visitors to this site or customers or in any manner that
disparages or discredits UPSHOT or its subsidiaries.
Indemnification by Users
You hereby agree to indemnify, defend and hold UPSHOT harmless of, from and against any
claim, dispute, liability, loss, cost or expense including any personal injury arising out of or related
to: your use of this website, any breach or claimed breach by you of these Terms and Conditions,
any information supplied to UPSHOT by or through you, any misuse of any information by you or any
transaction to which you are a party, including without limitation the sale, delivery or payment for
such transaction, and any use, broadcast, dissemination, sale or publishing of any information provided by
you or other users of this website to UPSHOT.
Limitation of Liability
UPSHOT is provided on an “as-is,” “as-available” basis without warranty of any kind, either express
or implied, including without limitation, warranties of merchantability or fitness for a particular purpose.
UPSHOT has no responsibility for and makes no warranties regarding: informational content on this website or
on a linked site whether or not generated by third parties; the quality, suitability or accuracy of the
information or services provided on this website whether or not generated by third parties; the ability of a
user to deliver or pay for a product or service; or the non infringement of any intellectual property.
UPSHOT is not responsible for any warranty arrangements between the buyer and seller.
UPSHOT shall not be responsible for any claim, damages or injury caused by any performance failure,
interruption or delay in service of the services offered by this website. Neither UPSHOT nor any of its users,
officers, employees, directors, agents, contractors, affiliates, technology partners or providers or content
providers (collectively, the “Group”) shall be liable for any direct, indirect, special or consequential
damages arising out of the use of the services offered by this website or the services or products furnished by the Group. You hereby release UPSHOT and the Group from any liability for any loss, damage, expense or liability incurred by said user by reason of or related to the use of this website and/or any transaction with another user of this website and any information appearing on this website regardless of how such loss, damage, expense or liability was caused including without limitation the negligence of UPSHOT and the Group. Notwithstanding anything herein to the contrary including the limitations on liability set forth herein, each user’s recovery against UPSHOT shall be limited to any fees paid to UPSHOT resulting from such user’s use of this website.
Further, UPSHOT and its respective directors, officers, employees, consultants, agents, and representatives
will not be liable in any way for (i) any inaccuracy, error, delay in, or omission of any information or the
transmission or delivery of information, or (ii) any loss or damage arising from or occasioned by any such
inaccuracy, error, delay, omission, nonperformance, or interruption of information or service due either
to any negligent act or omission by UPSHOT or providers/transmitters of information or to any force
majeure (i.e. flood, extraordinary weather conditions, earthquake, or other acts of God; fire, war, insurrection,
riot, labor dispute, accident, action of government, communications, power failure, or equipment or software
malfunction), or any other cause beyond the reasonable control of UPSHOT or the information providers/transmitters.
Similarly, any links to third party websites are provided only as a courtesy and UPSHOT makes no representations
as to the accuracy of the information on such pages. Third party sites are solely responsible for the content therein.
Notices
Except as explicitly stated otherwise, all notices shall be given by email to
maxcoats@upshotmail.com (in the case of UPSHOT) or to the email address you provide to
UPSHOT (in your care), or such other address as the party shall specify. Notice shall be deemed given
24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested,
to any address you provide to UPSHOT. In such case, notice shall be deemed given three days after the date of mailing.
UPSHOT
5500 Cox Road, Glen Allen, VA 23060-9257
email: maxcoats@upshotmail.com
Tel: (804) 422-9630
Fax: (804) 422-9689
Entire Agreement
These Terms and Conditions of Use set forth the entire understanding and agreement
between you and UPSHOT concerning the subjects covered above. You understand and agree that
use of the services of any entities affiliated with UPSHOT will be governed by additional rules and agreements.
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