Site Usage
Your use of this web site constitutes your agreement
with Ultratress to be bound by, and to act in accordance with,
these Terms of Use. We may change or revise these Terms of Use from
time to time by updating this posting, so please visit this area each
time you visit the web site to keep up to date with the current terms
regarding your use of the web site. Your use of the web site reaffirms
your continuing agreement to the then-current Terms of Use.
Use of Site Materials
Ultratress owns the copyright for all of
the material on the web site or has a valid right from a third party to
use material on the web site. Ultratress also owns or has a valid
right to use all trademarks, service marks, and trade names used on this
web site. No part of the web site may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, except that you
may download one copy of the materials on any single computer for your
personal, non-commercial home use only, provided you keep intact all copyright,
trademark and other proprietary notices on the materials. Any modification
of the materials or use of the materials for any other purpose is a violation
of Ultratress's copyright and other proprietary rights. The
use of any such material on any other web site or computer network without
Ultratress's written consent is strictly prohibited. Your
use of the trademarks, service marks and trade names on this web
site in any manner other than as authorized in these terms
and conditions, or as authorized in writing by Ultratress, is strictly prohibited.
Contents of the Web Site - Disclaimer The materials in this web
site (including any graphics, software, recommendations or other materials)
and any materials made available through this web site are provided "as
is" and without warranties of any kind, either express or implied.
To the fullest extent permissible pursuant to applicable law,
Ultratress disclaims all warranties, express or implied, including, but
not limited to, all implied warranties of merchantability, fitness for
a particular purpose, title and non-infringement. Ultratress does not warrant
or make any representations regarding the use or the results of the use
of the materials in this web site in terms of their correctness, accuracy,
reliability, or otherwise. The materials in this web site could include
technical inaccuracies or typographical errors. These materials could be
inaccurate or become inaccurate as a result of developments occurring after
their respective dates. Ultratress undertakes no obligation to verify or
maintain the currency of such information.
Certain links in this web site may link you to other sites
on the worldwide web. The linked sites may not be under the control of
Ultratress and Ultratress is in any event not responsible for the contents
of any linked site or any link contained in a linked site, or any changes
or updates to such sites. Ultratress is not responsible for webcasting or
any other form of transmission received from any linked site. Ultratress
is providing these links to you only as a convenience, and the inclusion
of any link does not imply a referral by Ultratress to, or an endorsement
by Ultratress of, the linked site or any products or services which may
be offered there.
Operation of the Web Site - Disclaimer Under no circumstances
shall Ultratress be liable for any damages or injury, including
any direct, special, incidental, consequential, punitive or other damages,
that may result from the use of, or the inability to use, the web site
or any materials in this site, whether in an action of contract, negligence
or other tortious action, arising out of or in connection with the use
or performance of the web site or information available in the web site.
Ultratress shall not be liable even if Ultratress or a Ultratress authorized
representative has been advised of the possibility of such damages. These
include but are not limited to damages or injury caused by error, omission,
interruption, defect, failure of performance, delay in operation or transmission,
line failure or computer virus, worm, trojan horse or other harmful component.
Limitation of Liability Ultratress endeavors to maintain this web
site and its operation, but is not, and cannot be, responsible
for the results of any defects that may exist in the web site or its operation.
As to the operation of the web site, Ultratress expressly disclaims
all warranties of any kind, whether express or implied, including, but
not limited to all implied warranties of merchantability or fitness for
a particular purpose, title and non-infringement. Ultratress makes no warranty
that (i) the operation of the web site will meet the user's requirements;
(ii) access to the web site will be uninterrupted, timely, secure, free
of viruses, worms, trojan horses or other harmful components, or free of
defects or errors; (iii) the results that may be obtained from the use
of the web site will be accurate or reliable; or (iv) defects will be corrected.
You (and not Ultratress) assume the entire cost of all servicing, repair,
or correction that may be necessary for your computer equipment and software
as a result of any viruses, errors or any other problems whatsoever
you may have as a result of visiting this web site.
Applicable law may not allow the exclusion of certain warranties
or the limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations or exclusions may not
apply to you. However, in no event shall Ultratress's total liability to
you for damages, losses, and causes of action (whether in contract, tort
(including, but not limited to, negligence, or otherwise) exceed the amount
paid by you, if any, for accessing this site.
Downloaded Software If you download software from this web site,
the software and all files, images and data relating to the software will
be licensed to you by Ultratress. You do not own the downloaded software,
and Ultratress does not transfer ownership of the Software to you. Ultratress
retains full ownership of and title to the downloaded software and all
intellectual property rights related to the software. You
may not redistribute, sell, decompile, reverse engineer, disassemble, or
otherwise reduce the software to a human-perceivable form. Software
that is downloaded from this web site is subject to United States export
control laws. If you download software from this web site, you represent
and warrant to Ultratress that you are not acting in violation
of those laws.
Submissions All comments, suggestions, graphics, ideas (including
product and advertising ideas), and other information or materials you
submit to Ultratress through this web site will become and remain the exclusive
property of Ultratress, including any future rights associated with
such submissions, even if these Terms of Use are later modified or terminated.
This means that you disclaim any proprietary rights in such submissions,
and you acknowledge Ultratress's unrestricted right to use them (or
materials or ideas similar to them) in any medium, now and
in the future, without notice, compensation or other obligation to you
or any other person. It also means Ultratress has no obligation to keep
your submissions confidential.
Geographic Scope of Site Ultratress controls and operates this
web site from within the United States of America. Unless otherwise
specified on or by this web site, this web site is intended to promote
only those Ultratress products that are sold by Ultratress in the United
States and its territories, and Ultratress makes no representation that
materials in this web site or the products described thereby are appropriate
or available for use in other locations. All visitors to this web
site are responsible for compliance with all local laws applicable
to them with respect to the content and operation of this web site.
Links to Other Sites For your convenience and enjoyment, this
web site may provide links to other web sites on the World Wide Web that
are not operated by Ultratress. These links do not mean that Ultratress
endorses, approves or sponsors any information available at
the linked site or any products that may be sold there, nor is Ultratress
liable for any damage that might result from your use of such information
or products.
Under no circumstances shall Ultratress be liable for any damages
or injury, including any direct, special, incidental, consequential, punitive
or other damages, that may result from the use of, or the inability to
use, the web site or any materials in this site, whether in an action of
contract, negligence or other tortious action, arising out of or in connection
with the use or performance of the web site or information available in
the web site. Ultratress shall not be liable even if Ultratress or a Ultratress
authorized representative has been advised of the possibility of such damages.
These include but are not limited to damages or injury caused by error,
omission, interruption, defect, failure of performance, delay in operation
or transmission, line failure or computer virus, worm, trojan horse or
other harmful component.
Postings Ultratress may from time to time monitor or review discussions,
chats, postings, and other transmissions on this web site. However, Ultratress
is under no obligation to do so and assumes no responsibility or liability
arising from the content of any such transmissions or for any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography, profanity,
danger, illegality or inaccuracy contained in any information transmitted
to any such locations on this web site. You may not post or transmit any
unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offense, give
rise to civil liability, or otherwise violate any law. Ultratress will fully
cooperate with any law enforcement authorities or court order requesting
or directing Ultratress to disclose the identity of anyone posting any such
information or materials. Ultratress may also disclose such information
if it has a good faith belief that such disclosure is reasonably
necessary to protect the rights, property, or personal safety of Ultratress,
its customers or the public.
Availability of Help This web site may provide a Help file or
other instructions for the use of this site. However, you understand
that Ultratress is under no obligation to provide any support
for the use of the web site.
Applicable Law; Jurisdiction
These Terms of Use and any disputes
arising under or related to these Terms of Use (whether for
breach of contract, tortious conduct or otherwise) will be
governed by the laws of the State of Florida, without reference
to its conflicts of law principles. Any legal actions, suits
or proceedings arising out of these Terms of Use (whether
for breach of contract, tortious conduct or otherwise) will
be brought exclusively in the state courts of Florida and
you hereby accept and submit to the personal jurisdiction
of these Florida courts with respect to any legal actions,
suits or proceedings arising out of these Terms of Use. You
also waive to the fullest extent permitted by law any right
to a trial by jury in any action, suit or proceeding brought
to enforce, defend or interpret any right or remedies under,
or arising in connection with or relating to, these Terms
of Use.
Severability If any provision of these Terms of Use shall be found
to be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these terms and conditions
and shall not affect the validity and enforceability of any remaining provisions.
No Waiver No failure on the part of Ultratress to enforce any part
of these Terms of Use shall constitute a waiver of any of Ultratress's rights
under these Terms of Use whether for past or future actions on the part
of any person. Neither the receipt of any funds by Ultratress nor
the reliance of any person on Ultratress's actions shall be deemed to constitute
a waiver of any part of these Terms of Use. Only a specific, written
waiver signed by an authorized representative of Ultratress
shall have any legal effect whatsoever.
No Legal Effect The paragraph titles in these Terms of Use are
for convenience only and have no legal or contractual effect.
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