Terms of Service
3. ultratress.com is not Intended for Minors ultratress.com is neither intended for nor designed to be used by anyone who is less than 18 years of age. You represent that you are at least 18 years of age. We do not collect personally identifiable information from anyone we actually know is a minor under the age of 13. If we receive a complaint which states that a user is under 13 years of age, we will comply with the requirements of the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
4. HEALTH INFORMATION DISCLAIMER/ultratress.com DOES NOT PROVIDE MEDICAL ADVICE ultratress.com DOES NOT OFFER MEDICAL ADVICE. THE CONTENTS OF ultratress.com INCLUDING, BUT NOT LIMITED TO, ALL TEXT, EDITORIAL, GRAPHICS, IMAGES, DATA AND OTHER INFORMATION PROVIDED BY OR THROUGH US OR ANY OF OUR LICENSORS, LICENSEES, OR ADVERTISERS, ANY USER GENERATED CONTENT AND ANY OTHER MATERIAL FROM TIME TO TIME POSTED OR CONTAINED ON OR SERVED THROUGH ultratress.com (collectively “CONTENT”) ARE FOR GENERAL INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR A QUALIFIED AND DULY LICENSED HEALTH CARE PROVIDER WITH RESPECT TO ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON ultratress.com! Content is presented in a summary fashion and is intended to be used solely for general informational and entertainment purposes. Content is not intended to be and should not be interpreted as any kind of recommendation for any specific treatment plan, product, course of action or medical or healthcare provider. Your use of ultratress.com or any Content does not create any kind of doctor/patient relationship. Neither we nor ultratress.com offer medical advice and nothing contained on ultratress.com or in any Content is intended to constitute professional advice regarding medical diagnosis or treatment. You must not use ultratress.com or any Content to diagnose a health or fitness problem or disease or as a replacement for actual medical consultations with a qualified health care or medical professional to meet the health and medical needs of you or any other person. References to any physician, service provider organization, educational institution, organization, publication, product, service, treatment, process, or other matter by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. We expressly disclaim all responsibility for the professional qualifications and licensing of, or any services provided by, any physician or other healthcare provider, person or entity referred to on ultratress.com or on any website linking to or from ultratress.com. We do not guarantee that Content is accurate, complete or up to date. ultratress.com and its Content are offered “As Is” and without any warranties.
5. Limitations on Use All software, materials, features, functions and Content (excepting however any User Generated Content created by you) contained on or comprising ultratress.com are our copyrighted property or the copyrighted property of our third party licensors or advertisers. The names “www.ultratress.com” and “ultratress.com” and our graphics, logos, page headers, button icons, scripts, and service names are our or our affiliates’ trademarks, servicemarks, or trade dress, in the United States and/or other countries. You may not use any of the aforesaid trademarks, servicemarks, or trade dress without our prior express written permission, which permission may be withheld or conditioned in our sole and absolute discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on ultratress.com. Any third-party names, trademarks, and service marks are property of their respective owners. Title to all such materials, features, functions, Content, trademarks, servicemarks and tradedress at all times remains with us or our third party licensors (as applicable).
The Content on ultratress.com is for personal use only and not for your commercial exploitation. You may not under any circumstance decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works of or from ultratress.com, any software comprising ultratress.com, or any Content. You may not use any network monitoring or discovery software to determine the site architecture of ultratress.com, nor may you extract information about usage or users of ultratress.com. You may not use any robot, spider, other automatic device or technology, or manual process to monitor or copy ultratress.com, any software comprising ultratress.com or any Content without in each case first having obtained our express prior written permission which permission may be withheld or conditioned in our sole and absolute discretion.
The Company may change ultratress.com whether by deleting or modifying Content, features, services or otherwise, at any time in any way, for any or no reason. Except as the Company may from time to time specifically agree in writing, no part of ultratress.com or any software or Content (other than User Generated Content created by you) comprising, contained on, or served through ultratress.com may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than by the Company as part of ultratress.com. However, subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive and revocable license to view Content and where the Company intentionally configures ultratress.com to enable you to download particular Content, we grant you, subject to the terms and conditions of this Agreement, a limited, nonexclusive and revocable license to download and print one copy of such Content to a single computer for your personal, non-commercial, home use only, provided that you: (a) keep intact all our copyright and other proprietary notices, as well as all such notices of our third party licensors or advertisers, as the case may be; (b) make no modifications to any Content; and (c) do not use any Content in a manner that suggests any association with any of the Company’s products, services or brands. Any re-mailing or high volume or automated use of ultratress.com or any Content by you is prohibited and you must not copy, modify, reproduce, republish, distribute, display, transmit or otherwise use ultratress.com, Content, or any part thereof for any business, commercial or public purposes.
In the event we offer downloads of software on or through ultratress.com and you download such software, the software, including any files, images incorporated in or generated by the software and data accompanying the software (collectively “Software”) are licensed to you by us or third party licensors on a non-exclusive, limited and revocable basis for your personal, non-commercial home use only and subject to Special Terms. We do not transfer title to any Software to you. You must not distribute or otherwise exploit Software or decompile, reverse engineer, disassemble or otherwise reduce Software to a human-readable form, nor may you create derivative works of any Software. You must not use any meta tags or any other “hidden text” utilizing our name or trademarks or servicemarks without our express written permission, which permission may be withheld or conditioned in our sole and absolute discretion. No other copying, distribution, redistribution, transmission, publication or use, other than the limited non-commercial use of Content as permitted by this Agreement, is permitted without our express prior written permission, which permission may be withheld or conditioned in our sole and absolute discretion. Except for those limited licenses expressly granted in this Agreement, nothing contained in this Agreement is intended to create nor may be construed as conferring upon you any license or right, whether by implication, estoppel or otherwise, under any patent, copyright, trademark or other intellectual property rights.
Any use by you of ultratress.com Content or Software not expressly permitted by this Agreement is a breach of this Agreement and violates copyright and other laws. All rights not expressly granted herein are reserved to us and our third party licensors. In order to determine your compliance with this Agreement, we may monitor your access and use of ultratress.com.
IF YOU VIOLATE ANY PROVISION OF THIS AGREEMENT YOUR PERMISSION TO ACCESS, VIEW, DOWNLOAD AND PRINT ANY CONTENT, OR TO OTHERWISE UTILIZE ULTRATRESS.COM AUTOMATICALLY TERMINATES AND YOU MUST IMMEDIATELY DESTROY ANY COPIES YOU HAVE MADE OF ANY CONTENT OR SOFTWARE. FURTHERMORE WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO REFUSE ACCESS TO ULTRATRESS.COM OR ANY AREAS ON ULTRATRESS.COM OR ANY SERVICE, TO ANY PERSON OR ENTITY FOR ANY REASON OR FOR NO REASON WHATSOEVER.
6. Access / Interference You must not: (i) use any robot, spider, scraper, deep link or other automated data gathering or extraction tool, program, algorithm or technology to access, acquire, copy or monitor ultratress.com or any part of ultratress.com without our express prior written permission (which may be withheld or conditioned in our sole and absolute discretion); (ii) take any action that imposes, or that may in our opinion impose or threaten to impose an unreasonable or disproportionately large load on ultratress.com or any of our computers, servers, networks or other infrastructure or any part thereof; (iii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Content (except for any User Generated Content created by you) from ultratress.com without our prior written permission and the prior written permission of the appropriate third party, as applicable; (iv) interfere or attempt to interfere with the proper working of ultratress.com or any activities conducted on ultratress.com; or (v) bypass measures we may use to prevent or restrict access to ultratress.com or any part thereof. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials form ultratress.com for the sole purpose of and solely to the extent reasonably necessary for creating publicly available searchable indices of Content, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases. You must not collect or harvest any personally identifiable information, including account names, from ultratress.com. You must not use any communication system provided on ultratress.com (i.e., Forums or e-mail) for any commercial or solicitation purposes ,and must not solicit for commercial purposes any users of ultratress.com without our prior, written consent (which may be withheld or conditioned in our sole and absolute discretion).
7. Public Forums ultratress.com may from time to time contain chat rooms, bulletin boards, blogs, and other forums, (collectively, the “Forums”), which may allow users to contribute information and make statements, including, but not limited to, responses to questions posted on ultratress.com and other comments, opinions, recommendations, answers, analysis, references, referrals, content or information (such user contributions and statements collectively “User Generated Content”). We are not involved in the actual transmission of User Generated Content provided for in the Forums, and neither approve or endorse any User Generated Content. We have no control over and make no representations or warranties express or implied regarding, the quality, correctness, timeliness, safety, truth or accuracy of any User Generated Content or the qualifications of anyone posting User Generated Content in any of the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, indecent, objectionable, inaccurate or deceptive, and you hereby waive any legal or equitable rights or remedies you have or may have against us or our affiliates with respect to such User Generated Content. Please use caution and common sense, and do not rely on User Generated Content published in the Forums. Without limiting the generality of the foregoing, and although we do not regularly review User Generated Content provided for in the Forums, we reserve the right (but disclaim any obligation) to remove or edit any User Generated Content in the Forums. In addition, although we reserve the right to review, remove or edit any Content from ultratress.com, we do not routinely screen, monitor, review, remove, or edit any User Generated Content. You should not provide personal information to other users or post personal information in any of the Forums or any other public place where such information might be used to harm or harass you. Questions and answers or other postings to ultratress.com, including but not limited to the Forums, are not confidential.
We do not monitor, review, or screen all postings and do not independently verify information posted on ultratress.com or provided to us by others. WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY INFORMATION YOU ENCOUNTER ON OR THROUGH ULTRATRESS.COM, AND ANY USE OR RELIANCE ON ANY SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
8. Your Postings to the Forums and Other Communications You agree that in connection with your use of ultratress.com you must not at any time: (i) transmit or cause to be transmitted any Content (including but not limited to any User Generated Content or any software, message, information, data, text, images, or other communication, content or materials) that is in any respect unlawful, harmful, threatening, abusive, harassing, libelous or otherwise defamatory or tortious, vulgar, obscene, or otherwise objectionable, or which may be invasive or violative of another’s right of privacy or publicity, or which might in any respect give rise to civil or criminal liability; (ii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) post, upload or transmit any Content if you do not have the absolute right to do so (and by posting, uploading or otherwise transmitting any Content to ultratress.com you represent and warrant to us that you have all requisite legal rights to so post, upload and transmit that Content and that such posting, uploading and transmission does not infringe or otherwise violate any law or infringe the rights of any person or entity); (iv) post, upload or transmit any Content which contains a virus, worm, Trojan horse or corrupted data or code that manifests contaminating or destructive properties; (v) delete any author attributions, legal notices or proprietary designations or labels; (vi) use any of ultratress.com’s communication features in a manner that adversely affects the availability of ultratress.com’s resources or features to other users; (vii) upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or advertising; (viii) violate any applicable local, state, national, or international law or treaty; (ix) post, upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or proprietary rights or any rights of privacy or publicity of any person or entity; (x) delete or revise any Content posted by another person or entity; (xi) manipulate or display ultratress.com by using framing or similar navigational technologies; (xii) disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form); (xiii) harvest or collect information about others, including but not limited to e-mail addresses, without their consent; (xiv) allow any other person or entity to use your account, password or other identification for posting or viewing comments; (xv) post the same note more than once or engage in “spamming”; or (xvi) engage in any other conduct that restricts or inhibits any other person from using or enjoying any of the Forums or ultratress.com, or which, in our sole and absolute judgment exposes or may expose us or any of our affiliates, licensors, licensees, customers or suppliers to any liability or detriment of any kind.
We reserve the right (but disclaim any obligation) to do any or all of the following:
* record any dialog in any of the Forums; investigate an allegation that any communication or communications do not conform to the terms of this Section and determine in our sole discretion whether or not to remove or request the removal of such communication(s);
* remove any communication which we believe in our sole and absolute discretion to be abusive, illegal or disruptive or that otherwise fails to conform with any provision of this Agreement;
* terminate a user’s access to any or all of the Forums and/or ultratress.com upon any breach of this Agreement;
* monitor, edit, delete or disclose any communication(s) posted on ultratress.com or in any of the Forums, regardless of whether or not such communication(s) violate any of the standards articulated in this Agreement. In no event shall we or any of our affiliates or third party licensors have any responsibility or liability to any users of ultratress.com or to any other person or entity for performance or nonperformance of the aforementioned activities.
If you use any of the Forums, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Forums. Neither we nor any of our affiliates or third party licensors are responsible for the consequences of any communication in any of the Forums. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency you should call your doctor or 911 immediately.
If we are notified of communications which allegedly do not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of the communication. We have no liability or responsibility to you for performance or non-performance of those activities. We reserve the right to expel you and prevent your further access to ultratress.com for violating this Agreement or the law, and the right to remove communications which are abusive, illegal, or disruptive, or which otherwise do not comply with any provision of this Agreement.
We cannot and do not assure that other users are or will be complying with the foregoing rules of conduct or any other provisions of this Agreement and as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. You are solely responsible for all your transmissions, submissions or postings (including without limitation, your own User Generated Content and the consequences of transmitting, submitting or posting them.
9. Your Submission of Images, Video and Audio Files If and to the extent we permit you to upload or post media (such as photos, video or audio recordings or files) to ultratress.com you agree to only post or upload media that you have created yourself or that you have all rights to transmit and license and which do not violate any trademark, copyright, privacy, publicity, or any other rights of any other person or entity. To protect your privacy and the privacy of others, you agree that you will not submit any media that contains your own or anyone else’s personal identifiable information such as names, phone numbers, e-mail address, addresses or website URL’s. Your uploading of media such as images or video of any other person without their permission is strictly prohibited.
We reserve the right to review all media prior to submission or posting to ultratress.com and to remove any media for any reason at any time without prior notice, at our sole and absolute discretion.
By posting, uploading or otherwise transmitting any media or any User Generated Content to ultratress.com: (a) you grant us and our successors and assigns (or warrant that the owner of such rights has expressly granted to us and our successors and assigns) a perpetual, irrevocable, non-exclusive, transferable, royalty-free, right and license to use, copy, print, reproduce, modify, adapt, create derivative works of, publish, edit, translate, distribute, post, transmit, publicly perform and display that media or User Generated Content (including without limitation any software or other materials comprising or contained in such media or User Generated Content), and to incorporate that media or User Generated Content or any part thereof into any form, medium or technology now known or hereafter developed, throughout the universe, and to sub-license any of these rights through multiple tiers of sub-licensees; (b) you warrant that all so-called moral rights in the media or User Generated Content are waived; (c) you agree that you have no recourse against us or any of our directors, officers, employees, agents, affiliates, contractors, licensees, or sublicensees for any alleged or actual infringement or misappropriation of any proprietary right in such media or User Generated Content; (d) you certify that any person pictured in any submitted media or User Generated Content (or, if a minor, his or her parent or legal guardian) perpetually, irrevocably and on a royalty free basis authorizes us and our successors, assigns and licensees to use, copy, print, publicly display, publicly perform, reproduce, modify, create derivative works of, publish, post, transmit, distribute and otherwise exploit such media or User Generated Content and any software or other material included therein in any form, medium or technology now known or hereafter developed, throughout the universe; and (e) you agree to indemnify us and our affiliates, officers, directors, employees and contractors and hold them harmless from any and all liabilities, damages, claims and expenses including attorney’s fees and court costs arising from or incident to such media, User Generated Content, and any breach of representation, warranty, certification or other provision of this Agreement by you.
10. Registration, User Account, Password and Security. Certain sections or features of ultratress.com may require you to register. If you register, you agree to provide us with accurate, complete registration information and it is your responsibility to promptly inform us of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. In connection with your registration you may receive a password and account. You are responsible for all activities that occur under your account and with your password, and you must protect your password and account from unauthorized use, you must immediately notify us of any unauthorized use of your password, account or any other breach of security. You are responsible for taking all reasonable steps and precautions to insure that no unauthorized person will have access to your ultratress.com account or password (if any). It is your responsibility alone to (1) control the dissemination and use of your ultratress.com account and password(s); (2) authorize, monitor and control access to and use of your ultratress.com account and password(s); (3) promptly inform us of any need to deactivate a password. You grant us and all other persons or entities involved in the operation of ultratress.com the right to transmit, monitor, retrieve, store and use your information in connection with the operation of ultratress.com. We cannot and do not assume any responsibility or liability for any information you submit or for your or any third party’s use or misuse of information transmitted or received using ultratress.com tools, features or services.
11. Charges and Billing. Certain features of or services provided on or through ultratress.com are, or may become, fee based and thus may require that you pay a fee for access or use. Such fees are subject to the provisions of this Section. You must pay all fees or charges (collectively “Service Fees”) in accordance with our billing terms in effect at the time Service Fee is due and payable. Service Fees are non-refundable whether or not you actively use the service or feature in question. We reserve the right to change any Service Fee(s) or any applicable usage policies and to introduce new Service Fees at any time provided however that such changes will apply prospectively to the subject service or feature following our posting of the new or revised Service Fee on ultratress.com. Service Fees are exclusive of all taxes, levies or duties imposed by taxing authorities and you will be responsible for payment of all such taxes, levies or duties that may be or become applicable to the features or services or the Service Fee(s) for the subject feature(s) or service(s). You agree to provide us with complete and accurate billing and contact information. This information includes legal name, street address, e-mail address, and name and telephone number of an authorized billing contact. You agree to update this information promptly and in any event within 5 days of any change(s) to it. If you elect to utilize features or services on ultratress.com which require your payment of Service Fees you will be required to effect the requisite payment(s) via credit card, PayPal account or such other means as we may from time to time elect to accept in our sole and absolute discretion. You are responsible for providing a valid credit card number, or for otherwise effecting the requisite payment through such means as we may require, at the time that you register for the particular feature or service in question. With respect to credit card payments, you represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your account at the prices then in effect including any unauthorized charges incurred prior to your notifying us of such charges. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the subject features or services. We reserve the right to modify or terminate any or all features, services or membership plans, and to change prices or institute new charges or Service Fees for any service or feature at any time.
12. Data Retention You acknowledge and agree that we have no obligation to retain any Content or other materials which you may post or transmit to ultratress.com. We have no responsibility or liability whatsoever for any deletion, failure to store or corruption of any Content posted or otherwise transmitted by you to ultratress.com and you are solely responsible for creating backups of any such Content at your expense. We reserve the right to modify our data storage policies from time to time with or without notice to you.
13. Our Linking Policy ultratress.com may from time to time contain links, to or advertisements for, websites operated by others (each a “Third Party Site” and collectively “Third Party Sites”). The links to and advertisements concerning Third Party Sites are provided for your convenience only. We do not control Third Party Sites and are not responsible for any of the content, materials or services contained or provided on any Third Party Site or for performance of any Third Party Site or for your transactions on or with them. Our inclusion of links to or advertisements for any Third Party Site is not, and does not imply, any endorsement of any content, material, product or services offered on or through such Third Party Site, or any association with their operators. We permit you to include on your own Web site(s) text links to Content on ultratress.com, provided that: (a) any text-only link must clearly be marked “www.ultratress.com”; (b) any link that is not text-only must be our approved logo and accompanying code; (c) the link must further ultratress.com and its purposes; (d) the link must be to the ultratress.com home page and you do not remove or obscure, by framing or otherwise, any portion of the home page; (e) the appearance, position, and other aspects of the link and host Web site must not be misleading, fraudulent, or in any other manner damaging to or dilutive of the goodwill associated with our name, trademarks or servicemarks, as determined by us in our sole and absolute discretion; (f) the appearance, position and other aspects of the link and host Web site must not create a false appearance that an entity other than the Company is associated with the link, or that the host Web site is sponsored by the Company; (g) the link, when activated by an internet user, must display www.ultratress.com full-screen and not with a “frame” on the linked Web site; (h) we reserve the right to revoke our consent to the link at any time, in our sole discretion, upon notice to you or by amending this Agreement; (i) you give us notice of such link by sending an e-mail to us at [email protected]; and (j) you immediately discontinue providing links to ultratress.com if requested by us. If you wish to provide any link(s) to a page or section within ultratress.com you must forward your request to us at [email protected] and we will notify you in writing if permission is granted and if so, the terms and conditions of the permission.
14. Electronic Communications When you visit ultratress.com or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on ultratress.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
15. Your Responsibility for Equipment and Related Costs You are responsible for obtaining and maintaining at your sole cost and expense all telephone, computer hardware, Internet access services and other equipment or services needed to access and use ultratress.com.
16. Disclaimer of Representations and Warranties WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF ULTRATRESS.COM OR REGARDING ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS, PRODUCTS, FEATURES OR SERVICES INCLUDED, POSTED, PROVIDED, ACCESSED OR OFFERED ON OR THROUGH OR ASSOCIATED WITH ULTRATRESS.COM AND INCLUDING WITHOUT LIMITATION ANY DOWNLOADS FROM ULTRATRESS.COM OR THIS SERVER (SUCH CONTENT, INFORMATION, SOFTWARE, MATERIALS, PRODUCTS, FEATURES, SERVICES AND DOWNLOADS COLLECTIVELY HEREINAFTER REFERRED TO IN THIS SECTION 16 AS “WEBSITE MATERIALS”). YOU EXPRESSLY AGREE THAT YOUR USE OF ULTRATRESS.COM AND ANY WEBSITE MATERIALS IS AT YOUR SOLE RISK. ULTRATRESS.COM AND THE WEBSITE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE COMPANY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS AWARE OF ANY SUCH PURPOSE), QUALITY, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT ULTRATRESS.COM OR ANY OF THE WEBSITE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS THEREIN WILL BE CORRECTED, OR THAT ULTRATRESS.COM OR ANY SERVER THAT MAKES ULTRATRESS.COM OR ANY OF THE WEBSITE MATERIALS AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF ULTRATRESS.COM OR ANY OF THE WEBSITE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR OTHERWISE, OR THAT ANY RESULTS OBTAINED FROM YOUR USE OF ULTRATRESS.COM OR ANY OF THE WEBSITE MATERIALS WILL MEET YOUR EXPECTATIONS. THE COMPANY DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT ULTRATRESS.COM OR ANY OF THE WEBSITE MATERIALS WILL BE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR MISAPPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR THE IMPLEMENTATION OF SUFFICIENT PROCEDURES, FIREWALLS AND CHECKPOINTS WHICH SATISFY YOUR PARTICULAR REQUIREMENTS FOR SECURITY, ACCURACY, AND DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO ULTRATRESS.COM OR THIS SERVER, FOR THE RECONSTRUCTION OF ANY LOST DATA, INCLUDING BUT NOT LIMITED TO ANY DOWNLOADS FROM ULTRATRESS.COM OR THIS SERVER.
LIMITATION OF LIABILITY
ANY CLAIMS BY YOU OR ANYONE CLAIMING BY, THROUGH OR UNDER YOU AND ARISING FROM OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO ULTRATRESS.COM OR ANY WEBSITE MATERIALS MUST BE BROUGHT WITHIN 1 YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM OR SHALL BE BARRED. YOUR REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.
ultratress.com is controlled and offered by us from our facilities in the United States of America. We make no representations that ultratress.com is appropriate or available for use in other jurisdictions. If you access or use ultratress.com from other jurisdictions, you do so by your own volition and are solely responsible for compliance with local law. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you. Under no circumstances shall we, our licensors or licensees or any of our affiliates or any of the foregoing entities’ respective resellers, distributors, service providers or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from any act or force majeure or causes beyond our or their reasonable control.
17. Your Obligation to Indemnify Us You hereby agree to indemnify, defend and hold us, our affiliates, licensors, licensees, distributors, agents, representatives, contractors and authorized users, and each of the foregoing persons’ or entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing persons’ or entities’ respective officers, directors, managers, members, shareholders, owners, employees, agents, representatives, contractors and assigns (collectively “the Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) suffered or incurred by the Indemnified Parties or any of them in connection with any claim arising out of or incident to any breach by you of this Agreement or claims arising from or incident to your use of ultratress.com or any of the Website Materials referred to in Section 16, or any of your accounts or passwords. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
18. Our Remedies You acknowledge that we would be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all other rights and remedies available under this Agreement or at law or in equity, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. You agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida sitting in Broward County, Florida. You consent to the jurisdiction of such court(s) and waive any objection to the laying of the venue of any such action or proceeding in such court(s). You agree that service of any court paper may be effected on you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
19. Copyright Policy/Takedown Procedures It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We shall in appropriate circumstances disable and/or terminate the accounts or passwords of users who may infringe or repeatedly infringe our or others’ copyrights or other intellectual property rights.
Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to our designated agent. Our designated agent contact information is set forth below: Address of Designated Agent to Which Notification Should be Sent: Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
(e) a statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(g) Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
(i) we will remove or disable access to the material that is alleged to be infringing;
(ii) we will forward the written Notification to the alleged infringer (“Subscriber”); and
(iii) we will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.
Counter Notification: Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to our designated agent that includes substantially the following:
(a) a physical or electronic signature of the Subscriber;
(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) the Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which our offices may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person. Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
(a) we will promptly provide the Complaining Party with a copy of the Counter Notification;
(b) we will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
(c) we will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.
(a) Headings. The section, paragraph and other titles or headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
(b) Termination, Assignment. We may terminate your account or your access to ultratress.com at any time without notice to you. We may assign our rights and delegate our duties under this Agreement to any person or entity at any time without notice to you. You may not assign your rights or delegate your duties under this Agreement to anyone else.
Should a dispute arise, or in any instance of any lawsuit between you and us, jurisdiction over and venue of any suit or dispute shall be exclusively in the state and federal courts sitting in Broward County, Florida.
(d) Compliance With U.S. Export Control Laws. Supply of goods, services and software through ultratress.com is subject to United States export control and economic sanctions requirements. By acquiring any such items through ultratress.com you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through ultratress.com if: (i) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List; or (ii) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
(e) Notice. We may deliver notice to you under this Agreement by means of electronic mail, a general notice on ultratress.com or by written communication delivered by first class U.S. Mail to your address on record in your account or subscriber information (if any). You may give notice to us at any time by letter delivered by first class postage prepaid U.S. Mail or overnight courier by reputable national courier company to the Company at the following address: Ultratress, 5130 North State Road 7, Fort Lauderdale, FL 33319-3322.
(f) Severability. The provisions of this Agreement are severable and in the event any provision hereof is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
(g) No Waiver. No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.