Terms of Site & Services Use
Up Deeds LLC
The UpDeeds.com Web Site (the “Site”) is an online information and website marketing service, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. UpDeeds.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions. The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are www.UpDeeds.com , its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You agree to grant to UpDeeds.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to UpDeeds.com by all means and in any media now known or hereafter developed. You also grant to www.UpDeeds.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against UpDeeds.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to UpDeeds.com.
2. Use of the Site. You understand that, except for information, products or services clearly identified as being supplied by UpDeeds.com. UpDeeds.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for UpDeeds.com – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with UpDeeds.com. You also understand that www.UpDeeds.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. UpDeeds.com PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND UpDeeds.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. www.UpDeeds.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. UpDeeds.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY IN NO EVENT WILL UpDeeds.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF UpDeeds.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, UpDeeds.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
UpDeeds.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-UpDeeds.com web site, please understand that it is independent from UpDeeds.com, and that UpDeeds.com has no control over the content on that web site. In addition, a link to a UpDeeds.com web site does not mean that UpDeeds.com endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification. You agree to indemnify, defend and hold harmless UpDeeds.com , its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights. The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of UpDeeds.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5.Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between UpDeeds.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in the courts of the State of Wisconsin, Brown County, including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. UpDeeds.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. UpDeeds.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
6. Cross Browser Compatibility. Our agreement reasonably presumes the creation of a website viewable by Firefox, Chrome and Microsoft Edge. Compatibility is defined herein as all critical elements of each page being viewable in these browsers. Client is aware that some advanced techniques on the Internet, however, may require a more recent browser version and brand or plug-in. Client is also aware that as new browser versions are developed, the new browser versions may not be compatible.
7. Maintenance vs Management. Maintenance involves updating of software and plugins at the basic level to maintain website functionality and may include backups and security checks. Management is controlling the actual content on the website.
8. Passwords. The Client, Authorized Users and Clients must ensure that each password is only used by the user to which it has been assigned. The Client is responsible for any and all activities that occur under the Client’s account and via the Client’s passwords. The Client will immediately notify the Up Deeds LLC if the Client becomes aware of any unauthorized use of the Client’s account, the Client’s passwords or breach of security known to the Client. The Site shall have no liability for any loss or damage arising from the Client’s failure to comply with these requirements.
9. Security Breach. Client acknowledges the risk of a potential security breach by publishing the website in the public domain. Client agrees to hold the Site harmless for any damages that result from the negligent acts of the client or the malicious acts of an unrelated third party, unless said acts are the result of a breach of an implied warranty for workman like service required of the Site by the laws of the State of Wisconsin.
10. Assignment of Project. The Developer reserves the right to assign certain subcontractors to this project to insure the right fit for the job as well as on-time completion.
The Site shall make all reasonable efforts to ensure that any interface or integration to a third-party provider or system used by the Client operates correctly. The Client acknowledges that the successful operation of any interface or integration is dependent upon the technical set up of the third-party systems, and the Client agrees that the Site cannot be held liable for any failures in the operation of the interface or integration. Accordingly, the Site shall have no liability or obligation whatsoever to the Client in relation to the content on, or use of, or connection with any third-party website made available via use of the Services.
11. Site does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and/or error-free. Site is not to be held responsible for occasional downtime of email or website due to line interruptions and/or other instances beyond Site control or third-party tools and sites that the client’s site may utilize after completion of website.
12. JURISDICTION/DISPUTES. This Agreement shall be governed in accordance with the laws of the State of Wisconsin. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Wisconsin, Brown County, including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
13. Indemnification. Client also agrees to defend, indemnify and hold harmless the Site against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Any rights not expressly granted herein are reserved.
