Welcome to www.uptimesoftware.com (the "Uptime web site" or "Site"). The services on this Site are offered to you by Uptime Software Inc. ("Uptime") subject to the following terms (the "Terms"). If you access and use the Uptime web site you accept and agree to be bound by and comply with the Terms. If you do not accept the Terms you may not use the Uptime web site; please immediately log off this Site.
Uptime does not sell products for children. If you are under the age of 18 you may use the Uptime web site only with the involvement of a parent or guardian.
Use of the Uptime Web Site
Uptime maintains this Site for your information, education and communication. You may not reproduce, distribute, modify, display or prepare derivative works based on or otherwise use the content of the Site without Uptime's prior written permission.
You may not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner that could damage, disable, overburden or impair any Uptime server or the network connected to any Uptime server or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to Uptime information or services, other accounts, computer systems or networks or to any service provided by Uptime through hacking, password mining or any other means. You may not obtain or attempt to obtain any Uptime information or services through any means not intentionally made available through the Site.
Communications to Uptime Software Inc.
When you visit the Uptime web site or send e-mail to us you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
However, in your communications with Uptime please keep in mind that Uptime does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Uptime's products or marketing strategies might seem similar to ideas submitted to Uptime. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Uptime makes no assurances that your ideas and materials will be treated as confidential or proprietary.
By posting, uploading, inputting, providing or submitting any materials you are granting Uptime and its sublicensees permission to use your materials in connection with the operation of their Internet businesses including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and re-format your materials; to publish your name in connection with your materials; and the right to sublicense such rights. No compensation will be paid with respect to the use of your materials.
Notice Specific to Software Available on this Site
Any software that is made available to download ("Software") is the copyrighted work of Uptime and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement until he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or re-distribution of the Software not in accordance with the License Agreement is expressly prohibited by law.
The Software is warranted, if at all, only according to the terms of the License Agreement. Except as warranted in the License Agreement, Uptime hereby disclaims all warranties and conditions with regard to the Software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, Uptime may make available tools and utilities for use and/or download. Uptime does not make any assurances with regard to the accuracy of the results or output that derive from the use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available.
Uptime provides the web site and the information, material and content (collectively, the "Information") on an "as is, where is" basis and does not make any express or implied warranties, representations, endorsements or conditions with respect to the Uptime web site or the Information, including, without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Further, Uptime does not represent or warrant that the web site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties. Uptime shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages arising out of your use of or inability to use the Uptime web site or the Information or any action or decision made by you in reliance on the Uptime web site or the Information or any unauthorized use or reproduction of the Uptime web site or the Information even if Uptime has been advised of the possibility of these damages.
The information, material and content provided in the Uptime web site may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly and your continued access or use of the Uptime web site will mean that you agree to any changes. Uptime controls and operates this Site from its headquarters in Toronto, Ontario, Canada and makes no representation that the Site is appropriate or available for use in other locations. If you use this Site from other locations you are responsible for compliance with applicable local laws. If any portion of these Terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the balance of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Uptime web site.
You should assume that everything you see or read on the Uptime web site is copyrighted unless otherwise noted and may not be used except as provided in these Terms or in the text on the Uptime web site without the written permission of Uptime. Uptime neither warrants nor represents that your use of materials displayed on the Uptime web site will not infringe rights of third parties not owned by or affiliated with Uptime. Images, photographs or illustrations displayed on the web site are either the property of, or used with permission by, Uptime. The use of these materials by you or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Uptime web site. Any unauthorized use of the images may violate copyright laws, trade mark laws, the laws of privacy and publicity and communications regulations and statutes.
Portions of the Uptime Software operate under license of U.S. Patent No. 6,567,937.
The trade marks, logos and service marks (collectively, the "Trade Marks") displayed on the Uptime web site are registered and unregistered trade marks of Uptime. Nothing contained on the Uptime web site should be construed as granting, by implication, estoppel or otherwise any license or right to use any Trade Mark displayed on the Uptime web site without the written permission of Uptime or such third party that may own the Trade Mark displayed on the Uptime web site. Your misuse of the Trade Marks displayed on the Uptime web site or any other content on the Uptime web site except as provided herein, is strictly prohibited.
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