These terms and conditions ("Agreement") govern your use of halfup("Site"), an online information service operated by Yavetech, LLC ("Yavetech", "we", "our", "us", etc.). By using this Site you consent and agree to the terms and conditions contained in this Agreement. If you are unwilling to accept the terms and conditions contained in this Agreement, please do not use this Site.
MODIFICATION OF TERMS
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications will be effective immediately upon posting of the modified Terms to the Site. Your continued use of the Site following the posting of changes to these Terms will mean that you accept those changes. To update the Terms, we will both post the changed version and its effective date on the Site.
MODIFICATIONS TO SITE
Yavetech reserves the right from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof). Yavetech will not be liable to you or any third party for any such modification, suspension or discontinuance.
All content ("Content") included on this Site, such as text, graphics, logos, color combinations, layout, button icons, images, audio clips and software (whether contained in or used to operate the Site), is the property of Yavetech or its content suppliers and protected by U.S. and international copyright, trademark, service mark and other intellectual property laws. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Yavetech and protected by U.S. and international copyright laws. This Agreement does not transfer any right, title, or interest in the Site or the Content to you, and nothing contained in this Agreement or on the Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise other than as explicitly set forth herein. Yavetech and its Content suppliers retain all of its and their respective right, title and interest to the Site and Content.
halfup is a trademark of Yavetech. Yavetech?s trademarks may not be used in connection with any product or service that is not the property of Yavetech, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Yavetech. Certain products, services, or company designations for companies other than Yavetech may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status. All trademarks and registered trademarks mentioned on this Site are properties of their respective owners.
The Site contains links to other websites and resources. You acknowledge and agree that Yavetech is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk. The Yavetech privacy statement is applicable only when you are on the Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
Under no circumstances may you: - send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited); - delete, modify or attempt to change or alter any of the Content on the Site; - use any device, software or routine that interferes with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties' use of the Site; - use the Site or the Content, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other web site providers, web sites, chat rooms or the like, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission; - use any "robot", "spider" or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or - use any Yavetech's names, service marks, or trademarks without our prior written consent, including without limitation as metatags or hidden text.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAVETECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. YAVETECH MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (a) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (b) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (e) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL YAVETECH OR ITS THIRD PARTY CONTENT AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE RESULTING FROM: (a) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR WEB SITES, (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (c) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (d) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF YAVETECH WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You and Yavetech are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
NO THIRD PARTY BENEFICIARIES
Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.
You acknowledge (a) that you have read and understood this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement.
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. These Terms will be governed by the laws of the state of Missouri, U.S.A., without regard to its conflicts of law provisions. You and Yavetech agree to submit to the personal and exclusive jurisdiction of the courts located within St Louis County, Missouri. Any action concerning any dispute you may have with respect to this Site must be commenced within 6 months after the cause of the dispute arises, or the cause of action is barred. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. These Terms comprise the entire agreement between you and Yavetech with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein. The failure of Yavetech to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. We suggest that you print out a copy of these Terms for your records.
If you have any questions regarding this Agreement or the Site, please contact Yavetech at email@example.com