(“Agreement”)
ACCEPTANCE OF TERMS THROUGH USE
By using this site (“Site”) or by clicking “I agree” to this Agreement, you (“User”) signify
your agreement to these terms and conditions. If you do not agree to this Agreement
please do not use this Site and do not click “I agree”. Please check this Agreement
periodically for changes as the owner of this Site UFOREK reserves the right to revise
this Agreement. In the event of a change to this Agreement, your continued use of this
Site following the posting of any changes constitutes acceptance of such changes. The
Company reserves the right to terminate a User’s use of this Site at any time without
notice and may do so for any breach of this Agreement.
YOU MUST BE OVER 21 OR OLDER TO AGREE TO THIS AGREEMENT AND USE
THIS SITE
This Agreement must be completed, understood and agreed to by a person over 21. If a
parent or guardian wishes to permit a person under 21 to access this Site, he or she
should email the Company with his or her explicit permission and acceptance of full
legal responsibility. If you are not yet 21 or are accessing this Site from any country
where this material is prohibited, please exit now as you do not have proper
authorization.
LICENSE TO USE THIS SITE
Upon your agreement, Company hereby grants you a non-exclusive, non-transferable
limited license to use this Site in strict accordance with the terms and conditions in this
Agreement. You agree not to make any false or fraudulent statements as you use this
Site. You acknowledge and agree that all content and services available on this Site are
property of the Company and are protected by copyrights, trademarks, service marks,
patents, trade secrets, and other proprietary rights and laws, in the U.S. and
internationally. All rights not expressly granted herein are fully reserved by the
Company, its advertisers and licensors. You agree to pay for any and all purchases and
services using your name and credit card through this Site, not to challenge any such
charges and to pay for all collections and/or attorneys fees resulting from any non-
payment.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted, you agree not to save, download, cut and paste,
sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit, or create derivative works from materials from this
Site. Systematic retrieval of data or other content from this Site to create or compile,
directly or indirectly, a collection, database or directory without written permission from
the Company is prohibited. In addition, use of the content or materials for any purpose
not expressly permitted in this Agreement is prohibited.
Security
You agree that if you are issued a Username and Password by the Company, you shall
use your best efforts to prevent access to this Site through your Username and
Password by anyone other than yourself, including but not limited to, keeping such
information strict confidential, notifying the Company immediately if you discover loss or
access to such information by an unauthorized party and by using a secure Username
and Password not easily guessed by a third party.
You agree that you shall not try to reverse assemble, reverse compile, decompile,
disassemble, translate or otherwise alter any executable code, contents or materials on
or received via this Site. You understand that such actions are likely to subject you to
serious civil and criminal legal penalties and that the Company shall pursue such
penalties to the full extent of the law to protect its rights and the rights of its other
licensors.
Export
You agree that you shall comply with all applicable export and import control laws and
regulations in your use of this Site, or materials or services received through this Site,
and, in particular, you shall not export or re-export anything on or received through this
Site in violation of local or foreign export laws and/or without all required U.S. and
foreign government licenses.
Government Use
If you are a branch or agency of the U.S. Government, the following provision applies.
This Site, code, contents, services and accompanying documentation are comprised of
“commercial computer software” and “commercial computer software documentation” as
such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the
Government (i) for acquisitions by or on behalf of civilian agencies, consistent with the
policy set forth in 48 C.F.R. 12.212; or (ii) for acquisitions by or on behalf of units of the
Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1
(JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the
copyright laws of the United States.
Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site,
we do not warrant or represent that the Site will be error-free. Data entry errors or other
technical problems may sometimes result in inaccurate information being shown. We
reserve the right to correct any inaccuracies or typographical errors on our Site,
including pricing and availability of products and services, and shall have no liability for
such errors. We may also make improvements and/or changes to the Site’s features,
functionality, or content at any time. If you see any information or description you
believe to be incorrect, please contact us and we’ll verify it for you.
LINKS TO OTHER WEBSITES
Our Site contains links to other websites for your information and convenience, or to
provide additional shopping for various other goods and services through our Merchant
and Services Partners. These third-party websites are responsible for, and undertake to
maintain, their own Site terms of use. We suggest that you carefully review the terms of
use of each site you choose to access from our Site.
USER’S LICENSE GRANT TO SITE
Except with regards to personal information, all information which you post on this Site
or communicate to the Company through this Site (collectively “Submissions”) shall
forever be the property of the Company. The Company shall not treat any submission
as confidential and shall not incur any liability as a result of any similarities that may
appear in future Company services or products. Without copy, the Company shall have
exclusive ownership of all present and future existing rights to any Submission of every
kind and nature everywhere. You acknowledge that you are fully responsible for the
message, including its legality, reliability, appropriateness, originality and copyright. You
hereby represent and warrant that your Submission does not infringe the rights of any
third party.
USER CONDUCT
By using features of this Site that allow you to post or otherwise transmit information to
or through this Site, or which may be seen by other users, you agree that you shall not
upload, post, or otherwise distribute or facilitate distribution of any content – including
text, communications, video, software, images, sounds, data, or other information –
that:
A. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic,
or otherwise in violation of this Site’s rules or policies;
B. infringes any patent, trademark, service mark, trade secret, copyright, moral right,
right of publicity, privacy or other proprietary right of any party;
C. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as
“spamming”), chain letters, any other form of unauthorized solicitation, or any form of
lottery or gambling;
D. contains software viruses or any other computer code, files, or programs that are
designed or intended to disrupt, damage, or limit the functioning of any software,
hardware, or telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of any third party; or
E. impersonates any person or entity, including any employee or representative of this
Site, its licensors or advertisers.
You also agree that you shall not harvest or collect information about the users of this
Site or use such information for the purpose of transmitting or facilitating transmission of
unsolicited bulk electronic email or communications for any other commercial purpose
of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce
any physical contact with, anyone 21 years old or younger without appropriate parental
consent.
This Site generally does not pre-screen, monitor, or edit the content posted by users of
this Site. However, this Site and its agents have the right, at their sole discretion, to
remove any content that, in this Site’s sole judgment, does not comply with the Site
Submission Rules or is otherwise harmful, objectionable, or inaccurate. This Site is not
liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this Site may be suspended or terminated immediately upon
receipt of any notice which alleges that you have used this Site in violation of these
Rules and/or for any purpose that violates any local, state, federal or law of other
nations, including but not limited to the posting of information that may violate third party
rights, that may defame a third party, that may be obscene or pornographic, that may
harass or assault other, that may violate hacking or other criminal regulations, etc. of its
agents, officers, directors, contractors or employees. In such event, you agree that the
owner of this Site may disclose your identity and contact information, if requested by a
government or law enforcement body or as a result of a subpoena or other legal action,
and the owner of this Site shall not be liable for damages or result of a subpoena or
other legal action, and the owner of this Site shall not be liable for damages or results
thereof, and you agree not to bring any action or claim against the owner of this Site for
such disclosure.
INTELLECTUAL PROPERTY RIGHTS
1. Copyright
The Site design, text, content, selection and arrangement of elements, organization,
graphics, compilation, magnetic translation, digital conversion, and other matters related
to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED.
The posting of any such elements on the Site does not constitute a waiver of any right in
such elements. You do not acquire ownership rights to any such elements viewed
through the Site. Except as otherwise provided herein, none of these elements may be
used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical,
photocopying, recording, or otherwise, without Company’s prior written permission.
2. Trademark
UFOREK™ name, logo, and all product names, company names, and other logos,
unless otherwise noted, are trademarks and/or trade dress of UFOREK. The use or
misuse of any Marks or any other materials contained on the Site, without the prior
written permission of their owner, is expressly prohibited.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or
frames from this Site. You are cautioned to read their Terms and Conditions and/or
Privacy Policies before using such sites. These sites may contain information or
material that is illegal, unreasonable or that some people may find inappropriate or
offensive. These other sites are not under the control of the Company and are not
monitored or reviewed by the Company. The inclusion of such a link or frame does not
imply endorsement of this Site by the Company, its advertisers or licensors, any
association with its operators and is provided solely for your convenience. You agree
that the Company and its licensors have no liability whatsoever from such third party
sites and your usage of them.
DISCLAIMER OF WARRANTIES
The Company, its advertisers and licensors make no representation or warranties about
this Site, the suitability of the information contained on or received through use of this
Site, or any service or products received through this Site. All information and use of
this Site are provided “as is” without warranty of any kind. The Company, advertisers
and/or its licensors hereby disclaim all warranties without regards to this Site, the
information contained or received through use of this Site, and any services or products
received through this Site, including all express, statutory, and implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement. The
Company, advertisers and/or its licensors do not warrant that the contents or any
information received through this Site are accurate, reliable or correct; that this Site will
be available at any particular time or location; that any defects or errors will be
corrected; or that the contents of any information received through this Site is free of
viruses or other harmful components. Your use of this Site is solely at your risk. User
agrees that it has relied on no warranties, representations or statements other than in
this agreement. Because some jurisdictions do not permit the exclusion of certain
warranties, these exclusions may not apply to you but shall apply to the maximum
extent permitted by law of your jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances shall the Company, advertisers and/or its licensors be liable for
any direct, indirect, punitive, incidental, special, or consequential damages that result
from the use or inability to use, this Site. This limitation applies whether the alleged
liability is based on contract, tort, negligence, strict liability, or any other basis, even if
the Company, advertisers and/or its licensors have been advised of the possibility of
such damage. Because some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, the Company, advertisers and/or its respective
licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted
by law of your jurisdiction.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers,
licensors, subsidiaries and other affiliated companies, and their employees, contractors,
officers, agents and directors from all liabilities, claims, and expenses, including
attorney’s fees, that arise from your use of this Site, or any services, information or
products from this Site, or any violation of this Agreement. The Company reserves the
right, at it own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you shall cooperate with the
Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User’s use immediately upon
receipt of any notice which alleges that User has used this Site for any purpose that
violates any local, state, federal or law of other nations, including but not limited to the
posting of information that may violate third party rights, that may defame a third party,
that may be obscene or pornographic, that may harass or assault other, that may violate
hacking or other criminal regulations of its agent, officers, directors, contractors or
employees. In such event, Company may disclose the User’s identity and a subpoena
or other legal action, and Company shall not be liable for damages or results thereof
and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This Site (excluding third party linked sites) is controlled by the Company from its offices
within the State of Idaho, U.S. of America. It can be accessed from all 50 states as well
as from other countries around the world to the extent permitted by site. As each of
these places has laws that may differ from IDAHO, by accessing this Site, both you and
the Company agree that the statutes and laws of IDAHO shall apply to any actions or
claims arising out of or in relation to this Agreement or your use of this Site, without
regards to conflicts of laws principles thereof. You and the Company also agree and
hereby submit to the filing of any claim only in the exclusive personal jurisdiction and
venue of IDAHO and any legal proceedings shall be conducted in English. The
Company makes no representation that materials on this Site are appropriate or
available for use in other locations, and accessing them from territories where their
contents are illegal is prohibited.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission Rules if this Site allows
posting and posts such Rules. This Agreement constitutes the entire agreement
between the parties related to the subject matter thereof, supersedes any prior or
contemporaneous (oral, written or electronic) agreement between the parties and shall
not be changed except by written agreement signed by an officer of the Company. If any
provision of this Agreement is prohibited by law are held to be unenforceable, the
remaining provisions hereof shall not be affected, and this Agreement as much as
possible under applicable law shall continue in full force and effect as if such
unenforceable provision had never constituted a part hereof and the unenforceable
provision shall be automatically amended so as to best accomplish the objectives of
such unenforceable provision within the limits of applicable law.
This Site reserves the right to revise these provisions at its discretion, so check back
from time to time to be sure you are complying with the current version.