1. Intellectual Property Notices
All content on the Site, including the logo, articles, other text and graphics (collectively, the “Site Content”) is the intellectual property of Upstream Principles or its licensors. The Site Content available on this Site are protected by trademark, trade dress, copyright, and patent laws of the U.S. The Site Content may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of Upstream Principles. You may view, print, copy, and download portions of the Site Content solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. Upstream Principles reserves the right to revoke this authorization at any time.
You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any software except and only to the extent that such activity is expressly permitted by Upstream Principles.
2. Eligibility to Use the Site
You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from Upstream Principles; (c) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; and (d) that you understand that the use of the Site is at your own risk. The Site Content on Upstream Principles may not be appropriate or functional for use outside the United States of America. Users located outside the United States use the Site understanding this limitation.
3. General Terms and Conditions
As part of your use of the Site, you may be required to submit certain content (including any name, contact information, business information, and other personal information) (“User Content”). By submitting any information to us, you represent and warrant that such submission is accurate, complete, current, and is not in violation of any contractual restrictions or other third-party rights.
Upstream Principles exercises no control over any content you or others submit while using the Site. While we reserve the right to, we are not obligated or responsible for monitoring, editing, screening, or removing any content you or others submit while using the Site. Upstream Principles has no obligation to verify the identity of any Users when they are connected to Upstream Principles or to supervise the content which has been provided by Users. We may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise misappropriating your information, you must immediately inform Upstream Principles by contacting us at the information provided below.
4. Prohibited Conduct
You expressly agree to refrain from doing, either personally or through an agent, any of the following:
- Use any device, robot, spider, script, automated process, or manual process or other means to harvest information about other Users or any Site Content.
- Transmit, install, upload or otherwise transfer any virus, malware, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site.
- Transmit, install, upload or otherwise transfer any virus, malware, or other item to the Site that in any way affects the use, enjoyment or service of any User's or any Upstream Principles employee's computer or other medium used to access the Site.
- Transmit, install, upload or otherwise transfer any material to the Site that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive. Upstream Principles reserves the sole discretion to determine the nature of the material.
- Transmit, install, upload or otherwise transfer to the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
- Modify the information, including headers, found on the Site.
- Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication, including but not limited to spam, and phishing emails.
- Engage in any action that imposes an unreasonable or disproportionately large load on the Site, or that Upstream Principles determines is detrimental to the use and enjoyment of the Site.
- Use the Site for any unlawful or defamatory means.
- Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
You acknowledge and agree that we may send you information and notices regarding our services by email or through other means. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about our services. You acknowledge, consent and agree that we may access, preserve, and disclose your information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Upstream Principles, its Users and the public.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS UPSTREAM PRINCIPLES AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY ARISING OUT OF YOUR USE OF OR CONNECTION TO THE SITE (INCLUDING ANY USE BY YOU ON BEHALF OF A THIRD PARTY). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, AT ANY TIME, AND FOR ANY REASON, AS ALLOWED BY LAW, OR FOR ANY OTHER REASON.
6. DISCLAIMER OF WARRANTIES
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE, AND THE SITE CONTENT IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE SITE CONTENT AND ANY SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. UPSTREAM PRINCIPLES DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. UPSTREAM PRINCIPLES MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE, ANY CONTENT ON THE SITE, OR ANY SERVICES.
UPSTREAM PRINCIPLES MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, SITE CONTENT, INFORMATION, OR OTHER MATERIAL(S) OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED. IN PARTICULAR, THE SITE’S OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. UPSTREAM PRINCIPLES DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, UPSTREAM PRINCIPLES DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
UPSTREAM PRINCIPLES IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF COMMENTS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE. IN ADDITION, WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO NONINFRINGEMENT, WHETHER EXPRESS OR IMPLIED. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
UPSTREAM PRINCIPLES DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SITE BY OTHER USERS. THEREFORE, UPSTREAM PRINCIPLES DISCLAIMS ALL LIABILITY FOR INACCURATE INFORMATION; FRAUD; NEGLIGENCE; WILLFUL MISCONDUCT; OR ANY OTHER INAPPROPRIATE USE OF THE SITE.
Upstream Principles does not guarantee and is not obligated to guarantee the availability, accessibility, or usability of our site. Upstream Principles, in our sole discretion, may interrupt the availability, accessibility, or usability of our Services, without notice, at any time, without any liability.
7. LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULL EXTENT PERMITTED BY LAW, UPSTREAM PRINCIPLES IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF UPSTREAM PRINCIPLES HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) THE SITE CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY OR DISTRIBUTE.
8. Advertisements and Promotions
Upstream Principles may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Upstream Principles found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Upstream Principles is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Upstream Principles advertisers on the Site.
9. Third-Party Content
You may find links to other Internet sites or resources on the Site. You acknowledge and agree that Upstream Principles is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Site Content, advertising, products, or other materials on or available from such sites or resources. Upstream Principles will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Site Content, goods or services available on or through any such site or resource.
10. Use of Third-Party Applications and Services
Upstream Principles uses third-party applications, hardware, software, and services in providing the Site's functionality to you. For the purposes of providing the Site's functionality to you, Upstream Principles may deliver pass data, including, but not limited to, User Content, to such third parties.
11. Controlling Law
12. Entire Agreement
For any questions, comments or inquiries, you may contact us at email@example.com.