Terms & Condition

OVERVIEW

UPTITEK, together with its wholly owned subsidiaries (collectively "UPTITEK") have created, own, and operate multiple websites, the UPTITEK websites allow you ("You" or "Your") and other UPTITEK software experts, developers, users, and other interested parties (each, a "User" and collectively, "Users" ) to engage in a variety of activities, such as find information, purchase and/or research UPTITEK and related software and services, obtain support for UPTITEK software and services, share information with UPTITEK and third parties, The Websites also include information created and published by UPTITEK (“UPTITEK Materials”) and third parties (“User Content”), such as text, images, photographs, graphics, audio and video, data, code, and software (collectively, the UPTITEK Materials and User Content are referred to as “Content”).

SITE USE

Information provided on the Site and related to our service of Software Provision is subject to change. Company makes no representation or warranty that the information provided is accurate.In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others. You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges. Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.

INTELLECTUAL PROPERTY

All intellectual property and all rights, interest, benefit and title in and to the Services (including but not limited to all derivative products and improvements), or any part thereof, remain vested in UPTITEK and Client shall have no rights, claim or grounds of action whatsoever in respect thereof. Company undertakes not to copy, modify or reverse compile any UPTITEK software or UPTITEK alliance software and not to deal with the same without the prior written permission of UPTITEK

LIMITATION OF LIABILITY

CLIENT SHALL SAVE HARMLESS, DEFEND AND INDEMNIFY UPTITEK AGAINST ANY AND CLAIMS IN RESPECT OF (I) INJURY, SICKNESS OR DEATH OF CLIENT'S PERSONNEL (INCLUDING CLIENTS AGENTS AND SUBCONTRACTORS) AND/OR (II) LOSS OR DAMAGE TO PHYSICAL PROPERTY OWNED, HIRED, SUPPLIED OR PROVIDED BY CLIENT ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF SERVICES (WHETHER OR NOT CAUSED BY THE BREACH OR NEGLIGENCE OF UPTITEK). UPTITEK SHALL SAVE HARMLESS, DEFEND AND INDEMNIFY CLIENT AGAINST ANY AND ALL CLAIMS IN RESPECT OF INJURY, SICKNESS OR DEATH OF UPTITEK PERSONNEL ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF SERVICES (WHETHER OR NOT CAUSED BY THE BREACH OR NEGLIGENCE OF CLIENT)

THIRD PARTIES

The Site and the Service may contain links to third party websites and resources. Y ou acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources..

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, legal fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of [COUNTRY], exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by mediation at RESOLUTION INSTITUTE. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be [COUNTRY] and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of [COUNTRY], exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by mediation at RESOLUTION INSTITUTE. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be [COUNTRY] and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

MISCELLANEOUS

Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.

These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.

The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.

By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.

CHILDREN

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.

Updated: November 2017