Kindly go through the following term/terms of use carefully.
Upgrade Stations, its affiliates and subsidiaries ("Upgrade Stations" "we," or "us"), request all our visitors of our sites, and users of our mobile apps stick to the mentioned term/terms of use and conditions. By visiting and making usage of our site, you accept, on your behalf or on the behalf of a corporation/corporations or any other legal organization that you may represent and for which you are accessing the website, to comply and to follow the given term/terms of use and conditions and to adhere with all the applicable or mentioned laws and regulations. In case you don’t agree or accept these term/terms of use, you should refrain yourself from using this site. BY USING AND ACCESSING OUR SITE, YOU ACCEPT AND AGREE TO COMPLY WITH THESE TERMS.
We can change our Terms at any point in time, and all these changes will become effective almost immediately. We may or may not post the notice for such changes on the site. Therefore, we recommend you to view these term/terms of use from time to time and remain informed about the changes that might impact you. If you use our website, it constitutes, you are agreeing to these term/terms of use and the amendments. We reserve the rights to make a change or the changes that we think and deem necessary to the website and to any data, information, text, databases, images, graphics, logos, audio clips, sound recordings, video materials, software, services, features and other elements of the website (all such compilation, collection, materials or arrangements, the "Content").
2.1 You can access and choose to use the website only for your own personal use. Other access or usage of the website and also its content leads to violations of the term/terms of use and can violate mentioned or applicable trademark, copyrights or some other law/s. We try to provide and stick to appropriate contents for the usage of website in the United States. In case you access the site from locations or regions present in some country other than the United States, you are doing this at your own accord and your own risk. In such circumstances you have to comply with the applicable local law/s.
2.2 You cannot access, or use, and not even copy a part of the website and also its content with the use of any bot, scrapers, spiders, indexing agents, web crawlers, or any other automated mechanisms or devices. You will not modify or remove any trademark legend or copyright notice, authors’ attributions, or any notice placed onto the site or contained within content. Without our authorization you are not eligible to reproduce, duplicate, redistribute, copy, sell, or exploit any part of the website and also its content for commercial purposes.
2.3 You accept the representation of all the information that you give to us related to your access and usage of our website is accurate, complete, and true according to your knowledge.
The information you give to us on the website or we collect from you or your Company is subject to the Privacy Policy of our website. We recommend you to read it and make yourself familiar with its points.
You agree and understand that we own, or we make use of third party websites and services, title, all rights to the website and its content. You should acknowledge and also agree that content of the website constitutes the valuable proprietary information which is protected by the intellectual property and other proprietary rights and laws of the United States or other countries. You also don’t acquire ownership interests by using the website and also its content. Such proprietary rights and intellectual property include, trademarks, copyrights, trade dress, service marks, and trade secrets, and all the rights are property of Upgrade Stations.
5.1 Upgrade Stations and its subsidiaries reserve the rights, in their sole discretion, in order to terminate the access of any visitor to a part or all of the website, without liability or notice, for any reason, including, but not just these: (a) unauthorized usage of an username and password; or (b) breach of an agreement between Upgrade Stations and you, including, but not just these, the terms and privacy policy. Even after such termination, you will still be bound to the terms for your old usage of the website.
5.2 When notified about your terminated access, you must delete and destroy every material you have got from the website. In case your account has been terminated you may not be able to access the website without our team’s written approval. Upgrade Stations will retain each and all rights, after termination of your account, including the proprietary rights, intellectual property rights, and license/licenses present in term/terms of use.
If you authorize any other person to access or use our website through your account, you will be responsible for the person and his compliance with all regulations, policies of the relevant jurisdictions, and applicable laws, including every applicable local regulation regarding your online conduct. Apart from the applicable laws and regulations as mentioned before, neither your company nor you can allow a person to do the following things-
(a) Usage of the website’s content in unlawful manner or for unlawful purposes;
(b) Not to transmit viruses through or on the website’s posts, Trojan horses, time bombs, worms, cancelbots, adware, malware, or any other programming contents that may or will surreptitiously intercept, interfere with, expropriate or damage any personal information, data, or System;
(c) Causing a disproportionately or an unreasonably massive load on the website, which can inhibit or interfere with other users of this website from efficiently using or fully enjoying the website;
(d) Make use of the website to transmit or post any fraudulent, unlawful, defamatory, obscene, libelous, pornographic, threatening, profane, hateful, offensive, abusive, harassing, or any other objectionable comments or information in any of the ways;
(e) Make use of the website to transmit or post an information that is threatening another's publicity rights, privacy or basic rights of the others; and
(f) Make use of the website to transmit or post any solicitations, advertisements, chain letters, investment opportunities, pyramid schemes, or unsolicited communication for commercial purposes.
7.1 By disclosing your personal data to us, consisting computer files, documents, comments graphics, ideas, suggestions, or any other information, through your usage of the website, you authorize Upgrade Stations to make copies of this information, as when we find necessary, to facilitate the storage and posting of Submissions on our website. By submitting information, you automatically allow Upgrade Stations a perpetual, irrevocable, transferable, non-exclusive, worldwide and royalty-free license to copy, use, publicly display, publicly perform, reformat, translate, make excerpts and distribute these Submissions for any advertising, commercial, or otherwise purpose, in connection with or on the website or any promotion to prepare derived works of, and incorporate into other’s work, such Submission’s sublicenses can be granted.
7.2 By doing any Submission, you show that you possess all the required rights to, or are authorized for disclosing, all the information present in your Submission. You fully take the responsibility for a Submission made by you and also for its reliability, legality, originality and appropriateness.
In case you believe that our content or the submission is used in a way that it leads to copyright infringement, you can forward it to us at 2605 Jahn Ave NW d7, Gig Harbor, WA 98335, United States
Upgrade Stations takes reasonable measures that are possible commercially as it think appropriate to protect and secure information that is transmitted from and to the website. Nevertheless, we do not and cannot guarantee that such transmissions will be or are totally secure. It is you who will be responsible for keeping the confidentiality and security of an information relating to you, including a username and a password used by you while using the website. You accept to notify Upgrade Stations immediately in case you discover a loss of or access to this information by any third party that is not under your supervision and control. Upgrade Stations is not liable for any damage or loss caused due to an unauthorized usage of the username or password of your account.
10.1 Our website contains hyperlinks to several other websites that are not run or maintained by Upgrade Stations. We are not at all responsible for any content of these external websites or websites and we don’t represent the accuracy, opinions or other links contained in these websites. If any hyperlink is included in our website to external websites, it does not mean that we endorse these websites or their products or their services. The privacy policy and terms of these external websites can differ from those of our website. In case you choose to access an external website via a link present on our website, you will do so completely out of your own accord and risk, and Upgrade Stations will take no responsibility for any damage or loss due to your use of these external websites. As Upgrade Stations is not liable for the content, or availability of these sites, you should contact the admin of these websites in case of any concern. You agree to not to claim or bring any suit against us in case you encounter issues with the use of these external links. Hyperlinks to external websites that are present on the website are never and not intended to suggest that: (a) we are associated or affiliated to these external sites; or (b) the linked website is authorized for the usage of our trade names, trademarks, copyrights, or logos.
10.2 Images of Upgrade Stations logo can be only used for providing link back to our website; any other usage of the Upgrade Stations logo may only be done with our written permission. While linking to our website, you agree to not misrepresent our relationship or present misleading or wrong impressions about us. Not even a single hyperlink to our website can be used to suggest or imply that Upgrade Stations endorses or approves your website, your services and goods or even you. We will take no liability or responsibility for a content present on your site. Not a single hyperlink can appear on a page or pages on your site, in any context of materials or content that can be considered or interpreted as obscene, libelous, or criminal, and that violates, infringes any third party rights.
10.3 We keep the rights, in our discretion and at any point in time, to request you to remove all our hyperlinks or a particular one from your website. We can in our discretion at any time, with any cause or without any cause, take back the permission given to use Upgrade Stations logo and the right to make links or any links to a particular page or pages on the website. You agree to remove almost immediately all the hyperlinks to our website and to stop using Upgrade Stations logo for any linking purposes. Your posting of future hyperlinks after it to the website will need our written permission.
Except any limited permission in order to use Upgrade Stations logo as given in the Term/terms of use, you cannot, without our written permission, make usage of Upgrade Stations service marks or trademarks for other purposes.
The usage of our WEBSITE by your Company or you is at your own sole risk. And according to this, the website and its content are present or are available without the warranties, whether implied or expressed. Specifically Upgrade Stations, our content providers and affiliates don’t warrant (a) The usage of this website or other third party sites will be error free or uninterrupted (b) The usage of this website or third party site will promise or allow you to obtain a particular expected result (c) Any service, content, merchandise or information presented via this website or third party site are current, accurate, reliable of any expected quality or value, or complete (d) any issue or defect in the website and also its content will get corrected and made more accurate (e) The website and its content like image graphics are virus free or are free of other harmful components and disabling devices.
13.1 In case of not a single event Upgrade Stations, its suppliers, contractors, content-providers, or similar entities, or its directors, officers, employees, agents, or representatives, (collectively, "Representatives" of our website), will be responsible to your Company, a third party or you for any damages or losses, legally or otherwise, due to the connection with: (a) your usage of our website or its content; (b) our failure to perform our working and obligations in relation with these given Terms; (c) offensive, illegal conduct of our users or of third party users; or (d) your usage of service or good or their purchase from third parties.
13.2 Under not a single circumstance Upgrade Stations or its representatives will be responsible to your Company, third party or you for any consequential, indirect, incidental, special, punitive or similar losses or damages (including, but also not just it, lost data or profits, loss of reputation, damage to or loss of property, loss of usage, interruption with the business, and claims by third parties) in connection with these Term/terms of use or the usage of the website and also its content , and the information transmitted from or to the website. In the jurisdiction that doesn’t allow the limitation or exclusion of responsibility for any damages, the responsibility of Upgrade Stations and its Representatives are limited according to the Terms permitted by law.
13.3 Without any foregoing’s limitation, if Upgrade Stations or its Representatives are found responsible to a third party or you as a consequence of claims or other matter relating to these Term/terms of use, the website, or your usage of the website, the maximum responsibility for all these claims or other matters will not be more than $100 in any year.
You accept to indemnify or defend Upgrade Stations, and our directors, officers, representatives, agents and employees against and from all demands, claims, proceedings, and other suits and all consecutive loss, liability, damage, expense and cost (including attorneys' fees), due to (a) your Submission; (b) your use of and access to its content, the website, and other products, services and materials available through or on the website and Upgrade Stations; (c) your violations of the Term/terms of use; (d) your violations of the rights of a third party; (e) also your site; and (f) an unauthorized usage of the username, the password, or any other identifiers. Also we keep, and you give us, the rights to assume exclusive control and defense of a matter subjected to indemnification by your company or you.
The mentioned Term/terms of use will be enforced and construed in accordance to the laws of State of Washington. Your Company and you submit to the personal jurisdiction in Washington, and a cause of action under the mentioned Term/terms of use, involving the website, will fall exclusively under the jurisdiction of a court in Gig Harbor,Washington .
YOU HEREBY VOLUNTARILY AND KNOWINGLY WAIVE THE RIGHTS TO THE JURY TRIAL IN ACTIONS, PROCEEDINGS AND SUITS RELATING TO THE TERM/TERMS OF USE AND THE MATTER CONTEMPLATED.
Kindly contact us if you have any questions relating to the website or the Term/terms of use at contact@upgradestations.com.
18.1 The Term/terms of use and privacy policy (each can be amended and revised as deemed necessary by us) both constitute the complete agreement relating to your use of and access to the website and its content.
18.2 Copy stored electronically or in any other ways of these Terms will be considered to be the true, valid, complete, enforceable, and authentic copy, and you agree to never contest the admissibility or enforceability of our exact copy of these Terms in connection with an action or proceeding relating to these Terms.
18.3 Any provision of the Term/terms of use that are invariably intended to outlast termination (consisting, but not just this, any provision relating to limits of our indemnification and responsibility) will carry on in effect beyond termination of the access to this website.
18.4 The Terms don’t confer any remedies, benefits, or rights upon a person other than your company or you.
18.5 We can assign our duties and rights at any time under the Term/terms of use to a third-party without prior notice. You cannot assign the Term/terms of use without the prior consent in written.
18.6 Our claim of a breach of the Term/terms of use will not be the claim of a subsequent breach or proceedings.
18.7 If a provision of the Term/terms of use will be held unenforceable or invalid, that the provision will not affect enforceability and validity of remaining provision.
18.8 Evidence of usage of the website for illegal purposes will be given to the law enforcement authority and authorities.
18.9 As per your sole remedy and right for a dissatisfaction with the website and also its content, you can discontinue to use it.
If you are in a written agreement separately with Upgrade Stations relating to your usage of the website and also its content, that agreement will be effective against these Term/terms of use in a case of conflict.