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TERMS AND CONDITIONS OF USE
BEFORE USING THIS SITE. By using this Site, you signify your assent
to these Terms and Conditions of Use ("Agreement)
and agree to comply with all applicable laws and regulations, including
U.S. export and re-export control laws and regulations. If you do not
agree to this Agreement, please do not use the Site. THIS AGREEMENT
SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE
OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS OF ANY STATE
OR JURISDICTION. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL
BE BROUGHT IN AUSTIN, TEXAS AND USER HEREBY CONSENTS TO THE JURISDICTION
OF SUCH COURTS.
1. This web site ("Site") is
owned and operated by switchup.org ("switchup.org").
The Site and its contents may only be accessed for personal use. No
material from switchup.org or any web site owned, operated, licensed or
controlled by switchup.org may be used for any commercial or resale purposes.
Furthermore, no materials may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, except that you may
download one copy of the materials on any single computer for your personal,
non-commercial use only, provided you keep intact all copyright and
other proprietary notices. Modification of the materials or use of the
materials for any other purpose is a violation of switchup.org's copyright
and other proprietary rights.
2. All trademarks, service marks, and
trade names (collectively, the "Marks") are proprietary to
switchup.org or other respective owners which have granted switchup.org the
right and license to use such Marks. Any use of content or descriptions,
any derivative use of this Site or its contents, and any use of data
mining, robots, or similar data gathering and extraction tools is strictly
prohibited. In no event shall the user frame any portion of the Site
or any content contained therein.
3. switchup.org makes no warranties or representations
as to the accuracy of information on this Site. switchup.org assumes no
liability or responsibility for any errors or representations in the
content of this Site.
4. The Site may contain links to other
sites on the Internet which are owned and operated by Third Party Vendors
and other third parties (the "External Sites"). You acknowledge
that switchup.org is not responsible for the availability of, or the content
located on or through, any External Sites. You should review the External
contact the site administrator or webmaster for those External Sites
if you have any concerns regarding such links or the content located
on such External Sites.
5. Users of the Site may post comments,
reviews, and other content and submit suggestions, ideas, or other information,
provided the content does not contain any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, or hateful content
or content which is racially, ethnically or otherwise objectionable,
or content which infringes upon the rights of any third party. The user
agrees not to impersonate any person and/or other entity or communicate
under a false name or a name the user is not entitled or authorized
to use. switchup.org has the right (but not the obligation) to remove, prohibit,
edit or discontinue any content on the Site, including content that
has been posted by users.
6. If you post content or submit material
you grant switchup.org and its affiliates a perpetual, irrevocable, worldwide,
royalty-free, non-exclusive, sublicensable right and license to make,
use, sell, sublicense, reproduce, distribute, perform, display, modify,
prepare derivative works from and otherwise exploit all such content
and material as if it were the full owner thereof. Furthermore, you
grant switchup.org, its affiliates, and sublicensees the right to use your
name and/or user name in connection with the content. You represent
and warrant that all content and materials you provide shall be your
original work product and will not be based on, or derived from, the
proprietary information or items of a third party. You will defend and
indemnify switchup.org and its affiliates from any claims resulting from
any content or materials you provide hereunder.
7. The Site contains areas in which additional
terms and conditions apply. For purposes of the use of such areas, in
the event of a conflict between the terms and conditions of such other
areas and this Agreement, the terms and conditions of the other area
shall prevail. switchup.org may at any time revise this Agreement
by updating this posting. You are bound by any such revisions and should
therefore periodically visit this page to review the current Agreement
to which you are bound.
8. You shall not transmit to switchup.org
or upload to this Site any Harmful Code or use or misappropriate the
data on this Site for your own commercial gain. "Harmful Code"
shall mean any software (sometimes referred to as "viruses",
"worms", "trojan horses", "time bombs",
time lock"s, "drop dead devices", "traps",
"access codes", "cancelbots" or "trap door
devices") that: (a) is intentionally designed to damage, disrupt,
disable, harm, impair, interfere with, intercept, expropriate or otherwise
impede in any manner, any data, storage media, program, system, equipment
or communication, based on any event, including for example, but not
limited to, (i) exceeding a number of copies, (ii) exceeding a number
of users, (iii) passage of a period of time, (iv) advancement to a particular
date or other numeral, or (v) use of a certain feature; or (b) would
enable an unauthorized person to cause such result; or (c) would enable
an unauthorized person to access another person's information without
such other person's knowledge and permission.
9. Password. You may not use your password
for any unauthorized purpose or share your password with any third party.
10. Termination. We may terminate your
access to our Site for any reason.
11. U.S. Government Users Restricted
Rights. Use, duplication, or disclosure by the Government is subject
to restrictions as set forth in applicable laws and regulations. Use
of the materials by the Government constitutes acknowledgment of switchup.org's
proprietary rights in them. switchup.org Site pages may contain other proprietary
notices and copyright information which should be observed.
12. THE MATERIALS ON THIS SITE ARE PROVIDED
"AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
WWW.switchup.org SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR
MATERIALS POSTED ON THE SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT
TO THE APPLICABLE LAW, WWW.switchup.org DISCLAIMS ALL WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION
OF RIGHTS. THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER
PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
WWW.switchup.org IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER
DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION,
VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
13. UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, SHALL WWW.switchup.org OR ITS THIRD PARTY LICENSORS
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING
OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE,
EVEN IF WWW.switchup.org OR A WWW.switchup.org AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING,
IN NO EVENT SHALL WWW.switchup.org BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER
IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT,
STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED
$10 AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
Last Updated: February 1, 2015
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.