Please read the Terms of Use carefully before you start to use the Site. By using this Site, you agree to be bound by all of the terms, conditions and notices contained or referenced in these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Site.
CLASS ACTION WAIVER: YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Acceptance Through Use. This www.utahbusiness.com [AO1] is operated by Utah Business (“Operator ”, “Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, including but not limited to, the Privacy Statement[AO2] , the Notice and Take Down [AO3] and all other terms, if any, posted elsewhere at the website, (collectively, “Terms of Use”), govern your access to and use of website[AO4] , including any content, functionality, or purchase of services or items offered on or through website[AO5] and all affiliated mobile apps (collectively the “Site”), whether as a guest or a registered user and are entered into by and between you and us. Any reference to the “Additional Terms and Conditions” refers to Notice and Take Down and any others Terms of Use if expressly referenced in these Terms of Use.
2. No Use by Children. The Site is not directed to, or intended for use by, children (defined as anyone younger than 18). Children should not use the Site or submit any information to Operator. We do not knowingly collect personal information from anyone younger than 18. If you are younger than 18, do not use or provide any information on this Site or through any of its features, register on the Site, make any offers or purchases through the Site, use any of the interactive or public comment features of this Site, or provide any information about yourself to us, including your name, address, telephone number, e-mail address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child younger than 18 without verification of parental consent, we will delete that information. If you believe we might have any information from anyone younger than 18, please contact us at legal@utahbusiness.com.
3. Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Choice of Law and Venue section of these Terms of Use will not apply to any disputes for which we have actual notice on or before the date the change is posted on the Site.
Your continued use of the Site following the posting of revised Terms of Use means you accept and agree to the changes. You are expected to check this page each time you access this Site so you are aware of any changes as they are binding on you.
4. Changes to the Site. We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
5. Accessing the Site and Account Security. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for: (1) making all arrangements necessary for you to have access to the Site; and (2) ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the site, is governed by our Privacy Statement and you consent to all actions we take with respect to your information consistent with our Terms of Use.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You may not share passwords. Your right to access the Site is an individual, non-transferrable right. You also acknowledge your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
6. Information About You and Your Visits to the Site. All information we collect on this Website is subject to our Privacy Statement. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.
7. User Submitted Content. This Site may contain message boards, chat rooms, personal profiles, forums, bulletin boards, classified ads that include functionalities to send messages authored by you and to receive messages authored by other users, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post” or “posted”) content or materials (collectively, “User Content”) on or through the Site.
If you post any content or other materials to the Site, including any audio or video files, classified advertisements or personal information (collectively, “Your Content”), you affirm, represent and warrant that (1) you own or otherwise control all right, title and interest in and to Your Content, including the copyright thereto, (2) none of the materials included in Your Content are defamatory, libelous, obscene or pornographic; Your Content complies with these Terms of Use, (3) use of Your Content as provided in these Terms of Use will not violate any legal rights (tangible or intangible) of any third party, and (4) you have the right to grant the license in the following sentence to us, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You hereby grant Operator, our affiliates, our designees, our service providers, and each of their and our respective licensees, successors, and assigns a perpetual, worldwide, royalty-free, non- exclusive, transferable, sublicensable license (the “License”) to use, reproduce, modify, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, prepare derivative works and otherwise disclose to third parties any of Your Content for any purpose in connection with the Site or the conduct of Operator’s business in any formats and through any media channels. Operator may monitor Your Content as it appears on the Site and may edit or delete Your Content at any time and for any or no reason without your permission, or in accordance with the Content Standards set out in these Terms of Use. Do not post Your Content if you are not willing to agree to these Terms of Use.
You understand and acknowledge that you are responsible for Your Content you post and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you, including Your Content, or any other user of the Site. This includes, but is not limited to, all information posted by any users, including you, to the classifieds section of the Site. With respect to the classified section of the Site, we do not independently verify the title or ownership for the products sold, make any representation or warranties as to the sellers of products or services, we do not verify the accuracy of any of the User Contributions related to any products for sale or services for hire, we do not screen or verify any of the parties posting User Contributions, including Your Content, or otherwise screen parties: posting content to the classifieds section, sending messages to other users, any of the User Content, or any of the products or services posted in the classified section.
All User Contributions including Your Content must comply with the Content Standards set out in these Terms of Use.
8. Linking to the Site and Social Media Features.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it or claim you are our agent or representative, but you must not establish a link in such a way as to suggest any form of affiliation, association, approval, sponsorship, or endorsement on our part without our prior express written consent.
This Site may provide certain social media features that enable you to:
● Link from your own or certain third-party websites to certain content on this Site.
● Send e-mails or other communications with certain content, or links to certain content, on this Site.
● Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
● Establish a link from any website that is not owned by you.
● Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
● Link to any part of the Site other than the homepage.
● Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
9. Links to Third Party Sites. The Site may contain links to websites operated by third parties. This includes links contained in advertisements, including banner advertisements and sponsored links. These links do not constitute or imply an endorsement, affiliation or a nexus with the linked site. The linked sites may appear to be integrated into the Site but are not under Operator’s control. Operator is not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from these Terms of Use. You should review the policies of a linked site before making a decision to use that site. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
10. Intellectual Property. Unless otherwise indicated, you acknowledge that all content (other than Your Content), materials, features, and functionalities (including but not limited to all information, software, text, displays, images, video, audio, the design, selection and arrangement thereof) available at the Site are owned by Operator and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other intellectual property or proprietary rights and laws. You may only access and use the Site as expressly permitted in these Terms of Use and for no other purpose. You may download, print or view individual pages at the Site for private individual, noncommercial use, provided you do not delete, change or otherwise modify any of the information displayed or accessible through the Site, including any copyright or trademark notices.
You are prohibited from datamining, screen scraping, web scraping, web crawling, or using any automated device, script, technology or processes that automatically queries or otherwise retrieves data from the Site, or from using any other method to access, to collect, to share or otherwise to obtain any information from the Site without first obtaining the Company’s prior written consent, which consent may be withheld and withdrawn by Us at any time, with or without notice, and in Our sole discretion.
Except for as expressly provided for herein, you may not use the Site for any commercial purpose. [AO6] This includes creating websites or media with the information displayed on this Site. Except for as expressly provided herein, these[AO7] Terms of Use permit you to use the Site for your personal, non-commercial use only.
Except as authorized by Operator’s prior written notice determined on a case-by-case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, republish, download, store, adapt, edit, or create derivative works from any of the material on or accessible through our Site except as follows:
● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
● You may store files automatically cached by your Web browser for display enhancement purposes.
● You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
● If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non- commercial use, provided you agree to be bound by our end user license agreement for such applications.
● If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
● Modify copies of any materials from this site.
● Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
● Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
● Engage in the systematic retrieval of any of the materials on or accessible through our Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without the prior written permission of Operator. All logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without Operator’s prior written permission. Operator’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.
If you violate any of the provisions of this section of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
11. Trademarks. The Company name, and terms using the trademarks of the Company, including Cougar Fan the Company logo, and all related names, logos, product and service names, designs, and slogans (whether or not formally registered) are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
12. Prohibited Uses: You may use the Site for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
● In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
● To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
● To transmit, or procure the sending of, any advertising or promotional material.
● To transmit, or procure the sending of, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.
Additionally, you agree not to:
● Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
● Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
● Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
● Use any device, software, or routine that interferes with the proper working of the Site.
● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
● Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of the Site.
13. Monitoring and Enforcement; Termination: We have the right to:
● Remove or refuse to post any User Contributions, including Your Content, for any or no reason at our sole discretion.
● Take any action with respect to any User Contribution, including Your Content, that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution, including Your Content, violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
● Disclose your identity or other information about you to any third party, including but not limited to law enforcement officials, that claim that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
● Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS PARENT, AND ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, AND OTHER USERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review any material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
14. Content Standards
These content standards apply to any and all User Contributions, including Your Content, and use of Interactive Services. User Contributions, including Your Content must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations and will be assessed and evaluated in our sole discretion. Without limiting the foregoing, User Contributions, including Your Content, must not:
● Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
● Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
● Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
● Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
● Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
● Be likely to deceive any person.
● Promote any illegal activity, or advocate, promote, or assist any unlawful act.
● Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
● Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
● Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising except as expressly permitted.
● Give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.
15. Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to federal copyright law, if you believe copyrighted work is available at the Site in a way that constitutes copyright infringement, please review the Notice and Take Down materials for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
16. Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site includes content provided by third parties, including materials provided by other users, bloggers, parties buying and selling goods and services, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
17. Online Purchases and Other Terms and Conditions. All purchases at or through our Site or other transactions for the sale of goods, or services, or information formed through the Site, or resulting from visits made by you, are governed by the relevant provisions of these Terms of Use.
18. This Site Does Not Provide Medical Advice. Any content on this Site, such as text, graphics, images, information obtained from, or contained on this Site are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site! The owner and operator of this site do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by the Operator, including their employees, contractors or others appearing on the Site at the invitation of the Operator, or other visitors to the Site is solely at your own risk. If you think you may have a medical emergency, call your doctor or 911 immediately.
19. This Site Does Not Provide Legal Advice. Any content on this Site such as text, graphics, images, information obtained from, or contained on this Site is for informational purposes only and is not legal advice. Information contained on this Site is not intended to create, and receipt of any information does not constitute, a lawyer-client relationship. You should NOT rely upon any legal information or opinions provided herein. You should not act upon this information without seeking professional legal counsel. Operator expressly disclaims all liability in respect to actions taken or not taken based on the content of this website. You are solely responsible for any legal decisions or actions you take or omissions you commit. Operator is not and shall not have any liability for your legal decisions based upon, or the results obtained from, the content on the Site.
20. This Site Does Not Provide Financial or Investment Advice. Any content on this Site such as text, graphics, images, information obtained from, or contained on this Site should not be interpreted as financial or investment advice. Information contained on this Site is not intended, nor should it be interpreted, as creating any kind of investment advisor or financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein. You should consult with your investment advisor or conduct your own research before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions, or actions you take. Operator is not and shall not have any liability for your financial/investment decisions based upon, or the results obtained from, the content on the Site.
21. Consent to Contact, Monitoring of Messages and Call Recording
We may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) poll your opinions through surveys or questionnaires; or (v) as otherwise necessary to service your account or enforce these Terms of Use, our policies, applicable law, or any other agreement we may have with you. We may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our Privacy Statement, we may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. You may opt-out of a specific text marketing campaign by replying “STOP” to such marketing text message.
We may share your telephone number with our authorized service providers as stated in our Privacy Statement. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Us to carry out the purposes identified above.
We may, without further notice or warning and in our sole discretion, monitor, review or record telephone conversations you or anyone acting on your behalf has with us or our agents or using telephone numbers provided on our Sites. You (i) consent to the monitoring or recording, at any time and from time to time, by us, and (ii) waive any further notice of such monitoring or recording.
We may, without further notice or warning and in our sole discretion, monitor, review or analyze any communication sent through our platform, including, but not limited to, texts, emails, calls, and message center messages. Our automated systems scan and analyze the contents of every message sent through our message platform, including messages, texts, and emails between users to, without limitation, detect and prevent fraudulent activity or violations of these Terms of Use, including the incorporated terms, notices, rules, and policies, improve Operator’s platform, products and services, and provide targeted advertising to you.
Our automated systems scan and analyze all incoming and outgoing communications content sent and received through our platform and to and from your account including messages, texts, and emails and including those stored on our platform or in your account to, without limitation, provide personally relevant product features and content, to match and serve targeted advertising or other advertising to you, and for spam and malware detection, abuse protection, to detect and prevent fraudulent activity or violations of these Terms of Use, including the incorporated terms, notices, rules and policies, as well as to improve Operator’s platform, products, and services. By scanning and analyzing such communications content, Operator collects and stores the data. Unless expressly stated otherwise, you will not be allowed to opt out of this feature. If you consent to these Terms of Use or the Classified Terms of Use and communicate with non-Operator users using the Services, you are responsible for notifying those users about this feature. This scanning and analysis may occur before, during, or after the message, text or e-mail is sent, or while in storage, and may result in your message, text or e-mail being delayed or withheld. We may store message, text or e-mail contents, including to conduct this scanning and analysis set forth herein.
This may result in a manual review of messages, texts and e-mails sent through our messaging tools. This scanning and analysis may occur before, during, or after the message, text or e-mail is sent, or while in storage, and may result in your message, text or e-mail being delayed or withheld. We may store message, text or e-mail contents, including to conduct this scanning and analysis set forth herein.
22. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that the files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOU AGREE THAT THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE “ SITE MATERIALS” ), ARE PROVIDED ON AN “ AS IS”, AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE WARRANTIES OF TITLE AND NON- INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS (INCLUDING BUT NOT LIMITED TO ANY SITE MATERIALS THAT YOU DOWNLOAD) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT OR THROUGH THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL OPERATOR, OR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, INCLUDING USER CONTENT AND YOUR CONTENT, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, ANY SERVICES OR ITEMS OBTAINED AT OR THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
24. Failure of Essential Purpose. You acknowledge and agree that the provisions hereof that limit liability, disclaim warranties, or exclude consequential damages or other damages or remedies are essential terms of this Agreement that are fundamental to our understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions and shall be enforced as such, regardless of any breach or other occurrence hereunder. Without limiting the generality of the foregoing, you agree that all limitations of liability, disclaimers of warranties, and exclusions of consequential damages or other damages or remedies shall remain fully valid, effective and enforceable in accordance with their respective terms, even under circumstances that cause any exclusive remedy under this Agreement to fail of its essential purpose.
25. Indemnification. You agree to defend, indemnify, defend, and hold harmless Operator, parent companies, subsidiaries, affiliates, divisions, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including but not limited to, Your Content, use any of the Site’s services and products obtained at or through the Site, use of any of the Site’s content, including but not limited to User Content other than as expressly authorized by these Terms of Use, or your use of any information obtained at or through the Site.
26. International Use. The Site is intended for use by legal U.S. residents residing within the geographic borders of the United States. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. Operator makes no representation that the Site or the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site or using any of the Site Materials from any jurisdiction where access or use is illegal is prohibited.
27. Choice of Law and Venue
All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah, without giving effect to any choice or conflicts of law provision or rule (whether of the State of Utah or any other Jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in Salt Lake City, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
28. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED AT THE EARLIER OF ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE RELEVANT STATUTE OF LIMITATION UNDER UTAH OR FEDERAL LAW PROVIDED THAT IF SUCH STATUTE OF LIMITATIONS ALLOWS FOR MODIFICATION BY CONTRACT THEN SUCH TIME LIMIT TO FOR ANY CAUSE OF ACTION OR CLAIM SHALL BE ONE (1) YEAR; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
29. Integration, Severability and No Waiver. These Terms of Use, along with the Privacy Statement, the Notice and Take Down and any other terms expressly incorporated by reference posted elsewhere at the Site, if any, constitute the entire agreement between Operator and you with respect to the Site and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision of the terms referenced in the prior sentence are held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provisions shall be eliminated or limited to the minimum extent such that the remaining provisions of the previously referenced agreements will continue in full force and effect. No waiver by the Operator of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Operator to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
30. Order of Precedence: In the event of conflict between the Terms of Use with the Privacy Statement, the terms of the Privacy Statement shall govern.
31. Contact Information. Questions concerning these Terms of Use or the Site should be directed to legal@utahbusiness.com. All notices of copyright infringement claims should be sent to the copyright agent designated in our Notice and Take Down in the manner and by the means set out therein.
NOTICE AND TAKE DOWN PROCEDURE
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe copyrighted work is available on this website in a way that constitutes copyright infringement, you may notify the following designated agent of Utah Business (“Operator”) in writing:
Utah Business
55 North 300 West Suite 400
Salt Lake City UT 84101
Attn: Legal Department
Your written notification (the “Notification”) to the above-referenced designated agent must include substantially all of the following:
a. Identification of the copyrighted work that is the subject of the claimed infringement or, if multiple copyrighted works are involved, a representative list of the works;
b. Identification of the allegedly infringing material, together with information reasonably sufficient to permit Operator to locate the material;
c. Information reasonably sufficient to permit Operator to contact you, such as your name, address, telephone number and email address;
d. A statement by you that you have a good faith belief that the copyrighted work identified in the Notification is being used in a manner that is not authorized by the copyright owner, its agent or the law;
e. A statement by you, signed under penalty of perjury, that the information contained in the Notification is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that is allegedly being infringed; and
f. A physical or electronic signature of the owner of the copyrighted work or a person authorized to act on its behalf.
Upon receipt of a Notification containing substantially all of the foregoing, Operator will take the following steps:
a. Remove or disable access to the allegedly infringing material;
b. Forward the Notification to the alleged infringer (the “Impacted Party”); and
c. Take reasonable steps to promptly notify the Impacted Party that Operator has removed or disabled access to the allegedly infringing material.
The Impacted Party may submit a counter notification in writing to the above-referenced designated agent of Operator. The written counter notification (the “Counter Notification”) must include substantially all of the following:
a. Identification of the allegedly infringing material that was removed or disabled by Operator and the location where the material appeared before it was removed or access to it was disabled;
b. A statement under penalty of perjury that the Impacted Party has a good faith belief that the allegedly infringing material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
c. The Impacted Party’s name, address and telephone number and a statement that the Impacted Party consents to the jurisdiction of the United States federal district court for the judicial district in which the address provided by the Impacted Party is located and will accept service of process from you. If the Impacted Party is located outside the United States, the Impacted Party must include a statement that it consents to the jurisdiction of any United States federal district court in which Operator may be found; and
d. A physical or electronic signature of the Impacted Party.
Upon receipt of a Counter Notification containing substantially all of the foregoing, Operator will take the following steps:
a. Send you a copy of the Counter Notification;
b. Inform you that it will replace the allegedly infringing material or cease disabling access to it within ten (10) business days; and
c. Replace the removed allegedly infringing material or cease disabling access to it not less than ten (10) nor more than fourteen (14) business days following receipt of the Counter Notification, provided you have not supplied the designated agent with evidence that you have filed an action seeking a court order to restrain the Impacted Party from engaging in the infringing activity that was the subject of the Notification.
Operator’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.