ACCEPTANCE OF TERMS
Welcome to UltraSaves.com. UltraSaves, Inc. (.UltraSaves.) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
When using particular UltraSaves services, you shall be subject to any posted guidelines or rules. All such guidelines or rules are hereby incorporated by reference into the TOS. UltraSaves may also offer other services that are governed by different Terms of Service, in which case the different Terms of Service will be provided.
UltraSaves currently provides users with access to a rich collection of resources including various game saves, downloads, forums, editorial content, and shopping services through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for UltraSaves to provide the Service. You also understand and agree that the service may include certain communications from UltraSaves, such as service announcements and administrative messages. These communications are considered part of UltraSaves membership and you will not be able to opt out of receiving them unless you are willing to surrender the benefits of your UltraSaves membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new UltraSaves properties, shall be subject to the TOS. You understand and agree that the Service is provided "as is" and that UltraSaves assumes no responsibility for the timeliness, deletion, mis-delivery or failure to publish specific game saves or other services.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
TERMS OF SALE - SALES TO END USERS ONLY
UltraSaves sells products ("Products") to end user customers only.
SALES OF TANGIBLE GOODS: UltraSaves and its affiliates attempt to be as accurate as possible. However, UltraSaves does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by UltraSaves itself is not as described, your sole remedy is to return it in unused condition for the purchased price. All items purchased from UltraSaves are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Any currency conversions are provided as a free service and are not necessarily accurate. All orders will be handled via Google Checkout service and are processed in USD.
SALES OF SERVICES: .Send In. Your Responsibility Regarding Shipping: (1) Initial shipment from you to UltraSaves: It is very important that you properly package your item prior to shipment to us. When shipping your item UltraSaves is not liable for any shipping costs, materials, or postage fees. You further agree that damages that occur during shipping will be sole responsibility of the shipping carrier and that UltraSaves is not responsible for such damages. (2) Final shipment from UltraSaves to you: Upon receipt of returned items from UltraSaves you are responsible for inspecting and noting obvious damages to the package exterior. Where shipped items have received damages internally, or externally you are responsible for reporting this damage to the shipping carrier.
IMPORTANT: DO NOT RETURN DAMAGED MERCHANDISE to UltraSaves. In the event that an incorrect or incompatible item is sent to UltraSaves for the purpose of receiving the Send In Service; the shipping costs incurred by UltraSaves to return the item to the customer will not be refunded. Incorrect or Incompatible items include and are not limited to a) Bootleg/Counterfeit games b) Bootleg/Counterfeit storage devices c.) internally damaged items that require additional repair to receive the service. In the event that insufficient information is provided for the return of the item to the customer; UltraSaves reserves the right to dispose of or assume ownership of said item.
LIMITATION OF LIABILITY DURING SHIPPING: UltraSaves uses USPS as a reliable shipping carrier . UltraSaves Inc. is not responsible for damages that occur during shipping, however damages should be processed using the procedures set forth by USPS.
PRICES
UltraSaves endeavors to offer you competitive prices on current selections. Your total price will include the price of the Product plus any applicable shipping costs, and sales tax (Wyoming residents only). UltraSaves reserves the right to change prices for Products offered at the UltraSaves Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
PRODUCT AVAILABILITY
The UltraSaves Store makes every effort to provide a broad content offering. For this reason, UltraSaves reserves the right to change content options without notice. On occasion, a Product may become unavailable following a transaction but prior to shipment. Your sole remedy in such cases is a refund of the price paid for the unavailable Product.
CONTENT USAGE RULES
Your use of any Products purchased from UltraSaves is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.
10. Purchase of UltraSaves Content
a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., Third party game consoles or other physical media devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and UltraSaves shall be without liability to you in the event of any loss, destruction, or damage.
b. Use of Products. You acknowledge that Products contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.
Usage Rules
(i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
(ii) You shall be authorized to use the Products only for personal, noncommercial use.
(iii) You shall be entitled to export, burn (if applicable) or copy (if applicable) Products solely for personal, noncommercial use.
(iv) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
(v) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
AGREEMENT TO PAY
a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that UltraSaves may charge your credit card for any Products purchased and for any additional amounts (including any taxes, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING ULTRASAVES WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate at the time of purchase.
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
WANTED SAVES
UltraSaves will purchase save files from users for an amount stated on UltraSaves.com. UltraSaves reserves the right to change the stated .payout. amount at any time. By engaging in the checkout process of a Wanted Save and submitting it for verification; you are entering into a binding agreement that will convert ownership of the save file to UltraSaves in exchange for the agreed fee. All Wanted Saves have detailed requirements that are stated on UltraSaves.com to which the save file must adhere. In the event the save file (a) does not meet the stated requirements (b) does not meet the deadline that is stated on UltraSaves.com (c ) is not submitted by the user with the most recent due date, the user will not receive .payout..
OTHER TERMS AND CONDITIONS
UltraSaves is not responsible for typographic errors.
UltraSaves reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
UltraSaves has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that UltraSaves in its sole discretion deems appropriate.
All transactions on the UltraSaves, Inc. website are governed by Federal law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered transactions pass to the purchaser (as applicable) in the United States upon electronic transmission to the recipient. No UltraSaves employee or agent has the authority to vary any of the UltraSaves Store's policies or the terms and conditions governing any sale.
TERMS OF SERVICE
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ULTRASAVES STATING THE TERMS THAT GOVERN YOUR USE OF THE ULTRASAVES SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF ULTRASAVES'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND ULTRASAVES. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS SITE AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND ULTRASAVES MAY REFUSE ACCESS TO THE ULTRASAVES SITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
Definition of the UltraSaves Service. UltraSaves is the provider of the UltraSaves.com (the "Service") that permits you to purchase or download (as applicable) digital content under certain terms and conditions as set forth in this Agreement.
Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that UltraSaves shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that UltraSaves does not guarantee their accuracy.
IMPORTANT RISK INFORMATION. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before playing video games if you have ever suffered these or other symptoms linked to seizures and/or epilepsy, and stop playing immediately and see a doctor if these or similar symptoms occur during game play. Parents should monitor their children.s video game play for signs of symptoms.
System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. UltraSaves may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that UltraSaves may store and use the Registration Data you provide (including any credit card information) for use in maintaining your accounts and billing fees to your credit card (if applicable).
USER ACCOUNT AND SECURITY
a. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify UltraSaves of any unauthorized use of your Account or any other breach of security. UltraSaves shall not be responsible for any losses arising out of the unauthorized use of your Account.
b. Security. You understand that the Service, and products transacted through the Service, include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by UltraSaves ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by UltraSaves for compliance purposes, and UltraSaves reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any illegal means. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
CONDUCT REGARDING USER SUBMITTED CONTENT
You understand that all information, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not UltraSaves, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available. UltraSaves does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will UltraSaves be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially/ethnically offensive or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, an UltraSaves official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in communication exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to copyright and trademark laws;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that UltraSaves may not pre-screen Content, but that UltraSaves and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available. Without limiting the foregoing, UltraSaves and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by UltraSaves or submitted to UltraSaves, including without limitation information in UltraSaves game saves, forums, and in all other parts of the Site.
You acknowledge, consent and agree that UltraSaves may access, preserve, and disclose your account information and Content 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 the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of UltraSaves its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, the United Kingdom or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
You grant UltraSaves the following worldwide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of UltraSaves for example game saves, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content without notice.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Site other than UltraSaves forums, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Site or another service closely associated with UltraSaves.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Site other than UltraSaves forums, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Site are those areas of the UltraSaves network of properties that are intended by UltraSaves to be available to the general public. By way of example, publicly accessible areas of the Site would include UltraSaves forums, Save Shop and other portions of UltraSaves that are open to both members and visitors.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that UltraSaves may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that game saves, message board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on UltraSaves servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that UltraSaves has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that UltraSaves reserves the right to log off or remove accounts that are inactive for an extended period of time. You further acknowledge that UltraSaves reserves the right to modify these general practices and limits from time to time.
INTELLECTUAL PROPERTY
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, audio clips, video clips, and editorial content, contains proprietary information and material that is owned by UltraSaves and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of UltraSaves Content or Other Materials. Notwithstanding any other provision of this Agreement, UltraSaves and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will UltraSaves be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. UltraSaves may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service, including but not limited to, the UltraSaves website (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), are owned by UltraSaves and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d. Trademarks. UltraSaves, the UltraSaves logo, and other UltraSaves trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of UltraSaves in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
TERMINATION
a. Termination by UltraSaves. If you fail, or UltraSaves suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide UltraSaves with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the Service, or infringement or other violation of third parties' rights, UltraSaves, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
b. Termination of the Service. UltraSaves reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and UltraSaves will not be liable to you or to any third party should it exercise such rights.
General Compliance with Laws. The Service is controlled and operated by UltraSaves from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
Enforcement of These Terms. UltraSaves reserves the right to takes steps UltraSaves believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to UltraSaves' right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that UltraSaves has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as UltraSaves believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to UltraSaves. right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, UltraSaves may provide links to certain third party Web sites. You acknowledge and agree that UltraSaves is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. UltraSaves does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that UltraSaves is not in any way responsible for any such use by you.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
a. ULTRASAVES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ULTRASAVES MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY ULTRASAVES) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL ULTRASAVES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ULTRASAVES'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
d. ULTRASAVES SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ULTRASAVES HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. ULTRASAVES DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ULTRASAVES DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PARTS OF .THE SERVICE. THAT ARE STORED IN YOUR SYSTEM.
Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD CONTRACTORS, AND ULTRASAVES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY ULTRASAVES AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ULTRASAVES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ULTRASAVES'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Changes. UltraSaves reserves the right, at any time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the UltraSaves Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
Notices. UltraSaves may send you notice with respect to the Service by sending an email message to the email address listed in your UltraSaves Account contact information, by sending a letter via postal mail to the contact address listed in your UltraSaves Account contact information, or by a posting on the UltraSaves Store. Notices shall become effective immediately.
Governing Law. The laws of the United States, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction and venue for any claim or dispute with UltraSaves or relating in any way to your use of the Service will be in the District Court of Laramie County, Wyoming. If UltraSaves prevails in any such action, you shall pay UltraSaves. attorney.s fees and costs.
Miscellaneous. These Terms of Service constitute the entire agreement between you and UltraSaves and govern your use of the Service, superseding any prior agreements between you and UltraSaves. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. UltraSaves' failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. UltraSaves will not be responsible for failures to fulfill any obligations due to causes beyond its control.
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