Terms of Service

Disclaimer
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Terms of Service

Introduction

Welcome to UBETHECRITIC.com (“Website”). Please review the following terms and conditions that govern your use of our Website (“Terms of Use”). Please note that your use of our Website constitutes your unconditional agreement to follow and be bound by these Terms of Use and all applicable laws. The terms “you”, “your,” and “yours” mean you — the user, customer, and purchaser. The terms “we,” “our,” and “ours” means UBETHECRITIC.


Copyright Notice

Any trademarks, copyrights and patented materials named on this site are the property of their respective owners and not of UBETHECRITIC. All materials, including designs, icons, programs, and written materials that are part of this Website and any compilation thereof (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by UBETHECRITIC, one of its affiliates, or by third parties who have licensed their materials to UBETHECRITIC unless stated otherwise. The Contents are protected by U.S. and international copyright laws and UBETHECRITIC, its affiliates and licensors expressly reserve all intellectual property rights in the Contents. Access to this Website does not confer and shall not be considered as conferring upon anyone any license, assignment, or grant of any intellectual property rights except as expressly stated in these Terms of Use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of UBETHECRITIC or its software suppliers and is also protected by U.S. and international copyright laws.

Any unauthorized use the Contents or Photos is subject to all applicable penalties available to the copyright owner under the applicable copyright laws.

Accuracy of Information

UBETHECRITIC uses reasonable efforts to ensure the Contents are accurate and up-to-date, but makes no warranties or representations as to the accuracy or completeness of the Contents or the reliability of any advice, opinions, statements, articles, recipes, or other information displayed or distributed through this Website. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINIONS STATEMENTS, ARTICLES, RECIPES, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. UBETHECRITIC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS WEBSITE.

Products, Services and Specifications

All features, content, specifications, products and services described or depicted on this Website are subject to change at any time without notice. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Indemnification

You agree to defend, indemnify and hold UBETHECRITIC harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this Website.

Disclaimer

THIS WEBSITE IS PROVIDED BY UBETHECRITIC ON AN “AS IS” AND “AS AVAILABLE” BASIS. UBETHECRITIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, SERVICES OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, UBETHECRITIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT SUCH USE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL UBETHECRITIC OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE AND ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF UBETHECRITIC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL UBETHECRITIC BE LIABLE FOR ANY DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Links to Third Party

Sites References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the UBETHECRITIC endorsement, sponsorship or recommendation of the third party, information, product or service. If you use those websites, you will leave this Website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. UBETHECRITIC makes no warranty or representation regarding any linked websites.

Linking to the UBETHECRITIC Website

All links to the Website must be approved in writing by Ubethecritic, except that Ubethecritic consents to links in which: (i) the link is a text-only link containing only the name “UBETHECRITIC”; (ii) the link “points” only to www.ubethecritic.com and not to deeper pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with, endorsed by, or sponsored by UBETHECRITIC nor be such as to damage or dilute the goodwill associated with the name and trademarks of UBETHECRITIC or its Affiliates. UBETHECRITIC reserves the right to revoke this consent to link at any time in its sole discretion.

Revisions to Terms of Use and Website

UBETHECRITIC reserves the right, at its sole discretion, to change, modify, revise, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes to these Terms of Use will be effective when such changes are posted to this Website. Your continued use of the Website after any change will be considered acceptance of those changes. UBETHECRITIC may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time. UBETHECRITIC may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. UBETHECRITIC may terminate the authorization, rights and license given above and, upon such termination you shall immediately destroy all Content and Photos which you may have downloaded.

International Users

This Website is controlled, operated and administered by UBETHECRITIC from its offices within Canada. UBETHECRITIC makes no representation that materials at this site are appropriate or available for use at other locations outside of the country and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Content in violation of Canadian export laws and regulations. If you access this Website from a location outside of the Canada, you are responsible for compliance with all local laws.

Website Security

You are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. UBETHECRITIC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.

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