Terms of Use

Terms of Use for Uptime Institute's Web Properties

Privacy Policy: Uptime Institute respects the privacy of its users. Please refer to Uptime Institute’s Privacy Policy, which explains how we collect, use, and disclose information that relates to your privacy.

WELCOME TO THE UPTIMEINSTITUTE.COM WEBSITE! WE ENCOURAGE YOU TO TAKE ADVANTAGE OF THE CONTENT AND FEATURES AVAILABLE ON UPTIMEINSTITUTE.COM AND ALL UPTIME INSTITUTE WEB PROPERTIES (THE "WEBSITE").

PLEASE READ THESE NON-NEGOTIABLE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY CONTINUING TO USE THE WEBSITE, YOU (THE "USER") AGREE TO BE BOUND BY THESE TERMS OF USE.
If you purchase any products or services from Uptime Institute ("Services"), the terms of use for those Services will be set forth in a separate contract between you and Uptime Institute. These terms of use will not in any way change or limit your rights and obligations under your Uptime Institute contract.

If you have not yet purchased Services from Uptime Institute or are not already an Uptime Institute client, we encourage you to contact us to learn more about the benefits and value that Uptime Institute can provide to your organization.

Access to Password Protected/Secure Areas:

Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.

Website Content and Copyright:

This Web site is the property of Uptime Institute and is protected by U.S. and international copyright law and conventions. Uptime Institute grants to User the right to access and use the Website, so long as such use is for internal information purposes, and User does not alter, copy, disseminate, redistribute or republish any content or feature of this Website. User acknowledges that access to and use of this Website is subject to these terms of use and any expanded access or use must be approved in writing by Uptime Institute.

Changes or Updates to the Web site:

Uptime Institute reserves the right to change, update or discontinue any aspect of the Website at any time without notice. Your continued use of the Website after any such change constitutes your agreement to these terms of use, as modified.

Disclaimer of Warranties:

Uptime Institute does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to this Web site. Although Uptime Institute takes reasonable steps to screen this Web site. Uptime Institute cannot guarantee that it will be free of infection or that it will be available at any particular time or location.

Accuracy of Information:

While the information contained on this Web site has been obtained from sources believed to be reliable, Uptime Institute disclaims all warranties as to the accuracy, completeness or adequacy of such information. User assumes sole responsibility for the use it makes of this Web site to achieve his/her intended results.

Third Party Links:

This Web site may contain links to other third party websites, which are provided as additional resources for the convenience of Users. Uptime Institute does not endorse, sponsor or accept any responsibility for these third party web sites, User agrees to direct any concerns relating to these third party websites to the relevant website administrator.

Limitation of Liability:

In no event will Uptime Institute be liable for: (a) damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits; business interruption and loss of programs or information) arising out of the use of or inability to use this Website, or any information provided on this Web site, or (b) any claim attributable to errors, omissions or other inaccuracies in the information provided on this Web site.

Termination:

In accessing and using this Website, User agrees to comply with all applicable laws and agrees not to take any action that would compromise the security or viability of this Web site. Uptime Institute may terminate User's access to this Website at any time for any reason. The terms hereunder regarding Disclaimer of Warranty, Accuracy of Information, Indemnification, and Third Party Rights shall survive termination.

Indemnification:

User agrees to indemnify, defend and hold harmless Uptime Institute, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of User's use/ misuse of this Web site.

Third Party Rights:

The terms hereunder regarding Disclaimer of Warranty, Limitation of Liability and Indemnification are for the benefit of Uptime Institute, and its licensors, employees and agents, each of whom shall have the right to assert and enforce those terms against a User.

General Provisions:

Any provision in any written communication received by Uptime Institute in connection with this Web site, which is inconsistent with, or adds to, these terms of use is void. If any term hereunder is determined by a court of competent jurisdiction to be invalid, all remaining terms will remain in full force and effect

Governing Law:

These terms of use and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the state of New York, without regard to its conflicts of law principles. User consents to the jurisdiction of the courts of the state of New York.