1. Informational Purposes Only.
The information on this Site is for informational purposes only and should not be interpreted as professional advice. Without limiting anything else in these Terms or otherwise, Utah’s Promise is not responsible for any errors or omissions in the Site or Site Materials, as defined in Section 3 of these Terms and Conditions
In order to access certain content, services, products or benefits on the Site, you may be asked to register and create an account. As part of the registration process, you must agree to these Terms. While registering, you may be asked to select a username and password and may be required to provide Utah’s Promise with certain information about yourself including some types of personally identifying information such as your email and your address. You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password. You may terminate your account at any time by contacting us.
3. Proprietary Rights.
As between you and Utah’s Promise, Utah’s Promise or its affiliates licensors, or suppliers own or licenses all names, trademarks, service marks, certification marks, symbols, slogan, logos, data, content, graphics, forms, artwork, images, photographs, functional components, software, documentation and other material on, in, or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove, alter, or obscure any copyright notice or any other proprietary notice on any Site Materials. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms. Use or misuse of these Site Materials is expressly prohibited and may violate federal and state law.
4. Unauthorized Activities.
You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violates any local, national, or international laws (including but not limited to import, export, copyright, data privacy, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with Utah’s Promise; (c) attempting to gain unauthorized access to Utah’s Promise’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; or (d) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. You may use the Site and the Site Materials consistently with Section 3 of these Terms. Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of Utah’s Promise is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to Utah’s Promise and that in the event of such unauthorized use, Utah’s Promise shall be entitled to an injunction in addition to any other remedies available at law or in equity.
5. Materials Submitted to the Site.
Certain features of the Site may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to the Site (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Content or other material or information to Utah’s Promise, you grant Utah’s Promise a worldwide, perpetual, irrevocable, transferable, royalty-free license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure specified in Section 13 of these Terms.
6. Third Party Web Sites and Content.
The Site is available for informational purposes only. The Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of such third-party links, the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. Utah’s Promise does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites. Utah’s Promise does not endorse any product, service, or treatment provided on a third-party website or advertised or provided on the Site.
8. Warranty Disclaimers.
Utah’s Promise, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services, links, advertisements or other items contained within the Site. Utah’s Promise reserves the right to immediately remove any Site Materials or User Content for any reason at its sole discretion. Utah’s Promise cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UTAH’S PROMISE AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, DATA LOSS, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
9. Limitation of Liability.
UTAH’S PROMISE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES, LOSE OF USE, DATA LOSS, OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR UTAH’S PROMISE HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF THESE TERMS, OR FEEL UTAH’S PROMISE HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF UTAH’S PROMISE AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SERVICES AND PRODUCTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF UTAH’S PROMISE AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
You shall indemnify and hold harmless Utah’s Promise and its directors, officers, employees, agents, subsidiaries, affiliates, contractors and licensors (“Utah’s Promise Indemnitees”) against all claims, actions, suits, demands, liabilities, damages, losses, costs, judgements, penalties, fines, expenses (including reasonable attorneys’ fees and attorneys’ disbursements), and other proceedings (“Claims”) arising out of or incurred in connection with your (i) use of the Site; (ii) use of the Site Materials or any services, product or data obtained through the Site; (iii) fraud, violation of law, negligence, or willful misconduct; (iv) misuse of the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to Utah’s Promise; (v) or any breach by you of these Terms. You may not settle any such Claims without the prior written consent of Utah’s Promise. Utah’s Promise or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof.
11. Internet Security.
Utah’s Promise uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Utah’s Promise will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Utah’s Promise shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Utah’s Promise via the Site or the Internet, including, for example, Personal Information such as your name or address.
These Terms constitute the entire agreement between you and Utah’s Promise regarding the Site and Site Materials and replace all prior understandings, communications, and agreements, oral or written, regarding this subject matter. If any part of these Terms is deemed to be unenforceable or invalid, that section will be removed without affecting the remainder of the Terms and the remaining provisions will be valid and enforceable. Utah’s Promise’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
13. Contact Information & Complaint Procedures.
If you have any questions about these Terms or believe that any content or postings on this Site violates your intellectual property or other rights, please contact Utah’s Promise at:
257 E 200 S #300
Salt Lake City, UT 84111
Attn: Web Manager