Site Usage Explanation. This website, UTILITYTIP.COM (the “Site”), is operated by , UTILITYTIP.COM, LLC (“Operator”). The Operator believes that you will find the Site informative and easy to use, and hopes that you regularly visit it.
Your use of this Site and the information available on the Site is subject to the terms and conditions in this Usage Agreement (“Usage Agreement”) and all other notices, policies, and disclaimers contained on the Site (collectively, “, UTILITYTIP.COM Policy Agreement”). If there is a conflict between such other notices, policies, disclaimers, and any of the terms and conditions in this Usage Agreement, then the terms and conditions in this Usage Agreement shall control. By visiting this Site you agree to be bound by all of the terms, conditions, and notices contained or referenced in this Usage Agreement and the , UTILITYTIP.COM Policy Agreement. You should review the Usage Agreement from time to time. Operator may change the Usage Agreement at any time without notice by posting revisions to the Site. Your continued use of the Site constitutes your acceptance of the revised terms of the Usage Agreement. If you do not accept all of the terms of the Usage Agreement, you must exit the Site immediately. Disclaimers.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE. OPERATOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. 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/WHERE IS/AS AVAILABLE” BASIS. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR AND ITS SUPPLIERS DO 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 ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS AVAILABLE AT THE SITE. IN NO EVENT SHALL OPERATOR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR WITH ANY DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF OPERATOR AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS REGARDING THOSE TYPES OF DAMAGES MAY NOT APPLY TO YOU.
OPERATOR DOES NOT GUARANTEE THAT ANY MESSAGE OR CONTENT (INCLUDING YOUR CONTENT) WILL BE RECEIVED OR REVIEWED BY ANY OTHER PARTY. YOU ARE RESPONSIBLE TO COMPLY WITH ALL CONTRACTUAL OBLIGATIONS YOU HAVE UNDER ANY LEASE OR OTHER AGREEMENT, INCLUDING THE NOTICE PROVISIONS OF SUCH CONTRACTS . YOU ACKNOWLEDGE AND AGREE THAT CONTENT ON THIS SITE (INCLUDING YOUR CONTENT) DOES NOT SATISFY SUCH REQUIREMENTS. OPERATOR HAS NOT INDEPENDENTLY VERIFIED ANY CONTENT POSTED BY A THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT OPERATOR SHALL HAVE NO LIABILITY OR RESPONSIBILITY RELATING TO YOUR RELIANCE UPON ANY CONTENT.
Links to Third Party Sites
The Site may contain links to sites operated by third parties. These links do not constitute or imply an endorsement of 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 this Usage Agreement. You should review the policies of a linked site before making a decision to use that site.
User Submitted Content
By posting or submitting 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, and (3) use of Your Content as provided in this Usage Agreement will not violate any legal rights (tangible or intangible) of any third party. You hereby grant Operator and its designees a worldwide, royalty-free, nonexclusive, transferable, sublicenseable license (the “License”) to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, and prepare derivative works of Your Content 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.
You will indemnify, defend, reimburse, and hold harmless Operator, and each affiliate, officer, director, employee, contractor, and agent of Operator, for, from, and against any and all liabilities, claims, and expenses of any type or nature, including costs and attorneys’ fees, that arise from the exercise of the License set forth above or from your use of the Site.
You acknowledge that all content and materials available at the Site other than Your Content (collectively, the “Content”) are owned or controlled by Operator and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, or other proprietary rights and laws. You may only use the Site and the Content as expressly permitted in this Usage Agreement and for no other purpose. You may download, print, or view individual pages at the Site for private, noncommercial use, provided you do not delete, change, or otherwise modify any of the Content, including any copyright or trademark notices. You may not use the site for any commercial purpose, including, but not limited to, sending unsolicited commercial email or making unsolicited commercial phone calls. Except as authorized by Operator in writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any of the Content. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database, or directory without the written permission of Operator is prohibited. Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks and may not be used without Operator’s permission. Operator’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.
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 Content is appropriate or available for use in locations outside the United States. Accessing the Site or using any of the Site Content from any jurisdiction where access or use is illegal is prohibited.
Your Membership Account
If you use this Site, you are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use this Site only with involvement of a parent or guardian. Operator reserves the right to refuse service, terminate accounts, and remove or edit content, in Operator’s sole discretion.
Choice of Law
This Agreement will, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Idaho, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Usage Agreement or your use of the Site will be filed only in the state or federal courts located in Bonneville or Bannock County, State of Idaho, and you further agree and submit to the exercise of personal jurisdiction of these courts for the purpose of litigating any such claim or action.
Integration and Severability
This Usage Agreement, along with the Classifieds Agreement, 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 this Usage Agreement or the Classifieds Agreement is determined to be invalid or unenforceable, all other provisions thereof will remain in full force and effect.
No Waiver of Rights
Operator’s failure to enforce any rights reserved in this Usage Agreement or to take action against any party in the event of any breach shall not be deemed a waiver by Operator as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. Operator reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.