Terms and Conditions
Welcome to the UpperCut.co website (the “Site”). The Site is owned and operated by Upper Cut of the Chalfonts. (“Upper Cut”). Please review the following terms and conditions carefully.
1. Acceptance of Agreement
2. Modifications to the Site
Upper Cut reserves the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability. Upper Cut may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
3. User Conduct
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you will not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing, libelous, defamatory, pornographic or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false of misleading indications or origin or statements of fact.
4. Intellectual Property
You acknowledge and agree that all content and materials available on the Site, including but not limited to the Upper Cut name and logos, are protected by intellectual property and other laws. Except as expressly authorized by Upper Cut, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, provided you do not: (a) modify or copy the materials; (b) use the materials for any commercial purpose or for any public display (commercial or noncommercial); (c) attempt to decompile or reverse engineer any software contained on the Site; (d) remove any copyright or other proprietary notations from the materials; (e) transfer the materials to another person; or (f) “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions.
5. User Submissions
Any information, data, material, remarks, ideas, concepts or other information you transmit or post to the Site (“Submitted Information”) will be considered non-confidential and non-proprietary. Upper Cut will have no obligations to you with respect to the Submitted Information, and may, at its option and without compensation to you, disclose, distribute, copy, incorporate, or otherwise use the Submitted Information for any and all commercial and non-commercial purposes.
6. DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Upper Cut DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL Upper Cut BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF Upper Cut HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL Upper Cut’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.
10. Linking Restrictions
You may provide a hypertext link to the Site on another website, provided that: (a) the link must be a text-only link clearly marked “Upper Cut Home Page” and only go to the Site’s home page; (b) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Upper Cut’s name and trademarks; (c) the appearance, position and other aspects of the link may not create the false impression that an entity is associated with or sponsored by Upper Cut; (d) when activated by a user, the link must display the Site full-screen and not within a “frame” on the linked website; and (e) Upper Cut reserves the right to revoke its consent to the link at any time in its sole discretion.
11. Language Applicable law and Jurisdiction
The language applicable to these Terms and Conditions is English. English law shall apply to these Terms and Conditions and you and we submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise from or in relation to them.
12. General Provisions