Sign Up for
Free Buzz
NEWSLETTER


 

Upfront Press Inc

TERMS OF USE AGREEMENT, LEGAL DISCLAIMER,
INDEMNITY, LIABILITY LIMITATION and NOTICES,
End-User Licensing Agreement

(1.) AGREEMENT BETWEEN “USER” AND UPFRONT PRESS INC.

(A.) The Upfront Press Inc Web sites are comprised of a network of sites and Web pages operated by Upfront Press.

(B.) The list of Upfront Press Web sites in work for 2010 include:

(C.) Anyone who accesses the Upfront Press Web sites material by any means is considered a "User."

(D.) The Upfront Press Web sites are presented to you on the condition that you agree to and accept without modification of the terms of use and conditions agreement, ("TERMS OF USE AND CONDITIONS"), or ("Terms of Use") ("LEGAL DISCLAIMER, INDEMNITY, LIABILITY LIMITATION") and ("NOTICES") ("END USER LICENSING AGREEMENT") that are contained herein.  Your use of the Upfront Press Web sites or order placement constitutes your willing agreement to all such terms, conditions, and notices.  Review terms in detail below.  Your use of any particular Upfront Press Web site included within the Upfront Press Web sites  may also be subject to additional terms as outlined elsewhere in this agreement (the "ADDENDUM'S TO TERMS").

(E.) Additionally, the Upfront Press Web sites may themselves contain additional terms that govern particular features or offers (for example: research, articles, case study profiles, or products).  These issues are found at the end of this page in the ("NOTICES").

(F.) In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Upfront Press Web site, then those terms shall control.

(2.) TERMS OF USE AND CONDITIONS AGREEMENT
(A.) Our Web sites are owned and operated by Upfront Press Inc provided for your personal information, education, and communication.  Please feel free to browse the sites; however, your access and use of the sites are subject to the following terms of use and conditions agreement, hereafter; ("TERMS OF USE") and all applicable laws. By accessing and browsing the sites, you accept, without limitation or qualification, the TERMS OF USE and CONDITIONS. If you do not agree with any of the TERMS OF USE, LEGAL DISCLAIMER, INDEMNITY, LIABILITY LIMITATION and NOTICES stated herein, do not use the Upfront Press Web  sites .

(B.) Our information and products are available only to individuals who can form legally binding contracts under applicable law.  Without limiting the foregoing, our  information and products are not available to minors.  If you are not of legal age you do not qualify, please do not use our services further.  Thank you.

(3.) MODIFICATION OF THESE TERMS OF USE AND CONDITIONS
Upfront Press reserves the right, in its sole discretion, to alter, change or otherwise update these terms of use and conditions, liability disclaimer and notices under which the Upfront Press Web sites are offered, including but not limited to the changes associated with the use of the Upfront Press Web sites.  Upfront Press may apply these changes, alterations, or updates at any time and you agree to be bound by such changes, modifications, alterations, or updates.  You are solely responsible for regularly reviewing these terms and conditions.  As well as reviewing them before your initial use.

(4.) COPYRIGHT AND TRADEMARK NOTICES, PERSONAL AND NONCOMMERCIAL USE RESTRICTIONS AND LIMITATION ,and COPYRIGHT INFRINGEMENT ISSUES
Unless otherwise specified, all ("material") obtained at all sites owned, operated, licensed, or controlled by Upfront Press are provided for your personal and noncommercial use only, including but not limited to images, illustrations, research, text, case study profiles, and articles, which are protected by copyrights that are controlled and owned by Upfront Press.  Specifically, you may not upload, modify, post, copy, distribute, transmit, display, perform, reproduce, publish, republish, license, create derivative works from, attempt to "pass off" any of the Material as your own work, transfer, or sell any articles, information, research, case study profiles or distribute in any way any “material” obtained from the Upfront Press Web sites for other than personal noncommercial use.  You may link directly to Upfront Press pages or files as a way of helping to spread our information.  Modification of the “materials” or use of the “materials” for any other purpose is a violation of the copyrights and other proprietary rights.  For purposes of these TERMS OF USE and CONDITIONS, the use of any such material on any other Web  site or networked computer environment is strictly prohibited.

For more information write to Attn.: Permissions Dept. Upfront Press Inc, P.O. Box 30, Elephant Butte, NM 87935.  Contents of the Upfront Press Web sites are Copyright 2009 - All rights reserved.

(5.) OFF SITE LINKS, LINKS TO THIRD PARTY SITES
The Upfront Press Web sites may contain links to other Web sites  ("Linked Sites".)The "Linked Sites" have not necessarily been reviewed by Upfront Press in part or in full.  Third Party Sites that we have linked to via our sites are not under the control of Upfront Press. Upfront Press is not responsible for the contents of any "OFF-SITE'" Web pages referenced from the Upfront Press Web sites , contents, activities, products, or services of any "Linked Site," including without limitation any link contained in a "Linked Site," or any changes or updates to a "Linked Site."  Upfront Press is not responsible for archived material, broadcasts, Web casting, or any other form of transmission received from any "Linked Site."  Upfront Press is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or recommendation by Upfront Press of the site or any association with its operators.

(6.) USER CONDUCT, NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Upfront Press Web sites, you warrant to Upfront Press Inc that you will not use the Upfront Press Web sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the Upfront Press Web sites  in any manner which could disrupt, damage, disable, overburden, deny use, redirect, or in any way impair the Upfront Press Web sites  or interfere with any other party's use and enjoyment of the Web sites You may not obtain or attempt to obtain any materials or information about any user or communications through any means not intentionally made available or provided for through the Upfront Press Web sites.  Upfront Press reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Upfront Press' sole discretion.

(7.) MATERIALS RESEARCH AND COMMUNICATIONS PROVIDED TO UPFRONT PRESS
(A.) Upfront Press does not claim ownership or liability for materials you provide to us (including feedback, research, articles, personal stories, and suggestions) or email, posts, uploads, input or Submissions to any Upfront Press Web site or its associated services (collectively "Submissions").  However, by emailing, posting, sending, uploading, inputting, providing, or submitting your Submission, you are granting Upfront Press permission to use your Submission in connection with the operation of their Internet sites including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and, unless specifically denied, to publish your name and title in connection with your Submission.

(B.) Submission (s), as defined herein, will not receive compensation, be paid whatsoever regarding the use of any Submission.  Submission (s) received by Upfront Press do not constitute an obligation to post or use any Submission provided by any means.  Upfront Press may remove any Submission at any time within Upfront Press's sole discretion.

(C.) By emailing, posting, sending, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission.

(8.) LEGAL DISCLAIMER, INDEMNITY, LIABILITY LIMITATION
While upfront press uses reasonable efforts to include accurate and up-to-date information on the Upfront Press Web  sites, it makes no representations as to the accuracy, timeliness, or completeness of that information, and you should not rely upon it .  The information, articles, case study profiles, research, products, and services included in or available through the Upfront Press Web sites may include inaccuracies or typographical errors.  In using this Web site, you agree that its information and services are provided "as is,” “as available” without warranty, express or implied, and that you use this site at your own risk. Upfront Press and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, research, case study profiles, articles, products, services, and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Changes and updates are periodically applied to the information herein.  Upfront Press and/or its respective suppliers may make improvements and/or changes reflected in the Upfront Press Web  sites  at any time.  Advice received via the Upfront Press Web sites should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice. 

Customer specifically acknowledges that Upfront Press Inc is not providing medical advice to user (s) or to anyone else.  All medically related or referenced information obtained by any means from Upfront Press is provided solely for educational purposes (unless otherwise specified) and should not be used for treatment of any condition without the advice and supervision of a licensed and qualified professional customized to your situation.  Upfront Press makes no warranty that material contained will meet your requirements, that the access will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the material will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by you through the Web sites or any other means will meet your expectations, and that any errors in the material will be corrected.

(9.) INDEMNITY
You as “User” specifically agree to indemnify and hold Upfront Press our affiliates, officers, directors, or other partners, employees, agents, subsidiaries or divisions harmless from any claim, liability or demand, including penalties, losses, damages, costs, expenses, reasonable attorneys' fees made by a third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.  As well as any demand, attorneys' fees, causes of action, claims or liabilities arising out of the use of any information, products or services presented or sold via the Upfront Press Web sites, including but not limited to the use, handling, operation or application of products or information by user or any third party.  By using or viewing the information contained herein, using or purchasing products, services or information originating herein the user willingly assumes all risk in connection with such use.

(10.) LIABILITY LIMITATION
In no event shall Upfront Press and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever arising, including, without limitation, damages for loss of use, data or profits, negligence arising out of or in any way connected with the use or performance of the Upfront Press Web sites, with the delay or inability to use the Upfront Press Web  sites  or related services, the provision of or failure to provide services, or for any information, graphics, products, services obtained through the Upfront Press Web sites, or otherwise arising out of the use of the sites, whether based on contract, tort, negligence, strict liability or otherwise, even if Upfront Press or any of its suppliers has been advised of the possibility of damages.

Our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of the original purchase price prior to the action giving rise to liability, and (b) $100.  Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  If you are dissatisfied with any portion of the Upfront Press Web sites, or with any of these terms of use, your sole and definitive solution is to discontinue using the Upfront Press Web sites “material” and/or products.

WEB SITE CONTRACT

(1.) GENERAL AND JURISDICTIONAL ISSUES
Upfront Press Web sites (excluding "Linked Sites") are controlled by Upfront Press Inc from its offices within the state of New Mexico, United States of America.  As each of these places has laws that may differ from those of New Mexico, by accessing our Web sites both you and Upfront Press agree that the statutes and laws of the state of New Mexico without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this Web site.  You hereby consent to the exclusive jurisdiction and venue of courts in Sierra  County, New Mexico, U.S.A. in all disputes arising out of or relating to the use of the Upfront Press Web sites.  Upfront Press Inc makes no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.

Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.  Use of the Upfront Press Web sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this statement.  You the “User” agree that no joint venture, partnership, employment, or agency relationship exists between you and Upfront Press Inc as a result of this agreement or use of the Upfront Press Web sites. 

Upfront Press's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Upfront Press's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Upfront Press Web sites or information provided to or gathered by Upfront Press with respect to such use.  If any item of this agreement is found to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision herein that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full effect. 

With the exception of ADDENDUM'S TO TERMS, NOTICES or other items as specified herein, this agreement constitutes the entire terms of use agreement between the user and Upfront Press Inc regarding the Upfront Press Web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Upfront Press with respect to the Upfront Press Web sites.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

ADDENDUM'S TO TERMS

(1.) NO PROFESSIONAL ADVICE
As stated and reinforced elsewhere herein, the information appearing in the Upfront Press Web sites and in email alerts or other communications is not intended to replace professional medical advice or treatment.  Any health or medically related data is given solely as informational and educational, and does not constitute legal, medical or other professional advice.  Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

The information and products provided at this site is offered as part of the argument for, and reasoning for doing continued research only, not as an implication that the information we offer and products we sell are to be used for medical purposes.  No claims are made nor implied, with regard to the use of our information for medical conditions.  We are not implying nor recommending such use, nor, that anyone self diagnose and treat their own illness, nor the indiscriminate, unlawful use, or use in any manner that is inconsistent with established laws and regulations.  The user is solely responsible with regard to all use.  Information provided here regarding this issue is presented for informational and educational purposes only.

(2.) ELIGIBILITY; AUTHORIZED USE
You the “User” warrant that you are at least 18 years of age and possess the legal ability to enter into this agreement.  If you are not, please refrain from use of this site immediately.

(3.) PRODUCT PURCHASE WARRANTY, SHIPPING, PRICES & AVAILABILITY
A 30 day money back guarantee for printed or video materials are as follows: If returned via prepaid postage in an “as received” condition.  If returned in a used or damaged condition fees may be charged for damage to such items.  Returns are subject to a 10% restocking fee.  Upfront Press may waive the restock fee at Upfront Press's sole discretion.  Shipping costs are non refundable.

Customer agrees to hold Upfront Press Inc harmless regarding delivery delays beyond our control, such as strikes, wars, civil unrest, catastrophes, or acts of GOD.  Product prices, specifications, performance, and availability subject to change without notice.  Void Where prohibited.  All items purchased from Upfront Press are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.  Insurance is optional at the user's request, additional relevant fees shall apply. We are not responsible for lost or damaged packages. 

We normally ship USPS when the destination permits us to do so and such service is available.  Insurance is extra and added to the order at the customers request, limited to availability from delivery service and destination restrictions.  We reserve the right to refuse sales to anyone at our sole discretion.  Purchase of our products, singly or in bulk, does not imply a formal business association with Upfront Press Inc.  Bulk purchases are at a reduced cost and are to be interpreted as a “territory right” or “right" to sell our products. 

All bulk purchases made by customers in New Mexico will be taxed as applicable, unless a tax exempt or resale number is provided.  Any purchaser of our products, who then resells such products, does so at their sole discretion, and is solely liable for their actions in doing so without exception.

(4.) TERMINATION OF ACCESS RESTRICTION OF USE
Upfront Press reserves the right, in its sole discretion, to terminate your access to any or all Upfront Press Web sites and the related services or any portion thereof at any time, without notice.

(5.)UPFRONT PRESS INC
End-User Licensing Agreement

Carefully read these terms and conditions that apply to downloading our eBooks.  This is a license agreement “Agreement” between you the purchaser and Upfront Press Inc.  By opening the accompanying eBook(s), you acknowledge that you have read and accept the following terms and conditions.