The Fine Print
Date of last Revision: March 20, 2013
Welcome to uitests.com. By accessing or using uitests.com (the "Site"), you agree to be bound by the following terms ("Site Terms"). If you do not agree to the Site Terms, do not use this web site.
The Site is owned and operated by Servicebeagle LLC, a New York limited liability company ("Company"). Company reserves the right to change or modify any of the provisions of the Site Terms or any of Company's policies or guidelines, at any time and in its sole discretion. Any changes or modification to the Site Terms will be effective immediately upon posting of such changes or modifications on the Site. Your use of this Site following the effectiveness of such changes or modifications will constitute your acceptance of such changes or modifications.
2. Consent to Receive Emails. By using the Site, you consent to receive emails from Company. As long as you maintain an account with Company, you may not "opt out" of receiving service or account-related emails from Company.
3. Copyright and Limited License. Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Company logo, and all designs, text, graphics, pictures, recommendations, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the property of Company or its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site for your non-commercial and personal use only. This license is revocable at any time in the sole discretion of Company.
4. Trademarks. UITests, the Company logo and any other product or service name or slogan contained in the Site are trademarks of Company or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "ServiceBeagle" or "UITests" or any other name, trademark or product or service name of Company without Company's prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts are the property of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission.
5. Hyperlinks. You are granted a limited, non-transferable right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Company or any of its products and services in a false, misleading, derogatory or defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Company logo or other proprietary graphic of Company to link to this Site without the express written permission of Company. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Company's express written consent.
Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site.
6. Disclaimers and Acknowledgements Regarding Use of Site Information. THE SITE AND THE SITE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE SITE MATERIALS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Company reserves the right to change the Site and the Site Materials at any time without notice.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SITE MATERIALS, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
8. Third Party Ads. Company may publish third party advertisements and promotions on the Site. Your relationship with any such third parties is solely between you and such third party. Company is not liable for any loss or damage incurred as the result of any such relationship with such third parties.
9. User Posted Content & Other Interactive Services or Areas. The Site includes areas in which users may post content and information, including without limitation comments, data, text, photos, graphics or other materials (the "User Content"). You are solely responsible for User Content submitted by you and assume all risks of posting such User Content. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising or solicitations;
f. Private or confidential information of any third party, including, without limitation, Social Security numbers and credit card numbers;
g. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
h. Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and
i. User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Company or its users to any harm or liability of any type.
Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party to the Site, or for any loss or damage caused by such User Content. Your use of the Site is at your own risk. Company has no obligation to screen, edit or monitor any of the User Content posted to the Site, but Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice.
10. Submissions. You acknowledge and agree that any User Content provided by you is non-confidential.
11. Usage by Children under 13. The Site is directed to adults and is not directed to children under the age of 13. Company cannot prohibit minors from visiting the Site. Company must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Company complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under the age of 13.
12. Registration Data; Account Security. If you register as a user of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company. In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than you.
13. Indemnification. You agree to indemnify, defend and hold Company harmless from any liability, loss, claim and expense, including reasonable attorneys fees, arising out of or related to any User Content you post, store or otherwise transmit on or through the Site, your use of or inability to use the Site or the Site Materials, your violation of these Site Terms or your violation of the rights of any third party user of the Site.
14. Applicable Law and Venue. These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of New York. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state courts located in Kings County, New York and federal courts located in New York County, New York. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
The Site is controlled and operated by Company from its offices within the State of New York. Company makes no representation that the Site is appropriate or available for use in other locations.
15. Arbitration. Except as otherwise specifically provided in this Section, any controversy or claim arising out of or relating in any way to these Site Terms or the Site shall be settled exclusively by arbitration administered by the American Arbitration Association (the "AAA") in accordance with its Commercial Arbitration Rules and, in the case of consumer disputes, with the AAA's Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), and that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be New York, New York. Notwithstanding the foregoing, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth in Section 10 above, then the parties acknowledge that arbitration is not an adequate remedy at law and that without waiving any remedy under these Site Terms, injunctive or other appropriate relief may be sought from any court specified in Section 15 (above). To the fullest extent permitted by applicable law, no arbitration or claim shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Site be instituted more than two (2) years after the cause of action arose.
16. Termination. Notwithstanding any of these Site Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, to terminate your account with Company, if any, and to block or prevent your access to and use of the Site.
17. Severability. If any provision of these Site Terms will be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
18. Questions & Contact Information. Questions or comments about the Site may be directed to Company through the following contact form.