Terms and Conditions of Service
(Service Agreement)

By visiting or using the UpThree.com web site, the User (you) agree to be bound by these Terms and conditions of Service and that such agreement constitutes a binding contract between User and UpThree.com. If the User does not wish to be bound by the terms of this agreement, the User should not visit or subscribe to this web site.

UpThree.com reserves the right to change these Terms and Conditions of Service at its sole discretion. In the case of any violation of the Terms and Conditions of Service, UpThree.com reserves the right to seek all remedies available by and in equity for such violations. These Terms and Conditions of Service apply to all visits to the UpThree.com web site, now and in the future.

Guarantee of Current Data:

UpThree.com guarantees that its listings are available before its competition or it will refund up to three months of a user's subscription fees. Subscription fees would be refunded to the user for the month of the occurrence only, and UpThree.com will provide refunds to the same user for up to three occurrences/months.

Limited License:

All information provided by UpThree.com to the User is limited to the use of User personally as a single user.

As a User you are granted a limited, nonexclusive, nonassignable and nontransferable license to use the information proved by UpThree.com. You may use the information proved for your personal use or the use of your single company or entity. No other copying, reproduction, or redistribution is permitted under this license. UpThree.com reserves the right to include test data in the information provided to User.

Disclaimers of Warranties and Liabilities:

User acknowledge that:

UpThree.com is not responsible for: The content, quality, integrity, performance or any other aspect of the information provided, or transmitted by this service;

Errors or problems related to transmission of data;

Any damages, consequential or incidental, arising out of the use of this service;

UpThree.com make no warranties of any kind, expressed or implied, in connection with this service. We make no warranties of nonenfringment, accuracy or completeness or any other warranties concerning any information provided to User. This service is provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with you, the User. There is no warranty that any information or our efforts meets any standards of merchantability or will fulfill any of particular purposes or needs even if we have been notified of your purposes or needs.

UpThree.com makes now warranty of ability to deliver timely or accurate services.

Indemnification:

In addition to indemnification or liability provisions in other sections of this Agreement, User hereby agrees to indemnify, defend and hold harmless UpThree.com, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses including attorney’s fees and costs, of any nature whatsoever incurred or suffered by User, insofar as such losses arise out of, are related to or are based on or reasonably related to the breach of any representation, warranty, obligation or covenant agreed to by you in this agreement. This clause shall also be effective against your heirs, assigns, or representatives.

Consideration:

In exchange for UpThree.com information, which will be provided to User via electronic mail, UpThree.com will charge User according to the rate schedule available on this web site. Said charge shall recur according to the rate schedule: (monthly - 30 days, quarterly - 90 days, semi-annual - 180 days, yearly - 365 days) from the purchase date until User notifies Upthree.com in writing that User wishes to terminate this Service Agreement. Said notice must be received by UpThree.com at least 5 days prior to the beginning of the next billing cycle in order for User to avoid charges for that billing cycle.

All sales, including recurring charges are final. The Service Provider has a no refund policy, this includes recurring charges.

Construction of this agreement:

The terms and conditions included or incorporated by reference in this Agreement constitute the entire Agreement between the parties on the subjects covered by this Agreement.

This agreement shall be construed as a whole and not in favor of either party. For example, no provision shall be construed against the party responsible for the language of the provision. Each provision shall be given its fail meaning. The Paragraph headings have been added for the convenience and shall not be used to interpret the Agreement.

If any part of this Agreement is determined to be invalid or unenforceable, including but not limited to, the warranty disclaimer and liability limitations, the remainder of the Agreement shall continue in effect and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This agreement shall be governed by the laws of the United States and the State of New Mexico and the parties expressly agree to waive any choice of law rules which would result in the application of any other law to the construction or validity of this Agreement.

The parties agree to jurisdiction and venue exclusively in District Court in Bernalillo County, New Mexico for any litigation arising out of relating to this Agreement. In actions related to this Agreement where Federal Courts have jurisdiction, the parties agree to jurisdiction and venue exclusively in the Federal Courts in State of New Mexico.

Acknowledgement:

User acknowledges that User has read this Agreement and voluntarily agrees to all of its Terms and Conditions, without modification. User has independently evaluated the desirability of entering into this Agreement and is not relying on any representation, guarantee, or statement other thatn as set forth in this Agreement.

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