Password Accounts, Passwords, and Security
In order to access the System, you must create an account with WarmUp and complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, including choosing a password and user name. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the System registration mechanism (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, non-current or incomplete, or WarmUp has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, WarmUp has the right to suspend or terminate your account and refuse any and all current or future use of the System. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You understand that you may voluntarily terminate your use of and delete your account from the System by sending a request to firstname.lastname@example.org.
In consideration of your access to and use of the System, you represent that you are of legal age to form a binding contract and are not a person barred from accessing or using the System under the laws of the United States or other applicable jurisdiction. Only individuals who are of legal age to form a binding contract under applicable law (i.e., eighteen (18) years of age or older in most jurisdictions) are permitted to create an account or register to use the System.
WarmUp grants you a personal, non-transferable, and non-exclusive right and license to use the Services via the System solely for your internal use, and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System or access to any products, information, or other content available therein.
You agree not to use or launch any automated system (including “robots,” “spiders,” or “offline readers”) that access the System in a manner that sends more messages, requests, information, or content in a given period of time than can be reasonably performed by a human being. You further agree not to modify the System or any part thereof, in any form or manner, nor to use any modified versions of the System or other WarmUp products, software, or other content in order to gain unauthorized access to the System, or for any reason whatsoever, without the express written consent of WarmUp. You may not attempt to gain any unauthorized access to the System or any of its associated content, including computer systems, software, or networks.
No commercial use or redistribution of any content, software, or other WarmUp products is permitted, unless expressly specified in a prior agreement between you and WarmUp.
WarmUp reserves the right, in its sole discretion, to terminate your access to the System and the related Services or any portion thereof at any time, without notice.
No Unlawful or Prohibited Use
You may not use the Services in any manner which could damage, disable, overburden, or impair the System or interfere with any other party’s use and enjoyment of the System or Services. Furthermore, you may not probe, scan, test the vulnerability of, or breach any security or authentication measures of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System. Also, you may not register or attempt to register, any party for use or access to the Services, unless expressly authorized by such party to do so.
The System may contain profiles, contact information and/or other message or communication facilities designed to enable you to communicate with a selected group or individual (collectively, “Communication Services”), you agree to use the Communication Services only to send messages and material that are proper and related to the particular Communication Service. WarmUp reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. For clarity, the “Communication Services” are included as part of the “Services.”
WarmUp 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 or remove any information or materials, in whole or in part, in WarmUp’s sole discretion.
Copyright and Proprietary Rights
You may not modify the System, Other Sites, or any material residing on such sites, except as specifically instructed or allowed in such sites. You shall observe copyright and other restrictions imposed by Other Sites. You may not Use the System or Other Sites in any manner that infringes on the rights of any person or entity.
Digital Millennium Copyright Act Compliance
If you have copyright concerns about the materials posted by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512). If you have any complaints or objections to material posted on the System, please contact us at admin@WarmUp.com.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SYSTEM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE SYSTEM. WARMUP, OUR PARTNERS, AFFILIATES, AND/OR OUR SUPPLIERS AND LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SYSTEM AT ANY TIME.
WARMUP, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON OR OBTAINED THROUGH THE SYSTEM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WARMUP, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WARMUP AND OUR PARTNERS MAKE EVERY EFFORT TO PROTECT YOUR SECURITY, BUT, BECAUSE THE INTERNET IS AN INSECURE MEDIUM, NEITHER WARMUP, NOR OUR PARTNERS, AFFILIATES, OR SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY THAT ANY TRANSACTION CONDUCTED THROUGH THE SYSTEM WILL NECESSARILY BE SECURE.
IN NO EVENT SHALL WARMUP, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SYSTEM OR WITH THE DELAY OR INABILITY TO USE THE SYSTEM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF WARMUP, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF OUR PARTNERS, OUR AFFILIATES, AND OUR RESPECTIVE SUPPLIERS AND LICENSORS FOR ANY DAMAGES ARISING OUT OF OR RELATED TO ANY DEFAULT HEREUNDER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SYSTEM DURING ANY TWELVE (12) MONTH PERIOD. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Reservation of Rights: Any rights not expressly granted herein are reserved.
No Editorial Control of Third Party Content; No Statement as to Accuracy:– To the extent that any of the content included in the System is provided by third party content providers or User, we have no editorial control or responsibility over such content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or User on the System are those of such third party suppliers or Users. We do not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your Use of such content or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with us.
Disclaimer: Content and other information contained on the System has been prepared as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. We have used reasonable efforts in collecting, preparing and providing quality information and material, but make no warranty or guarantee about the accuracy, completeness, or adequacy of the content or other information contained in or linked to the System or any other website maintained by us. Users relying on content or other information from the System do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the products and services described herein, but are provided solely for general informational purposes; please refer to the actual lease or the relevant product or services agreement for complete terms and conditions. Should you lease a property from us or purchase a product or service from a third party, the terms and conditions applicable to that transaction will govern such rental or purchase, as applicable, and your Use of the System does not affect that purchase in any manner.