Please read all these provisions (“terms”) carefully before using this Web site. Using this Web site indicates your agreement and acceptance of these terms. If you do not accept these terms, do not use this Web site or download materials from this site.
The Site and Its Use:
Cumulus Beverage Development dba Upwell Beverages, ("Upwell Beverages”) Web site is owned and provided by Upwell Beverages from its offices in Albuquerque, New Mexico. The Web sites of Upwell Beverages’ subsidiaries and affiliated companies are each owned and provided by such subsidiaries and companies. For purposes herein, Upwell Beverages and its subsidiaries and affiliated companies are collectively referred to as "Upwell Beverages." The applicable Web site or sites are referred to herein as the "Site." Each Site is provided for your personal information and non-commercial use. Please feel free to browse the Site. However, your access to and use of the Site is subject to the following terms and all applicable laws:
- You shall use the Site for lawful purposes only.
- You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable.
- Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without Upwell Beverages 's prior written approval, contain advertising or any solicitation with respect to products or services.
Any conduct by you that, in Upwell Beverages' opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted. The Site contains information and material, including, but not limited to, text, software, photos, video, graphics and audio, (collectively "Materials") which are derived in whole or in part from information and materials supplied by Upwell Beverages and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws.
Upwell Beverages owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution.
This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of Upwell Beverages 's or such other sources' copyright, trademark and other proprietary rights and may violate other laws. The use of any such Materials on any other Web site or networked computer or environment is prohibited without Upwell Beverages 's express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.
The site and materials and related communications are provided “as is” without any representations or warranties, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances. Under these circumstances, all other exclusions remain in force. Upwell Beverages does not warrant the accuracy, reliability or completeness of any information contained on this site. Nor does it warrant or represent that any information may be suitable for use in any circumstance or application. By using this site you acknowledge that any reliance on any such materials, advice, statement or information shall be at your sole risk. Upwell Beverages assumes no responsibility and shall not be liable for any damages of any nature caused by the use of this site. This express disclaimer includes damages caused by viruses, worms, trojans or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to, use of, or browsing in this site.
Upwell Beverages may provide as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this one. Any link to a non-Upwell Beverages Web site does not mean that Upwell Beverages endorses or accepts any responsibility for the content, or the use of such Web site. If you use these sites, you do so at your own risk. Upwell Beverages makes no warranty or representation regarding, and does not sponsor or endorse, any linked Web sites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that Upwell Beverages is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Upwell Beverages.
Third Party Content
Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of Upwell Beverages.
Limitation of Liability
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site. Under no circumstances will Upwell Beverages, its suppliers or other third parties mentioned at, or involved in creating, producing, or delivering the site be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of the site any Websites linked to the site, or any materials contained at any or all such sites (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to other Websites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not Upwell Beverages was advised of the possibility of such damages.
Upwell Beverages shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party. Upwell Beverages’ obligations and responsibilities regarding its products and services are governed solely by Upwell Beverages’ terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available from the applicable Upwell Beverages entity.
The Materials at the Site may contain various forward-looking statements and which may be based on or include assumptions, concerning Upwell Beverages 's operations, future results and prospects. These forward-looking statements are based on current expectations and are subject to risk and uncertainties. In connection with the "Safe Harbor" provisions of the United States' Private Securities Litigation Reform Act of 1995, Upwell Beverages provides the following cautionary statement identifying important economic, political and technology factors which, among others, could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions.
Such factors include, but are not limited to, the following: (1) changes in the current and future business environment, including interest rates and capital and consumer spending; (2) competitive factors and competitor responses to Upwell Beverages 's initiatives; (3) successful development and market introductions of anticipated products; (4) changes in government laws and regulations, including taxes; (5) unstable governments and business conditions in emerging economies; (6) continuation of the favorable environment to make acquisitions, domestic and foreign, including regulatory requirements and market values of candidates.
Information Provided By You
It has been and remains Upwell Beverage's policy not to accept or consider ideas, suggestions or materials other than those that Upwell Beverages has specifically requested from you. Accordingly, Upwell Beverages does not want you to, and you should not, send any confidential or proprietary information to Upwell Beverages through the Site unless specifically requested by Upwell Beverages . Please note that any unsolicited information or material sent to Upwell Beverages will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically grant to Upwell Beverages (or warrant that the owner of such information and material has expressly granted to Upwell Beverages ) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Upwell Beverages is free to use any ideas, concepts, know-how, or techniques that you send Upwell Beverages for any purpose.
As further provided above, Upwell Beverages does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to Upwell Beverages that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity. You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
Upwell Beverages reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, Upwell Beverages is under no obligation to update Materials. Upwell Beverages may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change Upwell Beverages makes to the Site will be considered acceptance of those changes.
You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
Linking to Site
Anyone linking to Upwell Beverages 's Site must comply with Upwell Beverages's guidelines for linking to Upwell Beverages 's Site and all applicable laws. You are hereby given permission to link to the root domain of the Site at WEBSITE . You may not link directly to other pages, resources, media, images, or Materials without Upwell Beverages’s express written permission. Doing so is a violation of applicable copyright law.
The Site is administered by Upwell Beverages from its offices in the United States of America. Materials published at the Site may refer to products, programs, or services that are not available in your country. Consult your local Upwell Beverages business contact in this regard. Furthermore, Upwell Beverages makes no representation that the Materials at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.
These Terms shall be governed by the laws of the State of New Mexico, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between Upwell Beverages and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.