USE OF UMP'S WEBSITE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." UMP, NOR ITS SUBSIDIARIES, AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING UMP'S WEBSITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH UMP'S WEBSITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF UMP'S WEBSITE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES UMP'S WEBSITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. UMP AND ITS SUBSIDIARIES AND AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT PROVIDED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
UMP'S WEBSITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. UMP DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE UMP'S WEBSITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL UMP OR ITS SUBISDIARIES, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL UMP OR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
Indemnity. You agree to indemnify, defend and hold harmless UMP, its subsidiaries and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and their successors and assigns (collectively the "UMP parties"), FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE UMP WEBSITE; (2) USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR SUBSCRIPTION ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU. International Users. The UMP website is controlled, operated and administered by UMP from its offices within the United States. UMP makes no representation that materials or Content available through the UMP website are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the UMP website or export the Content in violation of U.S. export laws and regulations. If you access the UMP website from a location outside the United States, you are responsible for compliance with all applicable laws. Furthermore, you agree that UMP is not agreeing to be subject to the laws or courts of any foreign country and by using this website agree to the jurisdiction and choice of law provisions set forth herein.
You acknowledge and agree that as a condition to your use of UMP, each third party provider of Content through the UMP website shall automatically be deemed a third party beneficiary to this Agreement for purposes of enforcing its rights and privileges, including, without limitation, related to copyright, trademark and proprietary rights.
Any failure of UMP to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content and protection of proprietary rights, the license(s) you have granted to UMP, warranty disclaimers and limitations on liability, general provisions, and all other provisions for which survival is equitable or appropriate.
University Medical Pharmaceuticals Corp.
Irvine, CA 92618