Terms of Use


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1. Acceptance of Terms of Use.


Utila, LLC ("Utila") permits you ("You", "User" or when used in the possessive, "Your") to access and use this website (collectively "Use") subject to these Terms of Use ("Agreement"), which may be updated by Utila from time to time without notice to You. You can review the most current version of this Agreement on this Site at any time. By accessing or using this Site, you agree to be legally bound by the terms of this Agreement

2. Age Requirements.


In order to Use this Site, Utila requires that You be at least 13 years of age, which You are hereby notifying Utila that you are. At any time that Utila has reasonable grounds to suspect that You are less than 13 years of age, Utila will have the right to terminate Your Use of this Site and to prevent any future Use by You of this Site.

3. Your Use of Site Content.


You understand and agree that You are permitted to make any use of any or all of the content and information contained on this Site (collectively, "Site Content") solely for your personal and non-commercial purposes, unless otherwise permitted in advance by Utila in writing.  For example, you may not copy, transmit, distribute, or otherwise make available any Site Content to any third party in any form, format, or medium, in whole or in part.  All rights not expressly granted in this Agreement are reserved to Utila and its suppliers.

4. Termination.


User understands and agrees that Utila may, without prior notice, immediately terminate your Use of the Site and the Site Content in Utila’s sole discretion for any reason or for no reason.  Following any termination of this Agreement, the following sections of this Agreement shall remain in effect:  Sections  5 (Indemnity), 6 (Disclaimer of Warranties), and 7 (Limitations of Liability).

5. Indemnity.


You agree to indemnify and hold Utila and its agents and affiliated companies harmless from and against, any claim or demand, including but not limited to any court costs and reasonable attorneys' fees, made by any third party arising out of, or in connection with, Your Use of the Site and/or Site Content.

6. Disclaimer of Warranties.


YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND THE SITE CONTENT ARE AT YOUR SOLE RISK, AND THAT THE SITE AND THE SITE CONTENT ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE"  BASIS. UTILA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Liability.


YOU UNDERSTAND AND AGREE THAT UTILA SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF UTILA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO: (i) YOUR USE OR INABILITY TO ACCESS THE SITE AND/OR THE SITE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR (iii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SITE CONTENT.  TO THE EXTENT THAT A COURT OF COMPETENT JURISDICTION FINDS UTILA LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT. THE AWARD AGAINST UTILA SHALL NOT EXCEED $100.

8. General Terms.


This Agreement constitutes the entire agreement between You and Utila regarding the subject matter of this Agreement, superseding any prior proposals, communications, understandings, or agreements between You and Utila.  You and Utila agree that this Agreement, and the relationship between the parties under this Agreement, shall be governed solely  by the laws of the State of California without regard to its conflict of law provisions, and that any and all claims, causes of action, or disputes (regardless of legal theory) arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in the county of Santa Clara, California, United States of America.  You agree to submit to the personal jurisdiction of such courts, and to waive any and all objections to the exercise of jurisdiction over the parties to this Agreemeny by such courts and to venue in such courts.  The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that such court should endeavor to give effect to the parties' intentions as reflected in such provision, and the other provisions of this Agreement shall remain in full force and effect.  No third-party is, nor shall be deemed, a beneficiary to this Agreement.

Utila Terms of Use last updated  February, 2014.