Terms of Service

1. Agreement to Terms

By accessing or using the Upstream Data website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

2. Use License

Permission is granted to temporarily access and use the materials on Upstream Data's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify or copy the materials
• Use the materials for any commercial purpose or for any public display
• Attempt to reverse engineer any software contained on the website
• Remove any copyright or other proprietary notations from the materials
• Transfer the materials to another person or "mirror" the materials on any other server

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Upstream Data at any time.

3. Disclaimer

The materials on Upstream Data's website are provided on an 'as is' basis. Upstream Data makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Upstream Data does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Upstream Data or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Upstream Data's website, even if Upstream Data or an authorized representative has been notified orally or in writing of the possibility of such damage.

5. Accuracy of Materials

The materials appearing on Upstream Data's website could include technical, typographical, or photographic errors. Upstream Data does not warrant that any of the materials on its website are accurate, complete, or current. Upstream Data may make changes to the materials contained on its website at any time without notice.

6. Links

Upstream Data has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Upstream Data of the site. Use of any such linked website is at the user's own risk.

7. Modifications

Upstream Data may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Canada and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

9. Intellectual Property

All content, features, and functionality of the website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, are the property of Upstream Data or its content suppliers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

10. User Accounts

If you create an account on our website, you are responsible for maintaining the security of your account and password. Upstream Data cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

11. Prohibited Uses

You may not use our website:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate the company, a company employee, another user, or any other person or entity
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website

12. Indemnification

You agree to defend, indemnify, and hold harmless Upstream Data and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the website or your violation of these Terms of Service.

13. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.

14. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: inquiries@upstreamdata.com
• Phone (Canada): +1 (639) 536-3390
• Phone (United States): +1 (307) 333-1554