Terms of Service
The following terms and conditions govern the use of https://utahglobalinvestments.com (the “Website”). The Website is owned and operated by Utah Global Investments, LLC (“Utah Global Investments,” “UGI,” “We,” or “Us.”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by UGI, acceptance is expressly limited to these terms.
1. Your User Account(s).
UGI may create an account for you on the Website. Some areas of the Website may allow you to create your own user account. User accounts and user access have been enabled to allow UGI to provide services in a confidential online forum.
By accessing your user Account, you agree that you are responsible for maintaining the security of your account, and that you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website.
UGI may change or remove any information you place in blog post comments, or other areas of the site, that it considers inappropriate, unlawful, or otherwise likely to cause UGI liability.
You must immediately notify UGI of any unauthorized uses of your account or any other breaches of security. UGI will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Site Visitors and Potential Clients.
If you post material to the Website, communicate information to UGI for the purpose of receiving assistance, or otherwise make (or allow any third party to make) material available by means of your user account or your interactions with the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
By submitting Content to UGI you grant UGI a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting the content on the Website. If you delete Content, UGI will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, UGI has the right (though not the obligation) to, in UGI’s sole discretion (i) refuse or remove any content that, in UGI’s reasonable opinion, violates any UGI policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in UGI’s sole discretion. UGI will have no obligation to provide a refund of any amounts previously paid.
3. Intellectual Property.
This Agreement does not transfer from UGI to You any UGI or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with UGI.
Utah Global Investments, LLC, www.utahglobalinvestments.com, the UGI logo, and all other trademarks, service marks, graphics and logos used in connection with UGI, or the Website are trademarks or registered trademarks of UGI or UGI’s licensors.
Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any UGI or third-party trademarks.
UGI reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. UGI may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
UGI may terminate your account, including your access to all or any part of the Website, if you materially breach this Agreement and fail to cure such breach within thirty (30) days from UGI’s notice to you thereof. UGI may also terminate the Website immediately as part of the general shut down of our service. If you wish to terminate this Agreement or your account(s) on our Website, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. Limitation of Liability.
In no event will UGI, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to UGI under this agreement during the three (3) month period prior to the cause of action. UGI shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
7. General Representation and Warranty.
You agree to indemnify and hold harmless UGI, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Notice, including written notice, as contemplated by this Agreement, must be given in the following manner:
a. From You to UGI.
You must provide notice to UGI via the contact form available at https://utahglobalinvestments.com/contact. Attempts to contact UGI through other means made available on the website will not constitute notice under this agreement.
b. From UGI to You.
UGI will provide notice to You via the e-mail address provided with your notice to UGI. If UGI must provide notice to You but no e-mail address is available, UGI may provide notice through the Website.
This Agreement constitutes the entire agreement between UGI and You concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of UGI, or by the posting by UGI of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Utah, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Provo, Utah.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; UGI may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
11. Disclaimer of Warranties.
THE WEBSITE IS PROVIDED “AS IS.” UGI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UGI IS ALSO NOT RESPONSIBLE FOR INFORMATION APPEARING ON THIRD-PARTY WEBSITES THAT UGI LINKS TO. UGI MAKES NO WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.