Terms and Conditions

Last Updated: January 1, 2024

These Terms and Conditions ("Terms") govern your access to and use of the utvobitnest website (utvobitnest.com) and all content, services, and products available through the website (collectively, the "Site"). The Site is owned and operated by utvobitnest ("we", "us", or "our").

Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the Site or use any of its services.

1. Acceptance of Terms

By using this Site, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into binding agreements;
• You agree to abide by and be bound by these Terms;
• You will use the Site in a manner consistent with any and all applicable laws and regulations.

2. Access to the Site

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes. This license does not include:

• Modifying or copying the materials on our Site;
• Using the materials for any commercial purpose or for any public display;
• Attempting to reverse engineer any software contained on the Site;
• Removing any copyright or other proprietary notations from the materials;
• Transferring the materials to another person or "mirroring" the materials on any other server.

We reserve the right to restrict access to certain areas of the Site, or the entire Site, at our discretion. We may monitor your use of the Site and may suspend, restrict, or terminate your access to the Site if we believe you are in breach of these Terms.

3. Intellectual Property Rights

3.1 Our Content

The Site and its original content, features, and functionality are owned by utvobitnest and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All trademarks, service marks, and trade names used on the Site are proprietary to utvobitnest or other respective owners who have granted utvobitnest the right and license to use such marks.

3.2 Your Use of Our Content

You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Site without our written permission. You may download or copy content for your personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such content.

3.3 User Content

By submitting, posting, or displaying content on or through the Site, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. This license exists only for the purpose of operating, promoting, and improving the Site.

4. User Responsibilities

When using the Site, you agree not to:

• Use the Site in any way that violates any applicable local, national, or international law or regulation;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site;
• Use the Site to impersonate or attempt to impersonate utvobitnest, a utvobitnest employee, another user, or any other person or entity;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
• Use the Site to publish or distribute any material that is harmful, offensive, racially or ethnically offensive, defamatory, infringing, invasive of privacy, or otherwise objectionable;
• Harvest or collect email addresses or other contact information of users from the Site;
• Use the Site to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

5. User Accounts

When you create an account with us, you guarantee that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

6. Third-Party Links and Content

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by utvobitnest. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that utvobitnest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

7. Disclaimers

7.1 General Disclaimer

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. utvobitnest EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 Accuracy and Reliability

utvobitnest DOES NOT WARRANT THAT THE SITE OR ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL utvobitnest, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

9. Indemnification

You agree to defend, indemnify, and hold harmless utvobitnest, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Latvia, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Latvia, and you hereby consent to the personal jurisdiction and venue therein.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes.

12. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Entire Agreement

These Terms, together with any additional terms and conditions or policies referenced herein or that we otherwise may provide to you, constitute the entire agreement between you and utvobitnest regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

14. Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall remain in full force and effect.

15. Waiver

No waiver by utvobitnest of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by utvobitnest to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

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