Terms and Conditions

By using the http://upvate.com/ website you agree to the following terms and conditions. Please read them before using this website. If you use this website and any website related services (collectively, the “Website”), you are subject to the terms and conditions set forth in this Website Terms of Use Agreement and the Privacy Policy (collectively, “the Agreement”). If you do not agree to these terms and conditions, you may not access or use the Website.

Terms of Use Table of Contents:

1. Permitted use of Website
2. Rules of Conduct
3. Content and Reliability
4. Changes and Revisions to this Agreement
5. Monitoring
6. Copyright, Trademark and Other Legal Rights
7. Limitation of Liability and Disclaimer of Warrantees
8. Disclaimer of Damages
9. Indemnification
10. Severability
11. Termination
12. Applicable Law
13. Your Acknowledgement
14. Parameters for participant reentry

1. Permitted use of Website. You may access this Website to view materials on the Website, download information and print out hard copies for use in tracking and preparation of filing annual tests and violations.
2. Rules of Conduct. You agree not to:
   • Use the Website for any fraudulent or unlawful purpose;
   • Impersonate any person or entity;
   • Interfere with or disrupt the operation of the Website;
   • Transmit or otherwise make available in connection with the Website any virus, worm, Trojan Horse, robot, spyware, or other computer code, malicious or non-malicious;
   • Restrict or inhibit any other person from using the Website, including by means of hacking or defacing any portion of the Website;
   • Interfere with or violate any other visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users;
   • Sell, resell, transfer, license or exploit for any commercial purposes any use of or access to the Website;
   • Modify, adapt, translate, reverse engineer, decompile or dissemble any portion of the Website;
   • Misuse passwords;
   • Frame or mirror all or any part of the Website without our express written authorization;
   • Attempt to gain unauthorized access to the information of anyone else or to any computer systems or networks connected to any of our servers; or;
   • Publish or disseminate any link to the contents of this Website without our express written consent.
3. Content and Availability. The content and availability of the Website may change at any time. TessT, LLC shall not be liable to you for any change to the Website or in connection with the availability of the Website.
4. Changes and Revisions to this Agreement. TessT, LLC may change or revise this Agreement at any time by posting an amended Agreement on the Website. The changes or revisions (which may include new terms and conditions) are effective on the date the new Agreement is posted on the Website. You can review the most current version of the Agreement by clicking on the Terms of Use hypertext link on our Home Page. TessT, LLC are not obligated to inform you of such changes or revisions.
5. Monitoring. Use of this Website may be monitored, tracked and recorded. By using this Website, you consent to such monitoring, tracking and recording.
6. Copyright, Trademark and Other Legal Rights. TessT, LLC own the content of this Website, including but not limited to all design, text, processes and images, and the Website is protected by copyright and trademark law, international treaties and other applicable laws and regulations. Except as otherwise expressly provided in this Agreement, the content may not be modified, copied, transmitted, displayed, reproduced, published, sold, distributed, licensed, altered, framed, stored for subsequent use or otherwise used in any manner without our prior written consent.
7. Limitation of Liability and Disclaimer of Warranties. THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TESST, LLC DO NOT MAKE ANY WARRANTY AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, THAT MAY ARISE FROM YOUR USE OF OR RELIANCE ON THIS WEBSITE (AND ANY LINKS TO OTHER WEBSITES THAT ARE CONTAINED WITHIN THE WEBSITE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TESST, LLC EXPRESSLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL OTHER WARRANTIES ARISING FROM USEAGE OF TRADE OR COURSE OF DEALING. TESST, LLC SHALL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INABILITY TO USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE WEBSITE OR FOR THE INCOMPATIBILITY BETWEEN THE WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Disclaimer of Damages. TESST, LLC SHALL NOT BE LIABLE FOR ANY PROBLEMS YOU EXPERIENCE WITH THE WEBSITE DUE TO CAUSES BEYOND OUR CONTROL. TESST, LLC SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR INFORMATION AVAILABLE ON THE WEBSITE WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TESST, LLC AND/OR OUR AGENTS OR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY UNDER THIS AGREEMENT OR REGARDING OUR SERVICES PROVIDED THROUGH THE WEBSITE EXCEED THE SERVICE FEES ACTUALLY PAID BY YOU TO US DURING THE TERM OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. Indemnification. You agree to defend, hold harmless, and indemnify and hold Upvate.com; Tesst LLC; Management Excellence Inc. and their affiliates and their respective officers, directors, and managers harmless from any and all liabilities costs and expenses, including reasonable attorney’s fees, related to any breach of this Agreement or violation of any law or regulation by you.
10. Severability. In the event any of the terms or provisions of this Agreement is held to be unenforceable, the remaining terms and provisions shall not in any way be affected or impaired thereby.
11. Termination. Either party may terminate this Agreement at any time. Without limiting the foregoing, TessT, LLC shall have the right to immediately terminate your passwords or accounts in the event you engage in conduct which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of this Agreement. All provisions shall survive termination of this Agreement.
12. Applicable Law. This agreement shall be governed and interpreted by applicable federal laws and the internal laws of the Commonwealth of Virginia. Any dispute arising out of or in connection with this Agreement or the Website must be brought only in the federal or state courts located in the City of Richmond, Virginia.
13. Your Acknowledgement. You acknowledge and agree that the services provided through the Website are provided for your convenience, may not be available at all times due to events outside of our control; and that the services provided through the Website are not a substitute for storing records, documents, and other tangible information in a safe and secure physical location.

Privacy Policy
Table of Contents:

1. Our Commitment to Privacy
2. The Information TessT, LLC Collect
3. How TessT, LLC Use Information
4. Our Commitment to Data Security
5. How You Can Correct or Update Your Information
6. How to Contact Us

1. Our Commitment to Privacy: Your privacy is important to us. To better protect your privacy TessT, LLC provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, TessT, LLC make it available as a link on our webpage footers.
2. The Information TessT, LLC Collect: This notice applies to all information collected or submitted on the tesst.com website. The types of personal information collected at these pages are …….
3. Our Commitment to Data Security: To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, TessT, LLC have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information TessT, LLC collect online.
4. How to Contact Us: ……. Should you have other questions or concerns about these privacy policies or otherwise need to contact us, please visit: http://support.upvate.com