Terms Of Use

Welcome to upinionz.com., a website owned and operated by Perceptron Labs, LLC. By using this website (“Site”) you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy and Service Plan agreements, if applicable, govern the relationship between you and Perceptron Labs, LLC provider of upinionz.com. The terms “Provider” or “us” or “we” refer to the owner of the Site, upinionz.com, whose office is 180 Talmadge Road, Suite 560, Edison, New Jersey 08817. The term “you” refers to the user or viewer of our Site.

The use of the Site and Services are subject to the following terms of use:
1. The content of the pages of the Site is offered for your general information and entertainment only. It is subject to change without notice. By providing e-mail to Provider you allow the Provider to contact you. The Site allows you to log onto it via your e-mail account. Additionally, the Site allows you to log in via your social media accounts such as Facebook™, Twitter™, Google™. The Site may automatically post news stories to your social media pages.

  1. The Site allows you to post comments and communicate with others. It allows you to upload photographs and video. This may include text, photos, images and all other material. You warrant and represent that you have full authority to submit such materials and that such submission does not infringe upon the rights of any third parties including trademark, copyright or right of publicity. While the Site encourages spirited political debate, it retains full authority to remove posts and uploaded material which it deems inappropriate. You agree not to upload, post or otherwise transmit any User Content that:

violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;

you know to be false, misleading or inaccurate;

contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;

contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd;

violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;

advocates violent behavior;

poses a reasonable threat to personal or public safety;

contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes.

violates local, state or federal law.

Additionally, you agree that you will not transmit any or store material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or harass or interfere with another user’s use and enjoyment of the Service. You agree to fully indemnify Provider for any misuse or abuse of this site or service resulting in damages to Provider or a third party. Provider shall have the right, but not the obligation, to monitor the User Content posted or uploaded to the Site to determine compliance with these Terms of Use and any operating rules established by Provider and to satisfy any law, regulation or authorized government request. Although Provider has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense. In addition, Provider may share personally identifiable information in response to a law enforcement agency’s request, or where we believe it is necessary, or as otherwise required by law. Please refer to our privacy policy for additional information. Provider’s prerogative to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of Provider in connection with or arising from your use of the Interactive areas on the Site.

  1. You may report inappropriate behavior to Provider by contacting us at info@upinionz.com Provider, in its sole discretion, may terminate a user’s account for submission of inappropriate or objectionable material as outlined above.
  2. All submissions including author opinion pieces made by you become the property of the Site. You give the Site a royalty-free, irrevocable, perpetual, worldwide, exclusive, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit such content, in whole or in part in any form, media or technology now known or later developed.
  3. Additionally, by accessing and using our Site and Service, you agree to be bound by the terms found in our Privacy Policy which can be accessed by the following link.
  4. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense.
  5. Provider does not endorse and is not responsible for the actions, operations of any party other than Provider.
  6. It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Provider of any unauthorized uses of your user name and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
  7. The information published on the Site may include factual inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time. Provider is a distributor (and not a publisher or creator) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or other users of the Site, are those of the respective author(s) or distributor(s) and not of Provider. Provider does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through the Site represents the opinions and judgments of the respective user or information provider not under contract with Provider. Provider neither endorses nor is responsible for the accuracy of any opinion, advice or statement made on the Site by any third party. Under no circumstance will Provider be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site. Provider is not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of a professional, as appropriate, regarding the evaluation of any specific, information, opinion, advice or other content.
  8. You agree that Provider, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
  9. ASSUMPTION OF RISK. YOUR USE OF THE SITE AND THIS SERVICE ARE ENTIRELY AT YOUR OWN RISK. SUCH RISKS MAY INCLUDE BUT ARE NOT LIMITED TO FORCE MAJEURE EVENTS, VIRUSES, HACKERS’ ATTACKS, DEFECTIVE SERVICES PROVIDED BY THIRD PARTIES OR GOVERNMENT ACTIONS.
    12. Provider may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Provider, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Provider is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
  10. Provider, its parent, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.

14 Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER PROVIDER, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
(B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF PROVIDER OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT TURNER AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.

  1. Your use of the Provider Site and any dispute arising out of such use of the Site and App is subject to the laws of the State of New Jersey, United States of America and applicable federal law without regard to conflicts of laws principles. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of New Jersey. An award of arbitration may be confirmed in a court of competent jurisdiction.