• Registration Requirement. Certain features and functions of the Service, including but not limited to remote management, software updates (including security patches), cloud backup and SD-WAN (collectively, the “Cloud Features”), require the registration of an Account and enabling the remote access feature. If You choose to (a) not sign in with Your Account or (b) disable the remote access feature, You agree and acknowledge that You assume all risk and liabilities associated with using the Service without the Cloud Features.
• Limitations on Use. You agree that:
  • The Service may only be used to manage genuine Products and cannot be used to manage non-genuine Products or third-party products.
  • You shall not represent, suggest, promote, or advertise to any third party in a manner that could lead to ambiguity or misunderstanding as to Your relationship with Ubiquiti.
  • You shall not (i) use any Mark as part of the name, trademark or logo of Your business, products and services, (ii) register or seek to register any trademark, logo or designation that is confusingly similar to any Mark, (iii) use abbreviations or foreign language translations of any Mark, (iv) register or use any domain names that incorporate any Mark, (v) modify, animate, or morph a Mark, (vi) copy or imitate the look, design or overall impression of any Ubiquiti Mark, product, service or website, or (vii) place any Mark next to products that are not made by Ubiquiti, or use the Marks in any way that suggests association with a third-party product or service.
• Covenants.
  • You shall not, and You shall cause Your Authorized Users not to, directly or indirectly, make any statement or announcement that constitutes an ad hominem attack on, or otherwise disparages or causes to be disparaged Ubiquiti, its affiliated entities and any of their directors, officers, employees, services or products. You shall not, and You shall cause your Authorized Users not to, take any action which could adversely affect the goodwill and reputation of Ubiquiti, its affiliates and their products and services.
  • You shall maintain complete and accurate records related to Your obligations under these Terms. Ubiquiti reserves the right to audit Your records in order to confirm the compliance with these Terms. You shall, at no cost to Ubiquiti, promptly provide all information reasonably requested by Ubiquiti or its agent and provide full cooperation to meet all other reasonable requests by Ubiquiti or its agent. Such audits may be conducted during Your normal business hours following at least 5 days’ written notice to You.
  • If You assign or transfer the Service to any third party or permit any third party (other than Your Authorized Users) to access or use the Service, You shall (i) ensure such third party is informed of these Terms and agrees to be bound by these Terms and (ii) remain liable for any non-compliance of these Terms by such third party. The term “You” shall be deemed to include such third party.
• Suspension or Termination of Services. Ubiquiti may, in its sole discretion, without any prior notice and without any reason, suspend, terminate or otherwise deny Your, any Authorized User's or any other person's access to or use of all or any part of the Service, including but not limited to disabling features and functions such as remote management, online backup, software updates and SD-WAN, without incurring any resulting obligation or liability. You acknowledge and agree that Ubiquiti may use any software, hardware or other technology (the “Disabling Technology”) in connection with any suspension or termination of the Service to You. You shall not circumvent or tamper with any Disabling Technology.
• Limitation of Liabilities and Indemnification. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE”, WITH ALL FAULTS. UBIQUITI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SERVICE AND ITS FEATURES OR FUNCTIONALITY AND ANY COMMUNICATION WITH YOU IS FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE A WARRANTY OR REPRESENTATION. WITHOUT LIMITING THE FOREGOING, UBIQUITI DOES NOT WARRANT THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE OR COMPLETE; (III) THE SERVICE WILL BE COMPATIBLE WITH YOUR NETWORK, COMPUTER OR DEVICES; (IV) IT WILL CONTINUE TO DEVELOP, PROVIDE, UPDATE OR UPGRADE ALL OR ANY PART OF THE SERVICE; (V) OR THAT UBIQUITI OR ANY THIRD PARTY WILL RESOLVE ANY PARTICULAR SUPPORT REQUEST, FIX ANY ERRORS OR THAT SUCH RESOLUTION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERVICE. You shall indemnity, defend and hold harmless Ubiquiti, its affiliates and its and their officers, directors, employees, agents, licensors and suppliers from and against any loss or liability resulting from or arising out of any claim: (a) relating to the inaccuracy, untruthfulness, or breach of any representation, covenant or warranty by You, Your affiliates, Your Authorized Users, and Your employees, agents, and contractors (the “Your Parties”); (b) relating to actual or alleged personal injury, property loss or damage caused by any act or omission by Your Parties; or (c) relating to Your use of the Service or the suspension or termination of all or any part of the Service by Ubiquiti.

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