Last updated: January 13, 2017
By browsing the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to any of the terms or conditions contained herein, do not use the Site.
Collection and Use of Personal Information
The Site contains material, such as text, graphics, images, and other material provided by or on behalf of UCM (collectively referred to as the “Content”). The Content may be owned by us or by third parties, and is protected under both United States and foreign laws. The Content includes, but is not limited to, the trademarks, service marks, and logos owned and controlled by UCM used and displayed on the Site, which are registered and unregistered trademarks or service marks of UCM and/or its licensors.
• Use our trademarks without our written permission in each instance;
• Copy or use the Content for any purpose other than your own personal use;
• Remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content;
• Sell, transfer, assign, license, sublicense, or modify the Content, or use the Content for any public or commercial purpose;
• Use or post the Content on any other website or in a networked computer environment
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY.
We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ALL CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE OR THAT ANY CONTENT IS ERROR FREE OR ACCURATE. WE DO NOT WARRANT THAT ANY DEFECTS IN THE SITE OR ANY CONTENT WILL BE CORRECTED. WE WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR ANY CONTENT.
IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE OR ANY CONTENT IS TO STOP USING THE SITE AND THE APPLICABLE CONTENT.
Third Party Sites
From time to time, you may communicate with, receive communications from, be redirected to, interact with, or participate in or use the services or obtain goods and services of or form, third parties such as advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) through the Site. All such communication, interaction and participation, including any contractual arrangements, is strictly between you and such Advertiser(s) and we shall not be responsible or liable to you in anyway in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser(s) or any goods or services that you may purchase or obtain from any Advertiser(s)).
Compliance with Applicable Laws
The Site is intended to be used only by residents of the United States. We make no claims concerning whether any Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
If you believe the Site contains any Content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
To contact our Copyright Agent by regular mail, please write to:
[Mailing address forthcoming]
To contact our Copyright Agent by email, please write to [email address forthcoming], with COPYRIGHT NOTICE in the subject line.
In the event that any portion of these Terms is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms shall remain in full force and effect. This section, the section entitled Indemnification, and the sections entitled Disclaimer, Limitation of Liability and Intellectual Property shall survive the termination of these Terms.
You may not assign these Terms. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms. These Terms shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in New York, New York.
These Terms contain the entire agreement of the parties concerning the subject matter hereof and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.
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