TERMS
OF USE AGREEMENT
Welcome
to the website of UNI-SOURCE 2000, Inc. (collectively “UNI-SOURCE 2000” “website” “site” “we” “our” or
“us”). UNI-SOURCE 2000 is the owner of a
proprietary enterprise debt collection software-as-a-service application for
financial institutions called VQueue.Network (VQN) (collectively the “Services”).
The
following Terms of Use, together with any documents they expressly incorporate
by reference (collectively, these “Terms of Use”), govern your (“Your” “You” or
“User”) access to and use of this website (the “Website”) and use of the
Services.
Please
read the Terms of Use carefully before you start to use the Website or
Services. By using the Website or Services, you accept and agree to be
bound and abide by these Terms of Use and our Privacy
Policy incorporated herein by reference (“Privacy Policy“)_______ available at https://uni-collect.com/saas-privacy-statement/. If
you do not want to agree to these Terms of Use or the Privacy Policy, you must
not access or use the Website or Services.
This Website and Services are offered and available to
users who are 18 years old or older. By using this Website or Services you
represent and warrant that you are of legal age to form a binding contract with
UNI-SOURCE 2000. If you are not 18 years old or older, you must not access or
use the Website or Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR
CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE
THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL
ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT
OR CLASS.
Be
advised that UNI-SOURCE 2000, including its employees are not offering or
providing any financial or legal advice on its website or through its
Services.
CERTAIN USE LIMITATIONS
The website is offered to you free of charge to view, while
other Services, including accessing VQueue.Network (VQN), Our web based SaaS
application through our Services are fee based and you are required to execute
Our Subscription Agreement as a condition to being granted access to
VQueue.Network (VQN).
UNI-SOURCE
2000 grants you a non-exclusive, non-transferable, limited
permission to access and display only the Web pages within this site as a user,
customer or potential customer of the Services provided you comply with these
Terms of Use, and all copyright, trademark, and other proprietary notices
remain intact. You may only use a crawler to crawl this Web site as permitted
by this Web site’s robots.txt protocol, and UNI-SOURCE 2000 may block any
crawlers in its sole discretion. The use authorized under this agreement is
non-commercial in nature (e.g., you may not sell the content you access on or
through this Web site.) All other use of this site is prohibited. All rights
not expressly granted herein are reserved.
You may not copy, modify, distribute, sell, or lease any
part of our Website or Services, nor may you reverse engineer, decompile or
attempt to extract the source code of that software, unless applicable laws
prohibit these restrictions or you have our written permission to do so.
Except for the limited permission in the preceding
paragraphs, UNI-SOURCE 2000 does not grant you any express or implied rights or
licenses under any patents, trademarks, copyrights, or other proprietary or
intellectual property rights. You may not mirror any of the content from this
site on another Website or in any other media. Any software and other materials
that are made available for downloading, access, or other use from this site
with their own license terms will be governed by such terms, conditions, and
notices. Your failure to comply with such terms or any of the terms on this
site will result in automatic termination of any rights granted to you, without
prior notice, and you must immediately destroy all copies of downloaded
materials in your possession, custody or control.
You
agree that at any time in our sole discretion, without notice to you and
without liability of any kind, we may make improvements and/or changes to this
Website, restrict or terminate your access to or use of any part or all of the
Website, or refuse, move, or remove any material that you submitted to the
Website.
You
represent, warrant, and agree that any information or materials you submit to
or post on the Website (a) shall be true, accurate, and current; (b) will not,
directly or indirectly, violate, infringe or breach any duty toward or rights
of any person or entity, including without limitation any copyright, trademark,
service mark, trade secret, other intellectual property, publicity or privacy,
or Fair Housing right; (c) will not be fraudulent, misleading, hateful,
tortious, defamatory, slanderous, libelous, abusive, violent, threatening,
profane, vulgar or obscene; (c) will not harass others, promote bigotry,
racism, hatred or harm against any individual or group, promote discrimination
based on race, sex, religion, nationality, sexual orientation or age, or
otherwise interfere with another’s use of the Website; (d) will not promote
illegal or harmful activities; and (e) will not be illegal, unlawful or
contrary to any applicable laws or regulations where created, displayed, or
accessed.
You
agree not to (and not to assist any third party to): (a) engage in commercial
use of the Website or Services or any content on the Website or Services; (b)
reproduce, copy, display, screen grab, takes pictures or videos of, store,
perform, re-post, publish, transmit, distribute, sell, offer for sale, license,
modify, reverse engineer, decompile, create derivative works, or otherwise use
any portion of the content or Software offered on the Website or Services for
other than your own personal, non-commercial use; (c) remove any copyright,
trademark or other proprietary rights notices contained in or on the Website or
any content or other material obtained via the Website or any services on the
Website; (d) use any robot, spider, site search/retrieval application, or other
automated device, process or means to access, retrieve or index any portion of
the Website, such as for purposes of constructing or populating a searchable
database of business or property reviews; (e) collect or harvest any information
about other users for any purpose; (f) reformat or frame any portion of the web
pages that are part of the Website; (g) create user accounts by automated means
or under false, misleading or fraudulent pretenses; (h) create or transmit
unwanted electronic communications such as “spam” to other users or otherwise
interfere with other users’ enjoyment of the Website; (i) transmit any viruses,
worms, defects, Trojan horses or other items of a destructive nature; (j) use
the Website to violate the security of any computer network, crack passwords or
security encryption codes, or transfer or store illegal material, including any
material that may be deemed threatening or obscene; (k) copy or modify the HTML
code used to generate web pages on the Website; (l) use any device, software or
procedure that interferes with the proper working of the Website, or otherwise
attempt to interfere with the proper working of the Website; (m) take any
action that imposes an unreasonable or disproportionately large load on our IT
infrastructure; (n) modify, adapt, translate, or reverse engineer any portion
of the Website; (o) use the Website to violate any law or regulation, including
but not limited to Fair Housing laws and regulations, or (p) use the Website
for any purpose that is unlawful or prohibited or unauthorized by these Terms
of Use.
PAYMENT. For Services offered on a payment or subscription basis,
the following terms apply, unless UNI-SOURCE 2000 or its third party affiliates
notify you otherwise in writing. If you are given access to the UNI-SOURCE 2000
web based SaaS application or mobile application through Our Services you are
required to sign either Our Subscription Agreement. This Agreement also incorporates by reference and
includes program ordering and payment terms provided to you on the website for
the Services:
USE WITH YOUR MOBILE DEVICE
Use of the Website and Services may be
available through a compatible mobile device, Internet access and may require
software. You agree that you are solely responsible for these requirements,
including any applicable changes, updates and fees as well as the terms of your
agreement with your mobile device and telecommunications provider.
UNI-SOURCE 2000 MAKES NO WARRANTIES OR
REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
1.
THE AVAILABILITY OF
TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY
TIME OR FROM ANY LOCATION;
2.
ANY LOSS, DAMAGE, OR
OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
3.
ANY DISCLOSURE OF
INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR
SETTINGS CONNECTED WITH THE SERVICES.
THIRD PARTY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES
This
Website may feature information, materials, products, and services provided by
third parties, which may include content providers, payment processors,
advertisers, and other users (collectively, the “Third Party
Information”). All such information, materials, products, and services
made available by a third party are those of the third party and not us.
We make no representation or warranty with respect to, nor do we guarantee or
endorse, and we disclaim any express or implied warranty relating to, the
accuracy, completeness, quality, timeliness, non-infringing nature, legality,
condition, or reliability of any third party information, materials, products,
or services.
You
agree that we have no responsibility or duty to review, pre-screen, or approve,
and that we shall not be responsible or liable for, any third party
information, materials, products, or services or any loss or damage of any kind
suffered by you or any third party arising out of or relating to any of
them.
If you
choose to communicate or contract with any third party, or use any information,
materials, services or products of any third party, you agree that you will
address any issues or disputes regarding such matters directly with the third
party, and not us. You acknowledge that your participation in any
services provided by a third party or purchase of any product from a third
party will constitute your consent to such third party’s terms of service or
terms of use with respect to such service or product.
LINKS TO THIRD PARTY SITES
This
Website may contain links, inline frames, feeds, embedded content to or from
websites (collectively, “Third Party Links” or “Links”) operated by
parties other than UNI-SOURCE 2000. Such links are provided for your
convenience only, and do not indicate any endorsement of the material on such
websites or any association with their operators. You agree that
UNI-SOURCE 2000 is not responsible or liable for such websites, the
availability or contents of such websites, any products or services they offer,
or any damages any of the foregoing may cause you.
IN NO
EVENT SHALL UNI-SOURCE 2000 BE LIABLE FOR ANY DAMAGES SUFFERED BY A WEBSITE
USER (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE,
SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY LINKED
SITE OR THIRD PARTY WEBSITE OR RELATED SERVICES, REGARDLESS OF WHETHER SUCH
DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF
LIABILITY, AND ALSO REGARDLESS OF WHETHER UNI-SOURCE 2000 WAS GIVEN ACTUAL OR
CONSTRUCTIVE NOTICE THAT SUCH DAMAGES WERE POSSIBLE.
The
Website utilizes Google Maps, Google Translate and related content licensed to
us by Google and its licensors. By using the Google Maps and Google Translate
features available on the Website, you are agreeing to be bound by the
applicable policies, Terms of Use of Google.
Linking to this site
UNI-SOURCE 2000 consents only to links to this website in which the link
and the pages that are activated by the link do not: (a) create frames around
any page on this Web site or use other techniques that alter in any way the
visual presentation or appearance of any content within this site; (b)
misrepresent your relationship withUNI-SOURCE 2000; (c) imply that UNI-SOURCE
2000 approves or endorses you, your Web site, or your service or product
offerings; and (d) present false or misleading impressions about UNI-SOURCE
2000 or otherwise damage the goodwill associated withUNI-SOURCE 2000’ name or
trademarks. As a further condition to being permitted to link to this site, you
agree that UNI-SOURCE 2000 may at any time, in its sole discretion, terminate
permission to link to this Web site. In such event, you agree to immediately
remove all links to this Web site and to cease any related use of UNI-SOURCE
2000’s trademarks.
The
Content of Others
Content
(“content”) on our website may be produced by other users and other third
parties (“third party content”) and may contain content or materials
(“materials”) from publishers or other Users. Whether that content is posted
publicly or sent privately, the content is the sole responsibility of the
person or organization that submitted it. Although UNI-SOURCE 2000 reserves the
right to review all content that appears on the website or Services and to
remove any content that violates these Terms, we do not necessarily review all
of it. So we cannot—and do not—take responsibility for any content that others
provide through the website or Services.
Any
opinions, advice, statements, services, offers, or other information or content
expressed or made available by Users and third parties, including information
providers or any other users of the Website or Services, are those of the
respective author(s) or distributor(s) and not of UNI-SOURCE 2000.
You are responsible for your use of the website and Services and for any
Content you provide, including compliance with applicable laws, rules, and
regulations. As such, you should only provide Content that you are comfortable
sharing with others.
Any use
or reliance on any Content or materials posted via the website or Services or
obtained by you through the website or Services is at your own risk. We do not
endorse, support, represent or guarantee the completeness, truthfulness,
accuracy, or reliability of any Content or communications posted via the
website or Services or endorse any opinions expressed via the website or
Services. You understand that by using the website or Services, you may be
exposed to Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or are
otherwise deceptive. All Content is the sole responsibility of the person who
originated such Content. We may not monitor or control the Content posted via
the website or Services and, we cannot take responsibility for such Content.
We will respond to notices of alleged copyright infringement that comply with
applicable law and are properly provided to us.
Through
these Terms, we make clear that we do not want the website or Services put to
bad uses. But because we do not review all content, we cannot guarantee that
content on the website or Services will always conform to our Terms.
You may be able to post User Content. You must not post any User Content
that is threatening, abusive, unlawful, misleading, fraudulent, discriminatory,
libelous, defamatory, obscene or otherwise objectionable, or that contains
ethnic, sexual, racial or other discriminating slurs. You must also not post
any User Content that contains proprietary information, trade secrets,
confidential information, solicitations, advertisements, chain letters, pyramid
schemes, investment opportunities, or other unsolicited commercial
communication (except as otherwise expressly permitted by us in writing), or
encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing state,
government or federal identification information or numbers (whether your own
or of another person), such as national identification number, social security
number, passport number, insurance number, driver’s license number, immigration
number, or any other similar number, code, or identifier. Posting such
identification information could possibly cause identity theft. UNI-SOURCE 2000
may remove any such identification information, but we are under no obligation
to do so and have no responsibility and disclaim all liability or damages for
any user posting of such identification information.
UNI-SOURCE 2000 reserves the right to disclose all User Content and other
relevant or related information, and the circumstances surrounding their
transmission, to any third party in connection with operating the Site and
Services; to protect itself, its affiliates, its partners and its users or
visitors; and to comply with legal obligations or governmental requests. What
this means is that we may honor law enforcement or court-mandated requests such
as subpoenas or search warrants to reveal a user’s electronic address and
identity, or other properly requested information.
Although we have no obligation to do so, we may monitor User Content, and
reserve the right to
delete any User Content or portion thereof that, in UNI-SOURCE 2000’s sole
discretion, violates the above rules, including any User Content that is
unrelated to the specific area of the Site or Services on which it is posted,
or that is an advertisement, or other commercial message, or that UNI-SOURCE
2000 determines in its sole discretion to be inappropriate. If you believe that
any User Content violates this Agreement or our policies, we encourage you to
report the content or conduct to us so that we may have the opportunity to
consider whether to remove the content or not. Just so there is no ambiguity in
these Terms of Use, UNI-SOURCE 2000 does not have any obligation to remove any
User Content, and whether User Content is deemed to be inappropriate or
violates any UNI-SOURCE 2000 policy will always remain within the sole
discretion of UNI-SOURCE 2000.
Please take note of the following: Section 230 of the U.S. Communications
Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated
as the publisher or
speaker of any information provided by another information content provider.
(2) Civil liability No provider or user of an interactive computer
service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or
availability of
material that the provider or user considers to be obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise objectionable, whether or
not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content
providers or others
the technical means to restrict access to material described in paragraph (1).
License to User Content and Feedback
You retain your rights to any Content you submit, post or display on or
through the website. What’s yours is yours — you own your Content (and your
photos and videos are part of the Content).
By submitting, posting or displaying Content on or through the website,
you grant us a worldwide, non-exclusive, royalty-free license (with the right
to sublicense) to use, copy, reproduce, process, adapt, modify, publish,
transmit, display and distribute such Content in any and all media or
distribution methods (now known or later developed). This license authorizes us
to make your Content available to the rest of the world and to let others do
the same. You agree that this license includes the right for UNI-SOURCE
2000 to provide, promote, and improve the
website or Services and to make Content submitted to or through the
website or Services available to other companies, organizations or individuals
for the syndication, broadcast, distribution, promotion or publication of such
Content on other media and services, subject to our Terms of Use for such
Content use. Such additional uses by UNI-SOURCE 2000, or other companies,
organizations or individuals, may be made with no compensation paid to you with
respect to the Content that you submit, post, transmit or otherwise make
available through the website.
You represent and warrant that you have all the rights, power and
authority necessary to grant the rights granted herein to any Content that you
submit.
Only to the extent as permitted by law, if you post content or submit
material toUNI-SOURCE 2000, including photographs or material you grant Us a
nonexclusive, worldwide, perpetual, (revocable only as described below), fully
paid, royalty-free, sublicensable right and license to use, sell, make,
sublicense, reproduce, distribute, perform, display, prepare derivative works
from and otherwise exploit all such content and materials for the purpose of
publishing material on the Services, UNI-SOURCE 2000’ website or its publisher
partners, maintaining UNI-SOURCE 2000 website and promoting UNI-SOURCE 2000
without restriction. You further grant to UNI-SOURCE 2000, its affiliates, and
sublicensees the right to use your user name, user name, and/or trademarks and logos
in connection with any such User Content or UNI-SOURCE 2000 marketing materials
or content that we might publish or display on the site or Services.
As a user of the site or Services, you represent, warrant and acknowledge
that: (i) you own the User Content that you submit, display, post or otherwise
make available on or through the Site, or that you otherwise have the right to
grant the license set forth in this section, (ii) that all such User Content,
and its submission, display, posting or availability on or through the Site
does not violate any applicable law or the privacy rights, publicity rights,
copyrights, contract rights, intellectual property rights or any other rights
of any person or entity, and (iii) such submission, posting, display or
availability on or through the Site does not result in or cause any breach of
contract between you and any third party. You further agree to pay for all royalties,
fees, damages, and any other monies of any kind owed to any person or entity by
reason of such User Content. You agree to defend, indemnify and hold harmless
UNI-SOURCE 2000 and its affiliates and sublicensees from all claims of any kind
resulting from any such User Content. If you desire to request to revoke the
license granted by you in this Section for any such User Content, you must
email Us at: sales@uni-collect.com with a copy of your passport or national identity card (for identity
verification purposes) and request removal of such User Content. Your certified
letter of request to remove such User Content must include (a) your name,
address, telephone number, and email address; (b) the signature of the
applicable rights holder for such User Content or a person authorized to act on
behalf of the rights holder; (c) identification of the User Content for which
the license is to be revoked, and please provide all necessary information
reasonably sufficient to allow UNI-SOURCE 2000 to locate and remove such User
Content on the Site; (d) a written statement certifying that you have a good
faith belief that you are the rights holder or authorized by the rights holder
to revoke the license for the designated User Content; and (e) a statement that
the information in the request to remove the user content is accurate,
and under penalty of perjury, that you are the rights holder or are authorized
to act on behalf of the rights holder with respect to such User Content that
you desire to be removed from the site.
Only if you desire to do so voluntarily, you may offer feedback to
UNI-SOURCE 2000 about the functionality and performance of the Site, including,
without limitation, identifying ways to modify the site, potential errors,
making improvements, fixing bugs, or enhancements (“Feedback”). By providing
Feedback, you hereby grant to UNI-SOURCE 2000 a nonexclusive, worldwide,
perpetual, irrevocable, royalty-free, sublicensable right and license to
use, sell, make sublicense, reproduce, perform, distribute, display, prepare
derivative works from and otherwise exploit all such Feedback for any purpose
without restriction. You agree that UNI-SOURCE 2000 may disclose any or all
Feedback to any third party in any manner, and you agree that UNI-SOURCE 2000
may sublicense any or all Feedback in any form to any third party without
restriction. By providing any Feedback, you agree that your provision of such
Feedback is unsolicited, gratuitous and without restriction, and will not put
UNI-SOURCE 2000 under any confidentiality, fiduciary, or other any obligation,
and that UNI-SOURCE 2000 is free to use such Feedback without any additional
compensation to you, and that we are free to disclose such Feedback on a
non-confidential basis or otherwise to anyone. You further acknowledge that, by
accepting any Feedback, we do not waive any rights to use similar or related
ideas previously known toUNI-SOURCE 2000, or developed or created by its
employees, or derived from sources other than you.
Confidential information
UNI-SOURCE
2000 does not want to receive confidential or
proprietary information from you through our website. Please note that any
information or material sent to UNI-SOURCE 2000 will be deemed NOT to be
confidential. By sending UNI-SOURCE 2000 any information or material, you grant
UNI-SOURCE 2000 an unrestricted, irrevocable license to copy, reproduce,
publish, upload, post, transmit, distribute, publicly display, perform, modify,
create derivative works from, and otherwise freely use, those materials or
information. You also agree that UNI-SOURCE 2000 is free to use any ideas,
concepts, know-how, or techniques that you send us for any purpose. However, we
will not release your name or otherwise publicize the fact that you submitted
materials or other information to us unless: (a) we obtain your permission to
use your name; or (b) we first notify you that the materials or other
information you submit to a particular part of this site will be published or
otherwise used with your name on it; or (c) we are required to do so by law.
Personally-identifiable information that you submit to UNI-SOURCE 2000 for the
purpose of receiving products or services will be handled in accordance with
our privacy policies.
Global availability
Information UNI-SOURCE 2000 publishes on the Internet may contain
references or cross references toUNI-SOURCE 2000’ products, programs and
services that are not announced or available in your country. Such references
do not imply that UNI-SOURCE 2000 intends to announce or make available such
products, programs, or services in your country.
PRIVACY
You
agree that we may collect, use, and share information about you in any manner
permitted by the Privacy Policy posted on this Website.
YOUR ACCOUNT
You
agree that you are responsible for maintaining the confidentiality of your
account and password, for restricting access to your computer, and for all
activities that occur under your password or your account. You agree: (a) that
you will not disclose your Site password to anyone, (b) that you will not allow
others to utilize your account, (c) to ensure that you fully exit from your
account at the end of each session, (d) to immediately change your password if
you become aware that your account has been compromised, (e) to immediately
notify us of any unauthorized use of your password or account, or any other
breach of security, and (f) that you will be solely responsible for
safeguarding your password and for any actions taken under your password or account,
whether authorized by you or not.
Respecting Copyright
We honor
the requirements set forth in the Digital Millennium Copyright Act. We
therefore take reasonable steps to expeditiously remove from our Website or
Services any infringing material that we become aware of. And if UNI-SOURCE
2000 becomes aware that one of its users has repeatedly infringed copyrights,
we will take reasonable steps within our power to terminate the user’s account.
We make
it easy for you to report suspected copyright infringement. If you believe that
anything on the the website infringes a copyright that you own or control,
please contact Us:
UNI-SOURCE 2000
Attn: Administrator
Email: sales@uni-collect.com
If you
file a notice by mail with Us, it must comply with the requirements set forth
at 17
U.S.C. § 512(c)(3). That means the notice must:
SOFTWARE AVAILABLE ON THIS WEBSITE
Any
software that is made available to download from this Website or the Services
(“Software”) is the copyrighted work of UNI-SOURCE 2000 and/or its
suppliers. Your use of any Software is governed by the terms of the customer
SaaS Subscription Agreement, if any, that accompanies or is included with the
Software. You may not install or use any Software that is accompanied by or
includes a license agreement unless you first agree to the license agreement
terms.
All
Software, including without limitation all code and active controls contained
in this Website and the Services is owned by UNI-SOURCE 2000 and/or its
suppliers and is protected by copyright laws and international treaty
provisions. Any unlicensed reproduction or redistribution of any Software is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Without limiting the foregoing, copying or reproduction of any
Software to any other server or location for further reproduction or
redistribution is expressly prohibited.
Intellectual property
rights
You
acknowledge that all intellectual property rights in the website and Services,
and the Documents anywhere in the world belong to UNI-SOURCE 2000 or our
licensors, that rights in them are licensed (not sold) to you, and that you
have no rights in, or to, the Services or the Documents other than the right to
use each of them in accordance with these Terms.
You
acknowledge that you have no right to have access to the website or Services in
source-code form.
Trademark Information
You
agree that all of UNI-SOURCE 2000’s trademarks, trade names, service marks, and
other logos and brand features that are displayed via the website and Services
(collectively, the “Marks”) are trademarks and the property of UNI-SOURCE 2000.
You agree not to display or use Our Marks in any manner without Our prior
permission. Sponsor and third party website trademarks are the property of the
respective Sponsors and third parties. The display of any Sponsor or third
parties trademarks via the website and Services does not necessarily mean that
UNI-SOURCE 2000 has an affiliation with these entities.
Disclaimer and Release
We try
to keep the website and Services up and running and free of annoyances. But we
make no promises that we will succeed.
THE
WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS
AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE UNI-SOURCE 2000 ATTEMPTS
TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE
WEBSITE AND SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE
WEBSITE AND SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR
IMPERFECTIONS; OR (C) THAT ANY UNI-SOURCE 2000 CONTENT,
USER CONTENT, THIRD PARTY CONTENT, MATERIALS OR INFORMATION YOU OBTAIN ON OR
THROUGH THE WEBSITE OR SERVICES WILL BE TIMELY OR ACCURATE.
UNI-SOURCE
2000 TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY
CONTENT OR MATERIALS OF ANY KIND THAT YOU, ANOTHER USER, OR A THIRD PARTY
CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR WEBSITE
AND SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT
MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF
WHICH UNI-SOURCE 2000 WILL BE RESPONSIBLE FOR.
UNI-SOURCE
2000 DOES NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY,
OR USEFULNESS WITH RESPECT TO UNI-SOURCE 2000‘S SERVICES, CONTENT, THE WEBSITE, OR INFORMATION CONTAINED ON THE
WEBSITE OR SERVICES INCLUDING ANY THIRD PARTY SITES OR THIRD PARTY LINKS.
YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY
RELEASE, DISCHARGE, AND HOLD HARMLESS UNI-SOURCE 2000, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY,
“RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY
LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND
DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY
RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN,
ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO
USE OF THE SITE AND SERVICES, INCLUDING FOR PERSONAL INJURY OR
DEATH OR ANY CLAIMS FOR DAMAGES YOU MAY HAVE AS A RESULT OF USING THE WEBSITE
OR SERVICES. YOU UNDERSTAND AND
ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL
LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR
RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF
CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE
TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.
TO THE
EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR
SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO
YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAWS, YOU AGREE THAT UNI-SOURCE 2000, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS
AND EMPLOYEES WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS,
DEATH OR FOR ANY INDIRECT, DIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES
OF ANY KIND, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR OTHERWISE, ARISING OUT
OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OF THE WEBSITE OR YOUR
USE OF UNI-SOURCE 2000’S
SERVICES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF UNI-SOURCE 2000 OR ITS AFFILIATES, OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE WEBSITE OR SERVICES, OR
FROM RELIANCE OR DAMAGE CAUSED BY: (I) ANY INFORMATION, MATERIALS, UNI-SOURCE
2000 CONTENT, USER CONTENT OR THIRD PARTY
CONTENT POSTED ON THE WEBSITE OR SERVICES, (II) FROM THE INABILITY TO USE THE
WEBSITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF
THE WEBSITE OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
OTHER SERVICES RECEIVED THROUGH ANY THIRD PARTY OR LINKED SITES MADE AVAILABLE
ON THE WEBSITE OR SERVICES FROM THIRD PARTY WEBSITES. THIS LIMITATION SHALL
ALSO APPLY, WITHOUT LIMITATION, TO LOST PROFITS, OR LOST DATA. SUCH LIMITATION
SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE
WEBSITE OR SERVICES OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED
IN ANY WAY TO, THE WEBSITE OR SERVICES. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO
THE FULLEST EXTENT PERMITTED BY LAW.
YOU ALSO AGREE THAT UNI-SOURCE 2000 HAS NO
LIABILITY AND OFFERS NO GUARANTEES RELATING TO ANY FOOD OR BEVERAGES YOU OR ANY
THIRD PARTY PURCHASES OR CONSUMES AT ANY RESTAURANTS THAT USE THE SERVICES.
THIS INCLUDES UNI-SOURCE 2000 HAVING NO LIABILITY
WHATSOEVER FOR THE ACTS OR OMISSIONS OF ANY RESTAURANT EMPLOYEE, OWNER OR THIRD
PARTY THAT PROVIDES SERVICES TO ANY SUCH RESTAURANTS.
YOU ALSO AGREE THAT UNI-SOURCE 2000 HAS NO
LIABILITY AND OFFERS NO GUARANTEES RELATING TO ANY OF THE RESULTS THAT MAY BE
OBTAINED BY YOUR USE OF THE WEBSITE OR SERVICES OR FROM ANY THIRD PARTY COMPANY
RECOMMENDATIONS OR PRODUCTS, OR FOR THE DESCRIPTIONS OF THIRD PARTY COMPANY
OFFERINGS, PRODUCTS, GOODS OR SERVICES, ADVICE OR RECOMMENDATIONS. YOU ALSO
AGREE THAT YOUR USE OF ANY PRODUCTS AND SERVICES OFFERED BY ANY THIRD PARTIES
ON OUR WEBSITE OR SERVICES ARE USED AT YOUR SOLE RISK. YOU ALSO AGREE THAT ANY
RECOMMENDATIONS THAT YOU RECEIVE ON THE WEBSITE OR SERVICES MADE BY ANY THIRD
PARTY COMPANIES THAT YOU ACT UPON ARE DONE AT YOUR SOLE RISK AND WE HAVE NO
LIABILITY WHATSOEVER WITH REGARD TO ANY THIRD PARTY COMPANY RECOMMENDATIONS.
TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS
SECTION MAY NOT APPLY TO YOU.
User acknowledges and agrees that
without the foregoing exclusions and limitations of liability, UNI-SOURCE 2000
would not be able to offer the website or services, and that such exclusions
and limitations of liability shall apply, even if they would cause user’s
remedies under this agreement to fail of their essential purpose.
INDEMNIFICATION
To the
fullest extent permitted by law, you agree to indemnify and hold UNI-SOURCE
2000 and its owners, members, managers, officers, employees, and affiliates
harmless from and against all claims, demands, suits, damages, losses,
liabilities, and expenses, including reasonable attorney’s fees, arising out of
or relating to (a) your breach of any of these Terms of Use or other terms of
use contained on this Website; (b) your negligence, misconduct, or other
wrongful act or omission; (c) your use or misuse of this Website or any of the
Third Party Information, links, materials, products, or services available on
or through this Website including any content you posted on the site; (d) any
action of any person with whom you shared your password, account, computer, or
other device; (e) any information or material you submitted to or posted on the
Website; or (f) any violation or infringement of any intellectual property,
privacy, publicity, confidentiality, Fair Housing, or proprietary rights of any
third-party, or any violation of any law or regulation, arising from your use
of the Website.
MODIFICATION OF TERMS OF USE
UNI-SOURCE
2000 reserves the right to change these Terms of Use, and any other terms of
use on the Website, at any time in its sole discretion, without prior notice
and without liability to you of any kind, by posting the modified Terms of Use
or other terms of use on this Website. By using the Website after our
posting of any changes to these Terms of Use or other terms of use (other than
simply to read the modified terms and delete your account), you agree to the
changes and the modified terms. All changes shall be effective
immediately upon posting, shall apply prospectively only, and no change shall
apply to any dispute, controversy or claim pending or in progress at, or
arising before or out of events occurring before, the time of the change, or
alter any provisions with respect to a matter occurring prior to the time of
the change.
CONSENT TO USE OF YOUR DATA. You agree that UNI-SOURCE 2000
may collect and use technical data and related information—including but not
limited to technical information about your device, system and Services
software, and peripherals—that is gathered periodically to facilitate the
provision of software updates, product support, and other services to you (if
any) related to your use of the Services.
Data also may include your name, email addresses, telephone
numbers and any information you provide logging in to the Services or any
information pertaining to your personally identifiable information (PII)
including financial information. Data may also include information about your
customers including names, addresses. You have
designed, created and provided all of your data without the participation or
involvement of UNI-SOURCE 2000. You are responsible for any actions you take
with respect to the Data, including uploading it to the Services or using the
Services to share or otherwise make available such Data to third parties. You
are responsible for ensuring that you have all the rights and permissions
needed to use the Data in connection with the Services. You shall have the sole
responsibility for the accuracy, quality, integrity, legality, reliability,
appropriateness of and copyright permissions for all Data entered into the
Services. UNI-SOURCE 2000 assumes no responsibility for the accuracy,
propriety, or usefulness to You of the Data. UNI-SOURCE 2000 shall not be
liable to You or any third-parties for any loss, damage or expense whatsoever
and howsoever arising from any Data entered into the Services by You or by an
entity on your behalf unless such data is protected under federal or state law.
You acknowledge that UNI-SOURCE 2000 will rely on the accuracy of the Data
provided to UNI-SOURCE 2000 by You as it performs its requested functions under
this Agreement. You acknowledge that you own all
of the Data or have all rights to grant such licenses to UNI-SOURCE 2000 to use
such Information in furtherance of providing the Services without infringement
or violation of any third party rights. UNI-SOURCE 2000 provides no
warranties, representations or indemnification to You for Your access to, and
use of the Data.
You
grant a revocable license and consent to UNI-SOURCE 2000 to use any data that
you provide or that we may collect about you through the Website and Services,
in compliance with Our Privacy Policy. You give consent to UNI-SOURCE 2000 to
use the Data when integrating with third party company systems to perform
services on UNI-SOURCE 2000’ behalf relating to the functionality of the
Services and that You consent to UNI-SOURCE 2000 using Data that may include
personally identifiable information containing social security numbers and
credit card information but only with Third Party Services providers to perform
services on UNI-SOURCE 2000’s behalf relating to the functionality of the
Services. We will only use such data with our partners or service
providers who perform functions to enable UNI-SOURCE 2000 to provide its
Services.
You give consent to UNI-SOURCE 2000 to use any data
collected or created by You in your use of the Website and Services related to
selling, publishing, disclosing or sharing combined data and information from
many Users with our partners in order to help our partners market and sell our
Products pursuant to written agreements with confidentiality, privacy and
security obligations. All such information includes data derived from personal
information in aggregated, anonymous form and does not identify You individually.
Every User’s registration data and various other personal information are
strictly protected by UNI-SOURCE 2000’s Online
Privacy Policy (see the full Privacy Policy at https://uni-collect.com/saas-privacy-statement/). As a User, you herein consent to the collection and use of the
information provided, including the transfer of information within the United
States for storage, processing or use by UNI-SOURCE 2000 and/or our
subsidiaries and affiliates.
Governing Law/Arbitration.
By using UNI-SOURCE 2000’s Website or Services, you agree that the laws of the
State of Missouri without regard to principles of conflict of laws, will govern
this Agreement and any dispute of any sort that might arise between you and
UNI-SOURCE 2000.
Disputes
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF UNI-SOURCE 2000’S WEBSITE
OR SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN ST.
LOUIS, MISSOURI EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY
(WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY
CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY
UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN
ARBITRATION ASSOCIATION (“AAA’S CONSUMER RULES”), EXCLUDING ANY RULES
AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE
RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION’S WEBSITE.
YOU AND UNI-SOURCE 2000 AGREE TO
EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK
RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
THE ARBITRATOR SHALL APPLY MISSOURI LAW, AND THE ARBITRATOR’S AWARD SHALL BE
BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT
JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT
SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS
AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY
PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR
ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE,
THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE
STATE COURT LOCATED IN ST. LOUIS, MISSOURI.
UNI-SOURCE 2000’s performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of
UNI-SOURCE 2000’s right to comply with governmental, court and law enforcement
requests or requirements relating to your use of this Website or information
provided to or gathered by UNI-SOURCE 2000 with respect to such use.
You may
not assign or transfer any of your rights or obligations under these Terms of
Use, in whole or in part, without our prior written consent, and any attempted
assignment in violation of the foregoing will be null and void and of no force
or effect. We may assign any and all of our rights and obligations under these
Terms of Use freely at any time without notice. Subject to the foregoing, these
Terms of Use will bind and inure to the benefit of your and our successors and
permitted assigns.
Our
failure to exercise or enforce any right or provision shall not affect our
right to exercise or enforce such right or provision at any time thereafter,
nor shall our waiver of any breach or default of these Terms of Use constitute
a waiver of any subsequent breach or default or a waiver of the provision
itself.
Whereas
the Website has a feature that enables translation of these Terms of Use into a
language other than English, the Terms of Use will be governed by the English
language version.
If any
part of these Terms of Use is determined to be invalid or unenforceable
pursuant to applicable law, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of these Terms of Use
shall continue in effect.
These
Terms of Use constitute the entire agreement between you and UNI-SOURCE 2000
with respect to this Website, except as otherwise indicated in these Terms of
Use.
Communications and Text Messages Terms
When you use the Services, or send emails, text messages,
and other communications from your desktop or mobile device to us, you may be
communicating with us electronically. You consent to receive communications
from us electronically, such as e-mails, texts, mobile push notices, or notices
and messages through the Services, and you agree that all agreements, notices,
disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
Your voluntary provision to UNI-SOURCE 2000 of your cell
phone number represents your consent that UNI-SOURCE 2000, Sellers with which
you place an order, delivery drivers, and delivery services may contact you by
telephone, SMS, or MMS messages at that phone number, and your consent to
receiving such communications for transactional, operational, or informational
purposes. When you provide your phone number to UNI-SOURCE 2000, you warrant
that you are the current subscriber or authorized user of the relevant account.
You understand and agree that such messages may be sent using automated
technology. You may unsubscribe from receiving text messages from UNI-SOURCE
2000 at any time. To revoke your consent to receiving SMS or MMS messages from
UNI-SOURCE 2000, you must reply “STOP” from the mobile device receiving the
messages.
If you unsubscribe from receiving text messages from
UNI-SOURCE 2000, you may continue to receive text messages for a short period
while UNI-SOURCE 2000 processes your request(s). If you change or deactivate
the phone number you provided to UNI-SOURCE 2000, you have an affirmative
obligation to immediately update your account information and the phone
number(s) attached to your account to prevent us from inadvertently
communicating with anyone who acquires any phone number(s) previously
attributed to you, and any new phone number(s) you attach to your account may
receive UNI-SOURCE 2000’s standard SMS or MMS messages unless you also
unsubscribe via the above procedures.
CONTACT INFORMATION
You may
contact UNI-SOURCE 2000 regarding this Website at the following email
address: sales@uni-collect.com. UNI-SOURCE 2000 has designated the following email address
to receive notifications of claimed copyright infringement involving this
Website at sales@uni-collect.com. Please
include in your notice a description of the copyrighted work, a description of
where the material you claim is infringing is located on the Website, a
statement that you are the copyright owner or its agent, and your address, telephone
number, and email address.
RIGHTS TO SYNDICATE IMAGES, CONTENT, AND LISTINGS: You
hereby grant to UNI-SOURCE 2000, its subsidiaries, affiliates, and related
companies, a perpetual and irrevocable license to copy, modify, display,
distribute, create derivative works from, or otherwise use, any and all content
that are displayed or submitted to this Website.
MISCELLANEOUS:
Nothing contained in this agreement shall be deemed or
interpreted to constitute the relationship between you and us as a legal
partnership, agency, joint venture or any other relationship in which either
you or we are responsible for or shall incur liability to outside parties as a
result of the actions or omissions of the other. This agreement shall not
be for the benefit of, or enforceable by, any person or entity not a party
hereto and shall not confer any rights or remedies upon any party other than
you and us and our respective successors and permitted assigns.
Severability:
In the event that any portion of this agreement is found to be unenforceable by
a court of competent jurisdiction, the remaining portions shall remain in full
force and effect to the degree necessary to preserve the intent of the parties.
NOTICES: Any
notice required or permitted to be given under this agreement shall be in
writing and shall be deemed to have been duly given: when received if
personally delivered; when transmitted if transmitted by electronic mail
(Email) and a receipt is obtained; the day after it is sent if delivered by
overnight delivery service and a receipt is obtained; and five days after it is
sent if mailed, first class certified mail, return receipt requested, proper
postage prepaid. In each case notices shall be sent to the last known address
of the other party.
EFFECTIVE: November 1, 2023
