UNIVERSAL SERVICES OF AMERICA
WEBSITE TERMS OF USE
PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY
BEFORE USING THIS WEBSITE (THE "WEBSITE"). THESE
WEBSITE TERMS OF USE (THE "TERMS OF USE") GOVERN
YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE
FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS
OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS
OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING
THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT
("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT
TO BE BOUND BY THE TERMS OF USE.
1. User Eligibility
The Website is provided by Universal Services of America, Inc.
(“USA”) and available only to entities and persons
over the age of legal majority who can form legally binding
agreement(s) under applicable law. If You do not qualify, You
are not permitted to use the Website.
2. Scope of Terms of Use
These Terms of Use govern Your use of the Website and all applications,
software, and services (collectively, "Services") available
on the Website, except to the extent such Services are the subject
of a separate agreement.
3. Modifications
USA may revise and update these Terms of Use at any time. Your
continued usage of the Website after any changes to these Terms
of Use will mean You accept those changes. Any aspect of the
Website may be changed, supplemented, deleted or updated without
notice at the sole discretion of USA. USA may also change or
impose fees for products and services provided through the Website
at any time in its sole discretion. USA may establish or change,
at any time, general practices and limits concerning other USA
services in its sole discretion.
4. USA Privacy Policy
The USA Privacy Policy governs the use of information collected
from or provided by You at the Website. With respect to any individual
whose personal information is provided by You to USA, You represent
to USA that You have obtained all necessary consents for the
processing of such personal information contemplated by the Services
You are using and by the USA Privacy Policy.
Privacy Policy
5. License and Ownership
Any and all intellectual property rights ("Intellectual
Property") associated with the Website and its contents
(the "Content") are the sole property of USA, its
affiliates or third parties. The Content is protected by copyright
and other laws in the United States. Elements of the Website
are also protected by trade dress, trade secret, unfair competition,
and other laws and may not be copied or imitated in whole or
in part. All custom graphics, icons, and other items that appear
on the Website are trademarks, service marks or trade dress
("Marks") of USA, its affiliates or other entities
that have granted USA the right and license to use such Marks
and may not be used or interfered with in any manner without
the express written consent of USA. Except as otherwise expressly
authorized by these Terms of Use, You may not copy, reproduce,
modify, lease, loan, sell, create derivative works from, upload,
transmit, or distribute the Intellectual Property of the Website
in any way without USA's or the appropriate third party's prior
written permission. Except as expressly provided herein, USA
does not grant to You any express or implied rights to USA's
or any third party's Intellectual Property.
USA grants You a limited, personal, nontransferable, revocable
license to (a) access and use only the Website, Content and Services
only in the manner presented by USA, and (b) access and use the
USA computer and network services offered within the Website
(the "USA Systems") only in the manner expressly permitted
by USA. Except for this limited license, USA does not convey
any interest in or to the USA Systems, information or data available
via the USA Systems (the "Information"), Content, Services,
Website or any other USA property by permitting You to access
the Website. Except to the extent required by law or as expressly
provided herein, none of the Content and/or Information may be
reverse-engineered, modified, reproduced, republished, translated
into any language or computer language, re-transmitted in any
form or by any means, resold or redistributed without the prior
written consent of USA. You may not make, sell, offer for sale,
modify, reproduce, display, publicly perform, import, distribute,
retransmit or otherwise use the Content in any way, unless expressly
permitted to do so by USA.
6. Restrictions on Use of the Website
In addition to other restrictions set forth in these Terms of
Use, You agree that:
(a) You shall not disguise the origin of information transmitted
through the Website.
(b) You will not place false or misleading information on the
Website.
(c) You will not use or access any service, information, application
or software available via the Website in a manner not expressly
permitted by USA.
(d) You will not input or upload to the Website any information
which contains viruses, Trojan horses, worms, time bombs or other
computer programming routines that are intended to damage, interfere
with, intercept or expropriate any system, the Website or Information
or that infringes the Intellectual Property (defined herein)
rights of another.
(e) Certain areas of the Website are restricted to customers
or employees of USA.
(f) You may not use or access the Website or the USA Systems
or Services in any way that, in USA's judgment, adversely affects
the performance or function of the USA Systems, Services or the
Website or interferes with the ability of authorized parties
to access the USA Systems, Services or the Website.
(g) You may not frame or utilize framing techniques to enclose
any portion or aspect of the Content or the Information, without
the express written consent of USA.
7. Links
(a) Outbound Links. The Website may contain links to third-party
Websites and resources (collectively, "Linked Sites").
These Linked Sites are provided solely as a convenience to You
and not as an endorsement by USA of the content on such Linked
Sites. USA makes no representations or warranties regarding the
correctness, accuracy, performance or quality of any content,
software, service or application found at any Linked Site. USA
is not responsible for the availability of the Linked Sites or
the content or activities of such sites. If You decide to access
Linked Sites, You do so at Your own risk. In addition, Your use
of Linked Sites is subject to any applicable policies and terms
and conditions of use, including but not limited to, the Linked
Site's privacy policy.
(b) Inbound Links. Linking to any page of the Website
other than to http://www.universalpro.com through a plain text
link is strictly prohibited in the absence of a separate agreement
with USA. Any website or other device that links to http://www.universalpro.com
or any page available therein is prohibited from (a) replicating
Content, (b) using a browser or border environment around the
Content, (c) implying in any fashion that USA or any of its affiliates
are endorsing it or its services, (d) misrepresenting any state
of facts, including its relationship with USA or any of its affiliates,
(e) presenting false information about USA’s services,
and (f) using any logo or mark of USA or any of its affiliates
without express written permission from USA.
8. Submissions
USA does not accept ideas, concepts, or techniques for new services
or products through the Website ("Comments"). If such
Comments are received, You acknowledge that (a) they will not
be considered confidential or proprietary, (b) USA and its affiliates
are under no obligation to keep such information confidential,
and (c) USA will have an unrestricted, irrevocable, royalty-free
right to use, communicate, reproduce, publish, display, distribute,
and exploit such Comments in any manner it chooses.
9. Termination
You agree that USA, in its sole discretion, may terminate or
suspend Your use of the Website, the USA Systems, Information,
Services and Content at any time and for any or no reason in
its sole discretion, even if access and use continues to be allowed
to others. Upon such suspension or termination, You must immediately
(a) discontinue use of the Website, and (b) destroy any copies
You have made of any portion of the Content. Accessing the Website,
the USA Systems, Information or Services after such termination,
suspension or discontinuation shall constitute an act of trespass.
Further, You agree that USA shall not be liable to You or any
third party for any termination or suspension of Your access
to the Website, the USA Systems, Information and/or the Services.
10. Disclaimer of Warranties
USA MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED
FROM USING THE WEBSITE, THE USA SYSTEMS, THE SERVICES, THE INFORMATION
OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK
THE WEBSITE, THE USA SYSTEMS, THE INFORMATION, THE SERVICES AND
THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. USA,
ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS,
AND FITNESS FOR A PARTICULAR PURPOSE. USA AND ITS AFFILIATES,
LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE
CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE
OF THE WEBSITE OR THE USA SYSTEMS. NO INFORMATION OBTAINED BY
YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED BY USA IN THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY,
SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY
TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS
THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.
YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS
OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE
FAIR AND REASONABLE.
11. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT
USA IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, USA IS RESPONSIBLE
FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL USA, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS
OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY
INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE
WEBSITE, THE USA SYSTEMS, INFORMATION, SERVICES OR THE CONTENT
WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT USA IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES
STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED
TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
12. Compliance with Law
You agree to use the Website in strict compliance with all applicable
laws, rulings and regulations and in a fashion that does not,
in the sole judgment of USA, negatively reflect on the goodwill
or reputation of USA and shall take no actions which would cause
USA to be in violation of any laws, rulings or regulations applicable
to USA.
USA and the Website are based in the United States. The United
States control the export of information. You agree to comply
with all such applicable restrictions and not to export or re-export
the Content (including any software or the Services) to countries
or persons prohibited under the United States or other applicable
export control laws or regulations. If You access and download
the Content (including any software or the Services) or Information,
You represent that You are not in a country where such export
is prohibited or are not a person or entity to which such export
is prohibited. You are solely responsible for compliance with
the laws of Your local jurisdiction and any other applicable
laws regarding the import, export, or re-export of the Content
(including any software or the Services).
13. Jurisdiction
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY
AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR
USE OF THE WEBSITE, THE USA SYSTEMS, INFORMATION, SERVICES AND
CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING
IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, UNITED STATES OF
AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE
NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION
OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF
ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE,
THE USA SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE
FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION
AROSE.
14. Governing Law and Language
To the fullest extent permitted by law, these Terms of Use are
governed by the internal substantive laws of the State of California,
U.S.A. To the fullest extent permitted by law, the controlling
language for these Terms of Use is English.
15. General
You may not assign these Terms of Use or any of Your interests,
rights or obligations under these Terms of Use. If any provision
of these Terms of Use is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect. No
waiver of any of these Terms of Use shall be deemed a further
or continuing waiver of such term or condition or any other term
or condition.
16. Written Document
You may preserve these Terms of Use in written form by printing
them for Your records, and You waive any other requirement that
these Terms of Use be evidenced by a written document.
17. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR
OTHER WRITTEN AGREEMENT BETWEEN YOU AND USA, THESE TERMS OF USE
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND USA WITH RESPECT
TO THE USE OF THE WEBSITE, THE USA SYSTEMS, AND ANY SOFTWARE
OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE
ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS
CONCERNING THE SUBJECT MATTER HEREOF.
18. Questions or comments
If you have any questions or comments regarding the Website please
contact us at 866-877-1965 |
