The following Terms of Service agreement is a legally binding agreement that shall govern the relationship between you and Unified doing business as Unified, and our subsidiaries and affiliates in association with the use of the Unified website. Any and all visitors to our site shall be deemed as “users” of the herein contained service provided for the purpose of this terms of service.
The user acknowledges and agrees that the services provided and made available through our website and applications, are the sole property of Unified. At its discretion, Unified may offer additional website services and/or products, or update, modify or revise any current content and services, and this agreement shall apply to any and all additional services or products, and any and all updated, modified, or revised services unless otherwise stipulated. Unified reserves the right to cancel and cease offering any of the previously mentioned services or products. You, as the end user acknowledge, accept and agree that Unified shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our services or products. Your continued use of the services provided, after such posting of any updates, changes or modifications shall constitute your acceptance of such updates, changes or modifications, and as such, frequent review of this agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the website or services provided.
Additionally, the user understands, acknowledges and agrees that the services offered shall be provided “as is” and as such Unified shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and or any failure to store user content, communication or personalization settings.
All users agree to insure and hold Unified, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which my include, but is not limited to, reasonable attorneys fees made by any third party which may arise from any content
The user agrees not to replicate, duplicate, copy, trade, sell, resell, or exploit for any commercial reason any part, use of, or access to Unified’s website.
Unified shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service or any part thereof with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension, or discontinuance of our services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of advertisers located on or through our services, which may include the payment and/or delivery of such related goods and/or service, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Additionally, you hereby agree that Unified shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Unified may provide links to other websites and/or resources. Thus you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Unified shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
You do hereby acknowledge and agree that Unified’s services and any essential software that may be used in connection with our services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other state and federal laws. Furthermore, you acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Unified or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and or create any plagiaristic works which are based on Unified’s services and website content, in whole or in part.
Unified hereby grants you personal, non- transferable and non-exlcusive rights and/or license to make use of the training materials, workbooks, video recordings, and or other materials related to the services provided by Unified on a single computer, as long as you do not allow any third party to duplicate, alter, modify, create, or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the training materials, workbooks, video recordings, or other related materials and services offered by Unified. Lastly, you agree not to access or attempt to access our services through any means other than through the interface which is provided Unified for use in accessing our services.
You herein expressly acknowledge and agree that:
1) The use of Unified’s services, training materials, and video recordings are at sole risk by you. Our services and training materials shall be provided on an “as is” or an “as available” basis. Unified and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
2) Unified and our subsidiaries, officers, employees, agents, partners, and licensors make no such warranties that (i) Unified’s services, training materials, and/or videos will meet your requirements; (ii) Unified’s services, training materials, and/or videos shall be uninterrupted, timely, secure or error-free; (iii) that such results may be obtained from the use of the Unified training materials will be accurate or reliable; (iv) quality of any products, services, any information or other material which may be purchased or obtained by you through our services or training materials will meet your expectations; and (v) that any such errors contained in the services or training materials shall be corrected.
3) Any information or material downloaded or otherwise obtained by way of Unified’s services, website, training materials, workbooks, or videos shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
4) No advice and/or information, despite whether written or oral, that may be obtained by you from Unified or by way of or from our services or training materials shall create any warranty not expressly stated in this terms of service agreement.
Limitation of Liability
You explicitly acknowledge, understand, and agree that Unified and our subsidiaries, affiliates, officers, employees, agents, partners licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages which may be related to the loss of any profits, goodwill, use, data, and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
A) The use or inability to use our service or training materials
B) The cost of procuring substitute goods and services;
C) Unauthorized access to or the alteration of your transmissions and/or data
D) Statements or conduct of any such third party on our service;
E) And any other matter which may be related to our service.
In the event you have a dispute, you agree to release Unified (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, aspiring out of or in any way connected to such dispute.
Exclusion and Limitations
There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of sections of warranty disclaimers and limitation of liability may not apply to you.
Third Party Beneficiaries
You herein acknowledge, understand and agree, unless otherwise expressly provided in this term of service agreement, that there shall be no third party beneficiaries to this agreement.
Unified may furnish you with notices, including those with regards to any changes to the terms of service agreement, including, but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the terms of service agreement by accessing our services in an unauthorized manner. Your acceptance of these terms of service agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our services in an authorized manner.
User’s GDPR Rights
According to the GDPR a “data subject” is defined as an identifiable natural person. A natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as: a name, an identification number, location data, or online identifier. Alternatively, they may be identified by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. A data subject may be of any age or nationality.
As a data subject, within the European Union, you are entitled to certain rights under the General Data Protection Regulation (GDPR). Those rights include:
You have the right to be informed with respect to your personally identifiable information (PII) retained by Unified. As such, you may request access to your data that Unified stores and the rights to either correct or erase your personal data.
We will retain any personally identifiable information you choose to provide to us unless: (a) you request for us to delete the information, (b) we stop using our existing data providers, or (c) at Unified’s discretion, we decide to remove the data.
You hereby acknowledge, understand and agree that all of the Unified trademarks, copyright, trade name, service marks, and other Unified logos and any brand features, and/or product and service names are trademarks and as such are and shall remain the property of Unified. You herein agree not to display and/or use in any manner the Unified logo or marks without obtaining Unified’s prior written consent.
This terms of service agreement between you and Unified shall govern the use of our services, superseding any prior version of this terms of service agreement between you and us with respect to Unified’s services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Unified services, products, or training materials.
Choice of Law and Forum
It is at the mutual agreement of both you and Unified with regard to this terms of service agreement that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action, and/or disputes arising out of or relating to this terms of service agreement, or the relationship between you and Unified, shall be filed within the courts having jurisdiction within the County of San Diego, California, or the U.S. District Court located in said state. You and Unified agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms
At any time, should Unified fail to exercise or enforce any right or provision of this terms of service agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this terms of service agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and other provisions of this terms of service agreement remain in full force and effect.
Statute of Limitations
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our services or this terms of service agreement must be filed within the applicable legal statute of limitations after said claim or cause of action arose or shall be forever barred.
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