Effective Date: January 1, 2021
1. Materials Made Available on the Sites.
The Sites may contain information, documentation, data, services, logos, trademarks, trade dress, artwork, text, video, audio, video, pictures, content, and other materials (collectively, “Materials”). You may download Materials that provide information on Unified Global Archiving products and services (such as white papers, press releases, datasheets, and product documentation), which are made available by Unified Global Archiving for download from the Site. Unified Global Archiving retains all rights and title to such Materials, but grants you the limited right to use such Materials for your personal, non-commercial and informational purpose; provided that, you do not (a) distribute any such Materials on any networked computer or broadcast such Materials in any media; (b) remove any proprietary notice language from such Materials; (c) make any modification to such Materials, or (d) make any representation or warranty relating to such Materials. Except as expressly provided above, or as specifically permitted elsewhere on the Sites, you may not use, reproduce, republish, post, transmit or distribute any Materials.
Unified Global Archiving, and/or its licensors or suppliers own the Materials, as well as the design, structure, selection, coordination, expression, and arrangement of such Materials, and all intellectual property rights therein and thereto. The Unified Global Archiving logos, trademarks, service marks, or other business names are the trademarks or registered trademarks of Unified Global Archiving, LLC, affiliates, or its subsidiaries in the United States and other jurisdictions (“Trademarks”). All other company and product names may be trademarks or registered trademarks of their respective companies. The Materials and the Trademarks are protected by law, including copyright, trademark, and other intellectual property laws, as well as unfair competition laws and international treaties. Other than the limited rights granted in these Terms nothing on the Sites shall be construed as conferring to you any license in any intellectual property rights, whether by implication, estoppel, or otherwise.
You acknowledge that the Sites have been developed, compiled, prepared, revised, selected, and arranged by Unified Global Archiving and others through the expenditure of substantial time, effort, and money and constitute valuable intellectual property and trade secrets of Unified Global Archiving and others. The Sites, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Unified Global Archiving. The collective work includes works that are licensed to Unified Global Archiving.
2. Use of the Sites
With respect to your use of the Sites you may not, and agree not to: (a) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor the Sites or Material; (b) reproduce or circumvent the navigational structure or presentation of the Sites or Material to obtain, or attempt to obtain, any materials, documents or information through any means not purposely made available to you through the Site; (c) attempt to gain unauthorized access (by hacking, password “mining” or any other means) to (i) any portion or feature of the Sites, (ii) any other system or network connected to the Sites, (iii) any Unified Global Archiving server, or (iv) any of the services offered on or through the Sites; (d) probe, scan or test the vulnerability of the Sites or any network connected to the Sites; (e) breach the security or authentication measures on the Sites or any network or system connected to the Sites; (f) exploit the Sites, or any service or information made available through the Sites; or (g) use any device, software or routine in order to interfere, or attempt to interfere, with (i) the proper working of the Sites, (ii) any transaction conducted on the Sites, or (iii) any third party’s use of the Sites; (h) use the Sites or Material for any purpose that is unlawful or otherwise prohibited by these; or (i) solicit the performance of any illegal activity or other activity which infringes the rights of Unified Global Archiving or third parties.
Access to the Sites may be monitored by Unified Global Archiving, including to verify your compliance with these Terms.
3. Your Communications to Unified Global Archiving via the Sites.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Unified Global Archiving on or through the Sites. You may not pretend that you are any other individual or entity, or misrepresent your authority to represent any entity.
If you provide any feedback, recommendations for improvements, or features of the Sites or any Unified Global Archiving products or services, implementation of that feedback or recommendation is owned by Unified Global Archiving and may become part of our Sites, products, and services without compensation to you.
4. Links to Third Party Websites.
Links to third-party websites on the Sites are provided as a convenience to you. Such third-party websites are not owned or operated by Unified Global Archiving, and Unified Global Archiving does not assume any responsibility or liability for these third-party websites or for any communications or materials available through such third-party websites. All third-party websites have separate privacy and data collection policies and practices, independent of Unified Global Archiving. Unified Global Archiving has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of External Sites. Links to third-party websites do not imply that Unified Global Archiving sponsors, endorses, or that Unified Global Archiving is affiliated or associated with the third party.
5. Disclaimer of Liability.
Unified Global Archiving makes no warranties or representations about the accuracy or completeness of the Sites or the Sites’ Materials. Unified Global Archiving does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made through the Sites by any party other than Unified Global Archiving. Unified Global Archiving is not responsible for technical problems that may hinder the efficacy of a transaction on the Sites.
THE SITES AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THE SITES, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNIFIED GLOBAL ARCHIVING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. UNIFIED GLOBAL ARCHIVING DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNIFIED GLOBAL ARCHIVING DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability.
IN NO EVENT SHALL UNIFIED GLOBAL ARCHIVING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR TORT DAMAGES OF ANY NATURE OR KIND, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITES. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT ANY LIMITATION OF LIABILITY IS CONSTRUED BY A COURT OF COMPETENT JURISDICTION TO BE A LIMITATION OF LIABILITY IN VIOLATION OF LAW, SUCH LIMITATION OF LIABILITY SHALL BE VOID.
You agree to indemnify, hold harmless and defend Unified Global Archiving, its officers, directors, shareholders, employees, affiliates, and agents, (each an “Indemnified Party”) from and against any and all claims, actions, fees, expenses, costs, damages, losses, and liabilities, including reasonable attorneys’ fees, expert witness fees, costs of court and other legal expenses (hereafter taken together and referred to as “Claims”), whether or not a lawsuit or other proceeding is filed, arising out of or relating to: (i) any violation of these Terms; (ii) your use of the Sites or Materials, or (iii) any transaction or activity related to your use of the Sites. In the event you fail to promptly indemnify and defend such claims or pay the expenses of the Indemnified Party, as provided above, the Indemnified Party has the right to defend itself, and in that case, you shall reimburse the Indemnified Party for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of the Indemnified Party’s written request.
8. Digital Millennium Copyright Act.
If you believe the Sites include materials that may infringe your rights, please provide notice to [email protected] or Attn: General Counsel, Unified Global Archiving, PO Box 490, Williamsville, NY 14221. Your notice must include all of the below information:
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner, of the copyright you allege is being infringed;
A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
A description of the allegedly infringing material and information sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an e-mail address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Unified Global Archiving will process and investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
9. Governing Law.
Your use of the Sites are to be construed in accordance with and governed by the internal laws of the State of New York without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of New York to the rights and duties of the parties. Any legal suit, action, or proceeding arising out of or relating to the Sites (including but not limited to the purchase of Unified Global Archiving products or services) hereby shall be adjudicated in a court of competent jurisdiction located within Erie County, New York, and each party hereto irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding.
10. Statute of Limitations.
Any cause of action or claim you may have with respect to the Sites must be commenced within one (1) year after the claim or cause of action arises.
11. General Terms.
Unified Global Archiving and its affiliates are not liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, pandemic, war, riot, terrorism, telecommunications interruptions, or computer viruses.
Unified Global Archiving provides marketing materials for informational purposes only. Unified Global Archiving does not provide legal advice or opinions. You must consult your attorney regarding your compliance with applicable laws and regulations.