Tems and Conditions
Terms of Use Agreement
Welcome to our website. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the followingterms carefully. If you do not agree to these terms, you should not use thissite. The term "Unicom" or "us" or "we"or "our" refers to Unicom Technology, Inc., the owner of the website. The term "you" refers to the user or viewer of our website.
1. Acceptance of Agreement
You agree to the terms and conditions outlinedin this Terms of Use Agreement ("Agreement") with respect to our website(the "Site"). This Agreement is the entire and only agreement betweenus and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subjectmatter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright
The content, organization, graphics, design,compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or anypart of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information andmaterials. Some of the content on thesite is the copyrighted work of third parties.
3. Service Marks
"Unicomti.com" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses
You are granted a nonexclusive, nontransferable, revocablelicense (a) to access and use the Site strictly in accordance with thisAgreement; (b) to use the Site solely for internal, personal, noncommercialpurposes; and (c) to print out discrete information from the Site solely forinternal, personal, noncommercial purposes and provided that you maintain allcopyright and other policies contained therein. No print-out or electronic version of any part of the Site or itscontents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information,materials or documents (collectively defined as "Content and Materials")therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for theexpress limited purpose permitted by Section 4 above), republish, display,distribute, transmit, sell, rent, lease, loan or otherwise make available inany form or by any means all or any portion of the Site or any Content andMaterials retrieved therefrom; (b) use the Site or any materials obtained fromthe Site to develop, or as a component of, any information, storage and retrievalsystem, database, information base, or similar resource (in any media nowexisting or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, orany other commercial distributionmechanism; (c) create compilations or derivative works of any Content andMaterials from the Site; (d) use any Content and Materials from the Site in anymanner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove,change or obscure any copyright notice or other proprietary notice or terms ofuse contained in the Site; (f) make any portion of the Site available throughany timesharing system, service bureau, the Internet or any other technologynow existing or developed in the future; (g) remove, decompile, disassemble orreverse engineer any Site software or use any network monitoring or discoverysoftware to determine the Site architecture; (h) use any automatic or manualprocess to harvest information from the Site; (i) use the Site for the purposeof gathering information for or transmitting (1) unsolicited commercial email;(2) email that makes use of headers, invalid or nonexistent domain names, orother means of deceptive addressing; and (3) unsolicited telephone calls orfacsimile transmissions; (j) use the Site in a manner that violates any stateor federal law regulating email, facsimile transmissions or telephonesolicitations; and (k) export or re-export the Site or any portion thereof, orany software available on or through the Site, in violation of the exportcontrol laws or regulations of the United States.
6. Linking to the Site
You may provide links to the Site, provided (a) that you do notremove or obscure, by framing or otherwise, advertisements, the copyrightnotice, or other notices on the Site, (b) your site does not engage in illegalactivities, and (c) you discontinue providing links to the Site immediatelyupon request by us.
7. Registration
Certain sections of, or offerings from, the Site may require youto register. If registration isrequested, you agree to provide us with accurate, complete registrationinformation. Your registration must bedone using your real name and accurate information. Each registration is for your personal useonly and not on behalf of any other person or entity. We do not permit (a) anyother person using the registered sections under your name; or (b) accessthrough a single name being made available to multiple users on a network. You are responsible for preventing suchunauthorized use.
8. Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free,free of viruses or other harmful components, or that defects will becorrected. We do not represent orwarrant that the information available on or through the Site will be correct,accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of theSite at any time. We reserve the rightin our sole discretion to edit or delete any documents, information or othercontent appearing on the Site.
9. Third Party Content
Third party content may appear on the Site or may be accessiblevia links from the Site. We are notresponsible for and assume no liability for any mistakes, misstatements of law,defamation, omissions, falsehood, obscenity, pornography or profanity in thestatements, opinions, representations or any other form of content on theSite. You understand that theinformation and opinions in the third party content represent solely thethoughts of the author and is neither endorsed by nor does it necessarilyreflect our belief.
10. UnlawfulActivity
We reserve the right to investigate complaints or reportedviolations of this Agreement and to take any action we deem appropriate,including but not limited to reporting any suspected unlawful activity to lawenforcement officials, regulators, or other third parties and disclosing anyinformation necessary or appropriate to such persons or entities relating toyour profile, email addresses, usage history, posted materials, IP addressesand traffic information.
11. Indemnification
You agree to indemnify, defend and hold us andour partners, agents, officers, directors, employees, subcontractors, successors,assigns, third party suppliers of information and documents, attorneys,advertisers, product and service providers, and affiliates (collectively,"Affiliated Parties") harmless from any liability, loss, claim andexpense, including reasonable attorney's fees, related to your violation ofthis Agreement or use of the Site.
12. Nontransferable
Your right to use the Site is not transferableor assignable. Any password or right given to you to obtain information ordocuments is not transferable or assignable.
13. Useas Employee/Affiliate of Organization doing Business With Unicom
If you arean employee or affiliate that has a business relationship with UnicomTechnology, Inc., your use of the website and any services, information ordocuments provided therein are governed by all restrictions and stipulations ofthe agreement with your organization. Ifyou are no longer associated with the organization but are visiting under theorganization's logon, account, I.P. address, computer used while with theorganization, you are violating the terms of use of this website. We are not responsible for out-of-dateinformation as to your organization affiliation or nonaffiliation. The terms of use of this website requires youto keep any affiliation information current. Your use of access or any other privileges granted to an organizationthat you are no longer part of violates the terms of use of this website. UnicomTechnology, Inc., reserves the right to damages in the amount of the fees paidfor an annual subscription to ...
14. Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS FROM ORTHROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH"ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDINGBUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAINBUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVENO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT ASPROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WEAND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTALOR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OFPROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACHOF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVENIF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OFDAMAGES SET FORTHABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULDNOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHERORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALLCREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THISAGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINEDWITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
15. Limitationof Liability
We and any Affiliated Party shall not be liable for any loss,injury, claim, liability, or damage of any kind resulting in any way from (a)any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability orinterruption of the Site or any features thereof, (c) your use of the Site, (d)the content contained on the Site, or (e) any delay or failure in performancebeyond the control of a Covered Party.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANYCLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THATAMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US ANDANY AFFILIATED PARTY.
16. Useof Information
We reserve the right, and you authorize us, tothe use and assignment of all information regarding Site uses by you and allinformation provided by you in any manner consistent with our Privacy Policy.All remarks, suggestions, ideas, graphics, or other information communicated byyou to us (collectively, a "Submission") will forever be ourproperty. We will not be required to treat any Submission as confidential, andwill not be liable for any ideas (including without limitation, product,service or advertising ideas) and will not incur any liability as a result ofany similarities that may appear in our future products, services oroperations. Without limitation, we will have exclusive ownership of all presentand future existing rights to the Submission of every kind and natureeverywhere. We will be entitled to use the Submission for any commercial orother purpose whatsoever, without compensation to you or any other personsending the Submission. You acknowledge that you are responsible for whatevermaterial you submit, and you, not us, have full responsibility for the message,including its legality, reliability, appropriateness, originality, andcopyright.
17. PrivacyPolicy
Our Privacy Policy, as it may change from timeto time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link.
18. SecuritiesLaws
The Site may include statements concerning ouroperations, prospects, strategies, financial condition, future economicperformance and demand for our products or services, as well as our intentions,plans and objectives (particularly with respect to product and serviceofferings), that are forward-looking statements. These statements are basedupon a number of assumptions and estimates which are subject to significantuncertainties, many of which are beyond our control. When used on our Site,words like "anticipates," "expects," "believes,""estimates," "seeks," "plans,""intends," "will" and similar expressions are intended toidentify forward-looking statements designed to fall within securities law safeharbors for forward-looking statements. The Site and the information containedherein does not constitute an offer or a solicitation of an offer for sale ofany securities. None of the information contained herein is intended to be, andshall not be deemed to be, incorporated into any of our securities-relatedfilings or documents.
19. Linksto other Websites
The Site contains links to other websites. Weare not responsible for the content, accuracy or opinions express in such websites,and such websites are not investigated, monitored or checked for accuracy orcompleteness by us. Inclusion of any linked website on our Site does not implyapproval or endorsement of the linked website by us. If you decide to leave ourSite and access these third-party sites, you do so at your own risk.
20. Copyrightsand Copyright Agents
We respect the intellectual property of others,and we ask you to do the same. If you believe that your work has been copied ina way that constitutes copyright infringement, please provide our CopyrightAgent the following information:
a. Anelectronic or physical signature of the person authorized to act on behalf ofthe owner of the copyright interest;
b. Adescription of the copyrighted work that you claim has been infringed;
c. Adescription of where the material that you claim is infringing is located onthe Site;
d. Youraddress, telephone number, and email address;
e. Astatement by you that you have a good faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty ofperjury, that the above information in your Notice is accurate and that you arethe copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Sitecan be reached by directing an email to copyright@unicomti.com.
21. Informationand Press Releases
The Site contains information and press releasesabout us. We disclaim any duty or obligation to update this information or anypress releases. Information about companies other than ours contained in thepress release or otherwise, should not be relied upon as being provided orendorsed by us.
22. LegalCompliance
You agree to comply with all applicable domestic and internationallaws, statutes, ordinances and regulations regarding your use of the Site andthe Content and Materials provided therein.
23. Miscellaneous
This Agreement shall be treated as though itwere executed and performed in Santa Clara, California, and shall be governedby and construed in accordance with the laws of the State of California(without regard to conflict of law principles). Any cause of action by you withrespect to the Site must be instituted within one (1) year after the cause ofaction arose or be forever waived and barred. All actions shall be subject tothe limitations set forth in Section 16 and Section 17. The language in thisAgreement shall be interpreted as to its fair meaning and not strictly for oragainst any party. This Agreement and all incorporated agreements and yourinformation may be automatically assigned by us in our sole discretion to athird party in the event of an acquisition, sale or merger. Should any part of this Agreement be heldinvalid or unenforceable, that portion shall be construed consistent withapplicable law and the remaining portions shall remain in full force andeffect. To the extent that anything in or associated with the Site is inconflict or inconsistent with this Agreement, this Agreement shall takeprecedence. Our failure to enforce any provision of this Agreement shall not bedeemed a waiver of such provision nor of the right to enforce suchprovision. Our rights under thisAgreement shall survive any termination of this Agreement.
24. Arbitration
Any legal controversy or legal claim arising out of or relatingto this Agreement or our services, excluding legal action taken by us tocollect or recover damages for, or obtain any injunction relating to, Siteoperations, intellectual property, and our services, shall be settled solely bybinding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall bearbitrated on an individual basis, and shall not be consolidated in anyarbitration with any claim or controversy of any other party. The arbitration shall be conducted in SanJose, California, and judgmenton the arbitration award may be entered into any court having jurisdictionthereof. Either you or us may seek anyinterim or preliminary relief from a court of competent jurisdiction in SanJose, California necessary toprotect the rights or property of you and us pending the completion ofarbitration. Each party shall bearone-half of the arbitration fees and costs incurred through JAMS.
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