AGREEMENT BETWEEN USER AND UNICAST
Like all Web publications, the Unicast web site may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Although Unicast makes every reasonable effort to minimize such downtime, Unicast does not guarantee 100% availability of the Unicast web site.
LIMITATIONS OF USE
Your subscription and the content provided through this Web site and the subscription services are for your convenience and for commercial use, and you may not transfer or make available your account name and password to others, including, without limitation, your co-workers. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this Web site. Any distribution by you of your account name and password or other non-permitted use of this Web site may result in cancellation of your subscription and the assessment of additional charges based on unauthorized use.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to Unicast that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions and notices.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2001 Unicast Company, Inc. All rights reserved.
THE INFORMATION AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. UNICAST MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER DISRUPTIONS.
UNICAST, AND/OR ITS SUPPLIERS, MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. UNICAST, AND/OR ITS SUPPLIERS, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AVAILABILTY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. IN NO EVENT SHALL UNICAST, AND/OR ITS SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH ANY DELAY OR INABILITY TO USE THIS WEB SITE (INCLUDING LOST DATA OR BUSINESS INTERRUPTION), OR FOR ANY INFORMATION AND SERVICES OBTAINED THROUGH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF UNICAST, AND/OR ANY OF ITS SUPPLIERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Unicast, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the web site or material contained therein or your breach of the terms of this Agreement. Unicast shall provide you notice of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the materials acquired hereunder to countries or persons prohibited under the export control laws.
LINKS TO THIRD PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other than Unicast. Such hyperlinks are provided for your reference only. Unicast does not control such Web sites, and is not responsible for their contents. Unicast inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
This agreement is governed by laws of the Commonwealth of Pennsylvania, U.S.A. You hereby consent to the exclusive jurisdiction and venue of cours in Lehigh County, Pennsylvania, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Unicast as a result of this agreement or use of this Web site.
Unicast's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Unicast's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Unicast with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most fully fulfills the intent of the original provision and the remainder of the agreement shall continue in effect.
Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event.
Any rights not expressly granted herein are reserved.
USER DATA POLICIES
About IP Addresses
Unicast collect IP addresses for the purposes of system administration and to report aggregate information to our advertisers.
An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web. Web servers - the large, powerful computers that "serve" up Web pages -automatically identify your computer by its IP address.
When guests request pages from Unicast sites, our servers log the guests' IP addresses. We do not link IP addresses to anything personally identifiable. This means that a user's session will be logged, but the user remains anonymous to us.
By showing how and when guests use a site, cookies help us see which areas are popular and which are not. Many improvements and updates to the site are based on such data as total number of visitors and pages viewed. This information is most easily tracked with cookies.
The importance of security for all personally identifiable information associated with our subscribers is of utmost concern to Unicast. Unicast exercises great care in providing secure transmission of subscriber information from the subscriber's PC to Unicast's servers, utilizing encryption software.
Only those employees who need access to a subscriber's information in order to do their jobs are allowed access, each of whom has signed a confidentiality agreement with Unicast, whose restrictions extend to subscriber information. Any employee who violates Unicast's confidentiality and/or security policies is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.