Program Overview
Welcome to the Unicentric Website (the "Site"), provided by Unicentric, Inc.
("Unicentric"). These terms and conditions ("Terms and Conditions")
govern your (and any organization(s) on whose behalf you use the Site,
collectively referred to herein as "you") use of the Site and the
contents and materials made available through the Site.
Please read the following terms and conditions carefully before
using this Site. By using or accessing this Site, you acknowledge that
you have read and understand these Terms and Conditions and that you
accept and will be bound by these Terms and Conditions. Unicentric
reserves the right to change these Terms and Conditions without advance
notice to you. Your continued use of the Site following any such
changes to these Terms and Conditions will be conclusively deemed
acceptance of such changes. You are responsible for reviewing any
applicable changes.
Proprietary Rights
All content on the Site,
including product, process, software, technology, copy, graphics, and
customized code and the selection and arrangement thereof
(collectively, "Content"), are the intellectual property of Unicentric
or its suppliers unless otherwise noted or attributed, and are
protected by United States and international copyright law, trademark
and trade secret law, as well as other state, federal, provincial and
international laws and regulation, and are Copyright 2001 - 2003,
Unicentric, Inc. All Rights reserved.
"Unicentric", "Unicentric.com," Unicentric.net, Unicentric.org, and
other Unicentric graphics and logos are trademarks of Unicentric, Inc..
Unless otherwise noted, all other trademarks, service marks, and logos
not owned by Unicentric and used in this Site are the trademarks,
service marks, or logos of their respective owners.
Site License
Unicentric, Inc. hereby grants you
a revocable, nonexclusive, nontransferable, limited license to access
and display the Site on your own computer for you own internal,
non-commercial, personal purposes and to view, copy and print documents
and graphics incorporated in this Site under the following conditions:
1. The documents or graphics are used only for your internal informational, non-commercial, personal purposes, and
2. Any documents or graphics, or any portion thereof printed or
copied by you contains the copyright notices contained in these Terms
and Conditions and other applicable notices and attributions contained
in such documents or graphics.
Unicentric reserves the right to limit the provision of any product
or service to any person, geographic area, or jurisdiction as it so
desires or as required by law, regulation or judicial process.
Unicentric may add, delete, or change the Site or Content at any time
without notice. All use of the Site and its Content is conditioned is
on your continued compliance with these Terms and Conditions.
Except as expressly provided herein, Unicentric does not grant any
express or implied right or license to you to any patent(s),
copyright(s), trademark(s), trade secret information or any other
intellectual property rights of Unicentric or its suppliers. Except as
expressly set forth in these Terms and Conditions, you may not copy,
reproduce, distribute, republish, download, display, post, transmit or
create derivative works of this Site or any Content, in any form or by
any means, in whole or in part, without the prior written permission of
Unicentric or the respective owner of the Content contained on the
Site.
You may not use, frame or utilize framing techniques to enclose the
Site or any Content, in whole or in part, without Unicentric's prior
written permission. Further, you may not use any metatags or any other
"hidden text" utilizing a Unicentric name, trademark or service mark
without Unicentric's prior written permission, nor may you use
hyperlinks, or similar technology to access the Site or its Content
without Unicentric' express written permission.
Submissions of Information and Privacy
Unicentric
will not collect any personal information about you (such as your name,
address, or telephone number) unless you provide it voluntarily. In the
course of using the Site, however, Unicentric may automatically track
certain information about you. This information may include, among
other things, the URL that you just came from (whether this URL is on
our Site or not), which URL you next go to (whether this URL is on our
Site or not), what browser you are using, and your IP address. Any
information or materials you submit to Unicentric via this Site shall
NOT be deemed proprietary or confidential. You grant Unicentric a
nonexclusive, irrevocable, royalty-free license to use, copy,
reproduce, distribute, republish, display, post, transmit, create
derivative works and exploit any information provided by you to the
Site or gathered by Unicentric from your use of the Site.
Unicentric will not, however, release your name or publicize that you submitted information or materials to us unless:
1. We obtain your permission to use your name,
2. We, or our contractors, require such information to operate the
Site or to contact you regarding Unicentric, its products, services, or
the Site,
3. It is necessary, in Unicentric sole discretion, to operate the
Site, to protect Unicentric or Unicentric' customers or suppliers, or
to comply with governmental, regulatory, or judicial obligations,
processes or requests, or
4. Such information is provided as part of the sale of Unicentric or all or substantially all of its assets.
Unicentric may use cookies on certain pages of our Site. Cookies are
small amounts of data that are sent to your browser from our web server
and are stored on your computer's hard drive, not on our Site. Cookies
allow us to track where you go on our Site, or to make it easier for
you to return on subsequent visits to those areas that are of most
interest you. Cookies can also help us provide information which is
targeted to your interests. You are always free to decline our cookies
if your browser permits, however, removing cookies may reduce the speed
at which you move through our Site or limit your ability to access
certain portions of our Site.
Unicentric has implemented a number of security features throughout
the Site to help prevent the unauthorized release of or access to
personal information. Please be advised, however, that although
Unicentric has endeavored to create a secure and reliable Site, the
confidentiality of any communication or material transmitted to or from
Unicentric via the Site or e-mail cannot be guaranteed. Unicentric has
no responsibility or liability for the security of information
transmitted via the Internet.
Restrictions on Use
You agree not to knowingly:
(i) use any device, software or technique to interfere with or attempt
to interfere with the proper working of the Site; (ii) post or transmit
to the Site any unlawful, fraudulent, harassing, libelous, profane,
obscene or otherwise objectionable information of any kind; (iii) post
or send to the Site any information that contains a virus, bug, Trojan
horse, or other harmful item; (iv) post or transmit into or on the Site
any information in violation of another party's copyright or other
intellectual property rights; (v) take any action which imposes an
unreasonable or disproportionately large load on Unicentric'
infrastructure; or (vi) use any device or technology to provide
repeated automated attempts to access password-protected portions of
the Site.
Unicentric reserves the right to refuse to post or to remove any
information on the Site, in whole or in part, for any reason. You agree
to comply with all governmental laws, statutes, ordinances, regulations
and judicial orders (including any of the foregoing related to unfair
competition, anti-discrimination or false advertising) regarding your
use of the Site.
Disclaimers
THIS SITE AND ALL CONTENT ARE
PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS SITE
AND ANY CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
UNICENTRIC, ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, UNICENTRIC DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ANY
CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE,
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE
CORRECTED.
NOTHING EXPRESSED IN OR IMPLIED BY THIS WEBSITE SHALL CONSTITUTE A SOLICITATION AND/OR OFFERING OF SECURITIES.
Limitations of Liability
YOUR SOLE REMEDY WITH
RESPECT TO ANY PROBLEM WITH THIS SITE OR ANY CONTENT SHALL BE TO
DISCONTINUE USING THIS SITE OR SUCH CONTENT.
UNDER NO CIRCUMSTANCES SHALL UNICENTRIC, OR ITS AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THIS SITE
OR ANY CONTENT PROVIDED BY OR ON BEHALF OF UNICENTRIC BE LIABLE FOR ANY
PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL
DAMAGES ARISING FROM OR IN CONNECTION WITH THIS SITE OR ANY SUCH
CONTENT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND
DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnity
You agree to defend, indemnify, and
hold harmless Unicentric and its affiliates and all of their employees,
agents, directors, officers, proprietors, partners, representatives,
shareholders, servants, attorneys, predecessors, successors, and
assigns, from and against any and all claims, proceedings, damages,
injuries, liabilities, losses, costs, and expenses (including
reasonable attorneys' fees), relating to, arising from or concerning
(a) any breach of these Terms and Conditions by you, or (b) your use of
the Site.
Links to Other Sites
The Unicentric Site may
contain links to other Websites. Unicentric is not responsible for the
availability of such other sites and does not endorse or adopt, and is
not responsible or liable for any content, products, services or other
materials available on such other sites or any correspondence or
dealing with such sites or their sponsors. When leaving this Site to
visit a linked site, you should be aware that our terms and conditions
and policies do not apply to your use of the linked site, and
therefore, you should review the applicable terms, conditions and
policies, including privacy and data-gathering practices, of each
linked site.
Confidentiality on the Internet
Use of the
Internet is solely at your own risk and is subject to all applicable
local, state, national and international laws and regulations. We are
not responsible for the security of any information transmitted over
the Internet. You assume all risks in transmitting material to or from
this Site and must make your own determination as to these matters. For
more private communication with Unicentric, you may contact us at info@Unicentric.com or call (412) 697-7303.
Term, Termination and Suspension
Unicentric
reserves the right at any time and for any reason to deny you access to
the Site or any portion thereof, to discontinue the Site or any portion
thereof, to change the Site, or to change the Internet address at which
the Site may be accessed. Any such change will be effective without
notice.
Forward-Looking Statements
This web site may
contain forward-looking statements within the meaning of the "safe
harbor" provisions of the Private Securities Litigation Reform Act of
1995. These statements are based on management's current expectations
and beliefs and are subject to a number of risks, uncertainties and
assumptions that could cause actual results to differ materially from
those described in the forward-looking statements. All statements other
than statements of historical fact are statements that could be deemed
forward-looking statements. Because forward-looking statements involve
risks and uncertainties, actual results and events may differ
materially from results and events currently expected. Unicentric
expressly disclaims any duty to update information contained in this
web site except as required by law. If any of these risks or
uncertainties materializes or any of these assumptions proves
incorrect, results and events could differ materially from the
expectations in these statements. Unicentric assumes no obligation and
does not intend to update these forward-looking statements except as
required by law.
Choice of Law; Arbitration
These Terms and
Conditions shall be governed by and construed in accordance with the
laws of the Commonwealth of Pennsylvania, U.S.A., without giving effect
to its conflict of laws principles. Except for allegations that you
have infringed or have threatened to infringe any intellectual property
rights, any dispute or controversy between you and us, or arising under
or concerning performance or breach of these Terms and Conditions,
shall be settled by one arbitrator in binding arbitration, to be held
in Pittsburgh, Pennsylvania, U.S.A., under the then-current rules of
the American Arbitration Association. Judgment on the arbitration award
may be entered in any court of competent jurisdiction. In the event
that we allege that you have infringed or threatened to infringe our
intellectual property rights, then, in addition to any other rights and
remedies we may have, we may seek any preliminary or permanent
injunctive relief from any court of competent jurisdiction. For such
actions, you irrevocably consent to the exclusive personal jurisdiction
and venue of the federal and state courts in and for Pittsburgh,
Pennsylvania, U.S.A.