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Terms
of Use
Welcome to the UFANET
Web site (the "Site"). By using the Site, you agree to
follow and be bound by the following terms and conditions
concerning your use of the Site ("Terms of Use") and our
Privacy Policy. We may
revise the Terms of Use and Privacy Policy at any time without
notice to you.
Areas of the Site
may have different terms of use posted. If there is a conflict
between the Terms of Use and terms of use posted for a specific
area of the Site, the latter shall have precedence with respect to
your use of that area of the Site.
1. Use of Web
Site Information
You may download, view, copy and print documents and graphics
incorporated in these documents (the "Documents") from
the Site subject to the following: (a) the Documents may be used
solely for personal, informational, non-commercial purposes; and
(b) the Documents may not be modified or altered in any way.
Except where your use constitutes "fair use" under
copyright law, you may not otherwise use, download, upload, copy,
print, display, perform, reproduce, publish, license, post,
transmit or distribute any information from this Web site in whole
or in part without the express authorization of UFANET.
2. Use of
Software
Any use of software and accompanying documentation you download
from the Site is subject to the terms of a software license
agreement between you and UFANET. You must read the license
agreement and indicate your agreement to its terms prior to
installing or using the software. All rights, title and interest
not expressly granted are reserved.
3. Use of Forums
and Public Communication
"Forum" means a discussion group, chat area, bulletin
board, news group, letter to UFANET, its webmaster or employees,
or e-mail function offered as part of the Site. You agree not to
upload, email, post, publish or otherwise transmit through a Forum
any content that: (a) is false or misleading; (b) is defamatory;
(c) is harassing or invades another's privacy, or promotes
bigotry, racism, hatred or harm against any group or individual;
(d) is obscene; (e) infringes another's rights, including but not
limited to intellectual property rights; (f) constitutes
unsolicited bulk e-mail, "junk mail," "spam"
or chain letters; or (g) violates any applicable laws or
regulations.
Forums shall be
used in a noncommercial manner only. You shall not distribute or
otherwise publish any content containing a solicitation of funds,
promotion, advertising, solicitation for goods or services, or
other commercial matter. You agree not to solicit other users of
the Site to use or join or become members of any commercial online
or offline service or other organization. Except where expressly
authorized by UFANET, you agree not to collect or store personal
data about other users.
By uploading,
emailing, posting, publishing or otherwise transmitting content to
any Forum or submitting any content to UFANET, you automatically
grant (or warrant that the owner of such rights has expressly
granted) UFANET a perpetual, royalty-free, irrevocable,
nonexclusive right and license to use, reproduce, modify, adapt,
publish, transmit and distribute such content on in any form,
medium, or technology now known or later developed. In addition,
you warrant that all so-called moral rights in the content have
been waived.
4. Passwords and
Security
You are responsible for maintaining the confidentiality of any
password(s) you are given to access the Site, and are fully
responsible for all activities that occur under your password(s).
You agree to notify UFANET immediately of any unauthorized use of
your password(s).
UFANET is concerned
about the security of personal information we have collected from
you and has taken reasonable steps to prevent unauthorized access
to that information.
5. Termination
of Use
You agree that UFANET may, in its sole discretion, at any time
terminate your access to the Site and any account(s) you may have
in connection with the Site. Access to the Site may be monitored
by UFANET.
6. Third Party
Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content,
products and services from third parties, including users,
advertisers, affiliates and sponsors of the Site. You agree that UFANET
is not responsible for the availability of, and content provided
on, third party Web sites. You should refer to the policies posted
by other Web sites regarding privacy and other topics before you
use them. You agree that UFANET is not responsible for third party
content accessible through the Site, including opinions, advice,
statements and advertisements, and understand that you bear all
risks associated with the use of such content. If you choose to
purchase any products or services from a third party, your
relationship is directly with the third party. You agree that UFANET
is not responsible for: (a) the quality of third party products or
services; and (b) fulfilling any of the terms of your agreement
with the seller, including delivery of products or services and
warranty obligations related to purchased products or services.
You agree that UFANET is not responsible for any loss or damage of
any sort you may incur from dealing with any third party.
7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL
CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. UFANET EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UFANET MAKES NO
WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE
SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE
ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT,
MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN
DISCRETION AND RISK. UFANET SHALL HAVE NO RESPONSIBILITY FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
UFANET RESERVES THE
RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT
NOTICE.
8. Limitation of
Liability
IN NO EVENT SHALL UFANET BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS
OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD
PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR
ACCESS TO, OR USE OF, THE SITE.
SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnity
You agree to defend, indemnify and hold harmless UFANET, its
officers, directors, employees and agents from and against any and
all claims, liabilities, damages, losses or expenses, including
reasonable attorneys' fees and costs, arising out of or in any way
connected with your access to or use of the Site.
10. Privacy
Policy
UFANET is concerned about your privacy and has developed a policy
to address privacy concerns. You can find the current privacy
policy at www.UFANET.com/privacy.htm.
11. Note About
Children
Minors are not eligible to use the Site, and we ask that they do
not submit any personal information to us.
12. Export
Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the
content, software, products or services provided on the Site in
violation of U.S. export laws or regulations, or in violation of
any other applicable laws or regulations. You agree to comply with
all export laws and restrictions and regulations of any United
States or foreign agency or authority, and not to directly or
indirectly provide or otherwise make available the services and
products of UFANET in violation of any such restrictions, laws or
regulations, or without all necessary approvals, including,
without limitation, for the development, design, manufacture or
production of nuclear, chemical or biological weapons of mass
destruction. As applicable, you shall obtain and bear all expenses
relating to any necessary licenses and/or exemptions with respect
to your own use of the services of UFANET outside the U.S. Neither
the services of UFANET nor the underlying information or
technology may be downloaded or otherwise provided or made
available, either directly or indirectly, (i) into Cuba, Iran,
Iraq, Libya, North Korea, Sudan, Syria or any other country
subject to U.S. trade sanctions, to individuals or entities
controlled by such countries, or to nationals or residents of such
countries other than nationals who are lawfully admitted permanent
residents of countries not subject to such sanctions; or (ii) to
anyone on the U.S. Treasury Department's list of Specially
Designated Nationals and Blocked Persons or the U.S. Commerce
Department's Table of Denial Orders. By agreeing to these Terms
and Conditions of Use, you agree to the foregoing and represents
and warrants that you are not located in, under the control of, or
a national or resident of any such country or on any such list.
13. Applicable
Laws
All matters relating to your access to, and use of, the Site shall
be governed by U.S. federal law or the laws of the State of
California. Any legal action or proceeding relating to your access
to, or use of, the Site shall be instituted in a state or federal
court in San Francisco or San Mateo County, California. You and UFANET
agree to submit to the jurisdiction of, and agree that venue is
proper in, these courts in any such legal action or proceeding.
14.
Copyright/Trademark Information
Copyright © 1995-2010, UFANET LLC. All rights reserved.
UFANET is a
registered trademark of UFANET LLC. Other names appearing on the
Site may be trademarks of their respective owners. |