ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS OF USE"), DO NOT USE THIS WEBSITE.

Use of Site. UEVEN, LLC (“UEVEN”) authorizes you to view and/or download the materials at this Website and other UEVEN Websites that are linked to this site or affiliated with this site ("Site"), under the condition that all the information, programs, processes, methodologies, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively "Content") may not be copied or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any way, without the prior written consent of UEVEN EXCEPT: only for your personal, non-commercial use, including the evaluation of our software products, and provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. For purposes of these Terms, any use of this Content on any other Web site or networked computer environment for any other purpose is prohibited.

Use of Software. If you download any software from this Site ("Software"), the Software, including all code, files, images, contained in or generated by the Software, and accompanying data, are deemed to be licensed to you by UEVEN for the purposes of evaluation to determine whether to enter into a formal Technology License Agreement. Neither title nor intellectual property rights are transferred to you, but remain with UEVEN, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. You may not download or install the Software until you have read and accepted these Terms.

Copyrights, Trademarks And Service Marks. Unless otherwise noted, all Content and other materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by UEVEN or by other parties that have licensed their material to UEVEN. The Content of this Site is copyrighted and any unauthorized use of the Content of this Site may violate copyright, trademark, and other laws, in addition to being a material breach of the Terms of Use.

There are a number of proprietary logos, service marks, trademarks, slogans and product designations (“Marks”) found on this Site. By making them available on this Site, UEVEN is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of UEVEN’s or any third party’s intellectual property rights. Use of UEVEN’s proprietary logos, service marks, trademarks, slogans and product designations found on this Site by users is restricted as set forth in the Terms of Use.

UEVEN™, UEVEN™ Logo and Design, and the following trademarks:

UEVEN LLC Company Logo trademark

SHARCC Phoenix Logo registered product

SHARCC Logo registered product

EmpPedia Logo registered product

UEVEN Services Logo registered service mark

UEVEN Tagline Solutions begin with you! Logo registered service mark

are the proprietary trademarks of UEVEN, LLC. UEVEN’s trademarks may be used publicly only with prior written permission from UEVEN. Fair use of UEVEN’s trademarks in advertising and promotion of UEVEN products requires proper acknowledgment. No UEVEN trademark or service mark may be used as a hyperlink without UEVEN’s prior written permission.

All other names and brands are the proprietary marks of others.

The various marks on this site represent some of the marks currently owned or controlled by UEVEN or under license to UEVEN. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all UEVEN worldwide proprietary ownership rights, and UEVEN may own or control other proprietary rights in one or more countries outside of the United States .

User Submissions. UEVEN does not solicit, but may accept, any product or process ideas, innovations suggestions, improvements or other user submissions, with the understanding that all remarks, suggestions, ideas, innovations, graphics, materials, information, data, concepts, submissions or other communications you transmit or post to this Site (together, the "Communications") are assigned to, and will forever be the property of, UEVEN without any further compensation or other benefit to the user submitting such Communications. Other than personally identifiable information, which is covered under the UEVEN Privacy Policy, any Communications will be considered non-confidential and non-proprietary. UEVEN will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future UEVEN operations. UEVEN will have exclusive ownership of all present and future existing rights to the Communications of every kind and nature everywhere.

For any Communications that cannot be legally assigned to UEVEN, you hereby grant UEVEN and its designees an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that UEVEN is free to use any ideas, concepts, know-how or techniques that you send UEVEN for any purpose whatsoever without compensation to you or any other person sending the Communication. In addition, you warrant that all so-called "moral rights" with respect to the Communication have been waived.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.

User Forums or other Communication Networks. UEVEN may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards, communication networks or other user forums, and the content of any such Communications. UEVEN, is free in its sole discretion to remove, edit, delete or modify any Communications deemed undesirable without prior notice to the user submitting such Communications; however, UEVEN will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise, and retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.

Links To Third Party Web Sites. This Site may provide links to other third party websites or resources. Such links to third party websites on this Site are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. UEVEN has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, UEVEN makes no representations whatsoever about any other website, which you may access through this Site, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you acknowledge and agree that UEVEN is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that UEVEN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource.

Disclaimer. THE MATERIALS, INFORMATION AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

UEVEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE.

UEVEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, DATA OR INFORMATION IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE UEVEN MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT UEVEN ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT UEVEN. UEVEN UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR GEOGRAPHIC LOCATION.

The information presented on this site or broadcast from this site with website software by UEVEN from UEVEN publications, writings and/or third party books or writings is for information purposes only and is not meant to serve as a substitute for professional legal or financial advice which should be obtained through consultation with appropriate professionals in your state.

Limitation of Liability. IN NO EVENT WILL UEVEN, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, UEVEN’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Procedure for Making Claims of Copyright Infringement. UEVEN respects the intellectual property rights of others, and expects its users to do the same. UEVEN will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512). Any notifications of claimed copyright infringement must be sent to UEVEN at the following address: webmaster@ueven.com. When notifying UEVEN of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.

GENERAL TERMS

Applicable Laws. UEVEN from its offices within the United States of America controls this Site. UEVEN makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States , and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of the State of Arizona . By using this Site, and agreeing to the Terms, you agree that any dispute to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use, shall be settled through binding arbitration under the AAA Rules of Arbitration, located at a mutually convenient forum in Phoenix, Arizona.

Termination. UEVEN, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, if UEVEN believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or if you are in breach of the terms of the Terms of Use. Upon termination, you will immediately destroy any copies of Content of this Site, whether in printed or software format.

Notices. Notices to you may be made via either email or regular mail. UEVEN may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.

Privacy. UEVEN recognizes the need to protect the privacy of users of this Site, and to provide additional privacy protection to children. Children 12 years old and younger may visit this Site without disclosing any personally identifiable information. Please see our Privacy Policy for more information.

Revisions. UEVEN may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at this Site may be out of date, and UEVEN makes no commitment to update the materials and services at this Site.

Additional Terms. Certain items or well-being programs offered by this Site, whether by UEVEN or its partners, and certain areas within this Site may be governed by additional terms of use and/or other agreements ("Additional Terms") presented in conjunction with those items or programs. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms of Use, the Additional Terms shall control.

Waiver. UEVEN's failure to enforce any part of these Terms of Use shall not constitute a waiver of any of UEVEN’s rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by UEVEN nor the reliance of any person on UEVEN’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. A specific, written waiver signed by an authorized representative of UEVEN may only provide a legal waiver.

Severability. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Acceptance of Terms. You acknowledge you have read, and agree to be bound by these Terms and to comply with all applicable laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

© Copyright 2006 UEVEN, LLC. All Rights Reserved.