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
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
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
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
UEVEN™, UEVEN™ Logo and Design, and the following trademarks:
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
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 .
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
, 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
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.
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
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
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:
. 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.
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.
(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
under the AAA Rules of Arbitration, located at a mutually convenient forum in Phoenix,
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
of this Site, whether in printed or software format.
Notices to you may be made via either email or regular mail. UEVEN
notices or links to notices to you generally on the Site.
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
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
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.
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
presented in conjunction with those items or programs. You must agree to these Additional
apply equally. In the event of an irreconcilable inconsistency between the Additional
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
signed by an authorized representative of UEVEN may only provide a legal waiver.
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.