UCS

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Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

UCS, Inc. and its associated companies (collectively, “UCS”) own and operate a network of web sites (collectively, the "Web Sites"). By using the Web Sites, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use the Web Sites. UCS may revise and update these Terms and Conditions at any time. Your continued usage of will mean you accept those changes.


1.  Use of Content.


a. The contents of the Web Sites, such as text, graphics, images, information obtained from UCS’s licensors, and other material contained on the Web Sites (“Content”) is protected by copyright under both United States and foreign laws. Title to the Content remains with UCS or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features, including without limitation product pricing and availability, are subject to change or termination without notice in the sole discretion of UCS. Content may contain technical inaccuracies or typographical errors. All rights not expressly granted herein are reserved to UCS and its licensors.

b. UCS authorizes you to view or download a single copy of the material on the Web Sites solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © 2008, UCS, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Web Sites may be included elsewhere within the Web Sites and are incorporated into these Terms and Conditions by reference.

c. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

2. Use of the Web Sites.

a. In your use of the Web Sites, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to (a) use the Web Sites for any purpose in violation of local, state, national, or international laws, (b) insert your own or a third party's advertising, branding or other promotional content into any of the Content or use, redistribute, republish or exploit the Content for any further commercial or promotional purposes, (c) infringe or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (d) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Sites or the services offered on or through the Web Sites, including without limitation any information residing on any server or database connected to the Web Sites or the services offered on or through the Web Sites, (e) interfere with, interrupt, damage, disable, overburden, or impair the Web Sites, the Content or the services made available on or through the Web Sites, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, (f) attempt to gain unauthorized access to other computer systems through the Web Sites, or (g) assist any third party in doing any of the foregoing.

b. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Sites or the Web Sites' services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web Sites in any manner that could damage, disable, overburden, or impair the Web Sites or interfere with any other party's use and enjoyment of the Web Sites or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Sites.

3. UCS Accounts.

a. In order to access some features of the Web Sites, place orders or sign up for an event, you will have to register for one or more UCS accounts. When registering, you must provide accurate and complete information. You may never use another’s account without permission. It is your sole responsibility to (1) control the dissemination and use of passwords; (2) authorize, monitor, and control access to and use of your UCS account and password; (3) promptly inform UCS of any need to deactivate a password. You grant UCS and all other persons or entities involved in the operation of the Web Sites the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Web Sites. UCS cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using UCS tools and services. You must notify UCS immediately of any breach of security or unauthorized use of your account.

b. Although UCS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of UCS or others due to such unauthorized use.

4. Liability of UCS and its Licensors.

a. The use of the Web Sites and the Content is at your own risk.
b. When using the Web Sites, information will be transmitted over a medium that may be beyond the control and jurisdiction of UCS and its suppliers. Accordingly, UCS assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Web Sites.
c. The Web Sites and the Content are provided on an “as is” basis. UCS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, UCS, its licensors, and its suppliers make no representations or warranties about the following:
i. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Web Sites.
ii. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Web Sites.
d. In no event shall UCS, its licensors, its suppliers, or any third parties mentioned on the Web Sites be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Web Sites or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not UCS, its licensors, its suppliers, or any third parties mentioned on the Web Sites are advised of the possibility of such damages. UCS, its licensors, its suppliers, or any third parties mentioned on the Web Sites shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. UCS, its licensors, its suppliers, or any third parties mentioned on the Web Sites are not liable for any personal injury, including death, caused by your use or misuse of the Web Sites or Content. Any claims arising in connection with your use of the Web Sites or any Content, must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

5. User Submissions.


By sending to UCS via email any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, business information, inventions, how-to or product information or material, you: (i) agree such submission is non-confidential for all purposes, (ii) grant UCS an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute materials or information, and (iii) represent and warrant that you own or otherwise control all of the rights to such information or materials and that UCS is free to use ideas, concepts, know-how or techniques that you send us for any purpose. UCS may sublicense its rights through multiple tiers of sublicenses. Notwithstanding the foregoing, the personal information you submit to UCS is governed by the UCS Privacy Policy. Please review our Privacy Policy for a complete description of how we handle personal information submitted in the process of ordering products or registering on our site. To the extent there is an inconsistency between this Agreement and the UCS Privacy Policy, this Agreement shall govern.

6. Rights Reserved.

UCS reserves the right to refuse service, terminate your account or your access to the Web Sites or any of the Web Sites’ services or features, and/or cancel orders in its sole discretion, including, without limitation, if UCS believes that customer conduct violates applicable law or is harmful to the interests of UCS.

7. Links to Other Sites.


UCS may provide links to third-party web sites. UCS does not recommend and does not endorse the content on any third-party websites. UCS is not responsible for the content of linked third-party sites, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

8. Product Information.

Unless indicated otherwise, most products and services featured on the Web Sites are available directly from or through UCS. UCS has made a conscientious effort to display and describe its products and services on the Web Sites accurately so that you can get a good idea of their design and use, and of any services offered; however, any measurements, weights, colors and other specifications provided for a particular product are approximate and are provided for convenience purposes only. Furthermore, UCS is constantly improving its information, products and services. Consequently, UCS cannot and does not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. Without limiting the foregoing, the appearance of a product’s color on our Web Sites may vary depending on the particular computer that is being used to access the product image, and we do not guarantee that the product colors that you view on our Web Sites accurately depict the true colors of the products. Information regarding products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or providers.

9. Orders and Shipments.


a. Pricing. Prices are subject to change at any time prior to filling your order. UCS will notify you of any price changes in your order. All such price changes are subject to your approval. All prices quoted are in U.S. dollars.
b. Acceptance of Orders. RECEIVING AN ORDER ACKNOWLEDGEMENT VIA E-MAIL DOES NOT GUARANTEE THE ACCEPTANCE OF AN ORDER. UCS RESERVES THE RIGHT TO LIMIT THE QUANTITY OF ITEMS ORDERED AND/OR REFUSE TO SELL TO ANY CUSTOMER.
c. GSA Orders. All UCS items are covered by GSA contracts. For information regarding current GSA contract numbers and ordering information, please contact UCS directly.
d. International Orders. All international sales are coordinated by UCS Inc., at the corporate headquarters in Lincolnton, North Carolina. For complete information regarding pricing and availability within a specific country, please contact UCS directly. CIF pricing and pro forma invoices are available upon request. Payment terms are letter of credit or wire transfer.
e. School Board & Governmental Agency Orders. All orders from school boards or from city, state, or federal agencies must be accompanied with a Purchase Order (P.O.) from the appropriate agency. Payment terms will be on a net thirty (30) day basis after shipment of goods.
f. Damaged Shipments. In the unlikely event that merchandise may be damaged in transit, UCS will assist you in all claims with the carrier as long as the following procedure is strictly followed:
i. Sign, and have the delivery driver sign, the annotated delivery receipt.
ii. Check the shipment upon delivery, and note any damage or shortage on the delivery receipt.
iii. Notify UCS within twenty-four (24) hours after the shipment is received (or we may be unable to assist in the replacement of the damaged goods).
iv. Call the delivery carrier immediately to have a representative visit your site and file a damage report. Also, follow up your request in writing.
v. Be sure to keep the shipping cartons, wrapping, packing materials, and merchandise intact for the carrier inspection until the claim is concluded.
vi. If the shipment was delivered by UPS, claims can only be filed by UCS. Please forward a copy of the inspection report, together with particulars of the order (including damaged items) directly to UCS.
vii. Safe foam equipment is shipped vacuum packed. These shipments are Red Tagged and must be opened immediately in an open area.
g. Risk of Loss. THE RISK OF LOSS AND TITLE FOR ALL ITEMS PURCHASED FROM THE WEB SITES PASS TO YOU UPON OUR DELIVERY TO THE CARRIER.

10. Online Payments.

a. To the extent you utilize UCS’s online payment services, you acknowledge that there cannot be a guarantee that communications or payment transactions conducted online will be absolutely secure. You further acknowledge that there may be system failure that may limit your ability to use the online payment services. You agree to assume all risk and liability arising from your use of UCS’s online payment services, including the risk of breach in the security of the communications or transactions you conduct with UCS online. UCS’s online payment services are provided “As Is” without warranty of any kind, whether expressed or implied, including without limitation the implied warranties of merchantability fitness for a particular purpose or otherwise.

b. You are solely responsible for maintaining the confidentiality of your password, and agree that UCS will have no obligations with regard thereto. You agree not to give your password to anyone. If you believe your password has been lost or stolen or someone has gained access to your password without your permission, call us immediately at (800)526-4856. If you use a third party vendor (or distributor) to pay your UCS payment and you disclose to such vendor your username, password, account number, UCS will not be responsible for the accuracy and timeliness of processing your payment.

c. For purposes of identification, payments and marketing, you agree to provide UCS with current, accurate, complete, and updated information required by the registration for online payment, including legal name, address, telephone number(s), and applicable payment data (e.g., credit card or bank account number). You agree to notify UCS immediately of any changes in your registration data. Proceeding with the registration process indicates your intent to comply with these terms and conditions. Please review our Privacy Policy.

d. By accepting these terms and conditions, you acknowledge that UCS may initiate an ACH debit or credit card debit to the payment account(s) that you have provided.

11. Indemnity.

You agree to defend, indemnify, and hold UCS, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your use of and access to the Web Sites; or (ii) your violation of any term of these Terms and Conditions. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Web Sites.

12. General.

a. UCS is based in Lincolnton, North Carolina in the United States of America with principal offices in Lincolnton, North Carolina. UCS makes no claims that the Web Sites and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Web Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

b. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Public Areas; User Submissions, Media Submissions, Rights Reserved, Indemnity, Jurisdiction, and Complete Agreement.

13. Jurisdiction

a. You expressly agree that exclusive jurisdiction for any dispute with UCS, or in any way relating to your use of the Web Sites, resides in the state courts of Mecklenburg County, North Carolina, and in the federal courts in the Western District of North Carolina, Charlotte Division and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving UCS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

b. These Terms and Conditions are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

14. Complete Agreement.

Except as expressly provided in a particular “legal notice” on the Web Sites, these Terms and Conditions and the UCS Privacy Policy constitute the entire agreement between you and UCS with respect to the use of the Web Sites and Content.

Thank you for your cooperation. Questions or comments regarding the Web Sites should be submitted to info@ucsspirit.com.
 

 

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