Terms of Use
PLEASE READ
THIS TERMS OF USE AGREEMENT (THIS “AGREEMENT”)
CAREFULLY BEFORE USING THIS WEB SITE. United Systems
International Corporation. (“USI Corporation”,
“WE”, “US”) PROVIDES THIS
WEB SITE AND ALL SITE-RELATED SERVICES (COLLECTIVELY,
THE “SITE”) SUBJECT TO YOUR COMPLIANCE
WITH THE TERMS AND CONDITIONS SET FORTH IN THIS
AGREEMENT. BY USING THE SITE, YOU (“USER”,
“YOU”) AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO
NOT USE THE SITE.
GENERAL. USI Corporation reserves
the right at any time to: (a) change the terms
and conditions of this Agreement or impose new
conditions; (b) change the Site; or (c) modify,
eliminate or discontinue any of the products and/or
services offered or described on the Site, including,
without limitation, the e-commerce portion of
the Site and any of the products and/or services
offered or described thereon (collectively, the
“USI Corporation Store”). Any changes
we make will be effective immediately upon posting
on the Site. Any use of the Site by User after
such notice shall be deemed to constitute acceptance
by User of such changes, additions, modifications,
eliminations or discontinuations. The latest version
of this Agreement can be viewed at Terms of Use.
We ask that you bookmark and review periodically
this page to ensure continuing familiarity with
the most current version of this Agreement. Upon
our request, you agree to sign a non-electronic
version of this Agreement.
The information on the Site does not constitute,
nor shall it be deemed to constitute, an invitation
to invest or otherwise deal in shares of USI Corporation
or any other company.
Code of Conduct. While
using the Site and/or the products and services
offered in the USI Corporation Store and anywhere
else on the Site (collectively, the “Products”),
you agree not to:
· Restrict or inhibit any other visitor
or member from using the Site, including, without
limitation, by means of "hacking" or
defacing any portion of the Site;
· Use the Site and/or the Products for
any purpose other than support of your internal
business or personal activities in acquiring the
Products;
· Use the Site and/or the Products for
any unlawful purpose;
· Express or imply that any statements
you make are endorsed by us, without our prior
written consent;
· Transmit (a) any content or information
that is unlawful, fraudulent, threatening, abusive,
libelous, defamatory, obscene or otherwise objectionable
or infringes on our or any third party’s
intellectual property or other rights; (b) any
material, non-public information about companies
without the authorization to do so; (c) any trade
secret of any third party; or (d) any advertisements,
solicitations, chain letters, pyramid schemes,
investment opportunities or other unsolicited
commercial communication (except as otherwise
expressly permitted by us);
· Engage in spamming or flooding;
· Transmit any software or other materials
that contain any virus, worm, time bomb, Trojan
horse or other harmful or disruptive component;
· Modify, adapt, sub-license, translate,
sell, reverse engineer, decompile or disassemble
any portion of the Site and/or the Products;
· Remove any copyright, trademark or other
proprietary rights notices contained in the Site;
· "Frame" or "mirror"
any part of the Site without our prior written
consent;
· Use any robot, spider, site search/retrieval
application or other manual or automatic device
or process to retrieve, index, “data mine,”
or in any way reproduce or circumvent the navigational
structure or presentation of the Site or its contents;
or
· Harvest or collect information about
visitors or members of the Site without their
express consent.
While using the Site and/or
the Products, you agree to comply with all applicable
laws, rules and regulations.
WARRANTY DISCLAIMER.
THE SITE, THE PRODUCTS, THE MATERIALS ON THE SITE
ARE PROVIDED "AS IS" WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE
LAW, USI Corporation AND OUR AFFILIATES, SUPPLIERS,
ADVERTISERS AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE
OR OTHER VIOLATION OF RIGHTS. USI Corporation
AND OUR AFFILIATES, SUPPLIERS, ADVERTISERS AND
AGENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
THAT YOUR USE OF THE SITE OR USE OF THE MATERIALS
ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE
OR SECURE OR THAT DEFECTS WILL BE CORRECTED OR
THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS
HOSTED) OR THE MATERIALS ON THE SITE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE
THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING
ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT
NEEDED TO ACCESS AND USE THE SITE AND ALL CHARGES
RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE, THE PRODUCTS
OR THE MATERIALS ON THE SITE AND YOUR RELIANCE
THEREON. NO OPINION, ADVICE OR STATEMENT OF USI
Corporation OR OUR AFFILIATES, SUPPLIERS, ADVERTISERS
OR AGENTS, WHETHER MADE ON THE SITE, IN THE PRODUCTS,
IN THE MATERIALS ON THE SITE OR OTHERWISE, SHALL
CREATE ANY WARRANTY. WITHOUT LIMITATION, USI Corporation:
(a) DISCLAIMS AND SHALL NOT HAVE ANY OBLIGATION
TO UPDATE OR VERIFY THE ACCURACY OF, AND DOES
NOT GUARANTEE THE ACCURACY OF, ANY STATEMENTS
LOCATED ON THE INVESTOR RELATIONS, NEWS &
INFORMATION AND OTHER SECTIONS OF THE SITE AND
(b) IN NO EVENT SHALL BE RESPONSIBLE OR LIABLE
FOR THE DELIVERY OF, FAILURE TO DELIVER OR THE
CONTENTS OF ANY E-MAIL ALERTS.
A possibility exists that
the Site could include inaccuracies or errors
or materials that violate this Agreement (including,
the Code of Conduct above). Additionally, a possibility
exists that unauthorized alterations could be
made by third parties to the Site. Although we
attempt to ensure the integrity of the Site, we
make no guarantees as to the Site’s completeness
or correctness. In the event that such a situation
arises, please contact us at
with, if possible, a description of the material
to be checked and the location (URL) where such
material can be found on the Site, as well as
information sufficient to enable us to contact
you. We will try to address your concerns as soon
as reasonably practicable. For copyright infringement
claims, see the section on "Claims of Copyright
Infringement" below.
LIMITATION OF LIABILITY. IN
NO EVENT WILL USI Corporation OR OUR AFFILIATES,
SUPPLIERS, ADVERTISERS OR AGENTS BE LIABLE TO
ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES RELATED IN ANY WAY TO THE SITE AND/OR
CONTENT CONTAINED ON THE SITE OR IN OR ON ANY
OF THE PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR OTHERWISE, EVEN
IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THE SITE AND/OR CONTENT CONTAINED WITHIN
THE SITE IS TO STOP USING THE SITE. THE SOLE AND
EXCLUSIVE MAXIMUM LIABILITY TO USI Corporation
FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTIONS
(WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE) OR OTHERWISE) SHALL BE
THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS
THE SITE.
MAKING PURCHASES.
If you wish to purchase any of the Products (through
the Partner Online Ordering or anywhere else on
the Site), you will be asked by USI Corporation
to supply certain information applicable to your
purchase, including, without limitation, credit
card and other personal information. You understand
that any such information will be treated by Overland
in the manner described in our Privacy Policy,
which can be found at Privacy. However, USI Corporation
cannot guarantee that a third party will not be
able to access such information or any other information
sent by you over the Internet. You agree that
all information that you provide to USI Corporation
will be accurate, current and complete. You agree
to pay all charges incurred by you or any users
of your account, credit card or other payment
mechanisms at the price(s) in effect when such
charges are incurred. You also will be responsible
for paying any applicable taxes relating to your
purchases.
AVAILABILITY OF THE
PRODUCTS. USI Corporation makes no guarantee
that any of the Products will be available when
ordered. Descriptions or images of, or references
to, the Products do not imply USI Corporation’s
endorsement of the Products. We reserve the right,
without prior notification, to change such descriptions
or references or to limit the order quantity on
any of the Products. Verification of information
may be required prior to USI Corporation’s
acceptance of any order. Price and availability
of any of the Products are subject to change without
notice. Without limiting the generality of the
disclaimers in this Agreement, USI Corporation
specifically disclaims the accuracy, including
completeness, reliability and timeliness, of any
descriptions, specifications and other information
related to the Products.
LINKS TO THIRD
PARTY SITES. There may be links on
the Site that will permit you to travel to other,
third-party sites over which USI Corporation has
no control, including, without limitation, links
to news, investment and industry third-party sites
(the “External Sites”). USI Corporation
makes no representations whatsoever about the
content of any of the External Sites or about
any of the links contained in the External Sites
that you may access through the Site. USI Corporation
does not endorse or accept any responsibility
for the content on, or use of, the External Sites.
You should contact the site administrator or webmaster
for any External Site if you have any concerns
regarding such links or the content located on
such External Site. Furthermore, there are inherent
dangers in the use of any software available for
downloading on the Internet, and USI Corporation
cautions you to make sure that you completely
understand the potential risks (including the
potential infection of your system by computer
viruses) before downloading any software or files.
You solely are responsible for adequate protection
and backup of the data and equipment used in connection
with any software or files.
INTELLECTUAL PROPERTY. You acknowledge
and agree that the Site and any necessary software
used in connection with the Site (the "Software")
contain proprietary and confidential information
that is protected by applicable intellectual property
and other laws. You further acknowledge and agree
that content contained in sponsor advertisements
or information presented to you through the Site
or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights
and laws. Except as expressly authorized by USI
Corporation or our affiliates, suppliers, advertisers
and agents, you agree not to modify, rent, lease,
loan, sell, assign, sublicense, distribute, grant
a security interest in or otherwise transfer any
right in the Site or the Software, in whole or
in part; reverse engineer, reverse assemble or
otherwise attempt to discover any source code
in the Site or the Software, in whole or in part;
or create a derivative work based on the Site
or the Software, in whole or in part. Subject
to the foregoing restrictions, USI Corporation
grants you a personal, non-transferable and non-exclusive
right and license to use the object code of the
Software on a single computer. You agree not to
modify the Software in any manner or form or to
use modified versions of the Software, including
(without limitation) for the purpose of obtaining
unauthorized access to the Site. You agree not
to access the Site by any means other than through
the interface that is provided by USI Corporation
for use in accessing the Site.
CLAIMS OF COPYRIGHT
INFRINGEMENT. The Digital Millennium
Copyright Act of 1998 (the “DMCA”)
provides recourse for copyright owners who believe
that material appearing on the Internet infringes
their rights under U.S. copyright law. If you
believe in good faith that materials hosted by
USI Corporation infringe your copyright, you (or
your agent) may send us a notice requesting that
the material be removed or access to it blocked.
The notice must include the following information:
(a) a physical or electronic signature of a person
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; (b)
identification of the copyrighted work claimed
to have been infringed (or if multiple copyrighted
works located on the Site are covered by a single
notification, a representative list of such works);
(c) identification of the material that is claimed
to be infringing or the subject of infringing
activity and information reasonably sufficient
to allow USI Corporation to locate the material
on the Site; (d) the name, address, telephone
number and email address (if available) of the
complaining party; (e) a statement that the complaining
party has a good faith belief that use of the
material in the manner complained of is not authorized
by the copyright owner, its agent or law; and
(f) a statement that the information in the notification
is accurate and, under penalty of perjury, that
the complaining party is authorized to act on
behalf of the owner of an exclusive right that
is allegedly infringed. If you believe in good
faith that a notice of copyright infringement
has been filed wrongly against you, the DMCA permits
you to send USI Corporation a counter-notice.
Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA; see
http://www.loc.gov/copyright/ for details. Notices
and counter-notices with respect to the Site should
be sent to Legal Department, USI Corporation,
600 Hillgrove Ave, Western Springs, IL, 60558,
copyright@usicorp.com. We suggest that you consult
your legal advisor before filing a notice or counter-notice.
Also, be aware that there can be penalties for
false claims under the DMCA.
OWNERSHIP AND
RESTRICTIONS ON USE. ©2000-2006 USI Corporation
All Rights Reserved. The Site is owned
and operated by us in conjunction with others
pursuant to contractual arrangements. You may
not copy, reproduce, republish, upload, post,
transmit or distribute materials from the Site
in any way, without our prior written consent.
Modification of the materials or use of the materials
for any other purpose is a violation of our copyright
and other proprietary rights and is strictly prohibited.
You acknowledge that you do not acquire any ownership
rights by using the Site.
INDEMNIFICATION. You agree to indemnify, defend
and hold us, our officers, directors, employees,
agents and representatives harmless from and against
any and all claims, damages, losses, costs (including
reasonable attorneys’ fees) or other expenses
that arise directly or indirectly out of or from:
(a) your breach of this Agreement, including any
violation of the Code of Conduct above; (b) any
allegation that any materials that you submit
to us or transmit to the Site infringe or otherwise
violate the copyright, trademark, trade secret
or other intellectual property or other rights
of any third party; and/or (c) your activities
in connection with the Site.
JURISDICTION. The Products (whether
available for purchase anywhere on the Site) are
subject to United States export controls. None
of the Products may be downloaded or otherwise
exported or re-exported: (a) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Sudan, Syria, Yugoslavia or any other country
to which the United States has embargoed goods;
or (b) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders.
By downloading or using any of the Products, you
represent and warrant that you are not located
in, under the control of, or a national or resident
of any such country or on any such list.
We reserve the right to limit
the availability of the Site and/or the provision
of any of the Products described thereon to any
person, geographic area or jurisdiction we so
desires at any time and in our sole discretion,
and to limit the quantities of any of the Products
that we provide. Furthermore, we make no representation
that the Products or any other materials in or
on the Site are appropriate or available for use
in any location where such use is prohibited.
Those who choose to access the Site from locations
where such access and use are prohibited do so
on their own initiative and at their own risk
and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
TERMINATION.
This Agreement shall remain effective until terminated
in accordance with its terms. Either party may
terminate this Agreement immediately upon notice
to the other party. In addition, we reserve the
right to immediately terminate this Agreement,
and/or your access to and use of the Site or any
portion thereof, at any time and for any reason,
with or without cause. Upon termination of this
Agreement by either party, your right to use the
Site shall immediately cease, and you shall destroy
all materials obtained from the Site and all copies
thereof, whether made under the terms of this
Agreement or otherwise. You agree that any termination
of your access to the Site under any provision
of this Agreement may be effected without prior
notice. You further agree that USI Corporation
shall not be liable to you or any third party
for the termination of your access to the Site.
MISCELLANEOUS.
This Agreement represents the entire understanding
relating to the use of the Site and prevails over
any prior or contemporaneous, conflicting or additional,
communications. USI Corporation is an Illinois
corporation based in the City of Western Springs,
Illinois. The formation, construction and interpretation
of this Agreement and the relationship between
USI Corporation and you shall be controlled by
Illinois law without reference to Illinois conflict
of law principles. You and USI Corporation agree
to submit to the personal and exclusive jurisdiction
and venue of the state and federal courts located
within Cook County, Illinois. USI Corporation’s
failure to exercise or enforce any right or provision
of this Agreement shall not constitute a waiver
of such right or provision. If any provision of
this Agreement or the application of such provision
to any person or circumstance shall be held invalid,
the remainder of this Agreement or the application
of such provision to persons or circumstances
other than those to which it is held invalid shall
not be affected thereby.
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