Terms of Service - Revision .2.0.7
January 2011
TERMS OF SERVICE AGREEMENT
ACKNOWLEDGMENT AND ACCEPTANCE OF;
Terms of use
· Any website that provides Business or other Services within Universal Awareness Cooperative Network Alliance will be collectively and henceforth referred to as UACNA (Universal Awareness Cooperative Network Alliance).
· By using any website that provides Business or other Services within the UACNA system you acknowledge that you understand The Terms of Use, and are agreeing to comply with any operating rules, regulations, policies, procedure, and be bound by the Terms of Service (TOS) agreement
· UACNA maintains this website as well as and including any other current or future websites in order to conduct business, and offer other services for the benefit of all UACNA Members, Customers, and Business Associates.
· For the avoidance of doubt, you agree that UACNA does not represent or warrant that any website will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error-free.
In its sole discretion
· UACNA reserves the right and has absolute discretion to enforce the TOS if a determination is concluded that any services, offerings or activities violate the TOS.
· Any violation of the TOS UACNA reserves the right to seek all remedies available by contract, law and in equity, involving participants of any website, business, or service within UACNA and may result in the suspension or termination of any account, services, or access to any UACNA website.
· UACNA reserves the right to report any activity, data, or merchant information that is suspected to violate any law or regulation, and may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
· You agree to indemnify, defend and hold harmless any UACNA Associates, Members, or Administrators from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to, or arising from, or out of your use of any UACNA websites or services.
· Except as otherwise limited, liability of any UACNA Associate, Member, or Administrator to any third parties in any circumstances under these terms shall be limited to the lesser of the amount you pay any UACNA provided Business or Service in the 30 days prior to the action giving rise to liability or, $100.
· UACNA reserves the right to amend, modify or discontinue all or part of a website, temporarily or permanently, with or without notice, and is not obligated to support or update the website. Anything effecting a change in the TOS will be amended and shall automatically become effective immediately after being posted.
· UACNA maintains this and other websites within the UACNA system as and may be modified from time-to-time as needed or at the discretion of UACNA Administrators.
Disclaimer
Except as expressly set forth in this Disclaimer;
· UACNA specifically disclaims all, representations, negligence or willful misconduct by any UACNA user for violation of any federal, state, international or local law, regulations, rules or ordinances whether an express or implied infringement of any intellectual property, or other legal right of any person or entity.
· In the event you cause fines and/or penalties to be charged to UACNA, you agree to reimburse UACNA immediately for said fines and/or penalties.
§ If you want to report any violations of these guidelines, please contact sam@universalawareness.net
§ Should you object to any modifications of the Terms, your only recourse is to immediately: Terminate use of the Site and/or Services and notify UACNA of termination.
Limitation of liability
You expressly agree as a condition of and for use of any UACNA websites or services;
· UACNA expressly disclaims any liability to you or any third party that causes any loss arising from or related to the site, however arising, from any third party or entity beyond reasonable control of UACNA.
§ That UACNA shall not be liable for any loss arising from infiltration of the site by means of any type of software viruses, or any other intrusive software programs, or technology designed or intended to disrupt, damage, intercept or expropriate data from a website.
§ That you will not, at any time, conduct yourself or business in any manner that directly or indirectly sells, or promotes any product(s), service(s) or any content which is unlawful, or violates any applicable local, state, federal, national, or international law;
Including, without limitation;
§ Any form of adult; sexually oriented, or obscene materials or services;
§ Directly or indirectly infringes on any proprietary right of any party;
§ Directly or indirectly invasive of another's privacy, or otherwise violate UACNA ’s rules or policies;
§ Directly or indirectly impersonates any person or entity, victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
§ Directly or indirectly contains harmful content that could obtain unauthorized access to any data or expropriate the services or any system, program, data, or personal information of any third party.
§ Te foregoing list is a non-exhaustive list of prohibited goods and services.
INTERNET ABUSE
You are prohibited from engaging or violating the CAN-SPAM Act, in any form of Internet abuse, including but not limited to distributing, publishing, or sending any kind of unsolicited or unwelcome email, commonly referred to as “junk mail” or "spam", to any UACNA Associate, Member, or Administrator.
LINKS TO THIRD PARTY SITES ARE NOT ENDORSEMENTS
Any UACNA website may provide links, as a convenience only, to third-party websites.
§ The linked sites are not under the control of UACNA, and UACNA is not responsible for the contents or policies of any linked website and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site.
§ Links to merchants or advertisers that are owned and operated by independent retailers or service providers are their sole responsibility therefore; UACNA cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
INTELLECTUAL PROPERTY RIGHTS
UACNA holds proprietary to any and all UACNA websites and services or to third parties from whom UACNA has obtained permission for all the text, images, marks, logos and other content, and UACNA authorizes you to view, download, and print content, provided that you may only do so for your own personal and non-commercial use. Reproduction or redistribution of any site content, or any portion of site content, or removal of any copyright, trademark, content or other proprietary notices placed by UACNA, is strictly prohibited without the prior written permission from UACNA and may be requested at sam@universalawareness.net.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected or secure areas of any UACNA website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of UACNA may be subject to prosecution.
SERVICES OFFERED BY UACNA
When you enroll to obtain or use any UACNA Services you thereby accept and agree to our TOS
UACNA does not warrant that any service description or content contained in any UACNA website is accurate, current, reliable, complete, or error-free.
WARRANTY
You expressly acknowledge that;
§ UACNA web services are computer network-based that are provided on an "as is", "as available" basis which may be subject to outages, interruptions, attacks by third parties, and delay occurrences, and therefore there is no UACNA expressly disclaims any liability to you or any third party that web services will be available, accessible, uninterrupted, timely, secure, accurate, complete, entirely error or virus free
§ UACNA makes no warranty as to results that may be obtained from the use of services or to the accuracy, or of any content, information or products reliability, or that defects in a particular website will be corrected.
§ That any downloaded material, data, or software is done at your own discretion and risk and that the user will be solely responsible for any damage to their computer system, loss of service or loss of data that results from the download or use of such information; material; data, or software.
§ UACNA shall use commercially reasonable efforts to remedy material interruptions and will provide adjustments, repairs and replacements, within its capacity, that are necessary to enable services to be performed as their intended functions represent, in a reasonable manner, but; UACNA cannot ensure such efforts will be successful, and if the UACNA efforts are not successful, you may terminate the applicable service agreement and cease using UACNA web services.
§ The foregoing shall constitute your sole remedy, and sole liability of UACNA, in the event of interruption, outage or other delay occurrences of UACNA web services.
DISCLOSURE; FORWARD-LOOKING STATEMENTS
Statements that are not historical fact including, without limitation;
§ Future financial and operating performance of UACNA, as well as any UACNA plans, strategies, partnerships, products, service markets, growth prospects, successes, cost-effectiveness and security of new products or services, objectives, expectations, intentions are based on the then current beliefs and expectations of the management of UACNA and are subject to significant risks and uncertainty.
§ Actual results may vary materially on a number of factors including, without limitation; dependence on a limited number of clients, adverse impact and operating difficulties, future revenues & economic conditions, and operational results.
§ Delays in capital spending by Members, new subscriber growth, global economic recession, new alliances and client base may impact UACNA ’s ability to execute objectives, plans, or strategies including, without limitation, product or services development plans, business strategy, economic and political instability in the domestic and international markets including, without limitation, the impact of terrorist threats and hostilities and the declaration of war or similar actions, effecting the ability of UACNA to expand into new markets, business and operations.
§ UACNA undertakes no obligation to update any forward-looking statements. Nothing contained in any UACNA website constitutes an offer to sell or solicitation of an offer to buy or participate in or with any UACNA Services.
TERMINATION & EFFECT
UACNA may terminate access to any UACNA website or service, with or without cause, at any time, and at the discretion of UACNA, be effective immediately.
§ UACNA shall not be liable to you or any third party for termination and any termination that is initiated shall be accompanied by a written or electronic notice to you, and thereafter your right to use the Site shall immediately cease.
PRIVACY POLICY
In accordance with the UACNA Privacy Policy
Information collected by UACNA will be treated In accordance with the UACNA Privacy Policy which is incorporated herein by reference.
TRADEMARKS
Universal Awareness.net, SlamX.net, 4Winds, Itmembers.org, UACNA.org, Universal Awareness-Logo, website content, as well as any future content, Logo’s, web services.
§ Are registered trademarks of UACNA, and that websites provided to you collectively and henceforth be registered as UACNA proprietary trademarks, and all other product names not referenced but are within any UACNA website or is part of a service offered through or by any UACNA website, with property consent, are considered registered trademarks of their respective holders.
§ This list may be modified from time-to-time at the discretion of UACNA. You shall not register or attempt to register any UACNA marks or trademarks that would reasonably be deemed to be confusingly similar to any of the UACNA marks or trademarks.
FORCE MAJEURE
UACNA shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any;
§ Acts of god; acts of civil or military authorities; civil disturbances; wars; strikes;
§ Or other labor disputes; fires; transportation contingencies; interruptions in telecommunications utilities;
§ Internet services or network provider services; acts or omissions by a third party;
§ Infiltration or disruption of the services by a third party; or other catastrophes or occurrences that are beyond reasonable control of UACNA.
GENERAL
In the event that any provision of the TOS shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the TOS.
