Terms of Use

Ubiquity Global Services, Inc. (“we” or “us”) owns and operates this website (our “Site”).  Ubiquity offers our Site, including all information, products and services available from our Site, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of our Site constitutes your agreement to all such terms, conditions, policies and notices.

1. Acceptance of Terms of Use

You agree to the terms and conditions outlined in these Terms of Use with respect to our Site.  These Terms of Use constitute the entire and only agreement between you and us, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Site, the content, products or services provided by or through our Site, and the subject matter of these Terms of Use.  These Terms of Use may be amended at any time by us without specific notice to you.  The latest Terms of Use will be posted on our Site, and you should review these prior to using our Site.

2. Copyright

The content, organization, graphics, design, compilation, digital conversion and other matters related to our Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.  The copying, redistribution, use or publication by you of any such matters or any part of our Site, except as allowed by Section 4 below, is strictly prohibited.  You do not acquire ownership rights to any content, document or other materials viewed through our Site.  The posting of information or materials on our Site does not constitute a waiver of any right in such information and materials.

3. Service Marks

Products and names mentioned on our Site may be trademarks of their respective owners.

4. Limited Right to Use

The accessing, viewing, browsing, printing, or downloading of any content, graphic, form or document from our Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.  Any other use is prohibited without our prior, express permission.  No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use except with our prior, express permission. You agree that all of your use of our Site will comply with applicable laws.

5. Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on our Site.

6. Indemnification

You agree to indemnify, defend and hold harmless Ubiquity and its affiliates and subsidiaries, and their respective officers, directors, employees, contractors, agents, licensors and suppliers, from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms of Use or any activity related to your account or password (including but not limited to negligent or wrongful conduct), by you or any other person accessing our Site using your account or password.  If you cause a technical disruption of our Site or the systems transmitting our Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

7. Nontransferable

Your right to use our Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

8. Disclaimer and Limits

THE INFORMATION FROM OR THROUGH OUR SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW.  THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT AS OTHERWISE REQUIRED BY LAW.  THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.  OUR SITE AND THE PRODUCTS, SERVICES, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE.  WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION ON OUR SITE.

9. Use of Information

We will not be required to treat any remarks, suggestions, ideas, graphics, material or other information communicated by you to us through our Site (collectively, the “Submission”) as confidential, and we will not be liable for any ideas (including without limitation, product, service or advertising ideas), and we will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, you hereby grant us with a perpetual, exclusive, unrestricted, non-revocable, royalty-free license to use, print, publish, sell, copy, distribute, make derivative works of, and license others to use each Submission in any form or medium, now or hereafter existing, or in any language during the full term of the copyright therein and throughout the world.  We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission.  You acknowledge that you are responsible for whatever Submission you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, and originality.

10. Third-Party Services

We may allow access to or advertise third-party product or service providers (“Merchants”) from which you may purchase certain goods or services.  You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service.  We are not a party to the transactions entered into between you and Merchants.  You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.  UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION, SERVICE OR PRODUCT APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

11. Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites.  We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

12. Privacy Policy

Ubiquity may or may not use information that it receives or collects through our Site in any manner. Our Privacy Policy (available at www.ubiquitygs.com), as it may change from time to time, is a part of these Terms of Use.

13. Payments

You represent and warrant that if you are purchasing something from us or from Merchants on third-party sites that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

14. Links to Other Websites

Our Site may contain links to other websites.  WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED IN OR THE PRODUCTS OR SERVICE PROVIDED ON SUCH WEBSITES, AND SUCHWEB SITES ARE NOT INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY US.  Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us.  If you decide to leave our Site and access these third-party sites, you do so at your own risk.

15. Information and Press Releases

OUR SITE CONTAINS INFORMATION AND PRESS RELEASES ABOUT US. WHILE THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION OR ANY PRESS RELEASES.  Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

16. Miscellaneous

The headings in these Terms of Use are for convenience of reference only and shall not limit or otherwise affect the meaning hereof.  Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  To the extent that anything in or associated with our Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.  Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Only Ubiquity may modify these Terms of Use, and it may make modifications at any time.  Modifications will be in effect upon posting to our Site.  These Terms of Use shall for all purposes be governed and construed in accordance with the internal law of the State of New York and the United States of America.

Ubiquity Privacy Shield Contact:
Amy M. Pugh
Associate General Counsel
Ubiquity Services, Inc.
31 West 34th Street
8th Floor, Suite 8034
New York, NY 10001
646 257 2806
amy.pugh@ubiquity.com

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