U3 Terms of Use

U3 TERMS & CONDITIONS OF USE

PLEASE READ THESE U3 TERMS & CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE (“WEBSITE”). U3 LLC AND ITS AFFILIATES (COLLECTIVELY, “U3”) PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY, “YOU”), SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS, DO NOT USE THIS WEBSITE IN ANY MANNER.

On this Website, U3 may make available to You a wide range of: (a) information, software, products, downloads, documents, communications, files, text, photographs, graphics, music, video, messages, tools, and publications (collectively, “Content”); and (b) e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal Web pages, calendars, photo albums and/or other message or communication facilities designed to enable You to communicate with others (collectively, “Services”). By accessing this Website in any way (including, without limitation, browsing the Website), using any Content, using any Services, downloading any materials, and/or placing an order for products or services, You agree to and are bound by the terms of use described in these Terms. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer’s behalf, and that Your employer agrees to indemnify You and U3 for violations of these Terms.

These Terms constitute the entire agreement between You and U3 and govern Your use of the Website, and supercede any and all prior agreements, written or oral, between You and U3 regarding the subject matter of this Website (including, without limitation, any prior versions of these Terms). Portions of the Services may be governed by posted guidelines, rules or other terms and conditions. All such guidelines, rules and terms and conditions are hereby incorporated by reference into these Terms. In the event of a conflict between these Terms and such other guidelines, rules and terms and conditions, these Terms shall control. Notwithstanding the foregoing, the Privacy Policy, discussed in the Privacy and Personal Information section below, supercedes any conflicting terms in these Terms and/or any other guidelines, rules and terms and conditions with respect to the subject matter covered by the Privacy Policy.

You may also be subject to additional terms and conditions that may apply when You use other U3 services, third-party content or third-party software.

1. YOUR CONDUCT AND USE OF THE WEBSITE

As a condition of Your use of the Content or Services, You agree that You will not use the Content or Services for any purpose that is unlawful or contrary to these Terms. You may not use the Content or Services in any manner that could damage, disable, overburden, or impair the Content or Services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Content or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Content or Services.

You are solely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) includes unauthorized disclosure of personal information; (b) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to U3 or other users of the Website; (c) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (d) violates or infringes anyone's intellectual property rights.

You agree that You will not use the Website to: (a) pretend to be U3 or someone else, or spoof U3's or someone else's identity; (b) transmit spam, bulk or unsolicited communications; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) collect or store personal data about other users unless specifically authorized by such users; (e) misrepresent Your affiliation with a person or entity; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website.

U3 has no obligation to monitor the Services. However, U3 reserves the right to review materials posted to the Services and to remove and/or edit any materials in its sole discretion. U3 reserves the right to terminate Your access to any or all of the Services at any time, without notice, for any reason whatsoever. You agree to use the Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Service.

Unless otherwise expressly provided in these Terms, the Content and Services on this Website are for Your personal, informational, and non-commercial use, and You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any such Content or Services without written permission from U3.

If any of the Services on the Website requires You to open an account, You must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and You will maintain and promptly update such information to keep it true, current, complete and accurate. You may also choose a password and a user name. You are responsible for maintaining the confidentiality of any password(s) You are given to access any part of the Website, and You are fully responsible for all activities that occur under Your password(s). You agree to notify U3 immediately of any unauthorized use of Your password(s). Furthermore, You are entirely responsible for any and all activities that occur under Your account, and agree to notify U3 immediately of any unauthorized use of Your account or any other breach of security. U3 will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by U3 or another party due to someone else using Your account or password. You may not use anyone else's account at any time, without the permission of the account holder. If You provide any information that is false, inaccurate, out of date, or incomplete, or U3 has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, U3 may suspend or terminate Your account and refuse any and all current or future use of the Services or any portion thereof.

You have sole responsibility for adequate protection and backup of data and/or equipment You use in connection with the Website.

U3 reserves the right at all times to disclose any information as U3 deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in U3's sole discretion.

Always use caution when giving out any personally identifiable information about Yourself or Your children in any Services. U3 does not control or endorse the content, messages or information found in any Services and, therefore, U3 specifically disclaims any liability with regard to the Services and any actions resulting from Your participation in any Services. Managers and hosts are not authorized U3 spokespersons, and their views do not necessarily reflect those of U3.

2. SOFTWARE AVAILABLE FOR DOWNLOAD

Any software made available to download from this Website ("Software") is the copyrighted work of U3 or its licensors. Use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software ("EULA"). You will not be able to download or install any Software that is accompanied by or includes a EULA, unless You first agree to the EULA terms. The Software is made available for download solely for use by end users according to the EULA. Any use, reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law. Absent a EULA that accompanies the Software, use of the Software will be governed by the Terms.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH SOFTWARE.

EXCEPT AS SET FORTH IN THE EULA THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTIES, AND U3 HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

U3 MAY MAKE AVAILABLE AS PART OF ITS SERVICES, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. U3 DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS AND UTILITIES. YOU MUST RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF U3 OR OTHER PARTIES WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE WEBSITE OR IN U3 SOFTWARE PRODUCTS.

3. DOCUMENTS AVAILABLE ON THE WEBSITE

U3 grants You permission to use documents (such as FAQs, white papers, datasheets, and press releases) available on the Website (collectively, “Documents”), provided that: (a) You will not modify the Documents; (b) Your use of the Documents is for informational, personal, and non-commercial purposes only and Documents will not be posted on any network computer or broadcast in any media; (c) You will display the below copyright notice and other proprietary notices on every copy You make; and (d) You agree that U3 may revoke this permission at any time and You shall immediately stop Your activities related to this permission upon notice from U3. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The permission above to use documents and publications does not include permission to copy the design elements, the look and feel, or the layout of this Website. Those elements of the Website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by U3 in writing.

4. CONFIDENTIALITY

Through the Website, You may obtain access to certain confidential information of U3 and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with U3 and its suppliers.

Your obligations regarding Confidential Information expire ten (10) years after the date of disclosure. Upon termination of the Terms or U3's written request, You must cease use of Confidential Information and return or destroy it.

The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from U3, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it as can be evidenced by written records; or (e) is disclosed in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to U3 adequate to afford U3 the opportunity to object or limit the disclosure.

5. CONTENT YOU SUBMIT

U3 does not claim ownership of the Content You place on the Website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in U3's Privacy Policy, any Content You provide in connection with this Website shall be deemed to be provided on a nonconfidential basis. U3 shall be free to use or disseminate any such Content on an unrestricted basis for any purpose, and You hereby grant U3 and all other users of the Website an irrevocable, perpetual, worldwide, transferable, sublicensable (through multiple tiers of sublicensees), royalty-free, fully paid up, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, publish and otherwise exploit such Content (including in digital form). You represent and warrant that You have proper authorization for the worldwide transfer and processing among U3, its affiliates, and third-party providers of any Content that You may provide on the Website.

No compensation will be paid with respect to the use of Your Content. U3 is under no obligation to post or use any Content You may provide and U3 may remove any Content at any time in its sole discretion.

By placing any Content on the Website that contains images, photographs, graphics or pictures ("Images"), You represent and warrant that: (a) You are the copyright owner of such Images, or that the copyright owner of such Images has granted You permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of Your use and as otherwise permitted by these Terms and the Website; (b) You have the rights necessary to grant the licenses and sublicenses described in these Terms; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

You understand that by using the Website, You may be exposed to Content from others that is offensive, indecent or objectionable.

This section is not applicable to any personally identifiable information that You provide in connection with Your registration for the Services. For terms and conditions governing the use of such information and for more information on how the Services work, please refer to the Privacy Policy.

NEITHER U3 NOR ANY OF ITS EMPLOYEES ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMONSTRATIONS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN U3'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO U3. PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO U3 OR ANYONE AT U3. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT U3 MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

You agree that U3 would be irreparably harmed by the use, by You or others, of the Website or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms, and that U3 is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). U3 reserves the right to block, filter or delete unsolicited e-mail.

You agree to indemnify, defend and hold U3, and its subsidiaries, affiliates, officers, managers, members, agents, co-branders, partners, licensors, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party relating to or arising out of Your Content, Your use of the Website, including any use by Your employees, Your connection to the Website, Your violation of the Terms, or Your violation of any rights of another.

6. NOTICES; MODIFICATION OF TERMS AND/OR SERVICES

U3 may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. U3 reserves the right at any time to modify, suspend or terminate the Services or Content (or any part thereof), and/or Your use of or access to them, with or without notice. U3 will not be liable to You or any third-party for any modification, suspension, or termination of the Services or Content, or loss of related information. U3 may amend these Terms at any time by posting the amended terms on this Website.

U3 may wish to update or change the terms, conditions, and notices for the Services from time to time to reflect changes in the Services, changes in the laws affecting the Services, or for other reasons. You understand that U3 reserves the right to make these changes and that You are responsible for regularly reviewing these terms, conditions, and notices. Continued access to or use of the Services after any such change shall constitute Your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Services shall be subject to the Terms, as modified from time to time.

7. CONTENT PROVIDED VIA THIRD PARTY LINKS

You may find links to other Internet sites or resources on the Website. You acknowledge and agree that U3 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. U3 will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

U3 is not responsible for webcasting or any other form of transmission received from other Internet sites or resources linked on the Website (“Linked Site”), nor is U3 responsible if any Linked Site is not working appropriately. U3 is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by U3 of any such Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

U3 may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than U3 found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. U3 is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non- U3 advertisers on the Website.

8. INTELLECTUAL PROPERTY RIGHTS

All materials contained in the Website are the copyrighted property of U3, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to U3, or affiliated companies and/or third-part licensors.

Except as expressly authorized in writing by U3 or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software U3 discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.

U3 may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Services, including the Web pages that are part of the Services. Except as expressly provided in these Terms, the provision of the Services and the furnishing of such Web pages to You does not give You any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

"U3 Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations U3 uses in connection with its products and services. You agree to comply with the U3 Trademark and Logo Usage Requirements. You may not remove or alter any U3 Trademarks, or co-brand Your own products or material with U3 Trademarks, without U3's prior written consent. You acknowledge U3's rights in U3 Trademarks and agree that any use of U3 Trademarks by You shall inure to U3's sole benefit. You agree not to incorporate any U3 Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies. If You would like to use a U3 Trademark, please click here.

Any Software which is downloaded from the Website for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

9. DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE SERVICES AND CONTENT, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. U3 DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. U3 MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.

U3 MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF ANY VIRUSES, TROJAN HORSES OR WORMS ; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS. U3 ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS.

U3 MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE, WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.

10. TERMINATION AND RESTRICTION OF YOUR ACCESS

U3 reserves the right, in its sole discretion, to terminate Your access to the Services or any portion thereof at any time, without notice.

U3 may also terminate or suspend Your access to the Services for inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by U3 in its sole discretion. Upon termination of Your account, Your right to use the Services immediately ceases.

11. LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMITTED BY LAW, U3 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF U3 HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

12. PRIVACY AND PERSONAL INFORMATION

You consent to the collection, processing and storage by U3 of Your personal information in accordance with the terms of U3's Privacy Policy, which is available at www.U3.com/privacy.aspx. You agree to comply with all applicable laws and regulations, and the terms of U3's Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with this Website.

13. NOTICE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

U3 will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this Website:

Service provider(s):

U3 LLC

Name of agent designated to receive notification of claimed infringement:

U3 LLC
Attention: General Counsel

Full address of designated agent to which notification should be sent:

303 Twin Dolphin Drive
Redwood City, CA 94065

E-mail address of designated agent: info@u3.com

To be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
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 the law.
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.

14. GENERAL TERMS

No modification to the Terms will be binding, unless in writing and signed by an authorized U3 representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You may also be subject to additional terms and conditions that may apply when You use U3 or third-party products or services.

You agree that any material breach of Sections 1, 2, 4, 5 and 8 of the Terms will result in irreparable harm to U3 for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, U3 will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if U3 seeks such an injunction.

California law and controlling U.S. federal law govern any action related to the Terms and/or Your use of the Website. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and U3 agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, U.S.A.

Services, Content, and product derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S. or Your local laws; (b) not use Services, Content, or direct product from this Website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from this Website to prohibited countries and entities identified in the U.S. export regulations.

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

U3's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of U3's right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Services or information provided to or gathered by U3 with respect to such use. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

U3 controls and operates this Website from its headquarters in the United States of America and makes no representation that this Website is appropriate or available for use in other locations. If You use this Website from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

15. INTELLECTUAL PROPERTY NOTICES

Any rights not expressly granted herein are reserved.

"U3" is a registered trademark of U3 LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people, and events depicted on this Website are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Effective Date: December 22, 2004
Previous Modification: December 22, 2004