Terms & Conditions:
Updated November 2010
This Web site is provided by Uniek and its affiliates (collectively, "Uniek" and "we"). Your use of this Web site is subject to these Terms and Conditions of Web site Use (the "User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Web site and your permitted use of it. From time to time we may unilaterally modify this User Agreement. We will post notice of such changes on this Web site and it is important that you review any changes to this User Agreement.
PLEASE NOTE: YOUR CONTINUED USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEB SITE.
Web site Access (Right to Use)
Uniek hereby grants you permission to use the Web site as set forth in these Terms of Use, provided that:
You agree not to collect or use any personally identifiable information ("Personal Information") including, without limitation, account names, email addresses, or other User Submissions (as defined below), from the Web site, nor use the communication systems provided by the Web site for any commercial solicitation purposes, including, without limitation, to solicit, for commercial purposes, any users of the Web site.
Intellectual Property Notice
The Uniek Web site is © 2010, Uniek, Inc. — All Rights Reserved and no portion of the Web site may be copied, reproduced, transmitted, derived or otherwise used for any purpose without the prior written permission of Uniek.
The content on the Web site, including, without limitation, the text, graphics, and photos created by and for Uniek, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Uniek, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Web site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Uniek or as expressly provided herein. Uniek reserves all rights not expressly granted in and to the Web site and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Web site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Web site or the Content therein.
Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Code of Conduct
The following rules of conduct apply to your use of the Web site and to any and all materials posted by third parties on Uniekinc.com, including text, data, photographs, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively "User Submissions") whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of Uniekinc.com.
You may not, in connection with the Web site:
Submissions
This Web site may provide you with the opportunity to submit user-generated or third-party User Submissions. By submitting items to this Web site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the User Submissions that you submit. If your User Submission contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child's parent or guardian to provide the photo, digital, or video image. If you make a User Submission to this Site, you automatically grant Uniek a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for Uniek to use that User Submission for any lawful purpose whatsoever, including, without limitation, the right to sub-license that User Submission to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any User Submission.
Uniek does not assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Uniekinc.com users, and any User Submissions are not endorsed by Uniek, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Web site. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Web site are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
You shall be solely responsible for your own User Submission and the consequences of posting or publishing them.
Uniek expressly disclaims any and all liability in connection with User Submissions. Uniek reserves the right to remove Content and User Submissions in its sole discretion and without prior notice, but is not obligated to do so. Uniek also reserves the right to terminate a user's access to the Web site at any time in its sole discretion and without prior notice. Uniek reserves the right, in its sole discretion, to adopt additional rules in any community or Submission area and to condition access to any such features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Uniek also reserves the right (but does not assume any obligation), in its sole discretion, to delete any User Submissions on this Web site that violate this User Agreement and to deny access by any user to this Web site.
Communication to Uniek
When you send email to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Links by You to this Web site
You are granted a limited, nonexclusive, revocable right to create hyperlinks to this Web site, so long as: (a) the links are only to the home page of this Web site, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with Uniek or cause confusion among consumers, (d) the links and related content on your site do not portray Uniek or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.
Links on this Web site to and from Other Sites
This Web site may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of Uniek. Uniek has no control over the content of Linked Sites, and Uniek does not assume any obligation to review any Linked Sites. Uniek does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and Uniek disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site, and Uniek disclaims all liability in connection therewith.
Banners, Advertisements, and Promotions
Uniek may, in its sole discretion, make changes to any aspect of this Web site, including, without limitation, any Content, any activities available on this Web site, and any products or services offered through this Web site. Uniek undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Uniek reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
Uniek may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Web site following the effective date of any such changes constitutes your acceptance of those changes.
Revisions to this Web site and this User Agreement
Uniek may, in its sole discretion, make changes to any aspect of this Web site, including, without limitation, any Content, any activities available on this Web site, and any products or services offered through this Web site. Uniek undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Uniek reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
Uniek may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Web site following the effective date of any such changes constitutes your acceptance of those changes.
Investigations
Uniek reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Web site security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Web site or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
Disclaimers and Limitations of Liability
This Web site may include technical inaccuracies or other errors, and your use and browsing of this Web site is at your risk. THIS WEB SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNIEK DOES NOT WARRANT THAT THIS WEB SITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEB SITE OR THE MATERIAL CONTAINED ON THIS WEB SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN UNIEK WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, UNIEK WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEB SITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEB SITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Indemnity
You agree to indemnify, defend, and hold harmless Uniek and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this Web site.
Procedure for Alleging Copyright Infringement
Uniek respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Uniek and the Web site, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a design or design idea. Uniek reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others and/or to terminate the accounts of users whom we believe to be infringers.
Uniek will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Web site, then send us a written notice that includes all of the following:
By Mail:
Uniek c/o DMCA Notices
805 Uniek Dr.
Waunakee, WI 53597
Attention:
President, Legal and Business Affairs
By Phone:
(1-608-849-9999)
Uniek may elect not to respond to DMCA notices that do not comply with all of the foregoing requirements, and Uniek may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone Uniek at (1-608-849-9999).
Jurisdiction, Venue and Alternative Dispute Resolution
Any controversy or claim relating to this Web site, the Content, or this User Agreement not otherwise resolved between you and Uniek will be settled in Dane County, Wisconsin, by binding arbitration according to the rules set forth by the American Arbitration Association.
Severability
If any provision of this User Agreement is deemed unlawful, void or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.
Termination
Uniek may, under certain circumstances and without prior notice, immediately terminate your Uniek account and access to the Web site and any other Uniek services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Web site (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Web site or any other Uniek product. Termination of your Uniek account includes: (a) removal of access to all pages within the Web site; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Web site. Further, you agree that all terminations for cause shall be made at Uniek's sole discretion and that Uniek shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Web site.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated and sublicensed by you, but may be assigned, transferred, delegated and sublicensed by Uniek without restriction.
Privacy Statement
Uniek is committed to protecting the privacy of the visitors to this Web site. For information on how information is collected, used or disclosed by Uniek in connection with your use of this Site, please consult our Privacy Policy.
This Web site is provided by Uniek and its affiliates (collectively, "Uniek" and "we"). Your use of this Web site is subject to these Terms and Conditions of Web site Use (the "User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Web site and your permitted use of it. From time to time we may unilaterally modify this User Agreement. We will post notice of such changes on this Web site and it is important that you review any changes to this User Agreement.
PLEASE NOTE: YOUR CONTINUED USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEB SITE.
Web site Access (Right to Use)
Uniek hereby grants you permission to use the Web site as set forth in these Terms of Use, provided that:
- your use of the Web site as permitted is solely for your personal, noncommercial use
- you will not copy or distribute any part of the Web site in any medium without Uniek's prior written authorization
- you will not alter or modify any part of the Web site other than as may be reasonably necessary to use the Web site for its intended purpose
- you will otherwise comply with the terms and conditions of these Terms of Use.
You agree not to collect or use any personally identifiable information ("Personal Information") including, without limitation, account names, email addresses, or other User Submissions (as defined below), from the Web site, nor use the communication systems provided by the Web site for any commercial solicitation purposes, including, without limitation, to solicit, for commercial purposes, any users of the Web site.
Intellectual Property Notice
The Uniek Web site is © 2010, Uniek, Inc. — All Rights Reserved and no portion of the Web site may be copied, reproduced, transmitted, derived or otherwise used for any purpose without the prior written permission of Uniek.
The content on the Web site, including, without limitation, the text, graphics, and photos created by and for Uniek, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Uniek, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Web site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Uniek or as expressly provided herein. Uniek reserves all rights not expressly granted in and to the Web site and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Web site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Web site or the Content therein.
Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Code of Conduct
The following rules of conduct apply to your use of the Web site and to any and all materials posted by third parties on Uniekinc.com, including text, data, photographs, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively "User Submissions") whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of Uniekinc.com.
You may not, in connection with the Web site:
- Upload, post, email or otherwise transmit any User Submission that:
- Is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized
- Infringes or violates any patent, copyright, trademark, trade secret or other property right
- Breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- A reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way
- Constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech
- Violates or encourages others to violate any applicable law, statute, ordinance or regulation
- Promotes software or services that deliver unsolicited email; or contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines
- Provides any telephone numbers, street addresses, last names, URLs or email addresses
- Harm minors in any way
- Solicit personal information from anyone under 18
- Delete, add or otherwise change other people's entries or other Content when you have not been granted the privileges to do so
- Collect or track the personal information of others
- Provide false or deceptive information
- Impersonate any person or entity
- Use this Web site for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products)
- Violate any international, federal, or state regulations, rules, laws, or local ordinances
- Upload or transmit viruses or any other type of malicious code or activity that will or may be used in any way that will affect the functionality or operation of this Web site, other Web sites, or the Internet
- Monitor, gather, or copy Content on this Web site by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
- Spam, phish, pharm, pretext, spider, crawl, or scrape
- Frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout)
- Use any meta tags or any other "hidden text" utilizing any Trademarks
Submissions
This Web site may provide you with the opportunity to submit user-generated or third-party User Submissions. By submitting items to this Web site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the User Submissions that you submit. If your User Submission contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child's parent or guardian to provide the photo, digital, or video image. If you make a User Submission to this Site, you automatically grant Uniek a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for Uniek to use that User Submission for any lawful purpose whatsoever, including, without limitation, the right to sub-license that User Submission to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any User Submission.
Uniek does not assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Uniekinc.com users, and any User Submissions are not endorsed by Uniek, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Web site. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Web site are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
You shall be solely responsible for your own User Submission and the consequences of posting or publishing them.
Uniek expressly disclaims any and all liability in connection with User Submissions. Uniek reserves the right to remove Content and User Submissions in its sole discretion and without prior notice, but is not obligated to do so. Uniek also reserves the right to terminate a user's access to the Web site at any time in its sole discretion and without prior notice. Uniek reserves the right, in its sole discretion, to adopt additional rules in any community or Submission area and to condition access to any such features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Uniek also reserves the right (but does not assume any obligation), in its sole discretion, to delete any User Submissions on this Web site that violate this User Agreement and to deny access by any user to this Web site.
Communication to Uniek
When you send email to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Links by You to this Web site
You are granted a limited, nonexclusive, revocable right to create hyperlinks to this Web site, so long as: (a) the links are only to the home page of this Web site, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with Uniek or cause confusion among consumers, (d) the links and related content on your site do not portray Uniek or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.
Links on this Web site to and from Other Sites
This Web site may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of Uniek. Uniek has no control over the content of Linked Sites, and Uniek does not assume any obligation to review any Linked Sites. Uniek does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and Uniek disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site, and Uniek disclaims all liability in connection therewith.
Banners, Advertisements, and Promotions
Uniek may, in its sole discretion, make changes to any aspect of this Web site, including, without limitation, any Content, any activities available on this Web site, and any products or services offered through this Web site. Uniek undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Uniek reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
Uniek may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Web site following the effective date of any such changes constitutes your acceptance of those changes.
Revisions to this Web site and this User Agreement
Uniek may, in its sole discretion, make changes to any aspect of this Web site, including, without limitation, any Content, any activities available on this Web site, and any products or services offered through this Web site. Uniek undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Uniek reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
Uniek may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Web site following the effective date of any such changes constitutes your acceptance of those changes.
Investigations
Uniek reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Web site security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Web site or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
Disclaimers and Limitations of Liability
This Web site may include technical inaccuracies or other errors, and your use and browsing of this Web site is at your risk. THIS WEB SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNIEK DOES NOT WARRANT THAT THIS WEB SITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEB SITE OR THE MATERIAL CONTAINED ON THIS WEB SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN UNIEK WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, UNIEK WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEB SITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEB SITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Indemnity
You agree to indemnify, defend, and hold harmless Uniek and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this Web site.
Procedure for Alleging Copyright Infringement
Uniek respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Uniek and the Web site, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a design or design idea. Uniek reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others and/or to terminate the accounts of users whom we believe to be infringers.
Uniek will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Web site, then send us a written notice that includes all of the following:
- a legend or subject line that says: "DMCA Copyright Infringement Notice"
- a description of the copyrighted work that you claim has been infringed
- the URL of the Web site and a description of where the material that you claim is infringing is located on the Web site
- your address, telephone number, and e-mail address
- a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed)
- your electronic or physical signature
By Mail:
Uniek c/o DMCA Notices
805 Uniek Dr.
Waunakee, WI 53597
Attention:
President, Legal and Business Affairs
By Phone:
(1-608-849-9999)
Uniek may elect not to respond to DMCA notices that do not comply with all of the foregoing requirements, and Uniek may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone Uniek at (1-608-849-9999).
Jurisdiction, Venue and Alternative Dispute Resolution
Any controversy or claim relating to this Web site, the Content, or this User Agreement not otherwise resolved between you and Uniek will be settled in Dane County, Wisconsin, by binding arbitration according to the rules set forth by the American Arbitration Association.
Severability
If any provision of this User Agreement is deemed unlawful, void or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.
Termination
Uniek may, under certain circumstances and without prior notice, immediately terminate your Uniek account and access to the Web site and any other Uniek services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Web site (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Web site or any other Uniek product. Termination of your Uniek account includes: (a) removal of access to all pages within the Web site; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Web site. Further, you agree that all terminations for cause shall be made at Uniek's sole discretion and that Uniek shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Web site.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated and sublicensed by you, but may be assigned, transferred, delegated and sublicensed by Uniek without restriction.
Privacy Statement
Uniek is committed to protecting the privacy of the visitors to this Web site. For information on how information is collected, used or disclosed by Uniek in connection with your use of this Site, please consult our Privacy Policy.