PRIVACY AND COOKIES

The information provided here is for UVATION clients, subscribers and suppliers
who have questions about our terms, policies, intellectual property, and compliance.

PRIVACY POLICY

Effective as of January 1, 2017, Uvation, Inc., (“Uvation”) and its subsidiaries, (collectively, the “Uvation” or “we” or “us” or “our”) have updated our Privacy Policy (“Policy”).

Uvation provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of our Services related to our Website located at www.uvation.com. This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Website. Your use of the Services following any such notice will signify and constitute your assent to and acceptance of such revised Privacy Policy. Unless otherwise defined in this Privacy Policy, capitalized terms used below have the same meanings as in our Terms of Service.

As used in this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, combining, disclosing and transferring information within the United States or internationally.

  1. Information Collection and Use

Our primary goals in collecting information are to provide and improve our Services and to enable Website users to enjoy and easily navigate the Website.

When you wish to contact us or use the Website, we will ask you for address information. The address information you submit may or may not be information about you that can be used to contact or identify you (“Personal Information“). We may also collect other information that you provide or give us access to or otherwise post on the Website or submit to us (“Non-Identifying Information“). We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Services and administer your inquiries.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying information. We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Visitors to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Website and other aspects of the Services are used. We may also use the combined information without aggregating it to serve you specifically.

Log Data

When you visit the Website or otherwise access the Services via a mobile device, our servers automatically record information that your browser or device sends whenever you visit a website (“Log Data“). This Log Data may include information such as your computer’s Internet Protocol address, browser type or the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Website, access times and dates, and other statistics. We use this information to monitor and analyze use of the Services and for the Website’s technical administration, to increase our Website’s functionality and user-friendliness, and to better tailor it to our users’ needs. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Cookies

Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We may use cookies to enable certain features of the Website, to better understand how you interact with the Website and to monitor aggregate usage by Website users and web traffic routing on the Website. Third party advertisers on the Website, if any, may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Website or all functionality of the Services.

Phishing

Identity theft and the practice known as “phishing” are of great concern to Unified Innovations Inc. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your social security number, or national identification numbers in an unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website at http://www.ftc.gov.

  1. Information Sharing and Disclosure

Please do not submit any Personal Information that you intend to keep strictly private. If you choose to include Personal Information about yourself in Content that you submit via the Website, such as in a digital “postcard”, you recognize and agree that such Content will be publicly available on the Website and that we may sell or share such Content to our business partners. Non-Identifying Information may be disclosed for marketing, advertising, or other uses.

Aggregate Information and Non-Identifying Information

We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information (including Log Data) with service providers or our customers for analysis, demographic profiling and other purposes. Any information shared in these contexts will not contain your Personal Information.

Third Party Service Providers

We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website’s features) or to assist us in analyzing how our Services are used. These third parties may have access to your Personal Information. If they do, this access is only so that they may perform these tasks on our behalf and they will be obligated not to disclose or use it for any other purpose.

Compliance with Laws and Law Enforcement

Uvation cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Uvation or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.

Data Transfer

Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Uvation transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Business Transfers

Uvation may sell, transfer or otherwise disclose some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

  1. General.

Changing or Deleting Your Information

If you would like us to delete your Personal Information, if any, in our database, please contact us at 2495 Main Street, Suite 404, Buffalo, New York, NY 14214 and we will attempt to accommodate your request provided we do not have a legal obligation to retain such Personal Information. Please note we may retain server/backup copies of all Personal Information and Non-Identifying Information.

Security

Uvation is very concerned with safeguarding your Personal Information. We employ administrative, physical and electronic measures designed to protect your Personal Information from unauthorized access.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via conspicuous posting on our Website in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Links to Other Sites

Our Website contains links to other websites. The fact that we link to a website or display an ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with any of those third parties, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

 

 

Privacy Agent Information

If you have any questions about this Privacy Policy, please contact us at privacy@uvation.com or write to us. Both privacy notifications and counter notifications should be submitted to our Privacy Agent using the following information:

Uvation, Inc.
Attention: Privacy Agent
Subject Line: Privacy Policy
Notification Email: privacy@uvation.com
Address: 100 Crescent Court, Suite 700 Dallas Texas 75201
Telephone: +1 855 721 1155

AGREEMENTS AND TERMS

The information provided here is for UVATION clients, subscribers and suppliers
who have questions about our terms, policies, intellectual property, and compliance.

WEBSITE TERMS OF USE

Effective as of January 1, 2017, Uvation, Inc., (“Uvation”) and its subsidiaries, (collectively, the “Uvation” or “we” or “us” or “our”) have updated our website terms of us (“Agreement”).

IMPORTANT NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY. This Terms of Service (“Agreement”) is a legal agreement between you (referred to herein as “you” or “your”) and Unified Innovations Inc (“Uvation”, “we”, “our”, or “us”) for access to and use of our website available at www.uvation.com (the “Website”) and related software and services (referred to collectively as the “Services” and excluding any services provided to you by Unified Innovations Inc under a separate written agreement).
YOU MUST ACCEPT THIS TERMS OF SERVICE AGREEMENT BEFORE ACCESSING OR OTHERWISE USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT ACCESS OR USE THE SERVICES.
YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BE BOUND BY ITS TERMS.

1. Copyrights
All website material including text, graphics, other media and files are the copyrighted property of Uvation. You may save/copy/print all such material for purpose of information and non-commercial, personal use only. Any other use of the Uvation material –including commercial use, reproduction, modification, distribution, transmission, license, publication, and republication, creation without the preceding written consent, permission and knowledge of Uvation is strictly prohibited.

2. Use of Services by You.
A. You acknowledge and agree that Unified Innovations Inc makes no representation or warranty regarding Content on the Services.
B. You represent and warrant to us that you will use the Services solely for your own, non-commercial, personal use for your own account.
C. Uvation does its best to provide the right information, names, images, pictures, logos, icons, documents, partner links and other materials on the website, it makes no illustration, endorsement, or warranty that such CONTENTS are perfect or precise for any particular purpose. Uvation makes no representations, endorsements, or warranties either articulated or implied with, but not restricted to, any warranties of title or accurateness and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law with respect to any website operated by a third party.
D. You acknowledge and agree that, subject to the disclaimer of warranties and limitation of liability set forth in this Agreement, your use of the Services, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under the control of Unified Innovations Inc or in anyway connected to the Services, shall be at your sole risk and responsibility and Unified Innovations Inc shall have no obligation to back-up such data, files, information and/or other materials. Unified Innovations Inc expressly reserves the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Services that Unified Innovations Inc deems, in its sole discretion, to be in violation of this Agreement and/or any local, state, or federal law or regulation.
E. You shall not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
F. You shall not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
G. You are solely responsible for (and Unified Innovations Inc has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Unified Innovations Inc may suffer) of any such breach.
H. You acknowledge and agree that Unified Innovations Inc has no control over the conduct of Website users or the truth, accuracy, completeness or authenticity of the information that users post on our Services.

3. Restrictions on Use of Services. You agree that you will not:
(i) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state and federal laws and regulations and international treaties;
(ii) use the Services for the distribution, housing, processing, propagation, storage, or otherwise handling in any way abusive, defamatory, harassing, libelous, lewd, libelous, obscene, pornographic, threatening, or tortuous material, or any false or misleading material, or any other material (including links to such material) that Radical deems, in its sole discretion, to be objectionable whether or not such material is unlawful;
(iii) use the Services to export data in violation of applicable U.S. laws or regulations;
(iv) sell, rent, lease, loan, distribute, transfer, sublicense, or otherwise permit any third party to use or have access to the Services for any purpose (except as expressly permitted by Unified Innovations Inc in writing), whether by timesharing, service bureau, networking or any other means;
(v) remove any copyright, trademark, patent or other proprietary notices from the Services or any portion thereof;
(vi) distribute, publish, exhibit, or otherwise use the Services, or any portion thereof, in any manner and for any purpose not expressly permitted under this Agreement;
(vii) frame or utilize framing techniques to enclose the Services, or any portion thereof;
(viii) exploit the Services or collect any data incorporated in the Services in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;
(ix) post hyperlinks to commercial services or websites;
(x) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(xi) collect personal data about other users for commercial or unlawful purposes;
(xii) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(xiii) attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service; or
(xiv) post, e-mail or make available Content that that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement.

4. Provision of Services by Uvation.
Unified Innovations Inc is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Unified Innovations Inc provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Unified Innovations Inc may decline to provide you access to the Services or stop (permanently or temporarily) providing the Services (or any features or programs within the Services) to you or to users generally at Unified Innovations Inc’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Unified Innovations Inc when you stop using the Services. You acknowledge and agree that if Unified Innovations Inc disables access to certain features or functionalities of the Services, you may be prevented from accessing Content that another user may have intended for you.

5. Access to Services; Reservation of Rights.
A. Unified Innovations Inc hereby gives you a personal, worldwide, non-assignable and non-exclusive right to access and use the Services in the manner and for the purposes expressly permitted by the Agreement. You agree not to copy, decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Services. You may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services and any such attempt shall be null and void at the time of such attempt.
B. Unified Innovations Inc reserves all right, title and interest in and to the Services not expressly granted to you under this Agreement, including, without limitation, all patent rights, copyrights, trademarks, trade names, trade secrets, trade dress and other intellectual property and proprietary rights. There are no implied licenses under this Agreement.

6. Your Submissions Are Not Confidential.
You agree and understand that messages and other Content submitted by you are not private or secure and may be viewable by persons other than intended recipients. You agree not to submit to us via the Website any Content that you wish to keep private.

7. Content in the Services.
A. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to as the “Content”.
B. You acknowledge that Content presented to you as part of the Services is protected by intellectual property rights which are owned by third parties who provide that Content to Unified Innovations Inc (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Unified Innovations Inc or by the owners of that Content, in writing.
C. Unified Innovations Inc reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content.
D. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
E. You agree that you are solely responsible for (and that Unified Innovations Inc has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Unified Innovations Inc may suffer) by doing so.

8. Intellectual Property.
A. You acknowledge and agree that Unified Innovations Inc (or Unified Innovations Inc’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). The Services include, without limitation, all rights with respect to copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, mask works, know-how, design rights, trade dress, trade secrets, inventions, ideas, processes, formulas, source code and object code, data, and similar rights including the information in any application, registration, or renewal thereof that may be protected under the intellectual property laws, regulations, or rules of any country. Without limiting the foregoing, all data, graphics, icons, images, logos, text, and the compilation of all content therein, and all service marks, trademarks, trade names, and trade dress depicted on the Services are owned by Unified Innovations Inc (or Unified Innovations Inc’s licensors).
B. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
C. You agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9. Content License from you.
A. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. By submitting, posting or displaying the Content you give Unified Innovations Inc a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, sublicense (through multiple tiers), and otherwise exploit any Content which you submit or post on or through the Services in any manner or media whatsoever, now known or hereafter developed.
B. In connection with Content you submit to the Services, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Unified Innovations Inc to use such Content in the manner contemplated by the Services and these Terms of Service. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant Unified Innovations Inc all of the license rights granted herein.
C. You understand that Unified Innovations Inc, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Unified Innovations Inc to take these actions.
D. You confirm and warrant to Unified Innovations Inc that you have all the rights, power and authority necessary to grant the above license.

10. Copyright Agent.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Services; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Unified Innovations Inc actual knowledge of facts or circumstances from which infringing material or acts are evident. Unified Innovations Inc’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Unified Innovations Inc
Address: 2495 Main Street, Suite 404, Buffalo, New York 14214.
We suggest that you consult your legal advisor before filing a notice with Unified Innovations Inc’s copyright agent. You should note that there can be penalties for false claims under the DMCA.

11. Privacy Policy.
For information about our data protection practices in connection with the Services, please read our privacy policy at http://www.uvation.com/privacy.html. This policy explains how Unified Innovations Inc treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with Unified Innovations Inc’s privacy policy.

12. Changes to Agreement.
Unified Innovations Inc reserves the right to change, amend and/or modify this Agreement, in whole or in part, at any time with or without notice. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Services or as otherwise provided by Unified Innovations Inc. From time to time, Unified Innovations Inc may post on the Website or otherwise notify you of additional or different rules and policies relating to the Services. These rules and policies shall thereafter be part of this Agreement. If you use the Services after the posting or other notice of changes in this Agreement or changed rules or policies, you are agreeing to follow and be bound by them for such use.

13. NO WARRANTIES.
THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. WE HAVE NO CONTROL OVER AND MAKE NO REPRESENTATIONS AS TO THE TRUTH OR ACCURACY OF USER GENERATED CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, UNIFIED INNOVATIONS INC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, UNIFIED INNOVATIONS INC DOES NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY UNIFIED INNOVATIONS INC IN CONNECTION WITH YOUR USE OF THE SERVICES, NOR THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DATA, FILES, AND/OR OTHER INFORMATION STORED ON A SERVER OWNED OR UNDER THE CONTROL OF UNIFIED INNOVATIONS INC OR IN ANY WAY CONNECTED WITH THE SERVICES, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DISCLAIMERS OR LIMITATIONS OF WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR REPUBLICATION OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNIFIED INNOVATIONS INC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

14. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UNIFIED INNOVATIONS INC, ITS AFFILIATES, DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICES PROVIDED HEREUNDER, EVEN IF UNIFIED INNOVATIONS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER OR NOT THE DAMAGES ARISE DIRECTLY OR INDIRECTLY FROM: (i) THE USE OR MISUSE OF, OR RELIANCE UPON, THE SERVICES PROVIDED HEREUNDER; (ii) THE INABILITY TO USE THE SERVICES FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, OR DESTRUCTION; (iii) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES; OR (iv) THE DELETION AND/OR CORRUPTION OF ANY DATA, INFORMATION, DOCUMENTS, FILES AND/OR ANY OTHER MATERIALS STORED ON A SERVER OWNED OR UNDER THE CONTROL OF RADICAL OR IN ANY WAY CONNECTED TO THE SERVICES. SUCH LIMITATION ON LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

15. Indemnification.
You agree to release, indemnify and hold harmless Unified Innovations Inc, its affiliates, directors, members, officers, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including attorneys’ fees, with respect to your use or misuse of, or reliance upon, the Services or your violation of this Agreement or rights of another or with respect to any Content you submit or make available through the Services. This section shall survive the termination of this Agreement.

16. Release.
You acknowledge that Unified Innovations Inc may license your Content to licensees, including without limitation, the band Arcade Fire, for use in connection with musical and/or commercial activities of a public nature, and you consent to any such use without any compensation to you. You hereby release Unified Innovations Inc (and our officers, directors, members, managers, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our use of Content submitted by you to us, or our licensees’ use of such Content.
If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

17. Term and Termination.
This Agreement is effective until terminated by Unified Innovations Inc or you. Unified Innovations Inc shall have the right to terminate this Agreement including, without limitation, your right to access and use the Services, at any time in Unified Innovations Inc’s sole discretion and without advance notice to you. The licenses granted herein by Unified Innovations Inc to you shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. Upon termination of this Agreement for any reason, you shall immediately cease using the Services.

18. Governing Law and Venue.
This Agreement shall be governed by the laws of the State of New York without giving effect to conflict or choice of law principles, and any litigation between the parties arising under this Agreement shall be conducted exclusively in state or federal courts located in the State and City of New York. The parties agree that “United Nations Convention on Contracts for the International Sale of Goods” shall not apply to this Agreement.

19. Severability.
If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.

20. No Assignment, Sublicense or Transfer.
You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without prior written consent of Unified Innovations Inc. Any such attempted assignment, sublicense, or transfer will be null and void and Unified Innovations Inc, in its sole discretion, shall have the right to immediately terminate this Agreement.

21. Beta.
The Services are being made available to you as part of a beta program for trial and evaluation (“Beta Services”). You acknowledge and agree that such Beta Services: (i) are provided for evaluation purposes only; (ii) may change or cease to be functional without notice at the sole discretion of Unified Innovations Inc; and (iii) shall not create any obligation for Unified Innovations Inc to continue to develop, support, repair, offer for sale, or in any other way continue to provide to you or to any other party the Services.

22. Entire Agreement.
This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter and may be amended only in a writing signed by both parties. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. ANY TERMS AND CONDITIONS OF ANY DOCUMENT SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES THAT ARE IN ADDITION TO, DIFFERENT FROM, OR INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE NOT BINDING ON UNIFIED INNOVATIONS INC AND ARE INEFFECTIVE. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, AGENT, SALES PERSON, OR OTHER PERSON IS AUTHORIZED BY UNIFIED INNOVATIONS INC TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE THAT IS DIFFERENT THAN OR IN ADDITION TO THE WARRANTIES, REPRESENTATIONS, OR PROMISES EXPRESSLY SET FORTH IN THIS AGREEMENT.

COMPLIANCE

The information provided here is for UVATION clients, subscribers and suppliers
who have questions about our terms, policies, intellectual property, and compliance.

COMPLIANCE

 

We understand that for you—our enterprise customer—to realize the benefits of the cloud, you must be willing to entrust your cloud provider with one of your most valuable assets—your data. If you invest in a cloud service, you must be able to trust that your customer data is safe, that the privacy of your data is protected, and that you retain ownership of and control over your data—that it will only be used in a way that is consistent with your expectations.

Our long experience providing solutions & services has involved extensive investment in foundational technology that builds security and privacy into the development process. Over time, we’ve developed industry-leading security measures and privacy policies, and participated in international compliance programs with independent verification of how we measure up.

 

Security: We keep your customer data safe

Uvation has leveraged its decades-long experience building enterprise software and running online services to create a robust set of security technologies and practices. These help ensure that our solution, services and infrastructure are resilient to attack, safeguards user access to the appropriate environment, and helps keep customer data secure through encrypted communications as well as threat management and mitigation practices, including regular penetration testing.

Managing and controlling identity and user access to your environments, data, and applications by federating user identities to Azure Active Directory and enabling multi-factor authentication for more secure sign-in.

Encrypting communications and operation processes. For data in transit, we use industry-standard transport protocols between user devices and our datacenters, and within datacenters themselves. For data at rest, we offer a wide range of encryption capabilities up to AES-256, giving you the flexibility to choose the solution that best meets your needs.

Securing networks. We provide the infrastructure necessary to securely connect virtual machines to one another and to connect on-premises datacenters with Uvation Cloud VMs. We block unauthorized traffic to and within our datacenters, using a variety of technologies. Cloud Virtual Network extends your on-premises network to the cloud through site-to-site VPN.

Managing threats. To protect against online threats, we use and offers Microsoft Antimalware for cloud services and virtual machines. We also employ intrusion detection, denial-of-service (DDoS) attack prevention, regular penetration testing, and data analytics and machine learning tools to help mitigate threats to the Azure platform.

 

Privacy: You own and control your data

For more than 10 years, Uvation has been a leader in creating robust online solutions designed to protect the privacy of our customers. Our time-tested approach to privacy and data protection is grounded in our commitment to organizations’ ownership of and control over the collection, use, and distribution of their information.

We strive to be transparent in our privacy practices, offer you meaningful privacy choices, and responsibly manage the data we store and process. One measure of our commitment to the privacy of customer data is our adoption of the world’s first code of practice for cloud privacy, ISO/IEC 27018.

You own your own data. With Uvation, you have ownership of customer data—that is, all data, including text, sound, video, or image files and software, that are provided to Uvation by you, or on your behalf, through the use of our Cloud. You can access your customer data at any time and for any reason without assistance from Uvation. We will not use customer data or derive information from it for advertising or data mining.

You are in control of your data. Because the customer data you host on Uvation cloud belongs to you, you have control over where it is stored and how it is securely accessed and deleted.

How we respond to government and law enforcement requests to access data. When a government wants customer data—including for national security purposes—it must follow the applicable legal process, serving us with a court order for content or a subpoena for account information. If compelled to disclose customer data, Uvation will promptly notify you and provide a copy of the demand, unless legally prohibited from doing so. We do not provide any government with direct or unfettered access to customer data except as you direct or where required by law.

 

Transparency: You know how your data is stored and accessed, and how we help secure it

Uvation Azure is built on the premise that for you to control your own customer data in the cloud, you require visibility into that data. You must know where it is stored. You must also know, through clearly stated and readily available policies and procedures, how we help secure your customer data, who can access it, and under what circumstances. And don’t take our word for it: you can review the third-party audits and certifications that confirm that we meet the standards we set.

 

Compliance: We conform to global standards

Uvation meets a broad set of international and industry-specific compliance standards, such as ISO 27001, HIPAA, SOC 1/2 and PCI, as well as country-specific standards.

Rigorous third-party audits, verify our adherence to the strict security controls these standards mandate. As part of our commitment to transparency, you can verify our implementation of many security controls by requesting audit results from the certifying third parties.

When Uvation verifies that our services meet compliance standards and demonstrates how we achieve compliance, that makes it easier for customers to secure compliance for the infrastructure and applications they run in Uvation.

FEEDBACK

The information provided here is for UVATION clients, subscribers and suppliers
who have questions about our terms, policies, intellectual property, and compliance.

FEEDBACK

Welcome to Uvation feedback and suggestions page! We love hearing from our customers. If you have suggestions for how we can improve, please share them with us here or at one of the related sites listed on the right. While we can’t respond to every suggestion, we are committed to reading every post.

How it works

  • Select one of the feedback forums from the list below
  • Check out the ideas others have suggested and vote on your favorites
  • If you have a suggestion that’s not listed yet, submit your own — 25 words or less, please
  • One idea per post

And now, a word from our legal guys upstairs…

Please note that this feedback area is moderated and is a voluntary participation-based project. If your submission is not a product feature suggestion it may be removed. Please do not send any novel or patentable ideas, copyrighted materials, samples or demos which you do not want to grant a license to Uvation.

Thanks for joining our community and helping improve Uvation. We’re happy you’re here!

 

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TRADEMARKS & INTELLECTUAL PROPERTY

The information provided here is for UVATION clients, subscribers and suppliers
who have questions about our terms, policies, intellectual property, and compliance.

TRADEMARKS & INTELLECTUAL PROPERTY


Copyright Infringement Notice & Takedown Policy

Notification of Infringement

Uvation, Inc. (hereafter, “Uvation”) abides by the federal Digital Millennium Copyright Act (DMCA) and similar regulations in other jurisdictions by responding to written notifications of alleged infringement by legitimate copyright holders. As part of our response, we may remove or disable access to allegedly infringing material residing on our websites and within the Service. Please note that Uvation does not control content hosted on any third party website, and cannot remove content from any website it does not own or control.

To submit a copyright infringement notification to Uvation, send a written communication to our Copyright Agent, as required by the DMCA, and provide the following information in writing:

  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the specific material that is claimed as infringing and information sufficient to permit Uvation to locate that material on our websites or within the Service (providing a URL is the best way to help us locate the content quickly);
  • A statement that you believe, in good faith, that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law;
  • If you are not the copyright owner, a description of your relationship to the copyright owner;
  • Your contact information, including your name, address, telephone number, and email address;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, anyone who knowingly misrepresents that material or activity is infringing may be liable for damages and attorneys’ fees incurred by the alleged infringer or by Uvation. Therefore, if you are not sure whether material infringes your copyright, you should first consider contacting an attorney.

 

Uvation’s Response to Notifications

Following receipt of a proper written notification, Uvation will expeditiously remove or disable the allegedly infringing content. We will also notify the customer who submitted or posted the allegedly infringing material, and provide them with a copy of the copyright infringement notification. We may suspend or terminate access to the Service of customers that repeatedly or egregiously infringe the copyrights of others.

 

Counter Notification

If a customer of the Service believes that their content was removed or disabled by mistake or misidentification, the customer can send us a written counter notification that includes the following:

  • The customer’s contact information, including name, address, email address, and telephone number;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled;
  • A statement that the customer consents to the jurisdiction of the U.S. Federal District Court for the judicial district in which the customer is located (or if the customer is outside the U.S., the U.S. Federal District Court for the Northern District of California located in San Francisco, CA), and that you will accept service of process from the person who originally provided Uvation with the notification of infringement;
  • A statement under penalty of perjury that the customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • A physical or electronic signature of the customer;

Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Uvation will only accept counter notifications that meet the requirements set forth above and are properly submitted to our Copyright Agent. Upon receipt of a proper written counter notification, Uvation will provide the person that submitted the infringement notification with a copy of the counter notification, and will, on or after 10 business days following receipt of the counter notification, restore the removed material to the Service unless our Copyright Agent first receives notice that a court action has been filed to restrain the customer from engaging in infringement related to the allegedly infringing material.

 

Copyright Agent Information

Both infringement notifications and counter notifications should be submitted to our Copyright Agent using the following information:

Uvation, Inc.
Attention: Copyright Agent
Subject Line: DMCA Notification / DMCA Counter
Notification Email: ip@uvation.com
Address: 100 Crescent Court, Suite 700 Dallas Texas 75201
Telephone: +1 855 721 1155

The full text of the Digital Millennium Copyright Act can be found at:
http://www.copyright.gov/legislation/hr2281.pdf.

TRADEMARK USAGE GUIDELINES

 

Uvation’s trademarks and brands are Uvation intellectual property and are among our most valuable assets. In order to preserve and protect these brands, it is essential that they are used properly. Follow these Guidelines and our Brand Style Guide for using Uvation’s trademarks and brands properly in all communications, documents, and electronic messages.

These Guidelines apply to Uvation employees, customers, partners, licensees, outside vendors, and other third parties. If you are a Licensee of a Uvation trademark or logo, your license agreement may have particular usage guidelines different than provided here. If so, please follow the specific guidelines in your agreement. If you are a Licensee but have not been provided with special guidelines for usage of Uvation brands, then these Guidelines apply to your usage of Uvation brands.

You may reference Uvation’s products and services using the Uvation trademarks, so long as such references are: (1) truthful, fair, and not misleading, and (2) comply with these Guidelines, which may be modified from time to time by Uvation in its sole discretion. The Uvation trademarks and brands should never be used in a way that could cause anyone wrongly to believe that your products or services are offered, endorsed, or sponsored by Uvation or any of its subsidiaries.

Specific Do’s and Dont’s

Trademark Notices

Properly designate the status of Uvation’s trademarks by using the correct trademark symbol (® or ™) reflecting Uvation’s ownership of particular marks as set forth below. Also include an attribution of Uvation’s ownership in the following format: “_______ is a trademark of Uvation, Inc.”

  • In letters, memos, press releases, white papers, advertising, slides, foils, video, and other multimedia presentations:
    • Properly designate (with ® or ™) all of Uvation’s trademarks at the most prominent use (usually a headline) and again on the first occurrence in copy; and
    • In the case of presentation graphics, trademarks should be designated with the proper trademark symbol on each page, slide, and foil.
  • In newsletters, magazines, and publications containing multiple articles:
    • Properly designate (with ® or ™) all of Uvation’s trademarks on the first occurrence in the document, in headlines and on the first occurrence in every article in which they are used.
  • In brochures, annual/quarterly reports, books, technical documentation, and other bound documents:
    • Properly designate (with ® or ™) all of Uvation’s trademarks on the first occurrence in the document, in headlines, and on the first occurrence in text.
  • In all charts or graphs, properly designate trademarks (with ® or ™).
  • On all packaging, always use the trademark symbol in every reference.

Trademarks are Singular Adjectives, Not Verbs and Should Not be Made Possessive

Use the Uvation trademarks only as adjectives followed by the appropriate generic product or service noun describing the relevant product or service (e.g., “the Uvation® Information Technology Services”). Uvation trademarks should not be used in plural or possessive form or as verbs.

References to Uvation, Inc.

When Uvation is used to refer to our company, Uvation, Inc., rather than as a brand of product or services, then the rules for proper usage change slightly. Unlike trademarks, company names are proper nouns; they can be used in the possessive form and do not need to be followed by a generic term. Neither the ™ nor ® symbol should accompany references to Uvation as a company. Example:

Correct: Uvation is now offering its customers more choices than ever.

Incorrect: Uvation® is now offering its customers more choices than ever.

Ownership Assertion

Do not assert rights over any Uvation brand whether by incorporating a Uvation brand into your own product or service names, trademarks, logos, company names, or domain names or seeking a trademark or domain name registration for any term that includes a Uvation brand.

Uvation Logo Use

Do not make unlicensed use of Uvation logos, such as the Z logo listed below. Third party use of Uvation logos requires a license or written permission from Uvation. If you are interested in obtaining a license to use a Uvation trademark or logo, contact us to discuss your proposed use.

Style of Use

When using Uvation’s trademarks: (i) follow the style and usage guidelines available in our Brand Style Guide; (ii) use our Logos exactly as they appear here, and do not alter or distort their appearance in any way, for example, by adding your own design elements or changing the font, colors, or size; (iii) allow for clear space around our Logo; and (iv) maintain the legibility of our Logos and keep them sharp, clear, and well-produced. When using our Word Marks, you may not change their appearance by abbreviating them, incorporating them into acronyms, changing their spelling, using them in parts, or using improper capitalization.

No Trademark Bidding

Unless expressly permitted in an agreement between you and Uvation, you may not bid on a Uvation trademark (or any variant or extension thereof) as a keyword on any search engine.

No Tarnishment

You may not use a Uvation trademark in a disparaging or degrading manner.

Uvation Logos

The following is an illustrative, non-exhaustive list of logos and trademarks owned by Uvation. Because this list of logos and trademarks and their status could change over time, including as we add new products and services, please review this section in these Guidelines periodically. Please note that the absence of a product or service name or logo from the list below does not constitute a waiver of Uvation’s trademark or other intellectual property rights in that name or logo.

Uvation Word Marks

UVATION™
XONODE™

If you become aware of any usage of Uvation trademarks or brands in violation of these Guidelines, please contact us.

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