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UBISTOR, INC.
TERMS OF USE

ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING WWW.UBISTOR.COM (THIS “WEBSITE”). YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE (“TERMS OF USE”).  IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

1. ACCEPTANCE OF TERMS. The use of the Ubistor, Inc. (“UBISTOR”) website is governed by the terms and conditions set forth in this Terms of Use.  Our website offers general information about our company, its products and services, and other information and listings of general interest.  It is accessible worldwide to any one with Internet access.

By using our website, you are agreeing to be bound by these Terms of Use.  Users are also bound by all applicable laws and regulation.  UBISTOR reserves the right to change its terms and conditions and to change or delete information on this website at any time.

For purposes of these Terms of Use, using the on-line services offered on the website including accessing educational information, product browsing, ordering and reporting/inquiries shall be considered to be using this website.

2. USE OF WEBSITE. Subject to the Terms of Use, UBISTOR grants you a non-exclusive, non-transferable, limited, conditionally revocable right to access, use, and privately display this website solely for legitimate business purposes.  Any other use of this website is expressly prohibited and constitutes a material violation of the Terms of Use.  Prohibited uses include, without limitation, using email addresses obtained from the website for solicitation purposes of any kind, directly or indirectly, the use of data mining, robots or other similar data gathering and extraction tools, and making any derivative works based, in whole or in part, on any portion or this entire website.

You agree not to resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of this website, the services offered on this website, or access to this website.

You agree to take reasonable precautions to maintain the confidentiality of your account name and password for access to this website.  In addition, you agree not to modify, add or delete any content on this website, without the express written permission of UBISTOR.  Further, you agree not to interrupt or attempt to interrupt the operation of this website or access thereto by other users.

UBISTOR does not guarantee continuous, uninterrupted or secure access to the website, and operation of the website may be interfered with by numerous factors outside of UBISTOR’s control.  The information UBISTOR obtains from you will be subject to UBISTOR’s Privacy Statement.  To use the website, you will need access to the World Wide Web and you must pay any fees/costs associated with your equipment, access charges and the services you obtain. 

You agree that information you provide to this website will be true and accurate to the best of your knowledge, and that nothing you provide shall be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on the rights of, or otherwise injurious to person or property, including, without limitation, software viruses, worms, Trojan horses or other malicious code.  You also agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the source of the information you provide to this website.
Certain restricted product information is available on this website only to licensed customers of UBISTOR that are registered to receive information via passwords issued by UBISTOR.  This restricted information is considered confidential and proprietary information of UBISTOR.  If you are a registered customer or a representative of a registered customer, UBISTOR authorizes you to download, copy, distribute and use the restricted information for yourself, or, if applicable, only within the customer organization, and only for the intended purposes authorized by UBISTOR.  Issuance of a registration password is conditioned on the customer’s use of the information in accordance with the terms of its license or service agreement with UBISTOR.  You agree not to transfer your password to unauthorized parties.  You agree to immediately notify UBISTOR of any unauthorized use of your password.  You are responsible for the use and protection of your password.  You agree not to attempt to gain unauthorized access to any website information or area within this website.

3. DISCLAIMER. Information contained in this website has been derived from what UBISTOR believes are reputable sources.  Although we believe that the information supplied is generally correct, we do not assume any responsibility whatsoever for its accuracy.  We assume no liability whatsoever for results obtained or loss or damage incurred as a result of application of the data or information presented.  Users of this website do so at their own risk.  In addition, we assume no liability and make no warranty with respect to claims of patent, trademark or copy right infringement or other similar claims which may arise out of or in connection with the use of any data, information or items listed in this website.

UBISTOR does not warrant that this website and the server connected to it are free of computer viruses or other harmful components.

The transmission of data or information (including communications by email) over the Internet or other publicly accessible networks is not secure and is subject to possible loss, interception, or alteration while in transit.  We are not liable for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of email with us (including those which may contain your personal information).  We take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat that information in accordance with our Privacy Statement.  In no event, however, will the information you provide us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that the information is inadvertently released by us or accessed by third parties without our consent. 
UBISTOR PROVIDES THE WEBSITE AND ALL RELATED INFORMATION AND SERVICES “AS IS, WHERE IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. 
WITHOUT LIMITING THE FOREGOING, UBISTOR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  NO ADVICE, INSTRUCTIONS OR INFORMATION RECEIVED BY A USER, WHETHER ORALLY OR IN WRITING, FROM UBISTOR SHALL CREATE ANY EXPRESSED OR IMPLIED WARRANTY BY UBISTOR.  USERS ARE INSTRUCTED TO USE UBISTOR’S WEBSITE AND SERVICE AT THEIR OWN RISK. 

UBISTOR MAKES NO WARRANTY THAT THE WEBSITE AND ANY RELATED INFORMATION AND SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRRUPED,  TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE, RELATED INFORMATION AND SERVICES WILL BE ACCURATE OR RELIABLE.  YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE, RELATED INFORMATION OR SERVICE IS TO CEASE TO USE THE WEBSITE, ANY RELATED INFORMATION OR SERVICES.  THE TERMS AND CONDITIONS OF ANY SALES OF PRODUCTS OR SERVICES OBTAINED THOUGH THE USE OF THE WEBSITE ARE SET FORTH IN THE LICENSE OR OTHER AGREEMENT FOR SUCH PRODUCT OR SERVICE.

4. LIMITATION ON DAMAGES. In no event, shall UBISTOR be liable for any injury, expenses, profits, loss, or damage, whether direct, incidental, or consequential, or any other pecuniary loss or expense arising out of the access, use or inability to use anything on this website or any product or services described in the website, even if UBISTOR is expressly advised of the possibility thereof.  Without limiting the generality of the foregoing, UBISTOR shall not be liable for damages for loss of profits, goodwill, use, data loss, or other losses resulting from (i) the use of inability to use the website or the services, (ii) the cost of procurement of any substitute products and/or services resulting from any products, data, information or services obtained or which you were unable to obtain or transactions effected or failed to be effected, (iii) any link provided in connection with the website related information or services, or (iv) any matter otherwise related to your use of the website related information or the services.

5. INDEMNITY. If, despite the language of the Terms of Use, UBISTOR becomes liable to you for anything arising out of or related in any way to your access, use or inability to use the website or any product described in the electronic catalog, then UBISTOR’s total liability to you shall not exceed the total payments actually made by you to UBISTOR or $100, whichever is greater.

6. MODIFICATIONS. UBISTOR reserves the right, at its sole discretion, to change, modify, add, or remove the Terms of Use, in whole or in part, at any time without prior notice or liability.  Your continued access or use of the website after any such change, modification, addition or removal of the Terms of Use will constitute your acceptance thereof.  Further, UBISTOR reserves the right at its sole discretion, and without prior notice or liability, to terminate, modify or add any features to this website at any time.  UBISTOR also reserves the right, at its sole discretion, and without prior notice or liability, to limit or terminate your access to this website, and you agree to abide by such limit or termination.

7. COPYRIGHT NOTICE. The materials displayed on this website, including, but not limited to, all written material, photographs, illustrations, artwork and other graphic material, and names, logos, trademarks, and service marks, are the property of UBISTOR or its licensors.  These materials are protected by copyright, trademark, and other intellectual property laws and treaties.  Nothing herein shall be construed as conferring by implication, estoppels, or otherwise, any license or right and or any copyright, patent, trademark or other proprietary interest of UBISTOR on third parties. Notwithstanding the foregoing, UBISTOR consents to normal downloading, copying, and distribution of the information contained on this website for non-commercial purposes by you or within your organization only.  In consideration of this consent, you agree that copies of website information will retain all copyright and other proprietary notices and that you will not modify the website information in any way.  Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, copy, print, display, perform, reproduce, publish, or distribute any of this website’s information, in whole or in part, without the prior written consent of UBISTOR.  Any software that is available for download from this website is the copyrighted property of UBISTOR and/or its suppliers.  Any use or reproduction of any such software, and such warranties, if any, as to such software, are governed by the terms of the license agreement applicable to that software.  Any use of any other product or service, and such warranties as to such product or service purchased by you using, or in connection, with this website, if any, is governed by the agreement applicable to that product or service.

8. INDEMNITY. You agree to indemnify and hold UBISTOR and, where applicable, its officers, directors, agents and employees, as well as third parties whose content appears on this website, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of or related in any way to your access, inability to access or use of this website, or any breach by you of the Terms of Use.

9. OWNERSHIP OF CONTENT. You understand and agree that your use of this website entitles UBISTOR to use, monitor and preserve copies of all information provided by you or third parties about you and to disclose such if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms of Use, assistance in responding to claims that content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of UBISTOR or any other person or entity. 

10. LINKS. The website may provide links to other web-sites.  Such links are provided for your convenience and do not reflect any endorsement by UBISTOR with respect to the provider of such linked website.  UBISTOR is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked website, including without limitation the content provided on or through any such linked website or your reliance thereon.  UBISTOR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED WEBSITE: YOUR USE OF ANY LINKED WEBSITE IS SOLELY AT YOUR OWN RISK.  Your use of or acquisition of goods or services through any linked website is subject to the terms and conditions applicable to that website.  For third parties that may wish to link to UBISTOR’s website, you may link to the UBISTOR home page, but are not authorized to link to any other page on the UBISTOR website with the express written consent of UBISTOR provided that UBISTOR reserves the right to withdraw this consent at any time in its sole and absolute discretion.  You may not use any of UBISTOR’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links.  You may not link in any manner reasonably likely to: 1) imply affiliation with or endorsement or sponsorship by UBISTOR; 2) cause confusion, mistake, or deception; 3) dilute UBISTOR’s trademarks, service marks, or trade names; or 4) otherwise violate applicable law.

11. JURISDICTION AND VENUE.  These Terms of Use and their enforcement will be governed by the laws of the State of Illinois, without respect to its conflict of laws provisions and that venue and jurisdiction with respect to any dispute between you and UBISTOR arising out of or in any way related to these Terms of Use will rest exclusively in courts of Cook County, Illinois and the federal district court for the Northern District of Illinois, Eastern Division.

12. GENERAL PRACTICES REGARDING STORAGE. You understand and agree that UBISTOR may from time to time establish and revise practices and limitations concerning your use of the website.  You agree that UBISTOR shall have no liability for the deletion or failure to store any messages and other communications or other Content maintained on the website or transmitted using the website.

13. TERMINATION OF REGISTRATION. You acknowledge and agree that UBISTOR may terminate your password and/or other access privileges and remove and discard any content without notice to you for any reason, including without limitation, if: (i) you do not use the services for what UBISTOR, in its sole discretion, deems to be an extended period of time; (ii) UBISTOR believes that you have violated any of these Terms of Use, (iii) you have otherwise acted or failed to act in any manner that UBISTOR deems objectionable.  You agree that any termination of your access to the website shall not result in any liability or other obligation of UBISTOR to you or any third party in connection with such termination.

14. RESTRICTED RIGHTS LEGEND.  U.S. GOVERNMENT RESTRICED RIGHTS, UNPUBLISHED - - RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES.  Use, duplication, or disclosure by the United States Government of any this website’s information (all technical data is “Limited Rights Data”) or any software (all of which is “Commercial Computer Software”) downloaded from this website is subject to restrictions set forth in FAR Section 52.227-14 Alt. III(g)(3), FAR Section 52.227-19, DFARS 252.227-7014 (b) or DFARS 227.7202, as amended from time to time.  Contractor/Manufacturer is UBSTOR, 1111 Plaza Drive, Suite 600, Schaumburg, IL  60173.  Any contract notices should be sent to this address.

15. MISCELLANEOUS. These Terms of Use constitute the entire agreement between you and UBISTOR with respect to your use of the website.  You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the website.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  The failure of UBISTOR to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose.

The headings in this section of the website are intended solely for convenience and are not considered to be terms within the Terms of Use.

PRIVACY STATEMENT

Please read the following policy to understand how your personal information will be treated as you make use of any services at our websites.  This policy may change from time to time so please re-visit this page periodically.  Websites which are linked to this website may have different policies and we are not responsible for the privacy practices and content provided by such other websites.

TYPICAL USER OF THE UBISTOR, INC. WEB SITE
UBISTOR operates primarily as a provider of business-to-business services. Unlike many companies and websites, we do not focus on consumer users or the collection of consumer data. To the extent we collect information online, our purpose is to better serve our business clients and their employees.

INFORMATION COLLECTED ONLINE
Unless otherwise stated in another, more specific policy on the Web pages you are viewing, we collect the following types of information when you browse www.ubistor.com or any other UBISTOR website:
1) Information you provide directly, such as your name or ordering information when you register or make an online order, or any chat room postings or e-mail messages you send us;
2) The Web pages your Internet browser visits; and
3) Aggregate data, such as the number of hits per week, per Web page.
 
DISCLOSURE AND USE OF INFORMATION
Information you provide at www.ubistor.com might be used by us or our partners, including vendors and customer, to better service your needs.  We will keep this information confidential and promise not to sell, rent or give away to any third parties outside of our organization other than parties involved in providing products and services to our customers.

We may discuss information in special cases when we believe in good faith that such release is necessary to comply with law, to identify or bring legal action against someone who may be violating our conditions of use and terms of service, to enforce or apply the terms of any of our user agreements, or protect the rights, property or safety of UBISTOR or others. 

SECURITY
We will use commercially reasonable efforts to ensure the security of our system and will strive to protect any personal information you provide through this website.  Unfortunately, we cannot and do not guarantee that all data transmitted over the Internet will be secure or that our website along with its databases are immune to malicious attacks or abuses by other individuals.

E-MAIL LISTS
UBISTOR maintains e-mail lists to keep interested parties informed about our company, events, products, support, and more. We do not sell the addresses on our list, but we may make information available to specific business partners, sponsors, or service providers.

Users may voluntarily request to join our mailing lists by signing up or opting in through a form on our Web site. To be removed from a UBISTOR mailing list, simply contact us now.

INFORMATION STORAGE AND UPDATES
You can update your contact information by contacting us at any time. We may keep all information in an off-line form, for archival purposes or as otherwise required by law.

NOTIFICATION OF DATA PROCESSING IN THE UNITED STATES OF AMERICA
When you choose to submit information through this website, UBISTOR, and its affiliates may transfer, process, and store the information in countries in which UBISTOR and its affiliates maintain offices, including the United States.  The United States does not regulate data protection in the same manner as other countries, including the Member States of the European Union.  Accordingly, the data that you submit to UBISTOR may be transferred to, processed, or stored in countries where the data protection laws are different than those of your country of residence.

CONSENT
By using our website, you consent to the collection and use of this information by Ubistor, Inc.

Users Under the Age of 13:
If you are under the age of 13, do not provide any personally identifiable information on this website without the knowledge and permission of your parent or guardian.