Terms of Service
updated august 26, 2011
Please note that this revision does not materially change the way Unity treats personal information as compared to any previous version of the Terms and Conditions of Use (“Terms and Conditions”).
These Terms and Conditions of Use contain the following Sections: Page
Introduction.
Unity Corporation, Inc., (“Unity”) provides software as a service platforms including ”jLog”, “Ask an Expert”, “Smart Assessment Tool”, and “WonderBar“ (collectively the “Services”). These Services are available to users directly through websites owned or operated by third parties through which you may register to receive, display, access and/or download branded versions of the Services (each a “Subscriber Site”, or collectively the “Subscriber Sites”).
What these Terms and Conditions of Use Cover.
By registering for, accessing, USING OR DOWNLOADING ANY OF the Services that link to or display these Terms and Conditions of Use, you hereby accept the policies and practices described herein. Each time you register for, access or download a Service, you agree and expressly consent to these Terms and Conditions of Use.
UNITY MAY SUPPLEMENT THESE TERMS AND CONDITIONS OF USE WITH ADDITIONAL TERMS PERTAINING TO SPECIFIC SERVICES, SUCH AS THE WONDERBAR OR THE HEALTH RISK ASSESSMENT (“ADDITIONAL TERMS AND CONDITIONS”). ADDITIONAL TERMS AND CONDITIONS OF USE APPLICABLE TO ANY SERVICES, SOFTWARE OR CONTENT WILL BE PROVIDED IN CONNECTION WITH THE SPECIFIC SERVICE, CONTENT OR SOFTWARE TO BE GOVERNED BY THE ADDITIONAL TERMS AND SHALL BE IDENTIFIED AS ADDITIONAL TERMS AND CONDITIONS. YOU HEREBY AGREE THAT SUCH ADDITIONAL TERMS AND CONDITIONS ARE INCORPORTED INTO THESE TERMS AND CONDITIONS BY THIS REFERENCE.
Subscriber Site Terms and Conditions.
A subscriber site may provide it’s own terms and condition of use to govern their branded version of the services instead of these terms and conditions found herein. Subscriber site terms and conditions shall govern the branded version of the services you register for, access or download when displayed or linked from the branded services.
Acceptance.
By using the Services that link to these Terms and Conditions of Use, you agree to these Terms and Conditions of Use (the "Terms and Conditions”) just as if you had signed an agreement with Unity. If you do not agree to be legally bound by these Terms and Conditions, PLEASE DO NOT ACCESS, REGISTER FOR, USE, OR DOWNLOAD ANY SERVICES. You represent and warrant that you have legal capacity to agree (which means that you are of sufficient age and mental capacity, are otherwise entitled to be legally bound in contract and/or have the requisite authority to enter into these Terms and Conditions) and you represent that you have read and agree to abide by these Terms and Conditions and that you further agree to the Unity Consumer Privacy Policy. The Unity Consumer Privacy Policy can be found at www.unitymg.com and the Unity Corporate Privacy Policy can be found www.unitymg.com.
Changes to Terms and Conditions of Use.
Unity reserves the right, in its sole discretion, to change, modify, add or delete portions of these Terms and Conditions of Use at any time and such modifications will be effective immediately upon posting the modified terms and conditions on this Site. Unity shall have no obligation to notify you of any such changes other than posting such modifications on the Site, but reserves the right (at Unity’s discretion) to provide you notice of such changes to any email address you have provided to Unity. Your use of the Site, Unity Services and Services following the posting of modifications to these Terms and Conditions of Use signifies and constitutes your continued assent to and acceptance of these Terms and Conditions of Use, as amended. If you do not agree to these Terms and Conditions, please do not use access or use the Site, Services or any Services contained therein.
Changes to the Services.
Unity may modify or discontinue any Service, content, software or functionality of any Services, or any portion thereof, with or without notice to you and without liability to you or any third party, except as otherwise expressly provided herein. Unity may terminate any free access to the Services, content or software at any time with, or without notice to you and reserves the right to post a prominent notice of such change in connection with the Services, or to provide you with notice of such change to any email or post office address you have provided to Unity. From time to time certain Unity Services may be offered as a paid subscription services, or other form of paid Service and with respect to any fee based versions of the Services, offered by Unity or through Subscription Sites, you shall be informed of all terms of the offer including but not limited to, subscription fees, pricing, methods of payment, return and refund policies on the screen where you make the purchase.
Children’s Privacy.
The Services provided by Unity are not intended or designed to attract children under the age of 13 . Unity does not knowingly collect Personally Identifiable Information (“PII”) from you or any person under the age of 13. This includes information like your name, address, email address, or phone number, as well as other non-public information that is associated with your personal information.
No Professional or Medical Advice.
The information and content found within the Services such as text, images, information, video, audio, photos, illustrations, graphics and any other material contained within the Services (the “Content”) is for informational purposes only and is not intended to be a substitute for informed professional, medical, psychiatric, psychological, investment, legal, financial or any other form of professional advice. Unity will assume you are interested in soliciting and receiving or giving general information rather than seeking professional advice. The applicability of such general information might vary substantially in different states or countries and according to the individual factual circumstances surrounding a particular question or comment. Unity does not recommend or endorse any specific product, test, treatment, opinions, procedures or any other information mentioned on or through the Content or contained within or from the Services. Always seek medical or other professional advice with any question or concern you may have regarding a medical, health, financial, legal or other condition. Do not rely on the information provided to you through the Services or including any Branded version of the Services.
Registration, Password, Security.
In order to use, access or download the Services, you will be asked to register. During this registration process you may be asked to provide Personally Identifiable Information, select a screen name and password and you may choose to provide additional Anonymous Information so that Unity can provide you with a more personalized experience. Unity reserves the right to provide you with Content and third party Services based upon the information you may provide during the registration process. You acknowledge that by providing any information to Unity, which is untrue, inaccurate, not current or incomplete, Unity reserves, the right to terminate this Agreement and your continued access and use of the Services. You must keep your account password secure. You and the Subscriber Site (where applicable) are responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You must notify Unity or your Subscriber Site immediately of any breach of security or unauthorized use of your account. You grant Unity, the Subscriber Site and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store and use your information in connection with the administration and operation of the Services. Unity cannot and does not assume any responsibility or liability for any information you submit, or your third or third parties uses or misuses of information transmitted or received using Unity Services and Services. You understand that although Unity will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses to Unity and/or the Subscriber Site or others due to such unauthorized use. You agree never to use someone else's account or password.
Use of Services.
Unity grants to you a limited, personal, non-exclusive and non-transferable right and license to access the Services and Content and software contained or accessible therein, solely for your personal and non-commercial use. All Services, Content, any service marks, trademarks, or logos are protected by copyright, trademark, patent and other proprietary rights under U.S. and foreign laws. Title to the Unity Services Content and software contained therein remains with Unity, its licensors, and where applicable Subscriber Sites. Unauthorized access, distribution, reproduction (commercial or otherwise), or any other form of transmission of any portion thereof is hereby expressly prohibited. Any use not expressly permitted by these Terms and Conditions or applicable Additional Terms and Conditions is a breach of these Terms and Conditions. All rights not expressly granted herein are reserved to Unity and its licensors.
Software License.
The Services may contain or give you access to software modules, tools or databases that allow you to retrieve certain Content and other functionality or Services (the “Software”). All proprietary rights in any Software are the sole and exclusive property of Unity, its licensors and service providers. You may not rent, sell, lease, lend or transfer any software tools, databases or any Unity Software.
Any Software accessible from Unity or made available to download, such as but not limited to the WonderBar is a copyrighted work of Unity, its licensors or service providers. Use of the Software is governed by the end user license agreement (if any) in the form of Additional Terms and Conditions that accompanies the downloadable Service. You shall not install any downloadable Services unless you have agreed to the terms of the accompanying license agreement. If, the downloadable Services are not accompanied by a license agreement, the following shall constitute the “License Agreement”: Unity hereby grants you, as a user, a personal, non-transferable license to use the downloadable Services for viewing and accessing in accordance with this Agreement and for no other purpose. Any and all Software, including HTML codes contained in the Services, is owned by Unity, its licensors and suppliers, and is protected by copyright and patent laws. All unauthorized use, reproduction and redistribution are expressly prohibited, including but not limited to copying, or reproduction, to any other server or location for further reproduction or redistribution. Unity disclaims all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement with respect to any Software.
You shall be responsible for obtaining and maintaining all computer hardware, internet connections and other equipment needed to access, download and use the Services, and you and you alone are responsible for all charges related thereto.
Mobile and Wireless.
The Terms and Conditions applicable to your access to the Services, shall also apply to Unity Mobile and Wireless. Unity Mobile and Wireless includes any Service accessed or used via your mobile telephone or wireless device together with the Software operating within the Unity Mobile and Wireless environment and appearing on your mobile/wireless device that provide you with access to Services.
Third Party Promotional Messages, Goods and Services.
Unity and third parties may from time to time send email messages containing advertisements, or marketing messages. Unity makes no representation or warranty with respect to the content of any such email, advertisements or marketing messages or any goods or services obtained from third parties, including Subscriber Sites. You agree that Unity shall have no liability with respect to such promotional messages, goods or services.
Public Areas.
The Services may include message boards, chat rooms, creation of profiles, sharing of email, Content, uploading of video and photos and other social networking environments (collectively referred as “Public Areas”). Content and information you post within these Public Areas (“User Content”) becomes public information immediately disclosed and available to other users of that area, so it is important for you to exercise discretion and appropriate caution when deciding to reveal personal information when using these Public Areas. User Content is not the responsibility of Unity. You agree that you are totally responsible for your own User Content. Unity is not liable for User Content, the defamatory, offensive or illegal conduct of any third party or any other consequence of posting or distributing User Content and the risk of harm or damage resulting from your User Content rests entirely with you. Additionally, Unity is not liable to you for any damage, or risk of harm resulting from any User Conduct, or the actions or conducts of any user with respect to their s use and dissemination of such User Content and assumes no responsibility for the deletion or a failure to store email messages, profile information, registration information or any other information gathered through your use and access of any Services.
You agree that User Content does not form the basis for a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient, and such communications between you and Unity is not and will not be subject to the standards or requirements of confidentiality and/or privileged associated with such relationships. Furthermore, neither Unity, Subscriber Sites, nor Unity licensors or service providers are responsible for the consequences of any communications in the Public Areas.
Unity reserves the right (but not the obligation) to do any or all of the following: monitor or review User Content, remove, modify or edit any User Content without notice or liability at any time in its sole discretion; terminate a user’s access to any Public Area.
Certain Unity Services may provide Subscriber Sites with the ability to determine the privacy setting for User Content generated from access to the Unity Services. The privacy settings determine whether and who can view the User Content. Unity will abide by the privacy settings dictated by the Subscriber, provided however that that Unity may release such User Content: (a) as required by order of a government agency or court of competent jurisdiction; (b) to comply with legal process; (c) if necessary to enforce the terms of these Term and Conditions of Use; (d) to respond to a good faith belief or third party claims that such User Content violate the rights or interests of a third party; (e) to protect the rights or property of Unity, other users, or Subscriber Sites. Please carefully review the privacy setting for the Services and Service prior to accessing and/or providing User Content.
By submitting User Content, or any business information, ideas, concepts or inventions to Unity, you grant Unity a perpetual and irrevocable non-exclusive license to reproduce, distribute, display, exhibit, transit, broadcast, stream edit alter or modify, synchronize with visual material otherwise use and permit others to use and perform worldwide User Content and any business information, ideas, concepts or inventions (in whole or in part and as altered by Unity in its sole discretion) in any and all media, including, without limitation, throughout any Service, and for any purpose including without limitation downloads, streams, in audio visual recordings, motion pictures, television programs, advertising promotion and publicity including without limitation advertising, promotion and publicity for Unity, the right to distribute (through multiple tiers) create derivative works of, publically perform, publically display, digitally perform, make, have made, sell, offer for sale all without further notice, or consent from or payment to you. You also permit any other user to access, display, view, store and reproduce such content that you have made public for personal use.
Prohibited Activities.
In consideration of being allowed to use the Services, Content and Software contained therein, you agree that any of the following actions shall constitute a material breach of these Terms and Conditions and as such you agree that you will not:
Suspension/Termination of Your Use of the Services.
In the event Unity determines in its sole discretion that you have breached any terms set forth in these Terms and Conditions of Use, or have exhibited behavior that Unity deems, in its sole discretion, to be inappropriate for the Services, Unity reserves the right, at any time without prior notice to: (a) suspend or terminate your access to (i) any Service (in whole or in part), (ii) your account (in whole or in part), (iii) the Subscriber Site’s account (in whole or in part); and (b) (i) delete any data or content contained within a suspended or terminated account as well as remove and/or delete any content provided by you or your agents, (ii) delete any Content, Services or Software or functionality from the Unity Services, (iii) terminate or suspend any subscription service, or Service; or (iv) notify and send Content and User Content to and cooperate with law enforcement. By suspending, or terminating your access to the Services, Services Site and your account, Unity thereby terminates this agreement and all of Unity’s obligations to you hereunder; provided however that those sections of this Agreement, which provide for continuing obligations on your part (such as payment in the case you are a subscriber to a subscription Service) shall survive indefinitely.
Dealings with Subscriber Sites.
Your participation, correspondence, business or other dealings with a Subscriber Site, together with the Services, terms, conditions, representations, or warranties associated with such dealings are solely between you and the Subscriber Site. Unity does not warrant, endorse, guarantee, or assume responsibility for any actions of Subscriber Sites or any content, services advertised or offered by such Subscriber Sites, and Unity will not be a party to or in any way be responsible for monitoring any transaction between you and any Subscriber Site or any third-party providers of Services or services provided on or through the Subscriber Site and Unity shall not be responsible or liable for any loss, damage or other matter of any sort incurred as a result of such dealings.
Disclaimer of warranties.
To the fullest extent permitted by law, Unity, its officers, directors, employees, affiliated entities and agents disclaim all warranties, express or implied, in connection with the Unity Services, Content AND software. Unity makes no warranties or representations about the accuracy or completeness of Unity Content, Services, software or any Subscriber site and assumes no liability or responsibility for any errors, mistakes, or inaccuracies of User Content, content, personal injury or property damage, of any nature whatsoever, resulting from your use and access to and use of the Services, together with the softwarE, content and user content contained therein. any action taken in response to or as a result of any information available from within the Services, content, user content, software or that service, content, e software or user content available through unity or a subscriber site will be uninterupted or error free or secure, or that any defects will be corrected. any unauthorized access to or use of Unity's secure servers and/or any and all personal information, financial information, or posted content stored therein, any interruption or cessation of transmission to or from unity services, content, software, and user content, and any bugs, viruses, Trojan horses, or the like which may be transmitted to or through unity any third party, and/or any errors or omissions in any content or user content or for any loss or damage of any kind incurred as a result of the use of any content or user content posted, emailed, transmitted, or otherwise made available via thethe Services, content and software.
Limitation of Liability.
You agree that in no event will Unity, its officers, directors, employees, affiliated entities, contractors or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from (i) the use or inability to use the Services content software or user content; (ii) Any content or user content contained within the Services, content, software or user content contained therein; (iii) statements or conduct posted or made publically available on the unity Services and software; (iv) privacy or security settings of any public AReaor social networking functionality; (v) any product or service purchased, obtained or accessed through THE service regardless of whether from unity or a subscriber site; (vi) any action taken in response to or as a result of any information available on the Service; (vii) any damage caused by loss of access to deletion of, failure to store, failure to back up or alteration any content or user content on the service; OR (viii) any other matter relating in anyway to the SERVICE content, user content or software whether based on warranty, contract, tort, or any other legal theory, and whether or not Unity is advised of the possibility of such damages. This limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction and shall survive the termination or expiration of these Terms and conditions of Use and your use of the content, services and software.
your sole remedy against Unity for dissatisfaction with, service, Content, software USER Content, subscriber SITE (s) is to cease your use. This limitation of relief is a part of the bargain between you and Unity and damage resulting from user content or the defamatory, illegal or offensive conduct of subscriber SITES or any thirD party are subject to the disclaims and limitations on liabiility set forth in this agreement. in no event shall unity’s total liability to you for any and all damages, losses and causes of action, whether in contract, or tort (including but not limied to, negligence, statutory or otherwise) exceed the amount (if any) paid by you, for subscribing, accessing or downloading the Unity Services, content, or software from which the damgages, losses or cause of action arose.
Indemnification.
You agree to indemnify, hold harmless and defend each of Unity, its parents, subsidiaries and affiliates, its officers, directors, employees and agents, harmless from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) made by any third party due to or arising out of your use of and access to the Services, Content, and Software, your posting of User Content, your breach of any term of these Terms and Conditions, violation by you or any other subscriber or user of your account of any third party right, including without limitation any copyright, property, or privacy right, or any claim that your User Content caused damage to a third party. These remedies are in addition to any other remedies that Unity may have at law or in equity. This indemnification, hold harmless and defense obligation will survive in the event these Terms and Conditions are terminated or expire for any reason.
Conflict in Terms.
In the event that any of these Terms and Conditions conflicts with the law under which the Terms and Conditions are to be construed and any legally unenforceable provision of these Terms and Conditions will, at the election of Unity, be deleted or modified to correct the defect and, regardless, the remainder of these Terms and Conditions will remain valid and enforceable. In the event of a conflict between these Terms and Conditions, the terms found within any Additional Terms and Conditions or legal notices posted by any Additional Terms and Conditions or legal notices posted by Unity shall first control and then these Terms and Conditions shall then control with respect to those terms and conditions found to be in conflict. This provision shall survive the termination or expiration of these Terms and Conditions and your use of any Unity Site, Product or Service.
Linked Sites.
To the extent the Service is linked to any third party sites, these third party sites are not affiliated with Unity, and Unity neither controls nor endorses these linked third party sites and has not reviewed the content, advertising, Services or services appearing on such linked sites. You acknowledge and agree that Unity shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.
Assignment.
Unity may assign its rights and obligations under these Terms and Conditions and upon such assignment Unity may be relieved of any further obligation hereunder. You may not assign these Terms and Conditions, or any rights and licenses granted pursuant to these Terms and Conditions.
Applicable Law/Jurisdiction.
Unity is based in Eagle, Idaho in the United States of America. Unity makes no claims that the Services, Content or Software are appropriate or may be downloaded outside of the United States. If you access the Services, Content or Software from outside the United States you do so at your own risk and are responsible for the compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the laws of the State of Idaho, without respect to its conflict of laws principals. You expressly agree that the exclusive jurisdiction for any dispute with Unity, or in any way related to the Services, Content, Software and User Content, resides in the courts of the State of Idaho and you expressly consent to the exercise of personal jurisdiction in the courts of the State of Idaho in connection with any such dispute, including Unity, its affiliates, employees, subsidiaries, officers, directors contractors, technical and content providers.
Digital Millennium Copyright Act.
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials provided through the Unity Services infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act requesting the removal of such material or access to it be blocked by providing the following information to the following Unity contact: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Any notice that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Unity actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly field against you, the DMCA permits you to send Unity a counter-notice, which must meet the then current statutory requirements of the DMCA.
Entire Agreement.
Except as expressly provided for in Additional Terms and Conditions and/or any “legal notices” posted by Unity or a Subscriber Site, these Terms and Conditions and the Unity Consumer Privacy Policy constitute the entire agreement between you and Unity as to the subject matter hereof and supersede all prior agreements and understandings. Any legally unenforceable provisions of these Terms and Conditions, at the election of Unity, may be deleted, or modified to correct the defect and the remainder of the terms of these Terms and Conditions will remain valid and enforceable.
Copyright 2011, Unity Corporation, Inc. All Rights Reserved.
Privacy Policy say age 18.
This is the term used in the Privacy Policy.
