Terms and Conditions of Use of UniYellow.COM
YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you ("you" or "your") and UniYellow,LLC ("UNIYELLOW.COM," "we," or "our") that governs your use of the UNIYELLOW.COM Web site ("Site" or "Web site"). When you access or use the Site in any way you agree to be bound by these Terms and Conditions ("Terms").
We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
HOW YOU MAY USE OUR MATERIALS
We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects on the UNIYELLOW.COM Web site.We provide the information, content or advertisements (which we collectively call the "Materials") on the UNIYELLOW.COM site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.Accordingly, You may view, use, copy, and distribute the Materials found on UNIYELLOW.COM Web sites for internal, noncommercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the UNIYELLOW.COM Web site. You may not use the UNIYELLOW.COM Web site to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by UniYellow, LLC, its subsidiaries, parent companies, and/or any third party owner of such rights.
HOW YOU MAY USE OUR NAME, LOGO, AND/OR MARKS
The UniYellow, LLC company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from UniYellow, LLC or its wholly-owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials or this site must bear any copyright, trademark or other proprietary notice located on the site that pertains to the material being copied. You are not authorized to use any UniYellow, LLC name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of UniYellow, LLC. Requests for authorization should be made to firstname.lastname@example.org.
HOW WE MAY USE INFORMATION YOU PROVIDE TO US
NO ENDORSEMENTS MADE BY UNIYELLOW, LLC
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions ("Promotions") or Materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the UNIYELLOW.COM Web sites.References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the UNIYELLOW.COM Web sites (the "Products").
UniYellow, LLC communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, resellers and other third parties. UniYellow, LLC has no control over the accuracy of such information on our pages, and material on the UNIYELLOW.COM Web site may include technical inaccuracies or typographical errors.We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage.All of the data on Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion. You should use discretion while browsing the Internet.UniYellow, LLC reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Sites. Where appropriate, we will endeavor to update information listed on the Web site on a timely basis, but shall not be liable for any inaccuracies.Links to external Internet sites are provided within the content on the Site as a convenience to users. The listing of an external site does not imply endorsement of the site by UniYellow, LLC or its affiliates. UniYellow, LLC does not make any representations regarding the availability and performance of its Web site or any of the Web sites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Site, your browser automatically may direct you to a new browser window that is not hosted or controlled by UNIYELLOW.COM. UniYellow, LLC and its affiliates are not responsible for the content, functionality, or technological safety of these external sites.We reserve the right to disable links to or from third-party sites to our Site, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Web sites. We do not fully screen or investigate business listing Web sites before or after including them in directory listings that become part of the Materials on our Site, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
Any use of the UNIYELLOW.COM Web site, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. UniYellow, LLC disclaims any and all responsibility or liability for the accuracy, content, completeness, operable, legality, reliability or availability of information or material displayed in the UniYellow, LLC results.THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. UniYellow, LLC DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. UniYellow, LLC DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.UniYellow, LLC DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT SHALL UniYellow, LLC BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER"S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF UniYellow, LLC ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. UniYellow, LLC DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE.THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIRD PARTY SITES
MONITORING OF MATERIALS TRANSMITTED BY YOU
Changes may be periodically incorporated into this Site. UniYellow, LLC may make improvements and/or changes in the products, services and/or programs described in these Sites and the Materials at any time without notice.We are under no obligation to monitor the material residing on or transmitted to this Site. However, anyone using this Site agrees that UniYellow, LLC may monitor the Site contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Site properly or to protect itself and its users. UniYellow, LLC reserves the right to modify, reject or eliminate any material residing on or transmitted to its Site that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
DELETIONS FROM SERVICE
UniYellow, LLC will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. UniYellow, LLC reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of UniYellow, LLC, may be, defamatory, infringing or violate of applicable law. UniYellow, LLC reserves the right to exclude Material from the Site. Materials submitted to UniYellow, LLC for publication on the Site may be edited for length, clarity and/or consistency with UniYellow, LLC Editorial Standards.
You agree to pay for advertisements ordered on this agreement which are to appear on the Uniyellow.com website which is owned and operated by UniYellow, LLC. All cancellations must be received in writing by facsimile, email or postal mail within ten (10) days of signing this contract, no exceptions are allowed. UniYellow, LLC reserves the right to require payment in advance as a condition of fulfilling your order of advertisement. A full refund of all monies recieved towards your advertisement, minus any expenses incurred by UniYellow, LLC for the production of your order, will be returned to you within thirty (30) days of UniYellow, LLC"s approval of your cancellation request but not later than forty five (45) days of your written request to cancel your order. Documentation of UniYellow, LLC"s incurred expenses for your account, if any, will be supplied to you upon your written request only if it is received in conjunction with your cancellation request within the ten (10) day cancellation period. No refunds will be given for advertisement orders which are cancelled after the ten day cancellation period, however, a advertisement credit to be used within one (1) year of your original order date may be issued at the sole discretion of UniYellow, LLC. Non use of any advertisement credit, issued by UniYellow, LLC, before the specified expiration date will be forfeited by you in it"s entirety.The advertising order on this agreement is for the specified contract period only. Any additional period of time in which your advertisement might appear on the Uniyellow.com website does not constitute an alteration or extension of the terms and/or contract length you agreed to on this contract
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys" fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
INTELLECTUAL PROPERTY COMPLAINTS
It is not our responsibility to monitor the use of trademarks, copyrights or other rights of third parties. We may, however, in appropriate circumstances and at our discretion, remove, suspend, terminate access, or take other appropriate action against users, members or other third parties who infringe the copyright rights of others. Therefore, if you reasonably believe that any Materials on this Site contains unauthorized reproductions of your copyrighted work or trademarks, or links to sites containing unauthorized reproductions of your copyrighted work or trademarks, and you want us to take any action, then you must provide the following information to us (as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512)):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;Identification of the copyrighted work claimed to have been infringed;Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please e-mail this information to email@example.com
These Terms will be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in New Haven county, Connecticut, USA. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws.If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms.Any waiver of any provision of the Terms will be effective only if in writing and signed by you and UniYellow, LLC. UniYellow, LLC reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. UniYellow, LLC reserves the right to seek all remedies available at law and in equity for violations of these Terms.