Terms of Use

TERMS AND CONDITIONS OF USE

March 24, 2017

These Terms and Conditions of Use (these “Terms”) cover your use of and access to the website (www.unitytalentpromotions.com) (the “Website”) provided by John Schenk & Associates, LLC, d/b/a “Unity Talent Promotions” (together with its managers, members, officers, employees and agents, “UTP”), any products and services available at or through the Website (collectively, the “Products and Services”), and any other information and content available at or through the Website, including your Account and Your Sites, each as defined below in these Terms (collectively, “UTP Content”).

By using or accessing the Website, any Products and Services, or UTP Content, you are agreeing to these Terms and the UTP policies referenced herein (collectively, this “Use Agreement”). If you are using or accessing this Website, any Products and Services, or any UTP Content on behalf of an organization, you are agreeing to this Use Agreement on behalf of that organization, and you represent and warrant to us that you have that authority. We encourage you to read this Use Agreement carefully before using or accessing the Website, any Products and Services, or any UTP Content as it contains important information about your legal rights and duties.

If at any time you do not agree to all terms in this Use Agreement, which may be modified by UTP as set forth below, you must immediately discontinue use of the Website, the Products and Services, and UTP Content.

In this Use Agreement, “we”, “us” or “our” refer to UTP and “you” or “your” refer to each visitor and user of the Website and each purchaser and each user of the Products and Services or UTP Content.

1.Your Account

To obtain access to certain parts of the Website, certain Products and Services, or certain UTP Content, you may be required to create an account (“Account”), which may include information about you and your organization, as applicable. Until you create an Account, your access to and use of certain parts of the Website, certain Products and Services, or certain UTP Content may be limited. By creating your Account, you agree to provide true, accurate, complete and updated information about yourself and your organization, as applicable, including, among other things, your name, mailing address, email address and phone numbers (collectively, your “Registration Data”). You also agree to maintain and update your Registration Data to ensure that it remains true, accurate, complete and current. We may need to use this Registration Data to contact you. You may not be permitted to create an Account, or we may disable or terminate your Account, if the information you provide is not true, accurate, complete or updated.

Only you may use your Account. You should keep your Account and passwords confidential and not authorize others to access or use your Account, the non-public parts of the Website, the Products and Services, or UTP Content available to you. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You are solely responsible for all activity on your Account. We are not liable for any acts or omissions by or loss or damage incurred by you or any other persons in connection with any use or access to the Website, any Products and Services, any UTP Content (including your Account and Your Sites), or any User Content (as defined below), whether such use or was authorized or unauthorized by you.

2. Users Must Be At Least 13 Years old

The Website, the Products and Services and UTP Content are not directed to any person under the age of 13 and we do not direct targeted advertising to any person under the age of 13. Moreover, we do not knowingly collect, use or disclose personally identifiable information from any person under the age of 13. If we determine that a user is under the age of 13, we will not use or maintain personally identifiable information about that user without his/her parent/ guardian’s consent, in accordance with the United States Online Privacy Protection Act of 1998 and the regulations thereunder. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete that information from our records.

Visitors and users aged 13 to 17 are encouraged to check with their parents or guardians before entering any information on any website, including our Website, and we encourage families to discuss their household guidelines regarding the online sharing of information. If you are under 18 years of age, you must inform your parent or guardian about this Use Agreement and may need to obtain consent from your parent or guardian before opening an Account or using, accessing or ordering any Products and Services or any UTP Content.

3. User Content

User Content. You may upload content to your Account or otherwise provide us with content via the Website, the Products and Services or UTP Content, including without limitation text, photos, images, audio, video, code and other materials (“User Content”). You retain all rights to your User Content, except for the limited rights that enable us to provide, improve, promote and protect the Website, the Products and Services, or UTP Content, as described herein.

License to User Content. When you upload User Content to your Account or otherwise provide us provide with User Content via the Website, the Products and Services, or UTP Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Products and Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Website, the Products and Services, and the UTP Content.

Featuring Your Site. We may use in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of our marketing and promotional activities. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites, and any right of inspection or approval of any such use of Your Sites. If you don’t want Your Sites featured, you can opt out at any time by contacting us.

4. Your Representations and Warranties

Responsibility for Your User Content. You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Website, the Products and Services, or UTP Content. If we use your User Content in the ways contemplated in this Use Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation, any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. You represent that your use of the Website, the Products and Services, and UTP Content is not contrary to law, including without limitation applicable US export controls, regulations and sanctions. You are solely responsible for User Content that is shared with others through use of the Website, the Products and Services, or UTP Content, whether on social media, the World Wide Web, or otherwise. We haven’t reviewed and will not be able to review all of the User Content made available at the Website or through the Products and Services or UTP Content. As a result, User Content available at the Website or through the Products and Services or UTP Content may (a) be offensive or objectionable, (b) contain errors, (c) violate intellectual property, privacy, publicity or other rights of third parties, or (d) be harmful to your computer or network. We do not represent, endorse, warrant, or guarantee any User Content. We are not a publisher of, and we are not liable for, any User Content uploaded, posted, published or otherwise made available through the Website, the Products and Services, or UTP Content.

Responsibility for End Users. You may use the Website, the Products and Services, and UTP Content to create or publish sites, online stores and other products or services (“Your Sites”), and Your Sites may have their own visitors and users (“End Users”). You are solely responsible for compliance with any laws or regulations related to Your Sites and your End Users, including without limitation the posting of your own privacy policy. We will not provide you with any legal advice regarding Your Sites or your End Users.

User Code of Conduct. As a condition of accessing or using the Website, any Products and Services, or UTP Content, you agree that you will not:

  1. Upload, post, email, transmit, deliver or otherwise make available on or through the Website or Your Sites any unsolicited advertisements, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes.

  2. Upload, post, email, transmit, deliver or otherwise make available on or through the Website or Your Sites any unlawful (according to local, state, federal, or international law or regulation) postings on or through the Website or Your Sites, or any postings which advocate illegal activity.

  3. Upload, post, email, transmit, deliver or otherwise make available on or through the Website or Your Sites, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.

  4. Upload, post, email, transmit, deliver or otherwise make available on or through the Website or Your Sites, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.

  5. Upload, post, email, transmit, deliver or otherwise make available on or through the Website, or provide links to, any postings containing defamatory, false or libelous material.

  6. Use the Website or any other UTP service to “stalk” or otherwise harass any other person.

  7. Upload, post, email, transmit, deliver or otherwise make available on or through the Website or Your Sites any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.

  8. Upload, post, email, transmit, deliver or otherwise make available for sale or sell on or through the Website or Your Sites any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.

  9. Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.

  10. Manipulate identifiers, including by forging headers or employing misleading email addresses or IP addresses, in order to disguise the origin of any posting that you deliver.

  11. Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.

  12. Upload, post, email, transmit, deliver or otherwise make available for sale or sell on or through the Website or Your Sites any stolen goods or any products or services which may not be legally offered for sale and/or sold.

  13. Upload, post, email, transmit, deliver or otherwise make available for sale or sell on or through the Website or Your Sites any materials that infringe a patent, trademark, trade secret, copyright or other intellectual property right of another person or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including without limitation any goods purchased or obtained by you without right of resale such as promotional materials or school market-restricted materials.

  14. Use the Website, Your Sites, any Products and Services, or any UTP Content in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Website, the Products and Services, or UTP Content or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.

  15. Attempt to gain unauthorized access to the Website, the Products and Services, or UTP Content, any related website, other accounts, computer system, or networks connected to the Website, the Products and Services, or any UTP Content, through hacking, password mining, or any other means.

  16. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website, the Products and Services, or UTP Content, including harvesting or otherwise collecting information about others such as email addresses.

  17. Use Web-accelerated browsers or products or other applications that are capable of copying large portions of content from the Website, the Products and Services, or UTP Content. UTP may detect the use of these systems and will ban any future use by offenders.

  18. Use robots, crawlers, spiders, data mining tools or other automated means to download data from the Website, the Products and Services, or UTP Content, excepting only internet search engines (e.g. Google or Yahoo!) and non-commercial public archives (e.g., www.archive.org) that comply with our robot.txt file or are “well-behaved” web services/RSS/Atom clients, as we determine to be appropriate from time to time in our discretion.

  19. Use any device, software or routine or the like to interfere or attempt to interfere with any Website functionality, any Products and Services, or any UTP Content.

  20. Take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including by engaging in “flooding attacks.”

  21. Use any email addresses appearing on the Website, in the Products and Services or UTP Content, for purposes not relating specifically to the Website, the Products and Services, or UTP Content.

  22. Access the Website, the Products and Services, or UTP Content by any means other than through the interface that is provided by UTP, or attempt or access any area of the Website, the Products and Services, or UTP Content to which your access is not authorized.

  23. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating to the Website, the Products and Services, or UTP Content, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

5. Third-Party Services

The Website, the Products and Services, or UTP Content may be integrated with third-party products, services, applications, sites and other content (“Third Party Services”), or otherwise make those available to you. Unless otherwise expressly confirmed by UTP, Third Party Services are not offered, sold, owned, or controlled by us. Any matters, transactions or other activities between you and any providers of Third Party Services are solely between you and them. We do not represent, endorse, warrant, or guarantee any Third Party Services and will not be a party to or in any way responsible for monitoring any transaction between you and any providers of Third Party Services. You are encouraged to protect your information, including credit card and personally identifiable information, when dealing with providers of Third Party Services. Any charges or other obligations you incur in your dealings with these providers are your exclusive responsibility and are not part of the fees and charges, if any, charged for UTP’s Products and Services or UTP Content.

UTP may display advertisements for the goods and services of third parties on the Website or integrate those in the Products and Services or UTP Content, including in connection with co-promotions, sponsorships and other similar partnership arrangements. UTP does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on the Website or in any Products and Services or UTP Content.

6. Our Rights

We reserve these following rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except as otherwise provided by law): (a) we may change the Website, the Products and Services, or UTP Content and their functionality; (b) we may restrict access to or use of parts or all of the Website, the Products and Services, or UTP Content; (c) we may suspend or discontinue parts or all of the Website, the Products and Services, or UTP Content; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Website, the Products and Services, or UTP Content; (e) we may terminate, suspend or restrict access to your Account or Your Sites; and (f) we may change our eligibility criteria to use the Website, the Products and Services, or UTP Content (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Website, the Products and Services, and UTP Content in that jurisdiction).

We reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice or a business license, to help determine the rightful owner.

We may offer HTTPS encryption for Your Sites. By registering a custom domain via the Website or the Products and Services, or pointing a custom domain to the Products and Services, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.

7. Accuracy and Availability of Information

Facts and information at the Website or in the Products and Services or UTP Content are believed to be accurate at the time they were placed on the Website or integrated into the Products and Services or UTP Content. Changes may be made at any time without prior notice to you. All data provided on the Website or in the Products and Services or UTP Content is to be used for informational purposes only. The information contained on the Website and in the Products and Services or UTP Content, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The Products and Services and UTP Content are only offered in jurisdictions where they may be legally offered. Information provided in the Website or in the Products and Services or UTP Content is not all-inclusive, and is limited to information that is made available to us and such information should not be relied upon as all-inclusive or accurate.

8. No Legal, Tax or Financial Advice

We are not a law firm and are not permitted to engage in the practice of law. Moreover, we are not an accounting firm or financial or tax advisor. As a consequence, we cannot provide legal, tax or financial advice and our employees cannot act and are not acting in any manner as your attorney, accountant or financial advisor. No communication with us is privileged. We are prohibited from providing any kind of advice, explanation, opinion, or recommendation to you about possible legal, tax, or financial rights, remedies, defenses, options or implications. The information, content and materials available at or through the Website or in the Products and Services or UTP Content are for general informational purposes only, and is not and should not be construed as legal, tax or financial advice on any subject matter.

You should not act or refrain from acting on the basis of any information, content or materials included in the Website or in the Products and Services or UTP Content without seeking appropriate advice on your particular facts and circumstances from professional advisors in your state. We expressly disclaim all liability in respect to actions taken or not taken based on any or all the information, contents or materials available at or through the Website or in the Products and Services or UTP Content.

9. Software and Downloads Available Through the Website

Any software that is made available to access, use, view and/or download in connection at or through the Website, any Products and Services or UTP Content (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by UTP, one or more companies commonly owned by or with UTP, and/or their licensors and suppliers, and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. UTP accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

10. Copyright Policy

We respect the intellectual property rights of others, and we ask that you do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We will also disable and/or terminate access to Accounts who we believe are infringing copyrighted works. Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, and is available by clicking here. By accessing or using the Website, any Products and Services, or UTP Content, you agree to the terms of the Privacy Policy.

11. Privacy Policy

UTP has developed a Privacy Policy in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Policy, which is incorporated into this Use Agreement, by clicking here. By accessing or using the Website, any Products and Services, or UTP Content, you agree to the terms of the Privacy Policy.

12. Paid Products and Services

Paid Products and Services. We may offer certain Products and Services or UTP Content for a fee (“Paid Products and Services”), in such amounts and such other terms and conditions, including in regard to the scope of site design, editing and updating, as we determine to be appropriate from time to time in our discretion.

Service Terms. We may offer Paid Product and Services for varying service terms, including 6-month, 12-month and 24-month terms (each of the foregoing, a “Standard Service Term”). Different fees and charges may apply to different Standard Service Terms. Fees and charges for Paid Products and Services will not change during any applicable Standard Service Term; provided, however, that different fees and charges may apply to add-on Products and Services. You may cancel Paid Products and Services prior to the end of a Standard Service Term by giving us at least 30 days prior written notice and paying all amounts then due in your Account plus a cancellation fee of $250. Until we receive such notice and such sums, you will remain obligated to pay all fees and charges through the end of the then applicable Standard Service Term. If you continue to access or use Paid Products and Services after the end of a Standard Service Term, your service term will automatically convert to month-to-month (a “Month-to-Month Service Term”) with such fees and charges we then determine to be appropriate in our discretion. Fees and charges during a Month-to-Month Service Term may be higher than the fees and charges during a Standard Service Term. You may cancel Paid Products and Services during a Month-to-Month Service Term by giving us at least 30 days advance written notice and paying all amounts then due in your Account. Cancellation of Paid Products and Services or expiration or termination of a Service Term may result in loss of access to Paid Products and Services, Your Sites and your Account, and the deactivation of Your Sites and your Account, with the loss of all content at Your Sites or in your Account.

Payments. Payments for Paid Products and Services can be made by valid credit card or debit card. We may add other payment methods from time to time, such as ACH bank payments, as we determine to be appropriate. By ordering Paid Products and Services, (a) you agree to pay all fees and other charges due under this Use Agreement as and when due, (b) you authorize UTP (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment from time to time for all amounts due under this Agreement and/or in your Account (or otherwise charge, refund, or take any other billing actions) from our payment provider or your designated credit card, debit card, bank account or other payment source, without further notice to you, and (c) you authorize us to make any inquiries UTP (or its affiliates, subsidiaries or other third parties) may consider necessary or appropriate to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your credit card, debit card, bank account or other payment provider. If you fail to make any payment when due under this Use Agreement, we reserve the right to suspend your access to and use of any Paid Products and Services, Your Sites and your Account and charge a late fee of $45 for each past due payment. You also agree to reimburse us for all costs and expenses we incur in connection with collecting any amounts due and owing by you under this Use Agreement, including but not limited to reasonable attorneys’ fees, court costs, and collection agency costs.

Chargebacks. If at any time you direct your bank or credit card or debit card company to decline, chargeback or otherwise reverse the charge of any fees or charges payable to us, we may automatically terminate your access to and use of any Products and Services and UTP Content, including your Account and Your Sites, and dispute the chargeback. If you dispute any charges made to your Account by UTP, we encourage you first to contact us to resolve the matter.

13. E-Commerce

Certain Products and Services and UTP Content may also include features which enable you to sell goods, content, media and services to End Users through Your Sites (collectively, “E-Commerce”).

You are solely responsible for the goods, content, media, and services that you sell through E-Commerce related activities, and any promotions and related content contained or referred to in Your Sites, and compliance with any laws or regulations applicable thereto, including without limitation the posting of your own privacy policy. We provide the platform for you to manage your online E-Commerce activities, but we are not a party to any contract you may have with any End Users and do not provide any legal advice regarding Your Sites or your End Users.

You may choose to establish accounts with third party providers to process purchases through Your Sites by End Users. Terms and conditions of such arrangements will be governed by the terms of service and other applicable policies of those service providers. We are not involved in your relationships and/or any transaction with any of your service providers or any of your End Users and we have no responsibility for any claims associated with any such activities.

In addition to the User Code of Conduct set forth above in Section 4, by using any of our E-Commerce features, you acknowledge, warrant and agree that:

  1. You shall be solely responsible for any and all taxes and fees associated with your E-Commerce activities, including any taxes related to the purchase or sale of your goods, content, media, and services through Your Sites and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law; 

  2. Any taxes indicated by the E-Commerce features provided to you by UTP are solely provided for illustration purposes only, and may not be relied on in any way;

  3. You are solely responsible for fulfilling and delivering your goods, content, media, and services to your End Users;

  4. You are solely responsible for handling any comments or complaints related to your E-Commerce. You agree to provide accurate and complete contact information on Your Sites so that your End Users can submit comments or complaints to you; and

  5. You may not offer or sell any goods, content, media, or services, or provide any information, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export.

14. LIMITATION OF DAMAGES AND LIABILITY

IN NO EVENT SHALL UTP OR ANY COMPANY COMMONLY OWNED BY OR WITH UTP OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (i) loss of goodwill, business, revenue, profits, use, data, business opportunity, or other economic advantage; (ii) your inability to use, unauthorized use of, performance or non-performance of the Website, any Products and Services, or any UTP Content; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any products or services; (v) errors or inaccuracies contained on the Website or in any Products and Services or any UTP Content, or any information, software, products, services, and related graphics obtained through the Website or in any Products and Services or UTP Content; (vi) any transactions entered into through the Website, (vii) any property damage including damage to your device or computer system caused by viruses or other harmful components, during or on account of access to or use of the Website, any Products and Services, any UTP Content, including Your Sites, or any Third Party Services; or (viii) damages otherwise arising out of the use of the Website, any Products and Services, any UTP Content, including Your Sites, or any Third Party Services.

THESE LIMITATIONS SHALL APPLY REGARDLESS OF HOW ANY ALLEGED DAMAGES ARISE, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORTIOUS ACTION, OR ARISING OUT OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE, ANY PRODUCTS AND SERVICES, ANY UTP CONTENT, OR ANY THIRD PARTY SERVICES, EVEN IF UTP OR ANY COMPANY COMMONLY OWNED BY OR WITH UTP OR THEIR AGENTS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF THIS LIMITATION OF LIABILITY, OR THE EXCLUSION OF REPRESENTATIONS AND WARRANTIES BELOW, IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF UTP AND/OR ANY COMPANY COMMONLY OWNED BY OR WITH UTP AND/OR ANY OF THEIR AGENTS FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $250.00.  THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE WEBSITE, ANY PRODUCTS AND SERVICES, OR ANY UTP CONTENT, AND BY AGREEING TO THE TERMS OF THIS USE AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, §1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION.

15. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE, IN ANY PRODUCTS AND SERVICES, ANY UTP CONTENT, OR ANY THIRD PARYT SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ALL PRODUCTS AND SERVICES, ALL UTP CONTENT, AND ALL THIRD PARTY SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND BY UTP OR ANY COMPANY COMMONLY OWNED BY OR WITH UTP OR THEIR AGENTS. UTP AND ANY COMPANY COMMONLY OWNED BY OR WITH UTP AND THEIR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ANY PRODUCTS OR SERVICES, ANY UTP CONTENT OR THIRD PARTY SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, UTP AND ANY COMPANY COMMONLY OWNED BY OR WITH UTP AND THEIR AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD-PARTIES. UTP AND ANY COMPANY COMMONLY OWNED BY OR WITH UTP AND THEIR AGENTS MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, ANY PRODUCTS OR SERVICES, ANY UTP CONTENT, OR ANY THIRD PARTY SERVICES WILL BE AVAILABLE OR ACCESSIBLE AT ANY PARTICULAR TIME OR WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, ANY UTP SERVER, ANY PRODUCTS AND SERVICES, ANY UTP CONTENT, OR THIRD PARTY SERVICES WILL BE FREE OF VIRSUES AND/OR OTHER HARMFUL COMPONENTS. UTP AND ANY COMPANY COMMONLY OWNED BY OR WITH UTP AND THEIR AGENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN OR AVAILABLE THROUGH THE WEBSITE, ANY PRODUCTS AND SERVICES, ANY UTP CONTENT, OR ANY THIRD PARTY SERVICES, FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHIC CONTENT. UTP AND ANY COMPANY COMMONLY OWNED BY OR WITH UTP AND THEIR AGENTS ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN TRANSMISSIONS OR RECEIPTS OF ANY INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

16. Indemnification.

You agree to indemnify, defend and hold harmless UTP and any company commonly owned by or with UTP and their respective shareholders, members, managers, officers, directors, employees, agents, and licensors from and against any and all claims, causes of action, demands, liabilities, damages, losses, expenses (including reasonable attorneys’ fees and costs) and assessments (including tax assessments) arising out of or in any way related to: (a) your access to or use of the Website, the Products and Services, any UTP Content, including Your Sites, and any Third Party Services; (b) your breach or purported or threatened breach of any provision of this Use Agreement or any warranty you provide herein, or (c) your violation or purported or threatened violation of any applicable laws, rules, regulations or rights. You agree to cooperate fully with UTP and any company commonly owned by or with UTP and their agents in asserting any available defenses in connection with a claim subject to indemnification by you under this Use Agreement.  

17. Your Additional Representations and Warranties

You represent and warrant to UTP that: (a) you possess the legal right and ability to enter into this Use Agreement; (b) all information submitted by you to UTP, including on or through the Website, is true and accurate; and (c) you are at least 13 years of age.

18. Miscellaneous Provisions

UTP Property and Rights. The Website, the Products and Services, all UTP Content, and all content, text, photographs, images, illustrations, graphics, video material, audio material, software, UTP logos, titles, characters, names, graphics and button icons on the Website or in the Products and Services or UTP Content (collectively the “UTP Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The UTP Intellectual Property is owned or controlled by UTP or by other parties that have provided rights thereto to UTP.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, de-compile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any UTP Intellectual Property, in whole or in part, without the express written permission of UTP or as otherwise permitted in this Use Agreement; provided, however, that you may download one copy of information on the Website on a single computer for your own personal, non-commercial use provided you are in compliance with this Use Agreement.

Other trademarks, service marks, product names and company names or logos appearing on the Website or in any Products and Services that are not owned by UTP may not be used without express permission from their owners. Additionally, unless otherwise restricted or prohibited by UTP or in this Use Agreement, websites may link, by hyperlink or otherwise, to the Website homepage and any page beyond the homepage of the Website, and/or frame the Website, or any web page or material herein, and may include a link to any aspect of the Website in an email for commercial purposes.

Governing Law. By using the Website, any Products and Services, or any UTP Content, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Missouri USA, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of or any other matter relating to this Use Agreement or your access to or use of the Website, any Products and Services, or any UTP Content, shall be instituted in the Circuit Courts of St. Louis County, Missouri USA or the United States District Courts for the Eastern District of Missouri USA. We and you agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal proceeding or action. The terms of this Use Agreement expressly exclude and disclaim the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving us, the Website or the Products and Services.

Consent to Electronic Notices and Other Communication. You agree that all of your transactions with us relating to this Use Agreement, the Website, any Products and Services, or any UTP Content may, at our option, be conducted electronically, including any that we are otherwise required to provide in “writing”. For example, we may send you notice via postings at the Website or via email to any email address that you provide to us. If you do not wish to deal with us electronically, you should not access or use the Website, any Products and Services, or any UTP Content. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid.

Print a Copy for Your Records. You agree to print or make an electronic copy of this Use Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.

Modification/Termination. UTP may modify the provisions of this Use Agreement at any time in its absolute discretion. When UTP changes the terms of this Use Agreement, UTP will endeavor to notify you by email or online postings on the Website. The changes will also appear in this Use Agreement. Please review this Use Agreement periodically for changes. If you do not agree to be bound by the modified terms of this Use Agreement, you should not use or access the Website, any Products and Services, or any UTP Content, including Your Sites. By accessing or using the Website, any Products and Services, or any UTP Content, including Your Sites, you are agreeing to be bound by the terms of this Use Agreement as modified at any time or from time to time by UTP.

UTP may terminate or suspend your access to or use of the Website (or any part thereof), any Products and Services, or any UTP Content, including your Account and Your Sites, with or without notice, for any conduct that UTP, in its sole discretion, believes is in violation of this Use Agreement, any applicable law, or for any act which is harmful to the interests of another user, service provider, or UTP, or for any other reason whatsoever. Applicable sections of this Use Agreement will survive any termination or expiration of this Use Agreement.

UTP reserves the right, in its sole discretion, to modify, suspend, limit, or terminate the Website, your Account, and any Products and Services, and/or any portion thereof, or your access thereto, at any time for any reason with or without notice to you.

Termination of access and use rights removes your authorization to use the Website, the Products and Services, and the UTP Content, including your Account. In the event of termination, you will still be bound by your obligations under this Use Agreement, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, UTP and any company commonly owned by and with UTP and their agents shall not be liable to you or any third party for any termination of use of or access to the Website, the Products and Services, or UTP Content, including your Account.

Assignment. You agree not to assign your rights under this Use Agreement without the written consent of an authorized representative of UTP in a non-electronic record, and any assignment without UTP’s consent will be voidable at UTP’s option. This Use Agreement will inure to the benefit of and bind the parties’ respective successors and permitted assigns. UTP may assign this Use Agreement and/or its rights hereunder to any successor or purchaser or UTP or substantially all of its assets.

Entire Agreement; Severability; No Waiver. This Use Agreement (including all documents and policies incorporated by reference) is the entire agreement between the parties in regard to its subject matter and supersedes all prior and contemporaneous communications between the parties. No term or provision of this Use Agreement may be waived by UTP except in a signed, non-electronic writing signed by an authorized representative of UTP.

Severability; No Partnership or Joint Venture. If any provision of this Use Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and UTP and/or any company commonly owned by or with UTP as a result of this Use Agreement or your access to or use of the Website or any other products or services available at or through the Website.

Headings. Captions and headings contained in this Use Agreement have been included for convenience only and in no way define, limit, or extent the scope of this Use Agreement or the intent of any provisions hereof.

PRIVACY POLICY

March 24, 2017
This Privacy Policy forms a part of and is incorporated by reference into the Terms and Conditions of Use (the “Terms”) and the corresponding Use Agreement governing your use or and access to the Website, the Products and Services, and UTP Content, including your Account and Your Sites. Capitalized terms not specifically defined herein will have the meanings set forth in the Terms.
By using or accessing the Website, the Products and Services, or UTP Content, you are agreeing to abide by this Privacy Policy. If you are using or accessing the Website, the Products and Services, or UTP Content on behalf of an organization, you are agreeing to abide by this Privacy Policy on behalf of that organization, and you represent and warrant to us that you have that authority. You may use or access the Website, the Product and Services, and UTP Content only in compliance with this Privacy Policy. We encourage you to read this Privacy Policy carefully before using or accessing the Website, the Products and Services, or UTP Content as it contains important information about your legal rights and duties.
If at any time you do not agree with this Privacy Policy, which may be modified by UTP as set forth below, in whole or in part, you must immediately discontinue use of the Website, the Products and Services, and UTP Content.
In this Privacy Policy, “we”, “us” or “our” refer to UTP and “you” or “your” refer to each visitor and user of the Website and each purchaser and each user of the Products and Services or UTP Content.
1. Information We Collect

Information You May Provide To Us. If you create an Account with us in order to obtain access to certain parts or the Website, to certain Products and Services, and certain UTP Content, or otherwise use the Website, the Products and Services, or UTP Content, we may ask you to provide information about you and your organization, as applicable. This information may include, among other things, your name, mailing address, email address, phone numbers and other identifying information. We may also ask for this and/or other identifying information when you request other information or materials from us or otherwise communicate or interact with us. All of the foregoing information, together with any Registration Data contemplated in the Terms, is referred to herein as “Personal Information.”

The Website, the Products and Services, and UTP Content may contain bulletin board services, news groups, forums, blogs and/or other message and communication facilities which allow you to communicate with others. Any information that you disclose through these communications services may be or become public information and may not be not subject to this Privacy Policy. Accordingly, you should exercise caution when deciding to disclose Personal Information in any such communication services areas.

Information We May Collect Automatically. Whenever you use or access the Website, the Products and Services, or UTP Content, we (or one or more third parties engaged by us for this purpose) may use a variety of technologies that automatically or passively track or collect information about your activities, including but not limited to the following:

a. We may automatically collect Information about the pages you visit or open, how long you stay on Website pages, and how you use those pages; the User Content you upload to your Account, Your Sites or otherwise provide to us, including via the Website; the UTP Content you research, use or access; the Third Party Services you research, use or access; your views, use of, access or “clicks” to hyperlinks or advertisements at the Website or integrated into the Products and Services or UTP Content for the goods and services of third parties; email deliveries, email opens and email click-throughs. This statistical data provides us with information about the use of the Website, the Products and Services, and UTP Content. This information helps us keep the Website, the Products and Services, and UTP Content fresh and interesting to our visitors and tailor content to a visitor’s interests. We may associate Usage Information with you as a specific and identifiable person and will treat that as personal information.

b. We may automatically collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the Website, any Products and Services, or UTP Content. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the Website, the Products and Services, and UTP Content, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you, and gather broad demographic information for aggregate use.

c. All of the information described in paragraphs ‘a’ and ‘b’ above being hereinafter referred to as “Usage Information.”

Usage Technologies. The technologies used to collect Usage Information, including Device Identifiers, include but are not limited to:

a. Cookies. Cookies are data files placed on a Device when it is used to visit the Website. We and our service providers may place cookies or similar files on your Device for security purposes, to facilitate site navigation and/or to personalize your experience while using or accessing the Website, the Products and Services, or any UTP Content. Cookies allow us to collect technical and navigational information, such as browser type, time spent on the Website and pages visited. Cookies allow us to select which of our features, products and services are most likely to appeal to you and display them while you are accessing or using the Website, the Products and Services, or UTP Content. If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies. However, in such event the offers we provide when you visit us may not be as relevant to you or tailored to your interests.

b. Pixel tags. A pixel tag is a transparent graphic image (sometimes called a clear GIP, transparent GIF, web bug, web beacon or tracking beacon) placed on a web page or in an email, which indicates that a page or email has been viewed. In addition, a pixel tag may tell your browser to get content from another server. The pixel tags on the Website are set only by companies we work with and supervise.

c.Email Data. We may track email that you open and links that you click within emails you receive from us.

d. Log Data. Our servers may automatically record information (“Log Data”) created by your use of or access to the Website, the Products and Services , or UTP Content. Log Data may include information such as your IP address, browser type, the referring domain, pages visited, and search terms. Other actions, such as interactions with links on the Website, may also be included in Log Data.

e. Google Analytics. We may use Google Analytics to help understand your use of or access to the Website, the Products and Services, or UTP Content. Google Analytics allows us to collect, among other things, the information sent by your browser as part of a web page request, including cookies and your IP address. Google also receives this information and their use of it is governed by their privacy policy.

f. Third Party Clickstream Data. If you use or access any Third Party Services which are not offered, sold, owned or controlled by us, you understand that the Third Party Service providers may place cookies, clear GIFs or other similar technology on your Device. This Privacy Policy does not govern the use and disclosure of any information collected by providers of Third Party Services.

g. Third Party Personal Information. The Website, the Products and Services, and UTP Content may include an “email a friend” or similar feature, which allows a user to email content to a third party. We will use the email address of that person for purposes of emailing that content to that person and may contact that person.

2. How We Use the Information We Collect
We may use the information we collect about and from you for a variety of business purposes as we determine to be appropriate from time to time in our discretion, including for example, to: (a) facilitate, process and fulfill commercial transactions between us and you and our partners; (b) facilitate administration of the Website and delivery of the Products and Services and UTP Content; (c) provide you with other products and services; (d) respond to your questions and requests; (e) provide you with access to certain parts of the Website, certain Products and Services, and certain UTP Content; (f) verify your identity; (g) communicate with you about your activities in respect of the Website, the Products and Services, or UTP Content, and, in our discretion, about any changes to the Website, the Products and Services, or UTP Content, this Privacy Policy, the Terms or any other UTP policy; (h) tailor content, advertisements, and offers we serve you; (i) improve the Website, the Products and Services, and UTP Content; (j) achieve internal business purposes; (k) process applications and transactions; (l) comply with license obligations; provide you with surveys or other information we think might be of interest to you; (m) better understand our user and subscriber base; (n) market the Website, the Products and Services, or UTP Content to others, including to providers of Third Party Services, to Content Sponsors (as defined below) and to prospective Content Sponsors; and (o) for purposes disclosed at the time you provide your Personal Information or otherwise with your consent.
3. Email Addresses.

We reserve the right to sell or share your email address to or with third parties, including under the following circumstances:

a. We may sell or share your email address with other companies affiliated with us or which are commonly controlled by or with us.

b. We are always seeking to improve the Website, the Products and Services, UTP Content, and our business. If we are sold, merged or substantially all of our assets are otherwise transferred to another entity, your email address may be transferred as part of that transaction.

c. We may sell, rent or share your email address in connection with any other commercial transaction as we determine to be appropriate from time to time. We may engage third-parties to help operate the Website and provide Products and Services or UTP Content.

d. To the extent our service providers require user email addresses to provide services, we may share your email address with them. These service providers will only be allowed to use your email address for the purpose of providing the specific services requested by us.

e. We require our service providers to undertake to maintain the confidentiality of your email address in accordance with this Privacy Policy.

f. While we strive to protect the email addresses of our users, we may disclose your email address if legally required to do so, if requested to do so by a governmental entity, or if it believes in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.

4. Sharing of Information
Except as provided in this Privacy Policy, we will not provide any of your Personal Information or Usage Information to any third parties without your specific consent; provided, however, that you acknowledge and agree that you may be required to disclose your Personal Information to others with whom you share information through the Website, the Products and Services, or UTP Content. We may share your Personal information and/or your Usage Information as set forth elsewhere in this Privacy Policy and in the following circumstances:
Third Parties Providing Services on Our Behalf. In order to carry out your requests, to make various features, services and materials available to you on the Website, in the Products and Services, or in UTP Content, or to respond to your inquiries, we may share your Personal Information and Usage Information with companies or individuals that host or operate the Website or produce or deliver the Products and Services or UTP Content. These third-party service providers will only be allowed to use your Personal Information and Usage Information for the purpose of providing the specific services requested by us. We require our service providers to undertake to maintain the confidentiality of your Personal Information and your Usage Information in accordance with this Privacy Policy. This prohibition does not include or cover links to providers of Third party Services as confirmed in the Terms and elsewhere in this Privacy Policy.Content Sponsors. We may also make certain of your Personal Information and Usage Information available as part of periodic reports or summaries or as statistical data, to third parties who sponsor content on the Website, in the Products and Services, or in UTP Content (each a “Content Sponsor”). Our agreements with Content Sponsors do not preclude the Content Sponsor from using this information to contact you via common methods of communication, but do prohibit disclosure of the information to any third party other than employees or agents of the Content Sponsor for the permitted communications.Disclosure of Aggregated Information. We may provide summary reports to our Content Sponsors, based on our analysis of data, which may include a description of activity levels by aggregated sponsored subscribers on the Website, in the Products and Services, or in UTP Content. We may also disclose aggregated subscriber statistics in order to describe our services to prospective Content Sponsors and other third parties, and for other lawful purposes.Your Agreement to Have Your Personal Information Shared. While using or accessing the Website, the Products and Services, or any UTP Content, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party, including social networking sites such as Facebook or Twitter. If you agree to have your Personal Information shared, your Personal Information will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy policy and business practices of that third party.Business Transfers. We may share your Personal Information and Usage Information with other companies affiliated with or commonly controlled by us. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all or substantially all of our assets, or assets related to the Website, the Products and Services, or UTP Content, Personal Information, Usage Information, and any other information that we have collected about the users of the Website, the Products and Services, or UTP Content may be disclosed to such entity as part of the due diligence process and will be transferred, in whole or in part, to such entity as one of the transferred assets. If so, we will seek to obligate the acquiring entity to use any information transferred in a manner consistent with this Privacy Policy, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.Legal Disclosure. We may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce the Terms or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to the Website or the public.
5. Information We Receive From Third Parties

We may receive information about you from third parties. For example, if you are on another website and you opt-in to receive information from us, that website may submit to us your email address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third party website) through which you allow us to collect (or the third party to share) information about you, including Personal Information such as lists of your friends, “likes”, comments you have shared, groups and location. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections’” web page, profile page, or similar page on a social networking or other third party website or interactive service. We may also receive information about you from our Content Sponsors or from prospective Content Sponsors.

We may also supplement the information we collect about you through the Website, the Products and Services, or UTP Content with outside records from third parties in order to enhance our ability to serve you, to tailor our Website, Products and Services, or UTP Content to you and to offer you products or services that we believe may be of interest to you. We may combine the information we receive from these third parties with information we collect through the Website. In those cases, we will apply this Privacy Statement to any Personal Information received, unless we have disclosed otherwise.

6. Your Choice and Access

You may always direct us not to share your Personal Information and Usage Information with third parties, not to use your Personal Information or Usage Information to provide you with information or offers, or not to send you newsletters, emails or other communications by: (i) sending us an email at info@unitytalentpromotions.com; (ii) contacting us by mail at John Schenk & Associates, LLC d/b/a Unity Talent Promotions, c/o Missouri Business Services, Inc., 9666 Olive Boulevard, Suite 690, St. Louis, MO 63132; or (iii) following the removal instructions in the communication that you receive. Your opt-out request will be processed within thirty (30) days of the date on which we receive it.

If you wish to modify, verify, correct, or delete any of your Personal Information collected through the Website, the Products and Services, or UTP Content, you may edit your subscriber information or contact us at the above address or email. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Website, the Products and Services, or UTP Content. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. Finally, please be aware that we do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.

7. Users Must Be At Least 13 Years Old

The Website, the Products and Services, and UTP Content are not directed to any person under the age of 13 and we do not direct targeted advertising to any person under the age of 13. Moreover, we do not knowingly collect, use or disclose personally identifiable information from any person under the age of 13. If we determine that a user is under the age of 13, we will not use or maintain personally identifiable information about that user without his/her parent/guardian’s consent, in accordance with the United States Online Privacy Protection Act of 1998 and the regulations thereunder. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete that information from our records.

Visitors aged 13 to 17 are encouraged to check with their parents or guardians before entering any information on any website, including our Website, and we encourage families to discuss their household guidelines regarding the online sharing of information. If you are under 18 years of age, you must inform your parent or guardian about this Use Agreement and may need to obtain consent from your parent or guardian before opening an Account or using, accessing or ordering any Products and Services or UTP Content.

8. End User Information

Responsibility for Your User Content. You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Website, the Products and Services, or UTP Content. If we use your User Content in the ways contemplated in this Use Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation, any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. You represent that your use of the Website, the Products and Services, and UTP Content is not contrary to law, including without limitation applicable US export controls, regulations and sanctions. You are solely responsible for User Content that is shared with others through use of the Website, the Products and Services, or UTP Content, whether on social media, the World Wide Web, or otherwise. We haven’t reviewed and will not be able to review all of the User Content made available at the Website, in the Products and Services, or in UTP Content. As a result, User Content available at the Website or through the Products and Services or UTP Content may (a) be offensive or objectionable, (b) contain errors, (c) violate intellectual property, privacy, publicity or other rights of third parties, or (d) be harmful to your computer or network. We do not represent, endorse, warrant, or guarantee any User Content. We are not a publisher of, and we are not liable for, any User Content uploaded, posted, published or otherwise made available through the Website, the Products and Services or UTP Content.

Responsibility for End Users. You may use the Website, the Products and Services, or UTP to create or publish sites, online stores and other products or services (“Your Sites”), and Your Sites may have their own visitors and users (“End Users”). You are solely responsible for compliance with any laws or regulations related to Your Sites and your End Users, including without limitation the posting of your own privacy policy. We will not provide you with any legal advice regarding Your Sites or your End Users.

Message to End Users. End Users are hereby advised that they have no contractual relationship with UTP and UTP has no contractual relationship with them. If any End Users have a request or feedback regarding the privacy of such End-User’s information, they should contact the owner of the site visited. We may have a contractual relationship with that owner governed by this Privacy Policy and other related documents. If, in fact, we have a contractual relationship with that owner and that owner submits a request to us, we will respond to it as we determine to be appropriate.

9. Security of Your Information
We take information security seriously and use certain reasonable security measures to help protect against the loss, misuse or alteration of your Personal Information. We use secure server software over a Secure Socket Layer (SSL) line in an effort to protect payment information. This encrypts all of your Personal Information, including your financial information, to prevent unauthorized access to it as it travels through our ordering system. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Website, the Products and Services, and UTP Content and provide us with your information at your own risk.
10. Other Sites
The Website, the Products and Services, and UTP Content may contain links to other sites that we do not own or operate. This includes links from advertisers, sponsors (including Content Sponsors) and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our sites (including those linked to through an email or social networking page).
11. Consent to Processing and Transfer of Information
The Website, the Products and Services, and UTP Content are governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. We make no representation that the Website, the Products and Services, or UTP Content are governed by or operated in accordance with the laws of any other nation. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, be aware that information we collect may be transferred to and processed in the United States. By accessing or using the Website, the Products and Services, and UTP Content, or providing us with any other information, you (a) acknowledge that the Website, the Products and Services, and UTP Content are subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
12. Changes
Please note, we may change, modify, add or remove information on the Website, this Privacy Statement, and/or any other term or condition in the Terms, at any time without prior notice to you.
13. Contact Us
If you have any questions or concerns about this Privacy Policy, the Website, the Products and Services, UTP Content, or your experiences with any of the foregoing, please contact us at:
Attn: Privacy Questions
John Schenk & Associates, LLC
d/b/a “Unity Talent Promotions
Attn: John Schenk
c/o Missouri Business Services, Inc
9666 Olive Boulevard, Suite 690
St. Louis, MO 63132
844-644-8220
info@unitytalentpromotions.com
14. No Legal, Tax or Financial Advice – Disclaimer

We are not a law firm and are not permitted to engage in the practice of law. Moreover, we are not an accounting firm or financial or tax advisor. As a consequence, we cannot provide legal, tax or financial advice and our employees cannot act and are not acting in any manner as your attorney, accountant or financial advisor. No communication with us is privileged. We are prohibited from providing any kind of advice, explanation, opinion, or recommendation to you about possible legal, tax, or financial rights, remedies, defenses, options or implications. The information, content and materials available at or through the Website, the Products and Services, or UTP Content are for general informational purposes only, and is not and should not be construed as legal, tax or financial advice on any subject matter.

You should not act or refrain from acting on the basis of any information, content or materials included in the Website, the Products and Services, or UTP Content without seeking appropriate advice on your particular facts and circumstances from professional advisors in your state. We expressly disclaim all liability in respect to actions taken or not taken based on any or all the information, contents or materials available at or through the Website, he Products and Services, or UTP Content.
End of Privacy Policy