Thank you for visiting the Universal Marketing Partners™ website located at www.universalmarketingpartners.com (the “Website”). The Website is a business division of, and operates as a separate line of business within, Universal Marketing Partners (“Universal Marketing Partners™,” “we,” “us”). By using and/or accessing the Website, you are agreeing to comply with and be bound by the following Terms and Conditions (the “Agreement”). This Agreement is inclusive of any operating rules, policies, price schedules or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the following terms of this Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Website in any manner or form.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Agreement with respect to your use of the Website. This Agreement constitutes the entire and only agreement between you and Universal Marketing Partners™ with respect to your use of the Website, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website. By your continued use of the Website, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
2. Requirements. The Website is available only to individuals who can enter into legally binding contracts under applicable law. The Website is not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18) and/or not a citizen of the United States, you do not have permission to use and/or access the Website.
4. License Grant. As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and associated content in accordance with this Agreement. Universal Marketing Partners™ may terminate this license at any time for any reason. You may use the Website on one computer for your own personal, non-commercial use. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, any content featured therein or any portion thereof. Universal Marketing Partners™ reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on Universal Marketing Partners™ infrastructure. Your right to use the Website is not transferable.
5. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Website is strictly prohibited. You do not acquire ownership rights any content, document, software, services or other materials viewed at or through the Website. The posting of information or material on the Website by Universal Marketing Partners™ does not constitute a waiver of any right in such information and/or materials.
6. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Website.
7. Indemnification. You agree to indemnify and hold Universal Marketing Partners™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Universal Marketing Partners™, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
8. Disclaimer of Warranties. THE WEBSITE AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PUSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, UNIVERSAL MARKETING PARTNERS™ MAKES NO WARRANTY THAT: (A) THE WEBSITE AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C)YOU WILL QUALIFY FOR THE SERVICES; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNIVERSAL MARKETING PARTNERS™ OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNIVERSAL MARKETING PARTNERS™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UNIVERSAL MARKETING PARTNERS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE; (C) THE FAILURE TO QUALIFY FOR THE SERVICES; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE UNIVERSAL MARKETING PARTNERS™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF UNIVERSAL MARKETING PARTNERS™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE TWO HUNDRED AND FIFTY DOLLARS ($250.00). YOU HEREBY RELEASE UNIVERSAL MARKETING PARTNERS™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSAL MARKETING PARTNERS™. THE WEBSITE, THE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
10. Third Party Websites. The Website may provide and/or refer you to links to other Internet websites and/or resources. Because Universal Marketing Partners™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Universal Marketing Partners™ is not responsible for the availability of such third party websites and/or resources. Furthermore, Universal Marketing Partners™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
12. Legal Warning. Any attempt by any individual, whether or not a Universal Marketing Partners™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website, is a violation of criminal and civil law and Universal Marketing Partners™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
13. Miscellaneous. This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York County, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement is personal between you and Universal Marketing Partners™ and governs your use of the Website, superseding any and all prior and/or contemporaneous agreements between you and Universal Marketing Partners™. To the extent that anything in or associated with the Website and/or any Universal Marketing Partners™ offering is in conflict or inconsistent with this Agreement, this Agreement shall take precedence; provided, however, that where there is a conflict between this Agreement and the Services Agreement, the Services Agreement shall take precedence on all matters. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.
14. Contact Us. If you have any questions regarding this Agreement, or would like more information from us, please contact us at: [email protected].