1. Acceptance of Terms.
UL provides you with access to the Site, and the features and services from the Site such as embedded video, postings, etc., subject to the following Terms. By accessing and using the Site, you accept and agree to be legally bound by the terms and conditions contained in the Terms. If you do not agree to these Terms, you should not access or use the Site.
These Terms may be updated, added to or deleted from by UL from time to time without notice to you. Any such modifications, additions or deletions will be effective immediately upon posting to the Site, and we will note near the top of this page the date that such changes were made and/or when they become effective. Your continued use of the Site after such posting shall be deemed to constitute acceptance by you of the changes. Also, UL may change or discontinue any aspect, service or feature of the Site (e.g., content, availability, etc.) at any time.
2. Contests, Sweepstakes and Other Activities
UL provides additional terms and conditions, rules and/or guidelines ("Additional Terms") for certain activities on this Site, including without limitation contests and sweepstakes. The Additional Terms are incorporated into these Terms by this reference. To the extent that any conflict exists between these Terms and the Additional Terms, the Additional Terms for the activity in which you choose to participate control.
3. Suggestions Submitted to UL
By submitting ideas, suggestions, documents, and/or proposals ("Suggestions") to UL through its suggestion or feedback pages, you acknowledge and agree that: (a) your Suggestions do not contain confidential or proprietary information; (b) UL is not under any obligation of confidentiality, express or implied, with respect to the Suggestions; (c) UL may use or disclose (or choose not to use or disclose) your Suggestions for any purpose, in any way, in any media worldwide (excluding any personal information included in the Suggestions); (d) UL may have something similar to the Suggestions already under consideration or in development; (e) your Suggestions automatically become the property of UL without any obligation of UL to you and you hereby assign to UL all right, title and interest (including all intellectual property rights) in such Suggestions; and (f) you are not entitled to any compensation or reimbursement of any kind from UL under any circumstances.
4. UL's Intellectual Property Rights.
You acknowledge that the Site contains text, software, logos, slogans, photos, video, graphics, music and sound, and other content (collectively, "Content") that is protected by copyright, trademark, trade dress, patent, trade secret and/or other intellectual or proprietary rights. The Content and all rights therein is the exclusive property of UL or its licensors. Without limiting the generality of the foregoing, UL owns copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in some or all of the content original to it. You may not copy, modify, decompile, reverse engineer, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content in whole or in part without the express permission of UL and its licensors or as otherwise expressly permitted by applicable law. You acknowledge that you do not acquire any ownership rights in the Content by use of the Site.
The Site may include, or third parties may provide, links to other websites or resources. You acknowledge and agree that UL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that UL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
6. Scope of Use
By using the Site, you agree to: (a) accurately furnish all contact and other information submitted to UL and promptly notify UL of any change in the information; (b) not use the Site in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (c) not use the Site in any manner unintended by UL; (d) not use the Site in any manner that could harm UL, its service providers, its affiliates, or any other person; and (e) comply with any other reasonable requirements or restrictions requested or imposed by UL.
In addition to the limitations above, you further agree to the following rules of conduct:
- You agree not to impersonate any person, entity or IP address (e.g., IP spoofing), including, but not limited to, any UL employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- You agree not to "stalk" or otherwise harass another;
- You agree not to collect or store personal information about other users or otherwise violate another user's privacy;
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site;
- You agree not to gain or try to gain unauthorized access to the Site, UL’s computers and networks, or UL’s user data, or that otherwise modifies or interferes with the use or operation of the Site;
- You agree not to impose an unreasonable or disproportionately large load on UL’s, its affiliates’ or its business partners’ infrastructure;
- You agree not to alter, damage, or delete any Content provided by UL; or
- You agree not to otherwise violate these Terms or any other guidelines or policies provided by UL.
7. Disclaimer of Warranty; Limitation of Liability.
A. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UL, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) NON-INFRINGEMENT; (iii) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iv) WITH RESPECT TO THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE.
B. NEITHER UL, ITS SUBSIDIARIES AND AFFILIATES, EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
C. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UL, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, SUGGESTIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
8. IndemnificationYou agree to indemnify and hold UL, its subsidiaries and affiliates, and each of their respective trustees, officers, employees, agents, contractors, partners, content providers and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (A) Suggestions or other information you submit, post, transmit, modify or otherwise make available through the Site; (B) your use of the Site; (C) your violation of these Terms; or (D) your violation of any rights of another.
UL may terminate, limit or suspend your access to the Site at any time without notice to you. Grounds for such termination, limitation of access or suspension include without limitation: (A) breaches or violations of these Terms (including any Additional Terms); (B) requests by law enforcement or other government agencies; (C) discontinuance or material modification to the Site (or any part thereof); (D) unexpected technical or security issues or problems; and/or (E) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in UL’s sole discretion and that UL shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site.
10. Copyright Compliance
UL respects the rights of all copyright holders and has adopted and implemented a policy that provides for the termination in appropriate circumstances of users infringe the rights of copyright holders. If you believe that your work has been copied or used in a way that constitutes copyright infringement, please provide UL the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- 1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 2.Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 3. 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;
- 4.Information reasonably sufficient to permit us to contact the complaining party;
- 5.A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 6.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact UL at: firstname.lastname@example.org
11. Personal Information
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against UL arising out of, relating to, or connected in any way with these Terms or the Site, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and UL; (3) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or UL's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, UL will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor UL shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, you may visit the AAA website athttp://www.adr.org.
A. Entire Agreement. These Terms (including any Additional Terms) constitute the entire agreement between you and UL and governs your use of the Site, superseding any prior version of these Terms between you and UL with respect to the Site. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.
B. Choice of Law and Forum. You and UL each agree that these Terms and the relationship between the parties shall be governed by the laws of the state of Illinois, USA without regard to any conflict of law provisions or rules and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and UL, shall be brought exclusively in the courts located in Cook County or the U.S. District Court for the Northern District of Illinois. You and UL each agree to submit to the personal jurisdiction of the courts located within Cook County or the Northern District of Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
C. Waiver and Severability of Terms. The failure of UL to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
D. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
F. Account Security. You are responsible for safeguarding the password that you use to access the Site and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify UL of any unauthorized use of your account. You agree that no data or other content transmitted over the UL networks, the Internet, or wirelessly is guaranteed to be secure. UL is not guaranteeing that any data or other content that you submit or transmit to UL will be free from unauthorized intrusion. You acknowledge that if you wish to protect your transmission of data or files to UL, it is your responsibility to use a secure encrypted connection to communicate with the Site.