In this area, you will find information about your use of the UMS Web site, using Universal Management Solutions (UMS) logos, notifying UMS of possible copyright infringement, reporting piracy of UMS products, UMS statement on privacy, and other issues.
UMS encourages you to review the Terms of Use, which govern your use of this Web site.
Terms of Use
Welcome to the UMS Web site (the "Site"). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice to you.
Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.
1. Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization of UMS.
2. Use of Software
Any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and UMS. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.
3. Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin board, news group, letter to UMS, its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by UMS, you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to UMS, you automatically grant (or warrant that the owner of such rights has expressly granted) UMS a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
4. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify UMS immediately of any unauthorized use of your password(s).
UMS is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.
5. Termination of Use
You agree that UMS may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by UMS.
6. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that UMS is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that UMS is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that UMS is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that UMS is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UMS MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. UMS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
UMS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
8. Limitation of Liability
IN NO EVENT SHALL UMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnity
You agree to defend, indemnify and hold harmless UMS, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.
10. Privacy Policy
UMS is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at Privacy Policy.
11. Note About Children
Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
12. Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of UMS in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of UMS outside the U.S. Neither the services of UMS nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.
13. Applicable Laws
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of New York. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Westchester County, New York. You and UMS agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
14. Copyright Information
Copyright © 2011, Universal Management Solutions, LLC. All rights reserved.
Other names appearing on the Site may be trademarks of their respective owners.
15. Contact Information
If you have any questions regarding these Terms of Use, or if you have any other questions regarding the Site, please contact UMS at info@umsol.net.
Third Party Usage Guidelines for UMS Trademarks
UMS trademarks and service marks ("UMS trademarks") are valuable assets that UMS needs to protect. We ask that you help us by properly using and crediting UMS trademarks in accordance with these guidelines. For information about proper use of UMS logos, logotypes, signatures, and design marks, please review the Third Party Usage Guidelines for UMS Logos.
Permissible Use
You may generally use UMS trademarks to refer to the associated UMS products or services. For instance, an authorized reseller can note in its advertisements that it is selling the UMS application server. Similarly, an UMS customer may issue a press release stating that it has implemented UMS software.
Relationship of Products or Services
You may indicate the relationship of your products or services to UMS products or services by using accurate, descriptive tag lines such as "works with UMS software" in connection with your product or service name. Within text or body copy, such tag lines may appear in the same type as your product or service name. On product, packaging, advertising and other collateral where your product or service name is displayed apart from body copy, make sure that the tag line appears in significantly smaller type than your name. You should also distinguish the tag line from your mark by using a different font or color. However, UMS or the tag line should never appear in the UMS red color. This is important to avert any implication that your product or service is produced or endorsed by UMS.
Titles
UMS permits use of its marks in single volume book titles (not magazines or periodicals) where such use is descriptive or referential. To avoid misleading the public as to UMS sponsorship, affiliation or endorsement, the UMS mark must not appear more prominently than the rest of the title, and do not use UMS logos on the cover. In addition, we request that you include a disclaimer of association with UMS on the copyright page.
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Prohibited Use
You may not use UMS trademarks in a manner which could cause confusion as to UMS sponsorship, affiliation or endorsement. Take particular care not to use UMS marks as set out below.
Company, Product or Service Names
Do not use UMS trademarks or potentially confusing variations as all or part of your company, product or service names. If you wish to note the relationship of your products or services to UMS products or services, please use an appropriate tag line as detailed below. For example, "XYZ for UMS database" not "UMSXYZ or XYZ UMS"
Logos
For more information regarding use of UMS logos, please review the Third Party Usage Guidelines for UMS Logos.
Trade Dress
You must not imitate UMS trade dress, type style or logos. For instance, do not copy UMS packaging for use with your product or display your product name in the distinctive logotype associated with the UMS logo.
Domain Names
Do not use UMS trademarks or potentially confusing variations in your Internet domain name. This helps prevent Internet users from being confused as to whether you or UMS is the source of the Web site.
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Correct Use
Proper use of UMS trademarks reinforces their role as brands for our products and services, and helps prevent them from becoming generic names that can be used by anyone. Examples of former trademarks that became generic terms are "aspirin," "cellophane," and "escalator." By adhering to the following rules, you help protect the UMS investment in its trademarks.
Use as Adjectives
UMS trademarks are adjectives and should not be used as nouns, or in the possessive or plural form. For example, "UMS asset management benefits.." not "UMS's benefits..."
Avoid Variations
Do not vary UMS trademarks by changing their spelling or abbreviating them. For example, "UMS knowITall Suite" not "Know it All."
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Copyright Information
Procedure for Making Claims of Copyright Infringement
UMS Corporation respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on an UMS Web site in a way that constitutes copyright infringement, please send a notice to info@UMSOL.net and provide the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
- A description of where the material that you claim is infringing is located, such as the URL where it is posted;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Reporting Piracy of UMS Products
If you believe that UMS software or documentation is being copied, sold or distributed without licenses or permission from UMS, please contact the Legal Department at info@UMSOL.net.