Terms and Conditions
Agreement between User and www.oneunidata.com
Welcome to www.oneunidata.com. The www.oneunidata.com
website (the "Site") is comprised of various web pages operated by
Unidata LLC ("Unidata"). www.oneunidata.com is offered to you conditioned
on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of www.oneunidata.com
constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
www.oneunidata.com is an E-Commerce Site.
The purpose of the website is to sell portable WiFi devices
and manage subscription and data packages for the use of the portable WiFi
devices.
Privacy
Your use of www.oneunidata.com is subject to Unidata's
Privacy Policy. Please review our Privacy Policy, which also governs the Site
and informs users of our data collection practices.
Electronic Communications
Visiting www.oneunidata.com or sending emails to Unidata
constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures and
other communications that we provide to you electronically, via email and on
the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Unidata is not
responsible for third party access to your account that results from theft or misappropriation
of your account. Unidata and its associates reserve the right to refuse or
cancel service, terminate accounts, or remove or edit content in our sole
discretion.
Children Under Thirteen
Unidata does not knowingly collect, either online or
offline, personal information from persons under the age of thirteen. If you
are under 18, you may use www.oneunidata.com only with permission of a parent
or guardian.
Cancellation/Refund Policy
You may cancel your subscription at any time. There are no
cancellation fees. However, under no circumstance the user will qualify for a
refund. Please contact us at info@oneunidata.com with any questions.
Links to Third Party Sites/Third Party Services
www.oneunidata.com may contain links to other websites
("Linked Sites"). The Linked Sites are not under the control of
Unidata and Unidata is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Unidata is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by Unidata of the site or any association with its operators.
Certain services made available via www.oneunidata.com are
delivered by third party sites and organizations. By using any product, service
or functionality originating from the www.oneunidata.com domain, you hereby
acknowledge and consent that Unidata may share such information and data with
any third party with whom Unidata has a contractual relationship to provide the
requested product, service or functionality on behalf of www.oneunidata.com
users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use www.oneunidata.com strictly in accordance with these
terms of use. As a condition of your use of the Site, you warrant to Unidata
that you will not use the Site for any purpose that is unlawful or prohibited
by these Terms. You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through the Site.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of Unidata or its suppliers and protected by
copyright and other laws that protect intellectual property and proprietary
rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will
not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. Unidata
content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no
other use of the content without the express written permission of Unidata and
the copyright owner. You agree that you do not acquire any ownership rights in
any protected content. We do not grant you any licenses, express or implied, to
the intellectual property of Unidata or our licensors except as expressly
authorized by these Terms.
International Users
The Service is controlled, operated and administered by
Unidata from our offices within the USA. If you access the Service from a
location outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use the Unidata Content accessed through
www.oneunidata.com in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Unidata,
its officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorney's fees) relating
to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. Unidata reserves the right, at its own
cost, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate with
Unidata in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take
place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Unidata
agree otherwise, the arbitrator may not consolidate more than one person's
claims, and may not otherwise preside over any form of a representative or
class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. UNIDATA LLC
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME.
UNIDATA LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. UNIDATA
LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL UNIDATA LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UNIDATA LLC OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Unidata reserves the right, in its sole discretion, to
terminate your access to the Site and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law,
this agreement is governed by the laws of the State of California and you
hereby consent to the exclusive jurisdiction and venue of courts in California
in all disputes arising out of or relating to the use of the Site. Use of the
Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Unidata as a result of this
agreement or use of the Site. Unidata's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of Unidata's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by Unidata with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Unidata with respect to
the Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and Unidata
with respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.
Changes to Terms
Unidata reserves the right, in its sole discretion, to
change the Terms under which www.oneunidata.com is offered. The most current
version of the Terms will supersede all previous versions. Unidata encourages
you to periodically review the Terms to stay informed of our updates.
Contact Us
Unidata welcomes your questions or comments regarding the
Terms:
Unidata, LLC
Email Address:
info@oneunidata.com
Effective as of June 01, 2021