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Information provided in the registration process will be used by UPI
for internal purposes in order to provide secure and quality service
over the On-Line Customer Service Applicaton. User activity may be
monitored and recorded by system personnel. Anyone using the system
expressly consents to such monitoring and recording. If possible criminal
activity is detected, records may be provided to law enforcement officials,
resulting in criminal and/or civil prosecution.
By registering for or entering a user ID and password, you further
agree to the following terms and conditions of use:
- I agree that I am a UPI customer (hereafter "Customer") who
is over the age of eighteen (18) and is authorized to access the
On-Line Customer Service Application, and is lawfully authorized
to transact business with UPI;
- Customer agrees to take all reasonable steps to protect confidential
information concerning UPI prices or services and to not disclose
UPI's confidential information to unauthorized persons;
- Customer agrees to keep the assigned user ID a °o‚r password
confidential and to immediately notify UPI if there is reason
to believe the assigned user ID or password has been improperly
disclosed or otherwise compromised;
- Customer agrees that claims, losses and direct or consequential
damages resulting from Customer's carelessness or negligence with
respect to the assigned user ID and/or password are the responsibility
of Customer;
- Customer agrees and understands that even if all reasonable
steps to secure the confidentiality of UPI information and/or
Customer information are followed, there is still a risk that
information communicated over the On-Line Customer Service Application
could be compromised. Customer expressly accepts such risk and
waives any claim or cause of action for losses or damages which
in any way arise out of the unintentional disclosure of Customer's
confidential information;
- Customer agrees that in the event of any dispute concerning
transactions processed or requested on the On-Line Customer Service
Application, UPI's records of such transactions are prima facie
proof of the transaction and that Customer bears the burden of
challenging the validity of UPI's records;
- Customer agrees that in the event of any obvious discrepancy
between the transactions requested on the On-Line Customer Service
Application, quotes or other terms embodied in any contract between
UPI and Customer, UPI shall have the right and duty to suspend
the requested transaction until the discrepancy can be resolved
with Customer. In the absence of such obvious discrepancy, the
transaction requested on the On-Line Customer Service Application
will control;
- Customer agrees that the services provided on the On-Line Customer
Service Application and any accompanying software are provided
on an "AS IS" basis without warranties of any kind. UPI AND CUSTOMER
EXPRESSLY AGREE THAT UPI HAS DISCLAIMED ALL EXPRESS AND IMPLIED
WARRANTIES IN THE ON-LINE CUSTOMER SERVICE APPLICATION, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR PARTICULAR USE OR THAT THE OPERATION OF THE ON-LINE
CUSTOMER SERVICE APPLICATION WILL BE UNINTERRUPTED, ERROR FREE
OR VIRUS FREE;
- Customer agrees and understands that UPI assumes no responsibility
for claims, losses or damages, whether direct or consequential,
resulting from use of the On-Line Customer Service Application;
- Customer agrees that it has been given permission and the limited
right to use the On-Line Customer Service Application for the sole
purpose of transacting business with UPI;
- Customer agrees that UPI may, in its sole discretion, amend,
modify or change the On-Line Customer Service Application and/or
this Terms of Use Agreement. Any such amendment, modification
or change shall be communicated to Customer via e-mail or postal
mail. If the Terms of Use Agreement is no longer acceptable to
Customer, Customer may cancel this agreement by sending e-mail
or postal mail to the address listed below. Customer's continued
use of the service following notice of any amendment, modification
or change to this agreement will constitute a binding acceptance
of such amendment, modification or change;
°o‚ - Customer understands that UPI may terminate this agreement at
any time by sending notice to Customer. Customer is responsible
for all transactions requested and processed prior to termination;
and
- Customer agrees that if any provision of this Agreement shall
be held by a court of competent jurisdiction to be illegal, invalid
or unenforceable, the remaining provisions shall remain in full
force and effect. No waiver of any breach of any provision of
this Agreement shall constitute a waiver of any other breach of
the Agreement or any other provisions hereof.
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This Agreement shall be governed by the laws of the State of California, U.S.A.
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