Web site User Agreement
1. Acceptance of Terms
United American Corp, Inc. and/or its subsidiaries,
hereafter collectively referred to as “the Company”,
or "we", "us", "our"), provides access
to the Company website, located at www.unitedamericancorp.com
(the "Site") subject to your acceptance of this Website
User Agreement ("Agreement"). This Agreement may be updated
by from time to time without prior notice to you. We encourage you
to review this Agreement periodically for any updates or changes.
By accessing, browsing, framing, using and/or linking
to the Site, you become a User (defined herein) and agree to be
bound by the terms of this Agreement. This Agreement was last revised
on September 29, 2003. When using a particular feature of the Site,
you may also be subject to any posted guidelines, rules, terms of
service, acceptable use policies, privacy policies, or other contractual
provisions as noted. In the event of a conflict between any other
agreements, rules, policies, or terms of service and this Agreement,
the provisions of this Agreement shall govern. If you have any questions
about this User Agreement please contact the Company by e-mail at
policy@unitedamericancorp.com before using the Site.
2. Types of Users
Any person accessing, browsing, or otherwise using
the Site, either manually or via an UATomated device or program,
shall be deemed a "User" under this Agreement.
3. Privacy
You agree that you have read and understand the
terms of the Company’s Privacy Policy, which can be accessed
at www.unitedamericancorp.com by clicking on the link to
"Privacy Policy."
4. Use of the Site
You understand that the Company cannot and does not
guarantee or warrant that files available for downloading from the
Site will be free of infection or viruses, worms, Trojan horses,
time bombs, cancelbots or other computer programming routines that
are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information.
You are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
5. System Integrity
You may not use any device, software or routine
to interfere with the proper working of the Site. You may not take
any action that imposes an unreasonable burden upon the infrastructure
used to support the efficient operation of the Site including but
not limited to unsolicited e-mail (i.e. "Spam").
6. RISK; INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT
ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED
BY AN UNUATHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED
THEREWITH IS SOLELY YOURS.
7. NO WARRANTIES
THE COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY MERCHANDISE
OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY,
AND THE COMPANY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO
THROUGH THE SITE. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED
WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
THE COMPANY DOES NOT WARRANT THAT THE SITE OR SERVICES
WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE
CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE
ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS.
8. System Outages
The Company periodically schedules system downtime
for maintenance and other purposes. Unplanned system outages may
also occur. The Company shall have no liability whatsoever for the
resulting unavailability of the Site or for any loss of data or
transactions caused by planned or unplanned system outages or the
resultant delay, misdelivery, nondelivery of information caused
by such system outages, or any third party acts or any other outages
of web host providers or the Internet infrastructure and network
external to the Site.
9. Indemnification
You agree to indemnify, defend and hold the Company
and its affiliates, officers, directors, employees and agents harmless
from and against any and all claims, demands, actions, costs, liabilities,
losses and damages of any kind (including actual attorneys' fees)
resulting from (i) your use, misuse or abuse of the Site, (ii) your
use of services provided through the Site, or (iii) your breach
of any provision of this Agreement. You will cooperate as fully
as reasonably required in the Company’s defense of any claim.
The Company reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any
matter without the written consent of the Company.
10. Intellectual Property
The contents of the Site, such as text, graphics,
logos, audio clips, video, photographs, software, and other information
(the "Content") is the property of the Company and/or
its affiliates or partners, and is protected by federal and international
copyright and trademark laws, or other proprietary rights. These
rights are protected in all forms, media and technologies existing
now or hereinafter developed. You may print and download portions
of material from the different areas of the Site solely for your
non-commercial use within your organization only. No portion of
the Content may be reprinted, republished, modified, or distributed
in any form without the express written permission of the Company.
You may not, and this Agreement does not give you permission to,
reproduce, reverse engineer, decompile, disassemble, modify, transmit,
sell, distribute, license or create derivative works with respect
to the Site. Certain content may be licensed from third parties
and all such third party content and all intellectual property rights
related to the content belong to the respective third parties. You
may not remove, alter or modify any copyright, trademark or other
intellectual property or proprietary notice or legend contained
on the Site or the Content. Any rights not expressly granted by
this Agreement or any applicable end-user license agreements are
reserved by the Company.
Nothing contained herein shall be construed as conferring by implication,
estoppel or otherwise any license or right under any patent or trademark
of the Company or any third party. Except as expressly provided
above nothing contained herein shall be construed as conferring
any license or rights under any Company’s copyright.
11. Policy Regarding Copyright Infringement
and Designation of a Copyright Agent
The Company’s policy regarding copyright infringement
and the Company’s designated agent for receipt of copyright
infringement claims pursuant to the Digital Millennium Copyright
Act (17 USC - 512) is incorporated herein and follows below:
The Company respects the intellectual property rights
of others and requires those that visit our web site to do the same.
The Company may, in appropriate circumstances and at its discretion,
remove or disable access to material on its web site that infringes
upon the copyright rights of others. The Company also may, at its
discretion, remove or disable links or references to an online location
that contains infringing material or infringing activity.
If you believe that your work has been used on our
web site in any manner that constitutes copyright infringement,
please notify the Company’s copyright agent by written notice.
The notice should include the following information:
- An electronic or physical signature of a person UAThorized
to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed,
including a copy of the copyrighted work or the web page address
where the copyrighted work may be found;
- Identification of the location on our website of the material
you claim has been infringed, or the link or reference to another
website that contains the material you claim has been infringed;
- 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 at issue is not UAThorized by the
copyright owner, the agent of the copyright owner or the law;
and
- A statement by you, under penalty of perjury, that the information
in this notification is accurate and that you are the copyright
owner of the material allegedly infringed or UAThorized to act
on the copyright owner's behalf.
The Company's copyright agent for notice of claims
of copyright infringement on this website is Michel Plante who can
be reached as follows:
By mail:
United American Corp, Inc.
2300 Avenue West Sahara
Las Vegas NV 89102
USA
By email: blaliberte@unitedamericancorp.com
By telephone: (514) 313-3433
12. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES)
THAT RESULT FROM: (I) THE USE OF OR INABILITY TO USE THE SITE; (II)
THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING
FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNUATHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER
RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH
SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE
THROUGH THE SITE. IN NO EVENT SHALL THE COMPANY'S TOTAL CUMMULATIVE
LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES
PAID, IF ANY TO THE COMPANY FOR THE USE OF THE SITE BY YOU OR $50.
BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS
OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF
THE COMPANY, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
13. Your Account Obligations
In consideration of your use of the Site you agree to: (i) provide
true, accurate, and current and complete information about yourself
and your organization as prompted by the Site (the "Registration
Information"); and (ii) maintain and update the Registration
Information to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current
or incomplete, or we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, we
may suspend or terminate your account and decline to permit your
continued use of the Site and future access to the Site.
You are responsible for maintaining the confidentiality of your
password and account number, and are fully responsible for all activities
that occur under your password. You agree that your password may
be used to attribute an electronic record and electronic signature
to you. Therefore, you shall not disclose your passwords or account
identification information to third parties. You agree to immediately
notify us of any unUAThorized use of your password or any other
breach of security. The Company shall not, in any manner, be responsible
or liable for fraudulent purchases that are made using your compromised
password.
14. No Endorsement of Content and Links to Other Web Sites
The Company will make reasonable efforts to include up to date
and accurate information in this Site, but makes no representations,
warranties, or assurances as to the accuracy, currency or completeness
of the Content provided, including third party information, such
as, but not limited to, press releases, articles, bibliographies,
securities analyst information, etc. or information from third-party
web sites linked to or from this Site.
Any links to other sites are provided as merely a convenience
to the Users of this Site. This Site may provide links or references
to other sites but the Company has not reviewed all of these other
sites, has no responsibility for the content of such other sites
and shall not be liable for any damages or injury arising from any
such content. Thus, the Company does not endorse or make any representations
about these sites, or any information or other products or materials
found there, or any results that may be obtained from using them.
If you decide to access any of these other sites linked to this
Site, you do so entirely at your own risk.
15. Governing Law
This Agreement and access to the Site shall be governed by and
construed in accordance with the law of the State of Nevada, exclusive
of its choice of law rules and matters affecting copyrights, trademarks
and patents under U.S. federal law.
16. Choice of Forum
You hereby irrevocably and unconditionally consent to submit to
the exclusive jurisdiction of the courts of the State of Nevada
and of the United States of America located in the State of Nevada
for any litigation arising out of or relating to use of the Site
or purchases of services made through the Site (and agree not to
commence any litigation relating thereto except in such courts).
You hereby irrevocably and unconditionally waive any objection to
the laying of venue of any such litigation in the Nevada Courts
and agree not to plead or claim in any Nevada Court that such litigation
brought therein has been brought in an inconvenient forum.
17. International Users
The Company makes no claims that the Content is appropriate or
may be downloaded outside of the United States. Access to the Content
may not be legal in certain countries or for certain persons. If
you access the Site from outside of the United States, you do so
at your own risk and are responsible for compliance with the laws
of your jurisdiction, notwithstanding sections 15 and 16 above.
18. User Feedback
Should any User respond to the Company with information including
feedback, such as questions, requests, opinions, comments, suggestions,
or the like regarding the content of any the Company document, the
Site, or the Company services, such information shall be deemed
to be non-confidential and the Company shall have no obligation
of any kind with respect to such information and shall be free to
reproduce, use, disclose and distribute the information to others
without limitation. The Company shall be free to use any ideas,
concepts, know-how or techniques contained in such information for
any purpose whatsoever including but not limited to developing,
manufacturing and marketing products incorporating such information.
19. Forward Looking Statements
Some of the Content on this Site may contain projections or other
forward-looking statements regarding future events or the future
financial performance of the Company. We wish to cUATion you that
these statements are only predictions and that actual events or
results may differ materially. We refer you to the documents that
the Company files from time to time with the Securities and Exchange
Commission, specifically, the Company’s most recent Form 10-K
and Form 10-Q. These documents contain and identify important factors
that could cause the actual results to differ materially from those
contained in our projections or forward-looking statements, including,
among others, potential fluctuations in quarterly results; expansion
and deployment of our network; expansion of our sales and marketing
efforts; rapid technological and market change; volatility of stock
price, financial risk management, and future growth subject to risks.
20. Acceptable and Lawful Use of the Site
Any information provided to the Company in connection with use
of the Site: (a) shall not be false, inaccurate or misleading; (b)
shall not be obscene or indecent; (c) shall not contain any viruses,
Trojan horses, worms, time bombs, or other computer programming
routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information; (d) shall not infringe on any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights
of publicity or privacy; (e) shall not be defamatory, libelous,
unlawfully threatening or harassing; and (f) shall not create liability
for the Company or cause us to lose the services of our Internet
service providers or other suppliers.
The sender of any communications to this Site or otherwise to the
Company shall be responsible for the content and information contained
therein, including its truthfulness and accuracy. This Site is provided
as a service to its visitors. The Company reserves the right to
delete, modify or supplement the Content of this Site at any time
for any reason without notification to anyone.
21. Severability
In the event that one or more portions of this Agreement shall,
for any reason, be held to be invalid, illegal or unenforceable
in any respect, such validity, illegality or unenforcability shall
not affect any other provision contained in this Agreement.
22. Headings
The headings used throughout this Agreement are solely for the
convenience of reference and are not to be used as an aid in the
interpretation of this Agreement.
23. No Waiver
Any delay or failure by you or the Company, at any time or times,
to require performance of any provision hereof shall in no manner
affect your or the Company ‘s right at a later time to enforce
such provision. No delay or failure of you or the Company in exercising
any right hereunder shall constitute a waiver of such right or any
other rights hereunder.
24. Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated by reference
constitute the entire agreement between the Company and you pertaining
to the subject matter hereof.
At its sole discretion, the Company may unilaterally amend or
modify this Agreement or any other documents referenced herein at
any time by posting on the Site. Any amended or modified terms will
be effective upon posting. Continued use of the Site constitutes
acceptance of any modified terms and conditions. If you have any
questions about this Agreement, contact us at policy@unitedamericancorp.com.
25. Assignment
You may not assign your rights or delegate your responsibilities
hereunder without the express written permission of the Company;
except pursuant to the sale of your business, or all or substantially
all of its assets. The Company may, at any time, assign its rights
or delegate its obligations hereunder without notice to you.
26. Third Party Beneficiary Rights
No person nor a party to this Agreement is intended to be a beneficiary
of this Agreement, and no person not a party to this Agreement shall
have any right to enforce any term of this Agreement.
27. Termination
The Company may immediately issue a warning, suspend or terminate
your access to the Site or for breach of this Agreement (or any
other agreement or policy incorporated by reference herein), or
if we are unable to verify or UAThenticate any information you provide
to us, or for any other reason in our discretion. You may terminate
your account by contacting us at policy@unitedamericancorp.com or at (514) 313-3433. |