Terms and Conditions
By using or accessing any aspect of the Website, you agree to be bound by this Agreement. This Agreement may be updated or modified by UTP from time to time, without notice. Your continued access of the Website will constitute your acceptance of any changes or revisions to this Agreement.
When accessing or using the Website, you are solely responsible for your use of the Website. You are responsible for compliance with any applicable laws.
All materials on or available through the Website, including text, images, data and illustrations (collectively, the “Materials”) are protected by U.S. and international copyright, trademark and other intellectual property laws, and are owned, controlled, or licensed by UTP. Unauthorized copying, reproduction, republishing, uploading, posting, transmitting or duplicating the Materials, in whole or in part, is prohibited.
UTP hereby grants you a limited personal, non-exclusive and non-assignable license to visit, view and retain a copy of the Materials for your own personal, non-commercial use only.
This license shall automatically terminate if you violate any of these terms and conditions and may be terminated by UTP at any time. Upon any such termination, you must destroy any downloaded Materials in your possession whether in electronic or printed format.
Nothing herein grants you any license, express or implied, to use any of UTP’s federal or common law trademarks, or any similar branding intellectual property of UTP.
You are using the Website at your own risk. The Website and the Materials are provided on an “as is” and “with all faults” basis, without warranty of any kind, either express or implied. UTP hereby disclaims and negates all other warranties, including without limitation, implied warranties of merchantability, fitness for a particular purpose, freedom from computer virus or non-infringement of intellectual property or other violation of rights. Neither UTP, nor any of its managers, members, employees, officers, agents, assigns, successors or representatives, represents or warrants the accuracy, likely results, or reliability of the Materials, any information contained on the Website or in the Materials or any information contained on third party websites linked on the Website.
Limitation of Liability
In no event shall UTP, or any of its managers, members, employees, officers, agents, assigns, successors or representatives be liable for any direct, indirect, incidental, special, punitive, reliance, delay, consequential or any other special damages, losses or expenses in connection with the use of or inability to use the Website or the Materials, whether based on warranty, contract, tort or any other legal theory, whether or not UTP is aware of the possibility of such damages.
You agree to indemnify, hold harmless and defend UTP and UTP’s managers, members, employees, officers, agents, assigns, successors or representatives (collectively, the “UTP Indemnitees”) from any and all losses, liability, damages, obligations, costs and expenses (including attorneys’ fees), lawsuits, actions, proceedings, and claims (including, but not limited to, (i) your violation of this Agreement, (ii) your use of and access to the Website or the Materials, and/or (iii) your violation of any copyright, trademark, trade dress, trade secret or privacy right of any third party) arising out of or in connection with the use of the Website or the Materials. In the event UTP or any UTP Indemnitee is required to commence an action to enforce this provision, you shall pay all of UTP’s and/or UTP Indemnitee’s legal costs and expenses.
UTP may collect information from you including name, phone number and email address on a voluntary basis (for example, through the Contact Us page or the Careers page). UTP does not require you to submit any information to UTP. Personal information you submit to UTP may be used to respond to inquiries or to aid in serving you better.
UTP reserves the right to use the information UTP collects about you and/or your computer for any lawful business purpose, including to help diagnose problems with the servers; to gather broad demographic information; to otherwise administer the Website; to protect, investigate and deter against fraudulent, unauthorized or illegal activity; or to take any action necessary to comply with the law or to protect and defend the rights of UTP or to enforce this Agreement.
UTP may also share your personal information in connection with or during a negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of UTP’s business or assets.
If you are browsing the Website, you are anonymous to UTP, but UTP is still collecting information from you, including but not limited to browser type, IP address and domain name. This data is collected for all the Website visitors, is non-personally identifiable, and is used to manage, monitor and track usage to improve the Website’s services.
This Agreement shall be governed by the laws of the State of New York without regard to its conflict of law provisions.