Terms of Use


Welcome to Unique Technologies, Inc.'s Web site (the "Site"). Please carefully review these Terms of Use ("Terms"). Your use of the Site constitutes your acceptance of these Terms. If you do not agree to abide by all of the provisions contained in these Terms, you must not use or access the Site. Unique Technologies, Inc. ("Unique Technologies") also may make changes at any time to these Terms with or without specific notice to you, which will become effective immediately upon posting to this page. For this reason, we urge you to read these Terms each time you visit the Site so you are aware of any such amendments and/or revisions to which you are bound. These Terms were last updated on August 1, 2010.
 

1. Access to the Site


You may be asked to provide certain registration details or other information to access the Site or to access some of the resources on the Site. You agree that all of the information you provide on the Site will be correct, current, and complete. Unique Technologies’ use of your personal information is subject to our Privacy Policy (see the privacy policy link to view our Privacy Policy). Unique Technologies has the right to refuse you access to the Site or any of its resources and to suspend or terminate your access at any time and without notice to you. Certain areas of the Site may contain information intended for licensed medical professionals or others with certain qualifications. Unique Technologies reserves the right to limit access to certain areas of the Site to users who register and meet certain criteria established by Unique Technologies. Each registration is for your personal use only.  You are responsible for preventing unauthorized use of your registration information.  You are responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.

2. Modifications to the Site


Unique Technologies reserves the right to modify or discontinue all or any portion of the Site, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Unique Technologies shall not be liable to you or any third party in the event that Unique Technologies exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.

3. Trademark and Copyright Notice


Trademarks, service marks and logos displayed on the Site are registered and unregistered trademarks of Unique Technologies or its subsidiaries. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on the Site or in commercially produced information presented to you through the Site by Unique Technologies or its subsidiaries is protected by copyright, patents or other proprietary agreements and laws and you are only permitted to use such content as expressly authorized by Unique Technologies or its subsidiaries. Nothing contained herein transfers any right, title, or interest in the Site or its content to you and all rights not expressly granted herein are reserved. Unique Technologies will enforce its intellectual property rights to the fullest extent of the law. The images intended for download by you located on the Site are copyrighted works authored and owned by Unique Technologies. You may download, view, copy and print content contained on the Site, subject to the following:

•   (a) such content may be used solely for personal, informational, or internal business purposes and may not be sold, licensed, or distributed in any electronic or other form;
•   (b) any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
•   (c) such content may not be altered or modified from its original downloaded form in any way, including, but not limited to, colorization, cropping, or editing;
•   (d) such images may not be grouped with other images as part of a collective work or used to create a derivative work, nor shall any image be associated with another to connote approval or endorsement for any commercial, political, illegal, pornographic, or other immoral purposes; and,
•   (e) no graphics may be used separate from accompanying text.


Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror any images downloaded or obtained from the Site onto another Web service, use any meta tags, inline any graphics or distribute any content contained on the Site in whole or in part without the express written permission of Unique Technologies. Requests for such permission should be made to Unique Technologies. Certain product, service, or company designations for companies other than Unique Technologies may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks by such companies. In all instances where Unique Technologies is aware of a claim, the designation appears in initial capital or all capital letters and Unique Technologies acknowledges those rights. However, please contact the appropriate companies for more complete information regarding such designations and their registration status.


4.  Reporting Copyright Infringement


We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a.   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b.   A description of the copyrighted work that you claim has been infringed;
c.   A description of where the material that you claim is infringing is located on the Site;
d.   Your address, telephone number, and email address;
e.   A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f.   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 authorized to act on the copyright owner's behalf.
For claims of copyright infringement on the Site please call 610-775-9191 x6 or email info@unique-tech-inc.com 

5. No Medical Advice


Much of the information on the Site relates to products and services offered by Unique Technologies. The information on the Site is provided for your general informational and educational purposes only. It is not intended or recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider regarding any medical condition, diagnosis or treatment. Unique Technologies does not practice medicine or provide medical services or advice and nothing contained on the Site is intended to be for medical diagnosis or treatment.

6. User Feedback


Unique Technologies is pleased to hear from visitors and welcomes your comments regarding the Site. If you send unsolicited feedback on the Site, or unsolicited ideas for new products, processes, materials, or marketing plans, to Unique Technologies, please understand that by submitting the information through the Site, you assign Unique Technologies, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. We will be entitled to use any information and materials you submit through the Site for any purpose whatsoever without restriction and without compensating you in any way, and by submitting any such information and materials, you represent to Unique Technologies that you have the right to do so.

7. Links and/or Mentions of Third Party Companies and Products


The Site may provide links to Web sites operated by third parties and/or mention third-party products or companies. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. Mention of third-party products, companies, or Web sites including links to any such third-party Web site are provided merely as a convenience to you, and the mention of any third party product or company or inclusion of any third-party link does not imply affiliation, endorsement or recommendation by Unique Technologies. Unique Technologies does not review, monitor or check the accuracy of content published on third party sites, and is not responsible for the availability of, and content provided on, third party sites. Unique Technologies makes no representations regarding the quality, safety, or suitability of any products by third-party companies.  If you choose to purchase any products or services from a third party, your relationship is directly with the third party and Unique Technologies is not responsible for any loss or damage of any sort you may incur from dealing with any third party.  Third party Web sites may contain information about uses of products that have not been approved or cleared by the U.S. Food and Drug Administration or other applicable regulatory agencies. Unique Technologies does not endorse the off-label use of any of our products. In general, in the absence of any other agreement with Unique Technologies, you may link or hyperlink to the home page of the Site from your Web site, subject to the following:
•   (a) you notify us by email specifying the URL of each page from which you will be linking to our home page;
•   (b) you do not frame the Site or any portion of the Site;
•   (c) you do not deep link into the Site (i.e., you do not link into any page other than the home page);
•   (d) the link or hyperlink to the Site is not used in a way that suggests that Unique Technologies endorses you or your Web site;
•   (e) the link or hyperlink to the Site is not used or presented in any way that disparages Unique Technologies or tarnishes, blurs, or dilutes the quality of Unique Technologies’ names or trademarks or any associated goodwill;
•   (f) your site does not engage in illegal or pornographic activities; and
•   (g) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason and you discontinue providing links to the Site immediately upon request by us.

8. Disclaimer


THE SITE AND ALL CONTENT CONTAINED ON THE SITE, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  UNIQUE TECHNOLOGIES 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, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. UNIQUE TECHNOLOGIES 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 PRODUCTS DESCRIBED IN THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.  UNIQUE TECHNOLOGIES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCTS AND/OR PROGRAMS DESCRIBED IN THIS SITE AT ANY TIME.  UNIQUE TECHNOLOGIES IS NOT RESPONSIBLE FOR INACCURATE OR OUTDATED INFORMATION OR MATERIALS ON THE SITE.  YOU SHOULD CONTACT UNIQUE TECHNOLOGIES OR WHERE APPLICABLE THE THIRD PARTY VENDOR TO VERIFY THAT THE INFORMATION AND MATERIALS DISPLAYED ON THE SITE ARE ACCURATE AND CURRENT.  UNIQUE TECHNOLOGIES CANNOT AND DOES NOT WARRANT THAT THIS SITE IS COMPATIBLE WITH YOUR COMPUTER EQUIPMENT OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  UNIQUE TECHNOLOGIES ASSUMES NO RESPONSIBILITY AND SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNIQUE TECHNOLOGIES OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9. Securities Laws


Materials in this Web site may contain information that includes or is based upon forward-looking statements. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts and use words such as "anticipates," "believes," "continue," "estimates," "expects," "may," "will", "seeks", "plans", "intends" and other similar words or terms in connection with a discussion of Unique Technologies’ plans and objectives for future operations or financial performance. All such forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, events or developments to be materially different from the forward-looking statements, including: general economic and business conditions, both nationally and in the regions in which Unique Technologies operates; technology changes; competition; changes in business strategy or development plans; the ability to attract and retain qualified personnel; existing governmental regulations and changes in, or the failure to comply with, governmental regulations; liability and other claims asserted against Unique Technologies; and other factors referenced in Unique Technologies’ regulatory filings with the United States Securities and Exchange Commission. The Site and the information contained herein do not constitute an offer or solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities filings or documents.

10. Limitation of Liability


IN NO EVENT SHALL UNIQUE TECHNOLOGIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, 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 OR ANY SERVICES PROVIDED THROUGH THE SITE, EVEN IF UNIQUE TECHNOLOGIES WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. IN NO EVENT SHALL UNIQUE TECHNOLOGIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. No Resale of the Site


Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of Unique Technologies.

12. Indemnity


You agree to indemnify, defend and hold Unique Technologies, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys' fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or your violation of these Terms.

13. Void Where Prohibited


The Site and its contents are intended to comply with the laws and regulations in the U.S.. Although the information on the Site is accessible to users outside of the U.S., the information pertaining to Unique Technologies products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. Unique Technologies reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on the Site is void where prohibited.

14. General


In the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, the determination shall affect only the portion of the provision determined to be invalid, unenforceable, or void, and shall not affect the remainder of that provision in any way. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable, or void provision. Unique Technologies’ failure to act with respect to any breach by you does not constitute a waiver of our right to act with respect to subsequent or similar breaches. Unique Technologies may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of Unique Technologies. These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by Unique Technologies on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose. Sections 2, 3 (excluding the second paragraph), and 5 through 21 shall survive termination of these Terms.

15. Acknowledgment


By accessing the Site, you agree to all the terms and conditions of these Terms. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

16. Unlawful Activity


We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate in our possession to such persons or entities.

17.  Information and Press Releases


The Site may contain information and press releases about us.  We disclaim any duty or obligations to update this information or any press releases.  Information about companies other than ours contained in the press release(s) or otherwise, should not be relied upon as being provided or endorsed by us.

18.  Privacy Policy


Our Privacy Policy as it may change from time to time, is part of the Terms. Please view the Privacy Policy here.

19.  Contact Information


If you have any questions regarding these Terms or the Site, please contact Unique Technologies.

20.  Miscellaneous


The Terms shall be treated as though it were executed and performed in Mohnton, Pennsylvania, and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, documents, products or services related thereto) must be instituted within two (2) years after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in the Terms. The language in the Terms shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting the Terms. The Terms and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.  To the extent that anything in or associated with the Site is in conflict or inconsistent with the Terms, the Terms shall take precedence. Our failure to enforce any provision of the Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.. The title, headings and captions of the Terms are provided for convenience only and shall have no effect on the construction of the terms of this agreement.
 

21. Arbitration


Any legal controversy or legal claim arising out of or relating to the Terms or our services relating to the Site, excluding legal action taken by us relating to Site operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association applicable at the time the arbitration commences. The arbitration shall be conducted in Mohnton, Pennsylvania. Each party shall bear its own attorneys' fees. Each party shall bear one-half of all arbitration fees and costs.