TERMS OF USE
The following “Terms of Service” (hereinafter referred to as the “TOS” or
“Agreement” sets forth the terms and conditions governing your UMI account.
Together with our Terms of Use and UMI Privacy Policy, these Terms of
Service regard your use of the UMI website or that of our affiliate, its products,
and materials (collectively, the “Site”).
UMI currently provides users with access to sales training resources (training
videos, training books, educational software, etc.), various reference and
communication tools (newsletters, blogs, articles, etc.), forums, shopping
services, and personalized content (collectively referred to as the “Services”).
You also understand and agree that the Service may include sponsorships or
advertisements. Most of these Services of UMI are provided free of charge.
Unless explicitly stated otherwise, any new features that augment the current
Service, including the release of new content.
UMI services, shall be subject to the TOS. You understand and agree that the
Service is provided “AS-IS” and that UMI assumes no responsibility for the
timeliness, deletion, delivery problems or failure to store any user
communications or personalization settings.
UMI is an online store for sales training materials. You will be charged for any
materials that you wish to purchase from us. Prices may vary. You are
responsible for obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the display of
delivery of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
Changes to Terms
These Terms, or any part thereof, may be modified by
us, including the addition or removal of terms at any time, and such
modifications, additions or deletions will be effective immediately upon
posting. Your use of the Websites after such posting shall be deemed to
constitute acceptance by you of such modifications, additions or deletions.
Changes to Websites
We may change or discontinue any aspect, service or
feature of the Websites at any time, including, but not limited to, content,
availability, and equipment needed for access or use.
Registration
You may be given the opportunity to register via an online
registration form or by participating in Interactive Areas (as defined below),
such as forums and other community features, to create a user account (“Your
Account”) that may allow you to receive information from us and/or to
participate in certain features on the Websites. We will use the information
you provide in accordance with the Privacy Policy. By registering you
represent and warrant that all information that you provide is current, complete
and accurate to the best of your knowledge. You agree to maintain and
promptly update your information on the Websites so that it remains current,
complete and accurate. You are responsible for obtaining and maintaining all
connectivity, computer software, hardware and other equipment needed for
access to and use of the Websites and all charges related to the same. The
purchase of certain products and services on UMI may require registration for
a user account (“User Account”). Should you choose to register, you agree to
provide true, complete and accurate registration information (“Registration
Information”). You are responsible for updating and maintaining the accuracy
of Registration Information. If you provide any Registration Information that is
untrue or inaccurate, not current, or incomplete, or if UMI suspects that your
Registration Information is untrue, inaccurate, or incomplete, then UMI may, in
its sole discretion, suspend, terminate, or refuse future access to UMI.
Registration Information will be subject to the UMI Privacy Policy (which is
incorporated by reference herein). You are responsible for maintaining the
secrecy and security of any personal or User Account Information. You are
responsible and liable for any conduct on UMI under your User Account. UMI
is not responsible for any unauthorized use of your User Account. If you
believe there has been unauthorized use of your User Account, you must
notify UMI immediately. Only the authorized license user is permitted to use
the password protected account within UMI. If anyone loans or discloses their
Username and Password or otherwise knowingly or unknowingly allows
unauthorized access into the fee-based products, the original site license
holder shall be responsible for and will be billed for any and all purchases an
unauthorized user makes on UMI.
User Content Guidelines
The following terms apply to content submitted by you:
The Websites may contain comments sections, discussion forums, or other
interactive features (“Interactive Areas”) in which you may post or upload
user-generated content, comments, video, photos, messages, other materials
or items (collectively, “User Content”). You are solely responsible for your use
of any Interactive Areas and you use them at your own risk. Interactive Areas
are available for individuals aged 13 years or older. By submitting User
Content to an Interactive Area, you represent that you are 13 years of age or
older and, if you are under the age of 18, you either are an emancipated minor
or have obtained the legal consent of your parent or legal guardian to enter
into these Terms, submit content, and participate on the Websites. By
attending any Event, you hereby irrevocably grant to UMI, affiliates,
designees, successors, assigns and licensees, the right to film and otherwise
record you and use your name, image and likeness in any and all media for
any purpose, including, without limitation, advertising and promotional
purposes as well as in, on or in connection with future UMI events and/or other
events produced by UMI or any of UMI affiliates and hereby release UMI and
each of the respective designees, successors, assigns, licensees and
affiliates from any liability with respect thereto.
By submitting any User Content or participating in an Interactive Area within or
in connection with the Websites, you agree that you will not upload, post or
otherwise transmit any User Content that (a) violates or infringes in any way
upon the rights of others, including any statements which may defame,
harass, stalk or threaten others; (b) you know to be false, misleading or
inaccurate; (c) contains blatant expressions of bigotry, racism, racially or
ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;
(d) contains or advocates pornography or sexually explicit content, pedophilia,
incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or
advocates or provides instruction on dangerous, illegal, or predatory acts, or
discusses illegal activities with the intent to commit them; (f) advocates violent
behavior; (g) poses a reasonable threat to personal or public safety; (h)
contains violent images of killing or physical abuse that appear to have been
captured solely, or principally, for exploitative, prurient, or gratuitous purposes;
(i) is protected by copyright, trademark, trade secret, right of publicity or other
proprietary right without the express permission of the owner of such
copyright, trademark, trade secret, right of publicity or other proprietary right.
The burden of determining that any User Content is not protected by
copyright, trademark, trade secret, right of publicity or other proprietary right
rests with you. You shall be solely liable for any damage resulting from any
infringement of copyrights, trademarks, trade secrets, rights of publicity or
other proprietary rights or any other harm resulting from such a submission.
Any person determined by UMI, in its sole discretion, to have violated the
intellectual property or other rights of others shall be barred from submitting or
posting any further material on the Websites; (j) does not generally pertain to
the designated topic or theme of any Interactive Area; (k) contains any
unsolicited or unauthorized advertising or promotional materials with respect
to products or services, “junk mail”, “spam”, “chain letters”, “pyramid
schemes”, or any other form of solicitation; or (l) uses the name or likeness of
an identifiable natural person without such person’s consent. The burden of
determining that any User Content is not protected by copyright, trademark,
trade secret, right of publicity or other proprietary right rests with you. You
shall be solely liable for any damage resulting from any infringement of
copyrights, trademarks, trade secrets, rights of publicity or other proprietary
rights or any other harm resulting from such a submission. Any person
determined by UMI, in its sole discretion, to have violated the intellectual
property or other rights of others shall be barred from submitting or posting
any further material on the Websites.
You agree not to upload, post or otherwise transmit any User Content,
software or other materials which contain a virus or other harmful or disruptive
component.
You agree not to use any technology, service or automated system to post
more User Content than an individual could upload in a given period of time.
You also agree not to direct any third party to use these services,
technologies or automated systems on your behalf. Any conduct that we, in
our sole discretion, believe restricts or inhibits anyone else from using or
enjoying the Websites will not be permitted. We reserve the right, in our sole
discretion, to remove or edit User Content submitted by you.
We are not responsible for the accuracy or credibility of any User Content,
and do not take any responsibility or assume any liability for any actions you
may take as a result of reading User Content posted on the Websites.
Through your use of Interactive Areas, you may be exposed to content that
you may find offensive, objectionable, harmful, inaccurate or deceptive. There
may also be risks of dealing with underage persons, people acting under false
pretense, international trade issues and foreign nationals. By using Interactive
Areas, you assume all associated risks. We have the right, but not the
obligation, to monitor User Content posted or uploaded to the Websites to
determine compliance with these Terms and any operating rules established
by us and to satisfy any law, regulation or authorized government request.
Although we have no obligation to monitor, screen, edit or remove any of the
User Content posted or uploaded to the Websites, we reserve the right, and
have absolute discretion, to screen, edit, refuse to post or remove without
notice any User Content posted or uploaded to the Websites at any time and
for any reason, and you are solely responsible for creating backup copies of
and replacing any User Content posted to the Websites at your sole cost and
expense. The decision by UMI to monitor and/or modify User Content does not
constitute nor shall it be deemed to constitute any responsibility or liability in
any manner on our part in connection with or arising from your use of
Interactive Areas on the Websites.
By submitting User Content to the Websites, you automatically grant us a
royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license
to use, publish, reproduce, modify, adapt, edit, translate, create derivative
works from, incorporate into other works, distribute, sublicense (through
multiple tiers) and otherwise exploit such User Content (in whole or in part) in
any form, media or technology now known or hereafter developed, without
payment to you or to any third parties. Additionally, to the fullest extent
permitted under applicable law, you waive your moral rights in the User
Content and agree not to assert such rights against us. You represent and
warrant to us that you have the full legal right, power and authority to grant to
us the license provided for herein, that you own or control the complete
exhibition and other rights to the User Content you submitted for the purposes
contemplated in this license and that neither the User Content nor the
exercise of the rights granted herein shall violate these Terms, or infringe
upon any rights, including the right of privacy or right of publicity, or constitute
a libel or slander against, or violate any common law or any other right of, or
cause injury to, any person or entity. You further grant to us the right, but not
the obligation, to pursue at law any person or entity that violates your or our
rights in the User Content by a breach of these Terms.
User Conduct Guidelines
The following terms apply to your conduct when
accessing or using the Websites: (a) you agree not to interfere with or disrupt
the Websites or the servers or networks connected to the Websites, or
disobey any requirements, procedures, policies or regulations of networks
connected to the Websites; (b) you agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purpose, any portion of the Websites,
use of the Websites, or access to the Websites; (c) you agree not to engage
in any activity that would constitute a criminal offense or give rise to a civil
liability; (d) you agree not to impersonate any person or entity, including, but
not limited to, UMI or any UMI employee, or falsely state or otherwise
misrepresent your affiliation with any person or entity; and (e) you agree not to
interfere with any other user’s right to privacy, including by harvesting or
collecting personally-identifiable information about users of the Websites or
posting private information about a third party.
GENERAL PROVISIONS
Jurisdiction. This Agreement is governed by and shall be construed in
accordance with the laws of the State of Minnesota without regard to its
principles of conflicts of law. In the event of a dispute arising under or relating
to this Agreement, the Site or the Materials, you agree to the exclusive
jurisdiction of the federal and state courts located in the State of Minnesota,
and waive any jurisdictional, venue, or inconvenient forum objections to such
courts. The Site is controlled and operated by UMI. from its principal office in
Burnsville, Minnesota, and is not intended to subject UMI to the laws or
jurisdiction or any state, country, or territory other than that of Minnesota and
of the United States of America.
UMI does not represent or warrant that the Site, or any aspect thereof, are
appropriate or available for use in any particular jurisdiction. Those who
choose to access the Site at their own risk and are responsible for complying
with local laws. We may limit the availability of the Site to any person,
geographic area, or jurisdiction we choose, at any time in our sole discretion.
You agree not to transport, import, export, or re-export any Site content to a
national or resident of any of the following countries: (i) Balkans, Burma
(Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other
country to which the United States has embargoed goods; or (ii) any person or
entity on the United States Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you
represent, warrant, and covenant to us that you are not located in or under the
control of any such country or on any such list.
If any provision of this
Agreement is found for any reason to be unlawful, void, or unenforceable,
then that provision will be deemed severable from this Agreement and will not
affect the validity and enforceability of any remaining provision. Any heading,
caption or section title contained herein is inserted only as a matter of
convenience, and in no way defines or explains any section or provision
hereof. A party’s failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of any
provision or right. This, together with any of our policies referred to herein,
constitutes the entire Agreement between you and UMI relating to your use of
the Site; this Agreement supersedes any and all prior or contemporaneous
written or oral Agreements between you and UMI regarding the same subject
matter (except other written, fully-executed contracts between you and us).
Neither the course of conduct between you and us, nor trade practice, shall
act to modify any provision of this Agreement. This Agreement is not
assignable, transferable or sub-licensable by you except with our prior written
consent.
*All digital products are excluded from the 100% money back guarantee and
non-refundable.
* Offers cannot be used in conjunction with each other unless otherwise
stated.
Again, be sure to return to this Policy periodically to review the most current
version of the Policy. We reserve the right at any time, at our sole discretion,
to change or otherwise modify this Policy without prior notice; however, the
date of any effective changes shall be reflected at the top of this page and
upon request we will provide you with information regarding any changes
made.
By purchasing any item, product or event from this website, you
acknowledge and agree to be bound by the terms and conditions set
forth in this Policy as well as the Refund Policy and Privacy Policy. If
you do not agree to these Policies, please do purchase anything, or
enter into any transaction with us.