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Terms of Service

1.  SCOPE OF AGREEMENT

The UNITED TRANSPORTATION SECURITY PROFESSIONALS OF AMERICA ("UTSPA") welcomes you to its website. UTSPA provides its service to you subject to the following terms of service. This Terms of Service Agreement ("Agreement") by and between the United Transportation Security Professionals of America ("we", "us", "our" or "UTSPA") and you ("you" or "your") governs your use of the http://www.utspa.org web site ("Site") together with all information, content, products, materials and services made available to you through the same by us and/or third parties (which together with the Site shall be collectively referred to as “UTSPA Online"). By using or otherwise accessing UTSPA Online, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of this Agreement and you agree that any officer, director, employee, agent, or representative of UTSPA may contact you via email, mail, or telephone at anytime. If you do not agree to this Agreement, do not access or use UTSPA Online in any manner.

When we refer to the "use" of UTSPA Online in this Agreement, we mean any actual or attempted access or use of UTSPA Online, including, without limitation, any transmission, exchange of information or communication associated with UTSPA Online. These terms and conditions, together with the other terms of use applicable to other UTSPA owned or controlled web sites and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation our Online Privacy Policy at https://www.utspa.org/privacy.php and our California Privacy Rights policy at http://www.utspa.org/ca_privacy.php, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding UTSPA Online.

We may add, delete or modify any portion of UTSPA Online at any time in our sole discretion. We may similarly change this Agreement at any time and we will notify you of any changes by posting the changes on the Site. Changes will take effect once we notify you ("effective date"). You can always obtain a current copy of this Agreement at any time on UTSPA Online. If any change is not acceptable to you, you must stop using UTSPA Online. Your use of UTSPA Online after the effective date shall constitute your acceptance of such changes. If any new products or services become available, they will be considered a part of UTSPA Online and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services. Please be aware that UTSPA has created certain areas that can only be accessed by officers, directors, and members of UTSPA.

2.  YOUR REGISTRATION OBLIGATIONS, PASSWORDS, AND SECURITY

In consideration of your use of UTSPA Online, you represent that you are of legal age to form a binding contract (18 years or older) and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You will also be required to provide us with certain information in order to obtain access to and use of certain features and functions of UTSPA Online including, without limitation, your name, home address, mailing address, telephone number(s), your personal e-mail address, date of birth, social security number, job information, mother’s maiden name, current or prior affiliations, and/or applicable payment data for membership dues and orders placed for goods and services via UTSPA Online (e.g., name of bank/credit union, bank/credit union routing number, bank/credit union account numbers, credit card numbers, e-mail address, and expiration date) (collectively, your "Information"). You represent, warrant and covenant to us that any and all information and any other information or data you provide to us, is and will be true, accurate and complete when given to us, that in providing such information to us you will not knowingly omit or misrepresent any material facts or information. If you provide any information that is untrue, inaccurate, not current or incomplete, or UTSPA has reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, UTSPA has the right to suspend or terminate your access to UTSPA Online and refuse any and all current or future use of UTSPA Online (or any portion thereof). Your knowing omissions and/or misrepresentations to obtain access to UTSPA Online may also result in civil or criminal liability. You further agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You further consent and authorize us to verify your Information as required for your use and access to UTSPA Online, as applicable.

You will receive a username and a password upon completing UTSPA Online's registration process. You are responsible for maintaining the confidentiality of the username and a password and are fully responsible for all activities that occur under your username and your password. You agree to immediately notify UTSPA of any unauthorized use of your username and password or any other breach of security, and ensure that you exit from your account at the end of each session. UTSPA cannot and will not be liable for any loss or damage arising from your failure to comply with this section. In order to access and use UTSPA Online’s features and functions, we require you to enter your unique user name and password. We and/or third parties may also, from time to time, provide you with additional codes or passwords necessary to perform certain transactions or otherwise access UTSPA Online. Your user name and password, and any additional codes or passwords are collectively referred to herein as "IDs". Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use UTSPA Online under any circumstances. Certain features and functions of UTSPA Online are not generally available to the public.

You are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use UTSPA Online using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate an ID due to security concerns.

You may not use or allow others to use, your IDs and/or UTSPA Online, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with UTSPA Online, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using UTSPA Online; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs.

You also may not use, nor allow others to use, your IDs, UTSPA Online, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify UTSPA Online or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, UTSPA Online, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of UTSPA Online.

You are prohibited from violating or attempting to violate the security of UTSPA Online, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of UTSPA Online or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt UTSPA Online or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences which may involve such violations and may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

3.  UTSPA PRIVACY POLICY

Registration data, Membership Application data, Administrative Defense Fund questionnaires, and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at https://www.utspa.org/privacy.php. You understand that through your use of UTSPA Online you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by UTSPA and its affiliates.

4.  CONDUCT WHILE USING SERVICES

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not UTSPA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via UTSPA Online. UTSPA does not control the Content posted via UTSPA Online and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using UTSPA Online, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will UTSPA be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via UTSPA Online.

You agree to not use UTSPA Online to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, including, but not limited to, a UTSPA official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through UTSPA Online;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose. Please read our complete Universal Anti-Spam Policy below;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of UTSPA Online are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Services or servers or networks connected to UTSPA Online, or disobey any requirements, procedures, policies or regulations of networks connected to UTSPA Online;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • "stalk" or otherwise harass another; and/or
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that UTSPA may or may not pre-screen Content, but that UTSPA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via UTSPA Online. Without limiting the foregoing, UTSPA and its designees shall have the right to remove any Content that violates this agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by UTSPA or submitted to UTSPA, including without limitation information in UTSPA Message Boards and in all other parts of UTSPA Online.

You acknowledge, consent and agree that UTSPA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of UTSPA, its users and the public.

You understand that the technical processing and transmission of UTSPA Online, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that UTSPA Online and software embodied within UTSPA Online may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by UTSPA and/or content providers who provide content to UTSPA Online. You may not attempt to override or circumvent any of the usage rules embedded into UTSPA Online. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on UTSPA Online, in whole or in part, is strictly prohibited.


5.  INTERSTATE NATURE OF COMMUNICATIONS ON UTSPA ONLINE


When you register with UTSPA, you acknowledge that in using UTSPA Online to send electronic communications (including but not limited to emails, search queries, and other Internet activities), you will be causing communications to be sent through UTSPA’s computer networks, portions of which are located in California and other locations in the United States and portions of which may be located abroad. As a result, and also as a result of UTSPA's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to use UTSPA Online, you acknowledge that use of the service results in interstate data transmissions.

6.   INTELLECTUAL PROPERTY

The items displayed or otherwise made available via UTSPA Online (directly or indirectly), including, without limitation, all text, graphics, images, logos, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same, excluding the Content you upload, post or otherwise transmit via Interactive Services (the "Material"), are owned by or licensed to us or our third party partners. You have no rights in or to such Material and you will not use any Material, except as specifically permitted under this Agreement. Unless otherwise specifically set forth on UTSPA Online or we give you written permission, you may only use and access, download and copy the Material (and print a single copy) for your personal use, and you will not alter, erase or otherwise obscure our copyright, proprietary or other notices on the Material. You may not do or allow anyone else to do anything with the Material which is not specifically permitted under this Agreement. You acknowledge and agree that the Material is made available for informational and educational purposes only without representation or warranty of any kind, is not a substitute for legal advice or your professional judgment, and unless otherwise specifically specified on UTSPA Online, should not be construed as an endorsement by or representation of the opinions of UTSPA. We do not give legal advice. Your reliance upon Material obtained by you on or through UTSPA Online is solely at your own risk. You agree to comply with all notices and requirements accompanying third-party Material. All rights not expressly granted in this Agreement are reserved to us.

7.  COPYRIGHT COMPLAINTS

UTSPA respects the intellectual property rights of others. UTSPA may, under appropriate circumstances and at its discretion, disable and/or terminate access to or use of UTSPA Online for those users who may be infringing the intellectual property rights of others. If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide UTSPA at utspa@utspa.org with the information specified below. Please note that this procedure is exclusively for notifying UTSPA that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on UTSPA Online;

  • Your address, telephone number, and e-mail address;

  • 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;

  • 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.

8.  LINKS

UTSPA Online may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, services or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services made available on or through any such site or resource.

9.  NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of UTSPA Online (including your UTSPA username and password), use of UTSPA Online, or access to UTSPA Online.

10.  GENERAL PRACTICES REGARDING USE AND STORAGE


You acknowledge that UTSPA may establish general practices and limits concerning use of UTSPA Online, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by UTSPA Online, the maximum number of email messages that may be sent from or received by an account on UTSPA Online, the maximum size of any email message that may be sent from or received by an account on UTSPA Online, the maximum disk space that will be allotted on UTSPA's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access UTSPA Online in a given period of time. You agree that UTSPA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by UTSPA Online. You acknowledge that UTSPA reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that UTSPA reserves the right to modify these general practices and limits from time to time.

11.  MODIFICATIONS TO SERVICES

UTSPA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, UTSPA Online (or any part thereof) with or without notice. You agree that UTSPA shall not be liable to you or to any third party for any modification, suspension or discontinuance of UTSPA Online.

12.  DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through UTSPA Online, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that UTSPA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on UTSPA Online.

13.  NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

14.  UTSPA’S ANTI-SPAM POLICY

UTSPA encourages you to use UTSPA Online as long as you abide by this Agreement and UTSPA's prohibition on spamming and unethical marketing activities. The following are some examples of spamming that may violate this Agreement and UTSPA’s Anti-Spam Policy:

  • Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through UTSPA computer systems.

  • Relaying email from a third party's mail servers without the permission of that third party.

  • Using or causing to be used UTSPA computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
  • Using "robots" or otherwise harvesting other's email addresses from UTSPA Online for purposes of sending unsolicited or unauthorized material.

  • Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.

  • Disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges.

Certain UTSPA Online services may have additional spam guidelines explaining appropriate conduct for those services. Those additional policies are incorporated by reference into the UTSPA’s Anti-Spam Policy. It is the user's responsibility to check each property's guidelines for additional details regarding spam.

Violations of this Agreement or UTSPA’s Anti-Spam Policy contained herein may result in legal action against you and the termination, without notice, of your UTSPA username and password and/or anything associated with it, including, but not limited to, email accounts, clubs, posts, home pages, and profiles. Nothing in this policy is intended to grant any right to transmit email to or through UTSPA computer systems. UTSPA does not waive any rights by the failure to enforce this policy in every instance in which it might apply.

NOTICE: Sending unsolicited email advertisements to or through UTSPA Online and/or UTSPA computer systems may use or may cause to be used UTSPA servers located in California. Any unauthorized use of UTSPA computer systems is a violation of this agreement, UTSPA’s Anti-Spam Policy, and certain federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code, and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Please report violations of UTSPA’s Anti-Spam Policy. Learn more about how to report spam.

15.  DISCLAIMER OF WARRANTY

UTSPA ONLINE IS PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING UTSPA ONLINE, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SITE AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT UTSPA ONLINE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF UTSPA ONLINE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE.

16.  LIMITATION OF LIABILITY AND RELEASE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER UTSPA, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF UTSPA ONLINE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT UTSPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF UTSPA ONLINE, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

17.  INDEMNIFICATION

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of UTSPA Online, and/or (c) the use of UTSPA Online by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

18.  TERMINATION

We may terminate this Agreement, restrict, modify, suspend or terminate your access to and use of UTSPA Online immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access UTSPA Online. Termination is your sole right and exclusive remedy if you are not satisfied with UTSPA Online. Upon the effective date of any such termination, your right to access and use UTSPA Online shall immediately cease.

19.  GOVERNING LAW AND INTERPRETATION

You and UTSPA agree that: (i) UTSPA Online shall be deemed solely based in California; and (ii) UTSPA Online shall be deemed a passive website that does not give rise to personal jurisdiction over UTSPA, either specific or general, in jurisdictions other than California. This Agreement and your use of UTSPA Online will be interpreted under and governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You agree that exclusive jurisdiction and venue of any dispute with UTSPA or its licensors, or any of their respective affiliates, officers, directors, employees, contractors, agents, representatives or suppliers, arising out of or in any way relating to this Agreement shall reside in the federal and state courts sitting in the State of California; specifically, the Los Angeles County Superior Court and/or the Central District of California. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. The prevailing party shall be entitled to reasonable attorney’s fees for any cause of action in any way related to this Agreement. The parties hereby agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act ("UCITA"). This Agreement may not be modified by anyone except in writing signed by the National President of UTSPA. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.

20.  GENERAL INFORMATION

Waiver and Severability of Terms. The failure of UTSPA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your UTSPA username and password is non-transferable and any rights to your UTSPA username and password or contents assessable with your username and password terminate upon your death or as otherwise provided in this agreement. Upon receipt of a copy of a death certificate or as otherwise provided in this Agreement, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You and UTSPA agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of UTSPA Online or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever permanently barred.

Access to Service. Registered non-members of UTSPA will have access to public areas on UTSPA Online for six months. UTSPA reserves the right to suspend or terminate your access to UTSPA Online and refuse any and all current or future use of UTSPA Online (or any portion thereof) if you are a registered non-member and you do not join UTSPA within six months of registering on UTSPA Online. UTSPA also reserves the right to suspend or terminate your access to UTSPA Online and refuse any and all current or future use of UTSPA Online (or any portion thereof) if you are a registered member and your good standing in UTSPA has been affected. Good standing includes, but is not limited to, the nonpayment of recurring organizational dues, fees, and/or fines due to UTSPA.

Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Violations. You agree to report any violations of this Agreement to UTSPA at utspa@utspa.org.

Entire Agreement. The Agreement constitutes the entire agreement between you and UTSPA and governs your use of UTSPA Online, superseding any prior agreements between you and UTSPA with respect to UTSPA Online. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other UTSPA services, affiliate services, third-party content or third-party software.

This Terms of Service Policy was effective August 26, 2007.

 

 




 
   
     


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