Ubiquity Global Services, Inc. (“we” or “us”) recognizes the importance of respecting the privacy of those who visit our website (our “Site”). We believe it is important for you to know how we treat the information about you that we receive during your visits to our Site. This Terms of Use is designed to assist you in understanding how we collect, disclose, and safeguard various types of information, including the personally identifiable information you provide to us via our Site.

This Terms of Use applies only to the information that we collect on our Site and not to any information that we collect through other methods or sources, including sites owned or operated by our affiliates, vendors, or partners. Please note that when you link from our Site to other websites, this Terms of Use no longer applies.

You acknowledge that, by accessing or using our Site, you agree to be bound by all of the terms and conditions of use pertaining to our Site and contained in this Terms of Use and the Privacy Policy (available on www.ubiquity.com). If you do not agree with these Terms of Use, please do not access or use our Site.

We reserve the right to change these Terms of Use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting thereof on our Site. You acknowledge and agree that it is your responsibility to review our Site and this Terms of Use periodically, and to be aware of any modifications. Your continued use of our Site after such modifications will constitute your:

(a) acknowledgment of the modified Terms of Use; and

(b) agreement to abide and be bound by the modified Terms of Use.

  1. Types of Information Collected

We collect two types of information about our website users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient and customized experience while using our Site.

Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on our Site, such as contacting us, registering for our mailing list, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities; however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), e-mail address, employer, job title and department, telephone and facsimile numbers, and other personally identifying information. Depending upon your activity, some of the information we ask you to provide is identified as mandatory. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the website’s Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using, and/or your Internet Protocol (“IP”) address.

  1. Collection Methods and Use of Information

We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. We will primarily use your Personally Identifiable Information to provide our services to you, as requested by you or as required by any agreements between us and you. We will also use Personally Identifiable Information to enhance the operation of our Site, fill improve our marketing and promotional efforts, statistically analyze site use, improve our product and service offerings, and customize our Site’s content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems, and enforce agreements with you, including this Terms of Use.

In addition, we may also collect, or our third-party content server may collect, certain Non-Personally Identifiable Information. Our servers automatically collect certain site use information each time you visit our Site. The Site use information includes but is not limited to the following: the domain names, operating system in use, browser and version, the web site that referred you to us, and other similar information. This information may be aggregated to measure the number of visits, average time spent on our Site, pages viewed, time and date of visits, and other similar information. We may use and disclose site use information, for example, to measure the use of our Site, explain the utility of our Site, and to improve the content of our Site.

We also make use of “cookies” on our Site. A cookie is a small piece of data that our Site can send to your browser, which may then be stored on your computer. One of the ways we may use cookies is to identify computers that are being used to make visits to our Site. We also may customize, monitor, or regulate the use of our Site based on information stored in the cookie or host server. In addition, we use session cookies to recognize the user when moving from page to page in our Site. By using our Site, you consent to the use of our cookies.

  1. Release of Information

We may disclose Personally Identifiable Information to our affiliates. We may also disclose Personally Identifiable Information to third parties that partner with us or provide services for us, and to other third parties as permitted by law. Currently, our disclosure of Personally Identifiable Information is limited to the following purposes: (i) understanding the use of our Site and making improvements; (ii) administering a mailing list for customers that have registered for such list; (iii) responding to requests from or providing any necessary notices to you; (iv) protecting the security or integrity of our Site; and (v) otherwise administering or managing our Site software.

We will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners and is not subject to our control.

Occasionally, we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

We may also provide Non-Personally Identifiable Information about our customers’ sales, traffic patterns, and related site information to third-party advertisers, but these statistics do not include any Personally Identifiable Information.

  1. Updating and Correcting Information

You can access and modify certain personal information stored on our Site, such as your name, phone number, email address, and mailing address, by contacting us via email.

We retain information provided to us indefinitely unless otherwise stated. In addition, we will keep some personal information you have asked us to remove for the following purposes: (i) troubleshoot problems; (ii) assist with investigations; (iii) enforce our Site rules; or (iv) comply with legal requirements

Therefore, you should not expect that all of your Personally Identifiable Information will always be completely removed from our databases in response to your requests.

  1. User Choices on Collection and Use of Information

We may, from time to time, send you e-mail regarding our products and services. In addition, if you signed up for our mailing list, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only Ubiquity (or agents working on behalf of Ubiquity) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such e-mails or mailings, simply tell us when you give us your personal information. Or, at any time, you can modify your account information to no longer receive such offers and mailings.

You also have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, some parts of our Site may not work properly.

  1. Security of Information

We believe that keeping Personally Identifiable Information secure is one of our most significant responsibilities. We restrict access to Personally Identifiable Information about you to those employees and others who need to know that information to assist us in our business or to provide products or services to you. We safeguard Personally Identifiable Information according to established security standards and procedures, by maintaining physical, electronic, and procedural safeguards for the information.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through our Site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

  1. Privacy Policies of Third-Party Websites

When you use a link to go from our Site to a website operated by a third party, this Terms of Use policy is no longer in effect. We are not responsible for the privacy practices employed by third-party websites linked to or from our Site, nor for the information or content contained therein.

  1. Links to Other Websites

We may provide links to other websites for your convenience and information. These sites operate independently from our Site and are not under our control. These sites may have their own privacy notices in place, which we strongly suggest you review if you visit any linked websites. WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED IN OR THE PRODUCTS OR SERVICE PROVIDED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY US. Ubiquity Global Services, Inc. (“we” or “us”) owns and operates this website (our “Site”). Ubiquity offers our Site, including all information, products and services available from our Site, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of our Site constitutes your agreement to all such terms, conditions, policies and notices. Our Site may contain links to other websites. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

  1. Copyright

The content, organization, graphics, design, compilation, digital conversion and other matters related to our Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of our Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through our Site. The posting of information or materials on our Site does not constitute a waiver of any right in such information and materials.

  1. Service Marks

Products and names mentioned on our Site may be trademarks of their respective owners.

  1. Limited Right to Use

The accessing, viewing, browsing, printing, or downloading of any content, graphic, form or document from our Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. Any other use is prohibited without our prior, express permission. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use except with our prior, express permission. You agree that all of your use of our Site will comply with applicable laws.

  1. Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on our Site.

  1. Indemnification

You agree to indemnify, defend and hold harmless Ubiquity and its affiliates and subsidiaries, and their respective officers, directors, employees, contractors, agents, licensors and suppliers, from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms of Use or any activity related to your account or password (including but not limited to negligent or wrongful conduct), by you or any other person accessing our Site using your account or password. If you cause a technical disruption of our Site or the systems transmitting our Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

  1. Nontransferable

Your right to use our Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

  1. Disclaimer and Limits

THE INFORMATION FROM OR THROUGH OUR SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT AS OTHERWISE REQUIRED BY LAW. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. OUR SITE AND THE PRODUCTS, SERVICES, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION ON OUR SITE.

  1. Use of Information

We will not be required to treat any remarks, suggestions, ideas, graphics, material or other information communicated by you to us through our Site (collectively, the “Submission”) as confidential, and we will not be liable for any ideas (including without limitation, product, service or advertising ideas), and we will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, you hereby grant us with a perpetual, exclusive, unrestricted, non-revocable, royalty-free license to use, print, publish, sell, copy, distribute, make derivative works of, and license others to use each Submission in any form or medium, now or hereafter existing, or in any language during the full term of the copyright therein and throughout the world. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever Submission you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, and originality.

  1. Third-Party Services

We may allow access to or advertise third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION, SERVICE OR PRODUCT APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

  1. Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

  1. Privacy Policy

Ubiquity may or may not use information that it receives or collects through our Site in any manner. Our Privacy Policy (available at www.ubiquity.com), as it may change from time to time, is a part of these Terms of Use.

  1. Payments

You represent and warrant that if you are purchasing something from us or from Merchants on third-party sites that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

  1. Information and Press Releases

OUR SITE CONTAINS INFORMATION AND PRESS RELEASES ABOUT US. WHILE THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION OR ANY PRESS RELEASES. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

  1. Miscellaneous

The headings in these Terms of Use are for convenience of reference only and shall not limit or otherwise affect the meaning hereof. Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with our Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. Only Ubiquity may modify these Terms of Use, and it may make modifications at any time. Modifications will be in effect upon posting to our Site. These Terms of Use shall for all purposes be governed and construed in accordance with the internal law of the State of New York and the United States of America.

HOW TO CONTACT US
If you have any questions, comments, or requests concerning your personal information, contact us by:

E-mailing us at:
legal@ubiquity.com

Or writing us at:

Ubiquity Global Services, Inc.
Attn: Legal
331 Park Avenue S, 8th Floor
New York, NY 10010

Or calling:
+1 646 257 2806