Unize Terms of Service

These Terms of Service ("Terms") govern your use of the Anthony Franco ("Owner") Web site located at http://unize.com/ (the "Site") and the services that are made available through the Site (collectively, the "Unize Service"). Please read these Terms carefully. By using the Unize Service, you are stating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Unize Service.

1. Your Responsibilities. You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Unize Service and for paying all charges related thereto. You agree not to use the Unize Service to violate any local, state, national, or international law or regulation.
2. User Submissions. Owner does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the Unize Service ("User Submissions"). As between Owner and you, you own all rights to your User Submissions. However, to enable Owner to provide the Unize Service, you grant Owner worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed. Owner does not pre-screen User Submissions and you agree that you are solely responsible for all of your User Submissions.
3. Copyright Infringement

   Owner respects the intellectual property rights of others. Accordingly, Owner has a policy of disabling access to any Submission that violates copyright law, suspending access to the Unize Service to any user who uses the Unize Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Unize Service in violation of copyright law.

4. Termination. You agree that Owner may terminate your Unize Service membership or suspend your access to all or part of the Unize Service, without notice, if Owner determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that Owner shall not be liable to you or any third party for removing your Submissions or suspending or terminating your access to the Unize Service. You may discontinue your participation in and access to the Unize Service at any time.
5. Modifications To Terms. Owner may, in its sole and absolute discretion, change these Terms from time to time. Owner will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the Unize Service. Continued use of the Unize Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
6. Modifications To Unize Service. Owner reserves the right to modify or discontinue the Unize Service with or without notice to you. Owner shall not be liable to you or any third party should Owner exercise its right to modify or discontinue the Unize Service.
7. Links. Owner's provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Owner endorsement of such other Web site or resource or its contents. Owner shall have no responsibility or liability for any information, software, or materials found at any other Web site or Internet resource.
8. No Resale Of Unize Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which Owner agrees you retain all rights) of the Unize Service, use of the Unize Service, or access to the Unize Service.
9. Disclaimer of Warranties. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE UNIZE SERVICE IS AT YOUR SOLE RISK. THE UNIZE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNIZE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE UNIZE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). UNIZE MAKES NO WARRANTY THAT THE UNIZE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE UNIZE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UNIZE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNIZE OR THROUGH THE UNIZE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. Limitation of Liability. YOU UNDERSTAND AND EXPRESSLY AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL UNIZE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE UNIZE SERVICE.
11. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that Owner may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Owner. liability shall be the minimum permitted under such applicable law.
12. Indemnification. You agree to indemnify, defend, and hold harmless Owner its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the Unize Service, (b) your (or anyone using your account's) use of the Unize Service, (c) your (or anyone using your account's) violation of these Terms, and (d) your (or anyone using your account's) violation of any rights of any other person or entity.
13. Miscellaneous. These Terms constitute the entire and exclusive and final statement of the agreement between you and Owner with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and Owner with respect to the subject matter hereof. These Terms and the relationship between you and Owner shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Unize Service shall be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Owner to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Owner and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You 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 the Unize Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2, 5, 6 and 11 through 16 of these Terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Unize Service.