TERMS AND CONDITIONS OF USE

THESE TERMS OF USE constitute an agreement (“Agreement”) made between Unity08 and any person accessing Unity08’s website (“You”) with respect to Your use of Unity08’s website (the “Site”). You agree to abide by all of the terms contained in this Agreement as a condition of Your continuing to access, view or use the Site. This Site and any of its services are provided subject to compliance with these terms and conditions of use. Unity08 and You are collectively referred to as the parties.

BY ACCESSING, VIEWING OR USING ANY PART OF THE SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU DO NOT HAVE UNITY08’S PERMISSION TO ACCESS, VIEW, USE OR LINK TO ANY PART OF THE SITE. ANY SUCH UNAUTHORIZED USE VIOLATES UNITY08’S RIGHTS IN THE SITE AND IS STRICTLY PROHIBITED.

1. Site Description

a. Description. The Site is proprietary to Unity08 and is protected by intellectual property laws and international intellectual property treaties. Your access to the Site is licensed and not made available unconditionally to You. Subject to the terms and limitations set forth in this Agreement, Unity08 agrees to provide You with a personal, non-transferable and non-exclusive right to access, view, use and link to the Site.

b. Accessibility. You agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Unity08 may undertake from time to time; or (iii) causes beyond the control of Unity08, whether or not foreseeable.

c. Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for Your use of the Site, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.

d. Linking. You may link to the Site only by means of a hypertext link (a Hypertext Reference or “HREF”), the most fundamental hyperlink, achieved through use of a piece of text which is differentiated from regular text onscreen by a special color or formatting, such as underlining. HREF simply directs the reader from information displayed on Your site to information displayed on this Site subject to the limitations set forth in Section 4 below. Operationally, when a user clicks on a hypertext link, its browser terminates its link to Your site and establishes a new connection with this Site. Such HREF’s display content from only one site at a time, and Your site does not copy the Site Content from this Site by means of a HREF link. The hypertext links permitted under this Section may not incorporate textual or graphical materials from this Site and may not be used to engage in unfair trade practices, such as passing off, misappropriation of goods and services, false advertising and trade libel. Unity08 reserves the right, in its sole discretion, to revoke any right granted under this Agreement to You to link to the Site.

e. Licensed Use of Site Content. Provided You comply with the linking requirements of this Site and refrain from framing, in-line linking and/or deep-linking, You may copy, publish and distribute any Content on the Site only for the purpose of political commentary and/or comment and not otherwise (the “Licensed Use”) without the prior consent of Unity08 provided You accurately reproduce such Content and attribute such Content to Unity08. However, the accuracy that is a condition of Your Licensed Use is not satisfied if such Content is changed or modified to alter the intent or meaning of the Content as published initially on the Site. Your right to engage in the Licensed Use is personal to You, may not be assigned to any other person, and may be for non-commercial purposes only. Unity08 reserves the discretion, to revoke any right granted under this Agreement to You to engage in the Licensed Use of Unity08 Content.

2. Limitations

a. Security. You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that You transmit to the Site. Any passwords used for this Site are for individual use only. You will be responsible for the security of Your password (if any). Unity08 will be entitled to monitor Your password and, at its discretion, require You to change it.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, Unity08 reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents. Unity08 reserves the right to investigate suspected violations of these Terms of Use.

b. Privacy. Unity08 takes the issue of privacy on the Internet very seriously. To view our Privacy Policy, click here. Unity08 will not collect, monitor, edit, or disclose any personal information about You, including Your use of the Site, without Your prior consent or other than as stated in our Privacy Policy. You have no expectation of privacy with respect to the Internet generally or this Site in particular except as stated in our Privacy Policy.

c. Nature of Site Content. Unity08 makes information available on this Site as a service to the public and to our supporters and other friends for informational purposes only. The materials on this Site are not intended to create any relationship between Unity08 and You or anyone else. Any such relationship must be expressly created between Unity08 and You by means of direct, interpersonal contact between You and Unity08. You should not act (or refrain from acting) based upon information in this Site without obtaining professional advice regarding Your particular facts and circumstances.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Unity08. You should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of Your own judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to Your purposes. All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Unity08 does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.

d. Confidentiality of Information Transmitted to Unity08. You also should be aware that if You send messages to Unity08 (or any of its staff, employees, agents or representatives) through Internet electronic mail or through the Unity08 Site, such means are not secure, and Unity08 does not guarantee the confidentiality of such communications. Unity08 does not agree to accept and/or maintain the secrecy of any unsolicited information You send to Unity08 except if a relationship currently exists between us. No such relationship is created unilaterally by Your sending to Unity08 any information You consider to be confidential. The creation of a confidential relationship is only by means of Unity08’s formal, express agreement. However, Unity08 cannot and does not guarantee the confidentiality of correspondence through Internet electronic mail or through the Unity08 Site.

e. Changes. Unity08 reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in our sole and absolute discretion. Changes in this Agreement will be posted on this Site. Your continued use of this Site after any changes are made, shall be deemed Your acceptance of the changes.

f. Hyperlinks. This Site may be hyperlinked to other sites which are not maintained by, or related to, Unity08. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or Unity08. Unity08 has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at Your own risk, and Unity08 makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this Site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Unity08 of that site or any its content.

g. Submissions. You hereby grant to Unity08 the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Unity08 through this Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Unity08 will not be required to treat any Submission as confidential, and may use any Submission in its business, activities, fund-raising and Site Content (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Unity08 operations or activities. Notwithstanding the foregoing, to the extent any Submission falls within the scope of the Privacy Policy, it shall be treated in accordance with the Unity08’s Privacy Policy.

h. Disclaimer. You understand that Unity08 cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Unity08 does not assume any responsibility or risk for Your use of the Internet nor that You will have any access and/or uninterrupted access and use of the Site and/or any hyperlinked links and/or the Internet.

3. Copyright

The Site, its text, visual imagery, and website design are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. The Content of the Site are only for Your personal, informational and noncommercial use including, without limitation, any Licensed Use. All materials contained on the Site are protected by copyright and are owned or controlled by Unity08 or the party credited as the provider of the Content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site. No right to use, copy, publish, transmit or modify the copyrighted Content, message or non-literal elements of the Site including, without limitation, its “look and feel” is granted to You; all such rights are reserved exclusively to Unity08 except as expressly permitted as a Licensed Use.

4. Prohibited Uses

You are solely responsible for any and all of Your acts and omissions that occur when using the Site, and You agree not to engage in unacceptable use of the Site.

You may not post, send, submit, publish, or transmit in connection with this Site any material that:

• You do not have the right to post, including proprietary material of any third party;
• transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
• consists of unsolicited messages and mass mailings, chain letters or unsolicited commercial e-mail, junk mail, "spam," or promotions or advertisements for products or services; • advocates illegal activity or discusses an intent to commit an illegal act;
• to a reasonable person may be abusive, obscene, pornographic, indecent, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
• does not pertain directly to this Site;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, malicious, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents Your connection to any other entity or person;
• forge any TCP/IP packet header or any part of the header information in any email, content/information/data submitted through the Site, or in any way use the Site or Site Content to send altered, deceptive or false source-identifying information or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
• solicits funds, advertisers or sponsors;
• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
• includes MP3 format files;
• amounts to a “pyramid” or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site;
• contains hyperlinks to other sites that contain content that falls within the descriptions set forth above;
• engage in deep-linking, in-line linking, or framing of any Content of the Site without Unity08 prior express, written permission;
• engage in systematic retrieval of data or other content from this Site or any of its Content to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Unity08 by use of spiders, bots, scrapers or other tools;
• attempt to access or search the Site or Site Content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Unity08 or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator); or
• engage in any other activity deemed by Unity08 to be in conflict with the spirit or intent of these Terms of Use.

5. Termination

This Agreement is effective upon Your access or use of the Site and shall continue in full force until terminated. Unity08 reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend Your access to or use of all or any portion of the Site; and (c) terminate this Agreement. You can terminate this Agreement only by discontinuing all access to or use of the Site.

6. Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. USE OF THE SITE IS AT YOUR SOLE RISK. UNITY08 DOES NOT WARRANT THAT THE SITE, ITS FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DOES UNITY08 MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE. UNITY08 MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, IN RELATION TO THE SITE AND ITS CONTENT. THE MATERIALS ON THIS SITE ARE PROVIDED AS GENERAL INFORMATION ONLY – AND ARE NOT PROMISED OR GUARANTEED TO REFLECT THE MOST CURRENT DEVELOPMENTS IN ANY FIELD. UNITY08 DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE MATERIALS ARE COMPLETE, ACCURATE OR UP-TO-DATE. NOR IS UNITY08 RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT MAY BE ACCESSED THROUGH THIS SITE, AND REFERENCE TO THIRD PARTY INFORMATION, PRODUCTS OR SERVICES AT THIS OR ANY LINKED SITE DOES NOT CONSTITUTE AN EXPRESS OR IMPLIED WARRANTY OR ENDORSEMENT BY UNITY08.

UNITY08 DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND UNITY08 MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT UNITY08, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. UNITY08 MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

UNITY08 DOES NOT CONTROL, NOR CAN CONTROL, THE FLOW OF DATA TO OR FROM INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS PROVIDERS AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY SUCH THIRD PARTIES MAY PRODUCE SITUATIONS IN WHICH YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF) MAY BE IMPAIRED OR DISRUPTED AND UNITY08 CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, UNITY08 DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. UNITY08 SHALL NOT BE LIABLE TO YOU, ANY USER OR ANY OTHER THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY BE SUFFERED BY YOU, ANY USER OR ANY SUCH THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY AND ALL LOSSES OR DAMAGES OF ANY AND EVERY NATURE, RESULTING FROM THE LOSS OF DATA, INABILITY TO ACCESS THE INTERNET, OR INABILITY TO TRANSMIT OR RECEIVE INFORMATION, CAUSED BY, OR RESULTING FROM, DELAYS, NON-DELIVERY, OR SERVICE INTERRUPTIONS WHETHER OR NOT CAUSED BY THE FAULT OR NEGLIGENCE OF UNITY08. UNITY08 SHALL NOT BE RESPONSIBLE FOR THE SITE’S NOT BEING ACCESSIBLE ON THE INTERNET DUE TO CIRCUMSTANCES NOT IN THE DIRECT CONTROL OF UNITY08 SUCH AS, WITHOUT LIMITATION, YOUR EQUIPMENT CAPABILITIES, LIMITATIONS OR INTERNET SERVICE PROVIDER LIMITATIONS. UNITY08 SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR UNAUTHORIZED DISSEMINATION OF ANY DATA, WHETHER AS A RESULT OF DEFEAT OF DATA SECURITY, MISAPPROPRIATION OR MISUSE OF PASSWORDS, OR ANY OTHER CAUSE NOT IN THE DIRECT CONTROL OF UNITY08.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL UNITY08 BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR OTHER ECONOMIC LOSS FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE INCLUDING PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF UNITY08 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE. IN NO EVENT SHALL UNITY08’S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EXCEED THE TOTAL AGGREGATE AMOUNT OF $50.00. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SITE.

YOU AGREE THAT THE EXCLUSIONS, DISCLAIMERS AND LIMITATIONS OF LIABILITY IN FAVOR OF UNITY08 SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS ON WHICH AND ALLOCATION OF RISK BETWEEN YOU AND UNITY08, NOTWITHSTANDING THAT ANY REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE.

8. Indemnification

You agree to indemnify, hold harmless and defend Unity08, its directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to: (a) Your use of the Site, including any data or work transmitted or received by You; and (b) any unacceptable use of the Site, including, without limitation, any statement, data or content made, transmitted or republished by You which is prohibited as unacceptable at Section 4.

9. Trademarks

Trademarks, service marks, and logos appearing in this Site are the property of Unity08 or the party that provided the trademarks, service marks, and logos to Unity08. Unity08 and any party that provided trademarks, service marks, and logos to Unity08 retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.

10. Reservation of Rights.

Unity08 reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, You remain solely responsible for the content of Your Submissions. You acknowledge and agree that neither Unity08 nor any third party that provides Content to Unity08 will assume or have any liability for any action or inaction by Unity08 or such third party with respect to any Submission.

Unity08 reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Unity08 to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS UNITY08 FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY UNITY08 DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER UNITY08 OR LAW ENFORCEMENT AUTHORITIES.

11. Digital Millennium Copyright Act

You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. Unity08 has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If You believe any material in this Site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims (“Designated Agent”).

You may notify us of alleged intellectual property rights infringement by contacting us at:

• Unity08
• P.O. Box 12545, Arlington, VA, 22219
• 202 333 2599 Phone
• 202 333 2599 Fax
• info@unity08.com

Please be aware that, in order to be effective, Your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending Your claim.

Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

12. Opt-out Rights

You may be contacted by Unity08 by e-mail or other forms of direct mail or telemarketing. However, You may “opt-out” of receiving such communications by sending an e-mail to Unity08 and electing “No Direct Mail” and “No Telemarketing” options. To unsubscribe from email notifications, click here. If You do not want any notices of enhanced services, offerings or solicitations from Unity08, Unity08 will remove You from the lists used by Unity08 for e-mail, direct mail or telephone solicitations.

13. Miscellaneous

a. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

b. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

c. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

d. Notice. Except as provided in Section 11 above regarding notices under the DMCA, all notices shall be in writing and shall be deemed to be delivered when sent by e-mail to either parties' last known e-mail address. You hereby consent to notice by e-mail. Notwithstanding the foregoing, You may remove Your name and e-mail address from any correspondence sent by Unity08 by notifying Unity08 in writing that You are opting out of any future correspondence from Unity08. All e-mail addresses obtained by Unity08 through this Site will be treated strictly in accordance with the Unity08’s Privacy Policy.

e. Law. This Agreement is made in and shall be governed by the laws of the Commonwealth of Virginia without reference without reference either to its choice of law provisions or its Arbitration statute or other dispute resolution provisions, and the U.S. Arbitration Act, 9 U.S.C. §§ 1 et seq.

f. Binding Arbitration. Any and all disputes between both parties arising out of or otherwise relating to this Agreement and its implementation will be settled solely and exclusively by arbitration by a single arbitrator in the Commonwealth of Virginia, United States of America, pursuant to the J.A.M.S/ENDISPUTE’s Streamlined Arbitration Rules and Procedures then in effect. The arbitrator shall not be empowered to hear any class action claims. Any decision rendered shall be final and conclusive upon both parties and a judgment thereon may be enforced in any court having jurisdiction. All costs incurred in arbitrating a dispute shall be shared in proportion to the parties' respective amounts of liability. Notwithstanding the foregoing, Unity08 shall have the right to institute an action in any court or tribunal in the event You infringe Unity08 's proprietary rights or breach Your restricted use obligations and or exceed the scope of any Licensed Use of Content.

g. Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the Commonwealth of Virginia. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the Commonwealth of Virginia. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or local courts in the Commonwealth of Virginia and to the laying of venue of any such suit, action or proceeding brought in any such federal or local court in the Commonwealth of Virginia.

h. Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this Section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the local or federal courts of the Commonwealth of Virginia.

i. Attorney's Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

j. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.

k. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

l. Survival. The terms and provisions of Sections 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 shall survive any termination or expiration of this Agreement.

m. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site, its Site Content, and Unity08’s responsibility and/or liability to You for the Site and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site. YOU HAVE READ, UNDERSTAND AND AGREE TO THE FOREGOING TERMS & CONDITIONS OF USE SET FORTH IN THE ABOVE AGREEMENT.

Revised October 2024

© Copyright 2024 Unity08. All Rights Reserved.