TERMS & CONDITIONS
IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING OR ACCESSING THIS WEB SITE YOU AGREE TO THESE TERMS AS CURRENTLY IN EFFECT OR AS MAY BE MODIFIED.
Unisource Program Administrators ("UPA") operates this Web site (“Web site”) as a service to clients, colleagues, suppliers, the community in which we live and work, and others subject to these terms and all modifications hereto. By entering and/or using this Web site, you, the user, agree to comply with and be bound to the terms and conditions set forth below (“Terms”).
If you disagree with, or are not willing to abide by the Terms, do not use this Web site. UPA reserves the right to modify the Terms at any time, and without actual notice to you. You should check the Terms periodically for changes. All such changes to the Terms will appear on this Web site. By entering and/or using this Web site following any modifications to the Terms, you agree to be bound by any such modifications to the Terms. UPA reserves the right to expel users and prevent their further access to this Web site in its sole discretion without notice.
We respect the privacy rights of our clients, prospective clients, colleagues, employment applicants, associates and those we conduct business with. We will use, at minimum, a reasonable standard of care in protecting the privacy and security of your information.
When you visit this Web site, UPA may automatically collect certain non-identifying information that allows the Web site to communicate with the user’s computer during the visit. UPA may also track the number of visits to the site, which parts of the site users select, IP address (the Internet address assigned to your computer from your Internet Service Provider), domain type, browser type (e.g., Netscape or Internet Explorer), date and time of day. This information is not sold or otherwise disclosed to third parties. In addition, UPA may store some information on your computer’s hard drive as a "cookie" or similar type of file. UPA uses this information internally, to help us enhance the efficiency and usefulness of the Web Site. If you object to this, please consult your Browser’s documentation for information on erasing or blocking cookies.
COLLECTION AND USE OF INFORMATION
UPA collects and uses personal information to respond to requests for information, products and services. UPA collects personal information when you:
- Subscribe to newsletters or utilize our Web site to seek employment or employees. Your e-mail address is collected and will be used to send you the newsletter(s) or the services you have requested. You may subscribe or unsubscribe from our e-mail communications at any time.
- Participate in a promotion or online survey in which we ask you for contact information (like e-mail address). We may ask for additional optional survey information (like service preferences). We use this information to administer the program or activity, to notify winners, and, if you give us your opt-in consent at the time we collect your information, to send you promotional materials.
- Contact UPA with a question or suggestion. We collect your name, e-mail address and any comments you have. We use this information to respond to and/or resolve your question or concern.
- Apply for employment with UPA. We may ask you to submit your contact information, job application, resume and related documents. This information will be used to evaluate your qualifications for the desired position and possibly to contact you for further information or an employment interview.
- When accessing UPA’s Web site, we may give you the option of submitting other general information, such as company name, title and how you heard about us. Optional information is requested to help us better understand our clients, customers and Web site visitors. If you have requested that we send you additional information regarding services, products and events, we may also use the optional information to fulfill this request.
When you visit our Web site, UPA may collect technical information that does not by itself identify a specific individual. This information (sometimes referred to as "non- personally identifiable information") may include the address (or "URL") of the Web site that you came from before visiting our site, which pages you visit on our site, which browser you used to view our site and any search terms you have entered on our site. This technical data is aggregated and used to measure and improve the effectiveness of the UPA Web site. We do not attempt to combine this technical data with the personal information we collect on our site.
COOKIES, WEB BEACONS AND THIRD PARTY ADVERTISERS
Microsoft Internet Explorer: www.microsoft.com/info/cookies.htm and
Netscape Navigator: www.netscape.com/legal_notices/cookies.html.
HOW INFORMATION IS USED
You retain control of your information. UPA will not use or share the personal information we collect in ways unrelated to the purpose for which you provided the information without first obtaining your consent (opt-in). At the time you provide your information, you can choose whether you want to receive further communications about special offers, product information or other marketing messages. If we collect your information and you are not presented with a choice, this indicates that the information you submit will only be used to fulfill your request. If you do opt-in to marketing communications from UPA, you can opt-out at any time. All e-mail communications from us, such as newsletters, tell you how to stop receiving them.
SECURITY OF PERSONAL INFORMATION
UPA uses a variety of safeguards to protect your information from loss, misuse, alteration or destruction. For example, we use internet and network security technology to prevent unauthorized parties from viewing any personal information transmitted to or from us. We only provide access to your personal information to UPA colleagues and other authorized parties on a "need to know" basis. However, please be careful whenever sending personal information to UPA via e-mail. E-mail commonly may not be a completely secure means of transferring information.
UPA does not seek any sensitive information from visitors to this Web site, unless legally required to do so, for example, in connection with recruiting or hiring. Sensitive information includes a number of types of data relating to: race or ethnic origin, political opinions, religious or other similar beliefs, trade union membership, physical or mental health, sexual life or criminal record. UPA suggests that you do not provide sensitive information of this nature. However, if you do provide such information, UPA accepts your explicit consent to use that data in the ways described in this Privacy Statement or in the ways described at the point where such information is disclosed.
OPT OUT/MODIFY INFORMATION
You can request the removal or modification of your Personal Information by sending an e-mail to the appropriate area under "Contact Us". We will then make a reasonable effort to accommodate your request. It will be helpful to let us know the context in which you provided Personal Information.
Notwithstanding any other statements or representations here or elsewhere on this Web site, UPA reserves the right to disclose any information in our possession if we are required to do so by law; or we believe, in good faith, that such a disclosure is necessary to comply with the law; to protect, prosecute or defend our rights or property; or to respond to an emergency situation.
If you have any questions about the content of these Terms, please contact UPA as follows:
Unisource Program Administrators
Attn: General Counsel
P.O. Box 22475
Oklahoma City, OK 73123
INTELLECTUAL PROPERTY RIGHTS / COPYRIGHTS / TRADEMARKS
The contents of this Web site, including but not limited to text, graphics, images and other content are protected by copyright, trademark and other intellectual property right laws. The names, marks and logos appearing in this Web site are, unless otherwise noted, trademarks owned by or licensed to UPA. The use of these marks, except as provided in these Terms is prohibited. From time to time, UPA makes fair use in this Web site of trademarks owned and used by third parties. Any such marks are clearly noted, and UPA makes no claim of ownership to those marks.
You are prohibited from using this Web site to infringe on any person's copyright, trademark, patent or other intellectual property rights. UPA may terminate your right to access the Web site if it believes you are using this Web site in a manner that infringes upon the copyright, trademark, patent or other intellectual property rights of another. Except as otherwise provided in these Terms, you may not download or save a copy of the contents of this Web Site or any portion thereof, for any purpose. Subject to copyright notice, trademark use and link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Web site solely for your personal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens. Use of the contents of the Web site on any other web site or in a networked environment is prohibited. Other than as specifically set out in this paragraph you may not copy (whether by printing off onto paper, storing on disk, placing on another site, downloading in any other way), distribute, broadcast, alter or tamper with in any way any portion of this site. You may not sell or modify the contents of this Web Site or reproduce, display, or distribute it for any public purpose.
The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is:
Unisource Program Administrators
Attn: General Counsel
P.O. Box 22475
Oklahoma City, OK 73123
Telephone: (405) 728-5544
You are prohibited from violating, or attempting to violate, the security of this Web site. Any such violations may result in criminal and civil liabilities to you. UPA will investigate any alleged violations, and, if a criminal violation is suspected, it will cooperate with law enforcement agencies in their investigations. Violations of the security of this Web site include, without limitation, the following:
- Logging into or attempting to log into a server or account that you are not authorized to access;
- Accessing data or taking any action to obtain services not intended for you or your use;
- Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
- Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of this Web site;
- Interfering with, intercepting or expropriating any system, data or information; or
- Interfering with service to any user, host, or network including, without limitation, by means of overloading, "flooding," "mail bombing," or "crashing" any computer system.
You are also prohibited from:
- Spamming or similar actions such as transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee);
- Posting an e-mail, or otherwise transmit or use the Web site in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person's privacy or other rights, or any material that UPA in its sole discretion does not wish posted or transmitted on the Web Site;
- Continuing to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you;
- Engaging in and/or encouraging conduct that would violate any applicable law or regulation or give rise to civil liability;
- Impersonating any individual or entity, falsely state or otherwise misrepresenting your identity or affiliation in any way, or forging, deleting or altering any part of TCP/IP packet header information in any e-mail or other posting;
- Engaging in deceptive online marketing; or
- Assisting or permitting any persons in engaging in any of the activities described above; or
- Linking to this site without prior written permission from UPA.
You are responsible for any material you place on or transmit to or through this Web site. You agree, represent and warrant that any information you post to or transmit through this Web Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.
UPA has the right to use, without any payment or accounting to you or others, any concepts, ideas which you (and those on your behalf) transmit to or through this Web site. By your use of the Web Site you receive no license, express or implied, under any patent rights, trade secret or other intellectual property rights now or hereafter, owned, controlled or possessed by UPA.
Except as specifically noted above, no right or license is granted to you under any copyright, patent, trademark or other intellectual property law to use, copy, reproduce, retransmit, display or create derivative works from materials, logos and content contained within this Web Site.
DISCLAIMER OF WARRANTIES
UPA DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE WEB SITE, OR IF THE SITE’S MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, UPA SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. UPA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH CLAIMETRICS STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
LIMITATION OF LIABILTY
IN NO EVENT SHALL UPA OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UPA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Although UPA strives for accuracy in all elements of the Web site, it may contain inaccuracies or typographical errors. UPA makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Web site or about the results to be obtained from using the Web site. You use this Web Site and its contents at your own risk. The information and discriptions contained herein are not intended to be a complete description of all terms, exclusions and conditions applicable to the products and services, but are provided solely for general information purposes.
RECOMMENDATIONS AND ENDORSEMENTS
UPA does not recommend nor ensore any specific insurance carrier or payroll partner.
You agree to indemnify, hold harmless, and defend UPA as well as UPA officers, directors, employees, subcontracts, agents and assigns from and against any and all losses, claims, damages, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees and accounting fees, that UPA may become obligated to pay arising or resulting from your use of the Web Site and contents therein or your breach of these Terms. UPA further reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
If you are dissatisfied with any portion of this Web site or with any of these Terms, your sole and exclusive remedy is to discontinue using this Web site.
APPLICABLE LAW AND JURISDICTION
By accessing or visiting this Web Site, you expressly agree that the laws of Oklahoma, excluding its conflict of laws principles, shall govern these Terms. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Oklahoma in connection with any such dispute and including any claim involving UPA or its telecommunication providers and content providers. If federal jurisdiction exists over any action, suit or proceeding arising out of or in any way connected with any claim involving UPA, you agree that the United States District Court for the Western District of Oklahoma has exclusive jurisdiction and is the appropriate venue. When federal jurisdiction does not exist over the action, suit or proceeding, you and UPA designate the District or Circuit Court for the County of Oklahoma, Oklahoma, for the exclusive resolution of that dispute and submit to the jurisdiction of that court.
If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Web site, these Terms and Conditions constitute the entire agreement between the visitor and UPA with respect to your use of this Web Site.
Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises.
This Web site originates from Oklahoma City, Oklahoma. UPA does not claim that the content on this Web site is appropriate for or may be used outside of the United States. Access to the Web site may not be legal by certain persons or in certain countries. If You access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with all applicable US and local laws. You may not export or re-export any Services, information or materials accessed on or described on this Site except in full compliance with all United States laws and regulations. In particular, you may not export or re-export into (or to a national or resident of) any country to which the United States embargoes or sanctions goods, services or technology, to any person or entity on the U.S. Treasury Department's List of Specially Designated Nationals, the U.S. Bureau of Export Administration Entity List, the U.S. Bureau of Export Administration Denied Persons List or the U.S. Commerce Department's Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export or use the Web site and its contents.