Active as of Aug 16, 2022
These Union General Terms of Service (“TOS”) govern Your (“You”) use of any Union Circuits (“Union”) website, platform or service offering, including services offered in connection with specific Union products that You have licensed. By registering for, using or accessing any Union website, platform for service you agree to these terms of service. If you do not agree, please exit the website, platform or service and refrain from future use. You may access and use Union services only if you are 18 years or older. These TOS may be modified or amended by Union at any time and will apply upon Your use of the website, platform or service after any such change. But we want to make one thing clear at the start: You (and/or others collaborating with You) own all Data that You choose to submit to and store with Union as part of any website, platform or service. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information that You provide to Union regarding its products or services, however, are hereby assigned to and owned exclusively by Union. So long as You agree to comply with and do comply with these TOS Union grants You a worldwide, non-exclusive, non-transferable right to enter and use the Union websites, platforms services as more particularly described below.
Your privacy is important to Union and as such Union has adopted a strict Privacy Policy regarding use and collection of any of Your personal information, which Policy can be found at this link: https://unitpcb.com/privacy-policy/. This Privacy Policy describes the information we collect in connection with our products and services and as well as apprises You of Your rights concerning such data collection. In all cases, it is Union’s intent to comply with Your rights under applicable privacy laws such as the GDPR and the exclusive jurisdiction of the Court of HKSAR.. Union may amend its Privacy Policy in its sole discretion. Union has implemented numerous technical and administrative measures to protect the privacy of both personally identifiable information and any content You submit during the use of Union services (“Data”). If You are a company, You must determine the persons within Your organization who may submit information for use in connection with any Union service and are responsible for protecting the access within Your company to the Union services by only designated individuals.
These TOS apply to Your use of any Union website, platform or service. In addition, some of Union products are governed by Union’s end user license agreement (EULA), customers will be prompted to accept the EULA when applicable.
In the event that Union introduces a new product or application that is added to the website, platform, or service offering by accepting the TOS You agree to be billed, if applicable, for consumption and usage with associated payment and billing schedule outlined in Section 7.
Except for Your Data contained on any Union website, platform or service, including all text, graphics, trademarks and logos, sound, images and all underlying computer code in any form, together with all associated trade dress or “look and feel” of the website or platform is exclusively owned by Union or licensed to it for use and is protected by numerous intellectual property and other laws, including but not limited to copyright, trademark, trade dress, and unfair competition laws. Unless otherwise stated herein no part of any Union website, platform or service may be copied, reproduced, republished, translated, transmitted or distributed in any manner (including “mirroring”) without Union’s prior written consent.
In order to make use of parts of the Union website and certain Union services such as the Online Quote, You must establish an account with Union, which can be done online. You may be asked to provide an identifier and password for Your account. In establishing any such account You agree not to provide any false or misleading information in connection with such account. It is Your sole responsibility to maintain the confidentiality of such account information and You are solely responsible for any activity undertaken in connection with Your account in the event You Fail to maintain confidentiality of the account information. If You create an Union account for a company that You work for You represent that in doing so You have the authority to bind the company by establishing such an account. You further agree that You may not transfer such an account to any other person or company and that You and/or Your company is responsible for any activity that occurs within or as a result of Your account.
The rights granted to You to use any Union website, platform or service are expressly conditioned upon Your refraining from any of the following activities and such usage and access rights shall automatically terminate in the event You do engage in any such activities, whether Union discovers or is aware of such actions then or at some later time:
Your payment terms and fees due for use of any Union product or service are set forth in a quote or invoice, or Your Union Dashboard to You from Union either in connection with Your licensing of Union software or in setting up an account for Union platform services. Union accepts several forms of payment plans. For each plan, the fees are non-cancellable and non-refundable, even if amounts are still due at the time of cancellation. Amounts due cannot be reduced during the applicable service period. Where additional services are selected after Your having established an initial Union account fees due for such additional service(s) may be prorated so as to make termination and renewal of fees occur on the same date for each service payment. Renewal of Your service at the level You have selected shall automatically renew unless You notify Union no later than thirty (30) days prior to the expiration of Your then-current service period that You do not wish to renew. Any renewal fees shall be charged to the credit card, invoice or other payment method You have included in Your account registration but shall be effective whether or not Your payment information is current. Payment for any renewal must be in advance and is non-refundable and is due net 30 days from the date of invoice. You shall be responsible for all taxes (except Union’s income taxes) related to any such fees. In the event You fail to make timely payments hereunder Union shall be entitled to interest on the delayed payment at the highest rate allowed by law.
Union’s service level commitment is to make each Union website, platform and service available at the highest reasonable level, not counting regularly scheduled maintenance, outages due to internet infrastructure beyond Union’s control or outages due to Your equipment or networks. Union’s availability commitment does not include responsibility for availability within Your premises or over the infrastructure of the public internet. Additionally, Union shall provide commercially reasonable maintenance in connection with its various websites, platforms, and services. Union does not guarantee and disclaims any warranty as to the availability of its websites, platforms or services, as well as availability of Your Data.
Some Union websites, platforms or services may contain links to third-party, non-Union websites or services. Such links are provided for Your convenience only and Union does not control or endorse any such third-party websites or services, nor is Union responsible for any damage that You suffer in linking to or interacting with such third-party websites or services.
In order to provide security for Your Data, Union takes commercially reasonable steps to protect the confidentiality of the same. For example, in connection with the Union platform and service Union has partnered with Cloudflare to deliver advanced internet security for cloud computing. Union and Your Data are hosted in the secure Cloudflare environment and Union leverages strict controls on admin access, firewalls and other advanced technologies to block access from outside intruders. Our goal is to ensure that Your Data is only available to users You have registered and to whom You have given explicit access permission.
In order to maintain services that are available to all Union software licensees, Union has adopted a fair data storage policy whereby Your storage of Your Data in connection with any website, platform or service is compared to that of other users thereof (per account). Union will only notify You of a data storage problem if it determines that Your usage appears to be substantially greater than that of other users. In the event that Union determines that You are storing more Data on any platform or service than Union deems reasonable You shall receive notice thereof from Union with instructions as to the level of Data reduction required to be in compliance. On a case by case basis, Union may offer an option to increase Your service fees to cover the costs incurred by Union associated with storing Your Data. In the event You do not modify Your Data storage amount or reach an agreement regarding additional service fees You may be denied access to the particular website, platform or service until a suitable resolution is reached or until Your account is terminated.
By submitting, storing or accessing any of Your Data through any Union website, platform or service You hereby represent that You have the right to make any such use of the Data and that the Data does not infringe upon or misappropriate the intellectual property rights of any third party. In the event that Union receives notification that any of Your Data submitted by You to an Union website, platform or service infringes upon or misappropriates the intellectual property rights of any third party Union shall comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) and other applicable laws in handling any such notices. If You believe that any content on an Union website, platform or service infringes upon Your copyright rights You may notify Union of the same at [email protected].
SUBJECT TO THE WARRANTIES SET FORTH HEREIN UNION DOES NOT GUARANTEE THAT THE ANY UNION WEBSITE, PLATFORM OR SERVICE WILL ALWAYS BE AVAILABLE, ERROR-FREE OR UNINTERRUPTED. THE CONTENT DISPLAYED WHEN YOU USE ANY UNION WEBSITE, PLATFORM OR SERVICE IS PROVIDED ON AN “AS-IS” BASIS AND IS SUBJECT TO CHANGE AT ANY TIME IN UNION’S SOLE DISCRETION. UNION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ITS PRODUCTS, WEBSITE, PLATFORMS OR SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNION ALSO DISCLAIMS ANY LIABILITY FOR ANY DAMAGE YOU SUFFER BY DOWNLOADING ANY FILES OR CONTENT FROM AN UNION WEBSITE, PLATFORM OR SERVICE OR FROM ANY THIRD-PARTY WEBSITE, PLATFORM OR SERVICE TO WHICH ANY OF THE SAME ARE LINKED, WHETHER DUE TO A COMPUTER VIRUS OR ANY OTHER REASON. YOUR SOLE REMEDY AGAINST UNION FOR ANY CLAIMED DAMAGE IS TO CEASE USE OF THE WEBSITE, PLATFORM OR SERVICE. THIS DISCLAIMER APPLIES TO ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER TORT OR STATUTORY CAUSE OF ACTION, WHETHER NOW EXISTING OR LATER COMING INTO EXISTENCE.
Except where prohibited by law, in no event shall Union be liable to You for any indirect, consequential, incidental, punitive or exemplary damages, including but not limited to lost profits or computer downtime associated with Your use of any Union website, platform or service, or Your loss of Data, even if Union has been notified of the same. You agree that You are responsible for backing up any Data stored by Union and that Union shall in no event be liable for Your failure to do so or any loss of such Data. If for any reason this limitation of liability is not enforced and Union is held liable to You in connection with Your use of an Union website, platform or service, You agree that the maximum damages that Union shall be liable for in connection with such an event are $100 U.S. Dollars. In the event You live in a jurisdiction that prohibits limitations of liability this Section shall not apply to You without any effect upon the other provisions in these TOS.
You agree to indemnify, defend and hold harmless Union and its officers, directors, employees and agents from any third-party demands, losses, liability, claims or expenses (including attorneys’ fees) arising out of Your use of any Union website, platform or service. In the event You become aware of any third party claim arising out of Your use of the same or in using Your Data You shall immediately notify Union of such claim and shall proffer a defense thereto. Union shall reasonably cooperate with You in such defense at Your expense. Union agrees to indemnify, defend and hold You harmless from and against any third-party demands, losses, liability, claims or expenses (including attorneys’ fees) arising out of a claim that an Union website, platform or service (and not Your Data) infringes upon or misappropriates the intellectual property rights of a third party. You shall reasonably cooperate with Union in such defense at Union’s expense. Union in no event shall be obligated to indemnify, defend or hold You harmless when the third-party claim arises from submission of Your Data, by use of that Data by You or by any unauthorized change made to an Union website, platform or service by You. In the event that Union determines that it must amend any Union website, platform or service to avoid or limit such claims of infringement or misappropriation You understand and agree that Union may do so without obligation to You.
Union may at any time take action to bar Your continued use of any Union website, platform or service if it determines in its sole discretion that You have violated these TOS or any other agreements that You have entered into with Union. You also agree that any violation by You of these TOS would be an unfair business practice for which monetary damages would not adequately compensate Union and that Union is entitled to injunctive relief if required to prohibit further violations. Such relief is in addition to and not in lieu of any other remedies that Union is entitled to seek in the event of any violation of these TOS. In the event that Union does take legal action against You for any such violation and prevails, You shall be liable to Union for all reasonable expenses, including but not limited to attorneys’ fees and experts’ fees associated with such legal action.
Any paid account established by You for use of any Union website, platform or service shall commence on the date that You make Your initial payment to Union for use of the same and shall last throughout the payment term. As previously noted, such account and Your rights thereunder shall be automatically renewed thereafter unless You provide written notice to Union no later than thirty (30) days prior to account expiration of Your intent not to renew the account. In the event, You fail to make any payment by the due date Your access to any Union platform (and Your Data stored there) shall cease. You may reinstate Your account and Your access thereto at any time thereafter by paying the fees due; provided, however, that reinstatement shall not serve to maintain Your Data that You have previously submitted in using any such Union website, platform or service if such reinstatement is more than ninety (90) days after Your access was terminated for non-payment. Such renewal fees shall be at the then-current rate established by Union for any such account. In the event that You desire to terminate any account and Your access thereto, You shall cease use of the account services and notify Union in writing of such termination. Upon such account termination and payment by You of any outstanding amounts owed to it, Union shall provide You upon request with a file containing Your Data submitted in connection with such account up to ninety (90) days after such termination. After such ninety (90) day period Union shall have no obligation to store or provide You with Your Data. If either party materially breaches the Agreement and fails to cure said breach within thirty (30) days of receiving written notice from the other party the non-breaching party may terminate this Agreement. Additionally, if You breach this Agreement Union may suspend Your access to any applicable website, platform or service until and if You cure such breach. Failure to timely make payments in connection with any account You have established shall be deemed a material breach.
All notices between the parties must be in writing to be effective. Any notice to Union must be sent to [email protected].
You agree that all disputes that arise out of or are in any way related to Your use of any Union website, platform or service shall be governed exclusively by by Hong Kong Special Administrative Region (“HKSAR”).
Any dispute arising from the interpretation, execution and/or termination of the General Conditions
shall come under the exclusive jurisdiction of the Court of HKSAR. Any claim that You have against Union related to any Union website, platform or service must be brought within one (1) year of Your discovery of the same or from when You reasonably could have discovered the same or else is waived Both parties agree that prior to taking legal action they will attempt in good faith to resolve the matter informally between them through at least some effort in discussing the same, which effort they shall summarize in writing, and any legal action taken without such effort shall be void.
Union administers its websites, platforms, and services from various locations throughout the world. Although its websites, platforms, and services are accessible worldwide, not all features, products or services discussed or disclosed therein may be available to all persons in all locations. Union reserves the right in its sole discretion to limit the access of any Union website, platform or service to any person in any geographic area. Any offer made through any Union website, platform or service is void where prohibited. If You choose to access an Union website, platform or service from outside the United States You are solely responsible for complying with local laws in connection with such access.
In connection with any use by You of any Union website, platform or service You agree to comply with all local and international export laws that apply to software or services, such as restrictions on geographic locations, end-users or end-use.
These TOS set forth the entire understanding and agreement between the parties in connection with Your use of any Union website, platform or service and supersede any and all other agreements regarding the same, whether in writing, oral or established by course of dealing. You may not modify the terms of these TOS by submitting any contrary terms or without Union’s written consent. If any portion of this Agreement is found by a court of competent jurisdiction to be void or unenforceable, such portion shall be eliminated to the minimum extent necessary without affecting the other provisions of these TOS. Any failure by Union to enforce any portion of these TOS shall not be construed as or constitute a waiver by Union of any such portion or any other portion thereof. You agree that there are no intended or permitted third party beneficiaries of these TOS.