END USER LICENSE AGREEMENT (EULA)
Terms of Use/Terms of Service/Privacy Policy
Unit221B.com
V1. Effective Date, February 24, 2024
These Terms of Service and Terms of Use are applicable to all the users of this website www.Unit221B.com (“Unit221B”) and related domains and sub-domains. These Terms govern your use of this website, associated with the Unit221B.com services (“We” or “Unit221B.com” or “the Company”). This agreement is in addition to the Privacy Policy and Terms and Conditions for the eWitness service. This agreement includes a mandatory arbitration clause.
Intended Audience - Authority to Contract
The services of Unit221B.com are intended for those who reside in the United States (including its territories and possessions) or those outside the United States that consent to use these services in accordance with U.S. laws, these Terms and the Unit221B.com Privacy Policy. By accessing or using this website, you warrant that you have the legal capacity to enter into these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise legally able to bind yourself to these Terms).
Acceptance and Changes to Terms
The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of this website following changes to these Terms of Service shall constitute your acceptance of all such changes. Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.
Use License
Permission is granted to temporarily download one copy of the materials on the Website for transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
Modify or copy the materials;
Remove any copyright or other proprietary notations from the materials; or
Transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Unit221b.com at any time.
Privacy Policy
Information Collection, Use, and Sharing
Unit221b.com is committed to safeguarding your privacy online. We only collect information like your IP address and any referral IP address, browser configurations, and other technical data, and information that you voluntarily share with us, such as your name, email address, and other contact information. This information is used to contact you to answer your questions or to provide goods or services. As you use the website, whether clicking or hovering over links, filling in forms, or interacting with the website, this information is collected by our web hosting service as necessary to permit you to navigate the website and interact with us. We will only use this information as necessary to investigate possible violations of the law or of this agreement related to data privacy and data security.
Use of Tracking Codes
We also use tracking codes on our website and associated platforms. Tracking codes are tools used for understanding how users interact with our website, enabling us to enhance user experience, tailor content, and improve our services. This document explains what tracking codes are, how we use them, and the measures we take to protect your privacy.
What Are Tracking Codes?
Tracking codes are small snippets of JavaScript code that we embed in our website. These codes interact with cookies stored on your device to collect data about your activities and interactions on our website. The data collected can include pages viewed, time spent on pages, links clicked, and conversion information. This information is then used to track website performance and to personalize the user experience.
How We Use Tracking Codes
We may use tracking codes for several purposes, including:
Analyzing Website Traffic and User Behavior: To understand how users interact with our website, which helps us identify popular content and potential areas for improvement.
Personalization: To provide a tailored experience on our website, such as displaying content based on your previous interactions or preferences.
Marketing and Retargeting: To deliver targeted advertising and marketing communications based on your interests and interactions with our website.
Conversion Tracking: To measure the effectiveness of our marketing campaigns by tracking actions taken on our website, such as form submissions or product purchases.
Cookies
We may also use cookies to provide you with a personalized experience while you are on our domain.
What are Cookies?
Cookies are small text files stored on your device (computer, tablet, smartphone, etc.) by a website you visit. They are used to remember your preferences, improve your user experience, and tailor the adverts you see. Cookies can be "session" cookies, which are temporary and deleted once you close your browser, or "persistent" cookies, which remain on your device for a set period or until you delete them.
How We Use Cookies
1. Essential Cookies: These cookies are necessary for the website to function correctly. They enable you to navigate around our site and use its features.
2. Performance and Analytics Cookies: These cookies collect information about how visitors use our website, for instance, which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how our website works.
3. Functionality Cookies: These cookies allow our website to remember choices you make (such as your user name, language, or the region you are in) and provide enhanced, more personal features. They can also be used to remember changes you have made to text size, fonts, and other parts of web pages that you can customize.
4. Third-Party Cookies: We may allow our service provider to use cookies on or outside our website for the same purposes identified above.
Managing Cookies
You have the right to decide whether to accept or reject cookies. You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information.
Sharing
We only share your information with our partners (such as subcontractors or partners we have engaged to deliver services to you) if necessary to provide the requested goods or services. We do not sell your information.
Your Control
U.S. state privacy laws also provide the right to request information about how an entity collects, uses, and discloses your information. And they give you the right to access your information, sometimes in a portable format; correct your information; and to request that the entity delete that information. Many of these laws also provide the right to opt out of certain forms of profiling and targeted advertising. They also provide the right to not be discriminated against for exercising these privacy rights. We do not knowingly collect sensitive personal information.
Data Protection
In compliance with state data privacy laws and the General Data Protection Regulation (GDPR), we take reasonable steps to protect your information from unauthorized access, disclosure, alteration, or destruction.
Age Restriction
Our website is intended for Users who are at least 18 years of age. We do not knowingly collect information about or from minors.
Prohibited Activities
You may not make any use of the Unit221B.com website except as specifically authorized by us in writing and you may not use the Unit221B.com website in violation of any applicable laws or regulations.
Except as expressly authorized by Unit221B.com in writing, you may not copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, make available, frame, deep-link to, transmit or re-transmit the Unit221B.com website, any part thereof, or any materials derived therefrom, except as set forth in these Terms, applicable Additional Terms, or as otherwise agreed in writing between us and you.
You may not use the contents of the Unit221B.com site for any business or commercial purposes or otherwise build a business based on any portion of the Unit221B.com website.
You may not disable, remove or otherwise circumvent through any means: (i) proprietary rights notices or indications of source (e.g., © or (tm)) in the Unit221B.com website; (ii) any digital rights management, content protection or access control measure associated with the Unit221B.com website; or (iii) any advertisement on the Unit221B.com website.
You may not use any software or services in connection with the Unit221B.com website that are intended or function to block or obstruct any advertisements of any kind.
You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow Users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
You may not engage in any activity that may interfere with the proper functioning of the Website or impair the ability of other Users to access and use the Website including, without limitation, via submitting a virus or other malicious code through this website or to any of its visitors or users, overloading, "flooding", "spamming", "mailbombing" or "crashing,” or engaging in activities which result in a Denial of Service attack on the website.
You may not make derivative use of any copyrighted or protected materials, including scraping for the purposes of training AI models or machine learning.
You may not insert any code into or manipulate the Unit221B.com website in any way except as explicitly authorized by us in writing.
You may not use any manual or automated software robots, spiders, crawlers or other tools to access, scrape, aggregate or otherwise use the Unit221B.com website or any part thereof irrespective of whether or not Unit221B.com has implemented technological measures designed to prevent or restrict the use of such robots, spiders or crawlers. You acknowledge that the failure of Unit221B.com to implement such technological measures does not authorize you to use such bots, spiders, crawlers, etc., in violation of this policy.
You may not impose an unreasonable burden or load on the Unit221B.com website or its infrastructure. You are responsible for your use of the Unit221B.com website You may not cover, remove, block, or obscure any Content, advertisements, or other portions of the Unit221B.com website.
You may not attempt to gain unauthorized access to other computer systems or networks connected to the Unit221B.com website. ·
You may not solicit or collect information about other Users of the Unit221B.com website or use any such information (i) for unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation or (ii) for any other commercial purposes.
You may not impersonate any other person or entity (including Unit221B.com). You may not misrepresent your professional or other affiliation with us or with any other party. You may not use the Unit221B.com website in a manner that suggests an association with our products, services or brands except as agreed by us in writing.
You may not use any portion of the Unit221B.com website for any unlawful purpose and you may not encourage or facilitate conduct that would constitute a criminal offense or give rise to civil liability, including for bullying, harassment, revenge porn or to promote bigotry, hatred, or discrimination against any group or other prohibited purposes.
You may not engage in scraping or collecting any information from the Website, including, but not limited to, user names, personal information, or content;
You may not access, tamper with or use non-public areas of our website, or any computer systems, servers, or networks connected to our website, without proper authorization.
You may not use the Website to transmit any virus, worm, Trojan horse, or other harmful or disruptive component;
You may not use the Website to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or other forms of solicitation.
You may not use the Website to engage in any activity that could reasonably be expected to cause Unit221B.com to lose any of the services from its internet service providers, payment processors, or other suppliers.
You may not use the Website to violate or attempt to violate the security of the Services, including, without limitation
accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
attempting to interfere with service to any user, host or network
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting,
scraping or harvesting data
You may not attempt any of the actions set forth in this “Prohibited Activities” Section or authorize, facilitate or induce others to do so.
We may require proof that you are following these rules at any time. We reserve the right to take, or to refrain from taking, any and all steps available to us once we become aware of any violation of these provisions. If you are involved in any violation of our systems’ security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We also reserve the right to investigate - through all lawful means - any suspected violations of these policies and to share information collected through these investigations with any law enforcement, regulatory, investigative, or other parties as we deem useful in connection with the investigation.
DISCLAIMER OF WARRANTIES; EXCLUSIONS AND LIMITATIONS OF LIABILITY
We make no warranties or representations as to Unit221B.com website with respect to their accuracy, timeliness, reliability, completeness, availability or otherwise. WE PROVIDE THE Unit221B.com website ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “Unit221B.com PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE Unit221B.com PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE Unit221B.com SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF PRS VENTURES, LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE Unit221B.com PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE Unit221B.com WEBSITE WITHOUT LIMITING THE FOREGOING, UNIT221B WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE TERMS, AS DETERMINED BY Unit221B.com IN ITS SOLE DISCRETION OR (2) CONTENT POSTED TO THE Unit221B.com SITE BY YOU OR ANY THIRD PARTY. IN NO EVENT WILL THE Unit221B.com PARTIES AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE Unit221B.com WEBSITE OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO Unit221B.com IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE Unit221B.com PARTIES OR YOUR USE OF THE Unit221B.com WEBSITE ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE Unit221B.com WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE LIMITATIONS SET FORTH IN THESE TERMS MAY NOT APPLY TO YOU. THE Unit221B.com PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR OR COURT WITH APPLICABLE JURISDICTION IN ACCORDANCE WITH THESE TERMS FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE OR OTHERWISE VIOLATE APPLICABLE LAWS. NOTHING IN THESE TERMS SHALL EFFECT A WAIVER OF ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Indemnification
You agree to defend, indemnify and hold harmless Unit221B.com from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to (a) any breach of these Terms and/or (b) any misrepresentation made by you in connection with your use of the Unit221B.com website.
Governing Law
These Terms and Your use of the Website will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
Dispute Resolution
Any dispute arising out of or relating to these Terms or the Website will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be conducted in Hudson County, New Jersey.
Miscellaneous
These Terms constitute the entire agreement between You and Unit221B.com and govern Your use of the Website, superseding any prior agreements between You and Unit221B.com with respect to the Website.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.
The failure of Unit221B.com to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
You may not assign or transfer Your rights or obligations under these Terms without the prior written consent of Unit221B.com. Unit221B.com may assign or transfer its rights and obligations under these Terms.
DMCA TAKEDOWN POLICY
We respect the intellectual property rights of others and expect our Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, also known as the DMCA, we will respond promptly to notices of alleged infringement that are reported to our designated copyright agent, identified below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our website or service by completing the following DMCA Notice of Alleged Infringement and delivering it to our designated copyright agent.
Upon receipt of the Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from our website or service.
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the website or service where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our designated copyright agent:
[Name]
[Title]
[Company]
[Address]
[Email]
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
We suggest that you consult your legal advisor before filing a Notice or counter-notification. Also, be aware that there can be substantial penalties for false claims. Our DMCA agent can be reached at info@unit221b.com.
Contact Information
For any questions or concerns regarding these Terms of Use or Privacy Policy, please contact us at info@unit221b.com.