Welcome to ChucKlein Terms of Use & Conditions, which apply to your use of the ChucKlein Web site. The Terms of Use & Conditions contains the entire understanding between us with respect to our Web site and no representation, statement or inducement, oral or written, not contained herein shall bind either of us. You should carefully read the Terms of Use & Conditions before using our Web site. This is a legally binding agreement. By accessing this Web site you agree to be bound by it. We reserve the right to amend these Terms of Use & Conditions at any time, and your continued use of the Web site (or any part of) following such change shall be deemed to be your acceptance of such change. The latest Terms of Use & Conditions with a "revised date" will be posted on the Web site and it is your responsibility to check regularly to determine whether the Conditions have been changed and to review them prior to using the Web site. If you do not agree to any change to the Conditions, then you must immediately stop using the Web site.

"Conditions" means these Terms of Use & Conditions: "Personal Information" means any personal details provided by you via the Web site; User(s) means a user(s) of the Web site either collectively or individually, as the context requires; "We/us/our" means ChucKlein; "Web site" means the web site located at www.UnoWebServices.com or any subsequent URL which may replace it; and "You/your" means you as a user of the Web site.

Access

We will provide you with access to the Web site in accordance with the Terms of Use & Conditions.

Your Obligations


     You:

• Agree to use our Web site in a manner consistent with any and all applicable rules and regulations, and in accordance with relevant laws and not to use the Web site (or any part of) for illegal purposes;
• Agree not to upload or transmit through the Web site any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
• Shall not upload or transmit through our Web site any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
• Will not use the Web site in a way that may cause the Web site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Web site is in any way impaired;
• Will not use the Web site in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy, etc.);
• Agree that in the event that you have any right, claim or action against any User arising out of that User's use of the Web site, then you will pursue such right, claim or action independently of and without recourse to us.

Indemnity

You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Terms of Use & Conditions by you or any other liabilities arising out of your use of the Web site, or the use by any other person accessing the Web site using your PC or internet access account.

We reserve the right to:

• Modify or withdraw, temporarily or permanently, the Web site (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Web site; and
• Use reasonable measures to maintain the Web site. (The Web site is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Web site or because of a failure, suspension or withdrawal of all or part of the Web site due to circumstances beyond our control & limitations.)

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other web sites or resources. We do this for information purposes only and such links are not endorsements by us of any products or services in such sites and we accept no liability. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such web sites, including (without limitation) any advertising, products or other materials or services on or available from such web sites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of contact on these sites.

Advertisers

The Web site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser or sponsor's materials.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Web site. We may investigate any reported violation of these Terms of Use & Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Web site).

Your Data

We respect your personal information and undertake to comply with applicable U.S. Data Protection legislation as amended from time to time.

You should be aware that we would disclose your personal information under the following circumstances:

• If we are requested by the police or any regulatory or governmental authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities while using the Web site; and
• We reserve the right, in our reasonable discretion, to disclose details of your use of the Web site in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Web site whether in connection with the matters set out in these Conditions or otherwise.

Please view our Privacy Policy, which forms part of these Conditions and is incorporated herein by reference.

Payments

You represent and warrant that if you are purchasing anything from us or from Merchants that:

• Any credit information you supply is true and complete
• Charges incurred by you will be honored by your credit card company; and
• You will pay the charges incurred by you at the posted prices, including any applicable taxes.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Web site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Web site, except as explained under "Limited License; Permitted Uses" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Web site does not constitute a waiver of any right in such information and materials. Some of the content on the Web site is the copyrighted work of third parties.

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license to:

• Access and use the Web site strictly in accordance with this Agreement;
• Use the Web site solely for internal, personal, non-commercial purposes; and
• Print out discrete information from the Site solely for internal, personal, non-commercial purposes, but you may not in so doing remove, use, or amend any trademark, copyright or other proprietary notice. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Web site shall remain at all times vested in us and/or our licensors.

The Web site is Copyright, ChucKlein, 2004. All rights reserved.

Notices

You may send us notices under or in connection with these Terms of Use & Conditions to ChucKlein 1548 Eureka Road, Suite 102, Roseville, CA 95661. E-mail: support@chucklein.com. As proof of sending does not guarantee our receipt of your notice, please ensure that you have received and retained an acknowledgement from us, which will be sent within 3 working days of our receipt.

Limitation of Liability

While we will use reasonable measures to verity the accuracy of any information we place on the Web site, we make no warranties, whether expressed or implied in relation to its accuracy. We do not represent or warrant that the Web site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Web site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Web site at any time. We reserve the right, at our sole discretion to edit or delete any documents, information or other content appearing on the Web site. The following Limitations of liability also apply:

• The Web site is provided on an "as is, as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, expressed or implied, in relation to the Web site, or products or services offered on the Web site whether by us or on our behalf (including free software downloads), including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
• Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Web site or products or services offered on the Web site whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Web site or the service that makes it available or products or services offered on the Web site whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Web site.
• Notwithstanding any other provision in the Terms of Use & Conditions, nothing shall limit your rights as a consumer under United States law.
• You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Web site and any information provided to or taken from the Web site by you.
• We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Web site through a third party's hypertext link.
• We will not be liable, in contract, tort (including, without limitation, negligence) pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Web site or products or services offered on the Web site whether by us or on our behalf (including free software downloads) for:
• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
• Any losses and expenses of whatever nature and howsoever arising, including without limitation any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by virus, loss of income or profit, loss or damage to property, claims of third parties, of other losses of any kind of character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Web site or any Web site with which it is linked;
• Any loss of goodwill or reputation; or
• Any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
• Nothing in the Terms of Use & Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our workers, agents or employees.

Severance

Should any part of the Terms of Use & Conditions be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.

The Terms of Use and Conditions will be exclusively governed by and construed in accordance with the laws of the State of California, County of Mendocino whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Last updated December, 2004