TERMS OF USE

Last Updated: April 19, 2016

The following terms (“Terms”) are applicable to all visitors or users of our network of websites, including https://www.unicoprop.com/ (and any versions optimized for viewing on a mobile device) that expressly adopt these Terms (collectively, the “Web Site”). We may refer to our company as “Unico” “Company,” “we,” “us,” or “our” throughout these Terms. Certain products and services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions (“Additional Terms”). If there is a conflict between these Terms and any applicable Additional Terms for a specific product or service, the Additional Terms will take precedence with respect to that product or service.

WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS WILL APPLY RETROACTIVELY.

This is a legal agreement between you (“you” or “user”) and Unico Properties LLC that states the material terms and conditions that govern your use of the Web Site. These Terms, together with all updates, supplements, additional terms, and all of Company’s rules and policies collectively constitute this “Agreement” between you and Company. BY ACCESSING THE WEB SITE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE STATED HEREIN, IMMEDIATELY STOP USING THE WEB SITE.

Copyright and Ownership. All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Company, its licensors, vendors, agents and/or its Content providers. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Web Site may only be used for the intended purpose for which such Web Site is made available. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print and download documents, audio and video found on our Web Site for personal, informational, and noncommercial purposes only, and only if you retain all copyright and other proprietary notices contained in the Content. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms, the unauthorized use of any such material on any other web site or networked computer environment is prohibited. You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site. The Web Site, its Content and all related rights will remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Web Site.

Trademarks/No Endorsement. All trademarks, service marks and trade names of Company used herein (including but not limited to: the Company name, the Company corporate logo, the Web Site name, the Web Site design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Company trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Web Site, without Company’s prior written consent. The use of Company trademarks on any other web site or network computer environment is not allowed. Company prohibits the use of Company trademarks as a “hot” link on or to any other web site unless establishment of such a link is approved in advance. Do not use Company’s name or any language, pictures or symbols which could, in Company’s judgment, imply Company’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

User Submission Policy. Where Company has specifically invited or requested submissions, Company encourages members of the public to submit user content to Company that they have created for consideration in connection with the Web Site (“User Submissions”). User Submissions remains the intellectual property of the individual user. By submitting content to our Web Site, you expressly grant Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Company will be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

Users of the Website may provide suggestions, comments, ideas, enhancement request, recommendations, improvements, or other information to us related to the performance, usability, and functionality, among other things, of the Web Site (“Feedback”). We will have a royalty-free, worldwide, perpetual license to use or incorporate any Feedback relating to the operation of the Web Site and our services.

Inappropriate User Submissions. You will be solely responsible for your own user Submissions and the consequences of submitting them. In connection with user Submissions, you affirm, represent and warrant the following: (i) you are over the age of 18 and have the right and authority to enter into these Terms, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 3; (iii) if necessary you have the written consent of each and every identifiable natural person in the user Submission to use such persons name or likeness in the manner contemplated by the Web Site and these Terms, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms of this agreement; (v) you are not, and have not been an agent of Company and were not and are not acting on behalf of, or as a representative of, Company or any other party in connection with the user Submission; (vi) the user Submission and Company use thereof as contemplated by these Terms and the Company website will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vii) you are not, nor is any other person who appears in your user Submission, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society; (viii) you have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your user Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (ix) The user Submission does not contain: (a) material falsehoods or misrepresentations that could harm Company or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.

Advertising Rights. Company reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and Company and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Company to sell, license or offer to sell or license any advertising, promotion or distribution rights.

Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site. For example, units listed on this Web Site may be unavailable, have different attributes than those listed, or carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We also may require verification of information prior to the acceptance of any order.

Linking to this Web Site. Creating or maintaining any link from another web site to any page on this Web Site without our express written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another web site without our express written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

Third Party Links. From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk.

Inappropriate Material. You are prohibited from using our Web Site, products or services for posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to the Web Site or to any user of the Web Site or through voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, if in connection with the order for products or services, the termination such order for products or services. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone submitting such materials.

Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.

Force Majeure. Neither Company nor you will be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

DISCLAIMERS. Your use of thIS WEB Site is at your risk. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER COMPANY, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH COMPANY WEBSITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATIONS OF LIABILITY. Company does not assume any responsibility, and will not be liable to any party, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY WILL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.

Indemnity. You agree to defend, indemnify and hold Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Web Site or the Internet or your placement or transmission of any message or information on this Web Site by you or your agents; (ii) your violation of these Terms, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any claim or damages that arise as a result of any User Submission that you provide to Company.
Release. In the event that you have a dispute with one or more other users of the Web Site, you release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. We may also block your access to our Web Site in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

Privacy. Data collection and use, including data collection and use of personally identifiable information is governed by our Privacy Policy which is hereby incorporated into this Agreement.

General. Any claim relating to, and the use of, this Web Site and the materials contained herein is governed by the laws of the state of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in Washington A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We do not guarantee continuous, uninterrupted or secure access to our Web Site, and operation of the Web Site may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by Company in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. The sections titled Access and Interference), Liability Limit, Indemnity, Release), General, and the license grant under the User Submission Policy will survive any termination or expiration of this Agreement.

Additional Assistance. If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our Customer Service Department by email at [email protected].