Política de Calidad
ULTIMATE SOLUTIONS GLOBAL, S.L., organización dedicada a la automatización industrial, validaciones, serialización y cumplimiento regulatorio para las industrias de ciencias de la salud, asume su compromiso con la calidad mediante la implantación y el mantenimiento de un sistema de gestión de la calidad basado en la norma UNE EN ISO 9001: 2015.
Para ello, la Dirección de ULTIMATE SOLUTIONS Madrid, establece dentro de sus líneas estratégicas y su cultura empresarial:
- Compromiso con el cumplimiento de los requisitos legales aplicables a la organización y otros requisitos que la organización asume como propios.
- Establecer como principio básico la mejora continua del servicio prestado, de la organización y del sistema de gestión de la calidad.
- Velar por garantizar la satisfacción de nuestros clientes.
- Proporcionar los recursos y la formación necesaria para garantizar la competencia y el buen desempeño de nuestros empleados.
- Establecer objetivos y metas para garantizar la mejora continua.
El alcance del sistema de gestión de la calidad incluye los servicios de validaciones y serialización desarrollados desde la sede de la empresa en España; con una visión de ofrecer soluciones relacionadas con la línea de empaque utilizando las últimas tecnologías y los profesionales mejor cualificados.
Con la misión de ser reconocidos mundialmente como un socio líder en automatización industrial de empaques, serialización y cumplimiento regulatorio para la industria médica y farmacéutica.
Entre nuestros valores, se encuentran los siguientes:
- Trabajo en Equipo
Los principios anteriormente descritos son asumidos por la Dirección de ULTIMATE SOLUTIONS Madrid, así como por la totalidad de sus empleados mediante la publicación de la presente política.
Adolfo Rodríguez Calzada
Responsable Desarrollo de Negocio
Madrid, 31 de Marzo de 2021
Here is some important information about how we manage the data you provide to Ultimate Solutions.
Ultimate Solutions, Corp. (“Ultimate Solutions”, “Company”, “We” or “Us”) respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website www.uscglobal.com (our “Website” or the “Site”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
- On this Website
- In email, text, and other electronic messages between you and this Website
- Through mobile and desktop applications you may download from this Website, which provide dedicated non-browser-based interaction between you and this Website
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy
It does not apply to information collected by:
- Us offline or through any other means, including on any other website operated by the Company or any third party; or
- Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
1. Visitors Under the Age of 18
Our Website is not intended for visitors under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from visitors under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a visitor under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a visitor under 18 please contact us at email@example.com.
California residents may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information at http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=1.81.5.&part=4.&chapter=&article=.
2. Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
- By which you may be personally identified, such as First and Last names, Company name, e-mail address, or any other identifier by which you may be contacted online or offline (“personal data” or “personal information”);
- That is about you but individually does not identify you; and/or
- About your internet connection, the equipment you use to access our Website, and usage details.
We collect this information:
- Directly from you when you provide it to us
- Automatically as you navigate through the site (information collected automatically may include usage details, IP addresses, and information collected through cookies)
- From third parties, for example, our business partners.
3. Information You Provide to Us.
The information we collect on or through our Service may include:
- Information that you provide by filling in forms on our Website. This includes information provided at the time you use the “Contact Us” feature, or at the time of registering to use our Website, posting material, or requesting further services. We may also ask you for information when you report a problem with our Website.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research, development and client satisfaction purposes.
- Details of transactions you carry out through our Website. You will be required to provide a valid and active email address, contact number, mailing address, financial information or payment information before placing an order through our Website. Please note that for security and performance reasons, such content may need to be accessed by internal personnel from time to time.
- Your search queries on the Website.
Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Service or offline with whom you may choose to share your personal information. Therefore, we cannot and do not guarantee that your personal information will not be viewed by unauthorized persons.
Information about you. While parts of the Services may not require you to provide any information that can directly identify you by name, the specific types of information we collect will depend upon the Services you use, how you use them, and the information you choose to provide. The types of data we collect directly from you includes:
- Email address
- Name, if you choose to provide it
- Log-in credentials, if you create an account
- Information about purchases or other transactions with us
- Information about your customer service interactions with us
- Demographic information such as your gender or other information you choose to provide
- User-generated content you post in public forums
- Any other information you choose to directly provide to us in connection with your use of the Services
4. Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may include personal information. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Aggregate/Anonymous Data. We may aggregate and/or anonymize any information collected through the Services so that such information can no longer be linked to you or your device. We may use such information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.
We do not control those third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
6. How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To record, inspect, investigate and analyze coding errors in Company’s website
- To present our Website and its contents to you
- To provide you with information, products, or services that you request from us
- To provide you with notices about your account
- To carry out our obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Website.
- Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about services that may be of interest to you. If you do not want us to use your information in this way, please opt out by sending us an email stating your request to firstname.lastname@example.org. For more information, see Section 8 Choices About How We Use and Disclose Your Information.
7. Disclosure of Your Information
We may disclose aggregated information about our users without restriction.
- To buyers, contractors, service providers, and other third parties we use to support our business.
- To a buyer or other successor in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Ultimate Solutions Corp. about our Website users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Ultimate Solutions, sellers or buyers, our customers or others.
8. Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt out by sending us an email stating your request to email@example.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.
We do not control third parties’ collection or use of your information to serve interest-based advertising.
If you no longer want us to use your information to provide you services, you may close your account. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
9. Accessing and Correcting Your Information
You can access, review, modify and change your personal data.
You may also send us an email at firstname.lastname@example.org to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
10. Data Security
The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
11. California Privacy Rights
California law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of “personal information” (as defined by applicable California law) with third parties for their direct marketing purposes. Ultimate Solutions does not share your personal information with third parties for their own direct marketing purposes.
12. European Union Privacy Rights.
European Union law gives residents of the European Union certain rights regarding their privacy rights. This Website operates in compliance with the General Data Protection Regulation (GDPR) proposed by the European Commission which strengthens protection for individuals within the European Union (EU).
For more information regarding which rights are applicable, please visit: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=ES.
14. Contact Information
Ultimate Solutions Corp.
PO Box 8457
Caguas, PR 00726-8457
Or contact us through our social media for direct communication. All other feedback, comments, requests for technical support and other communications should be directed to: email@example.com.
© 2020 Ultimate Solutions Corp. All rights reserved.
Last modified: March 31, 2020
Welcome to Ultimate Solutions!
“Service(s)” means the services and products provided by Ultimate Solutions through its website www.uscglobal.com or any other Website operated by us and including, without limitation, videos, graphics, recordings, documentation, linked pages, features, data, text, blog posts, images, photographs, music, sounds, messages, tags, content, programming, software and application services.
If You are accessing or using the service on behalf of a company or other legal entity, You represent and warrant that You are an authorized representative of that entity and have the authority to bind such entity to this Agreement, in which case the terms “You” and “Customer” shall refer to such entity.
You and Ultimate Solutions hereby agree as follows:
2. Access to Services
During the Term, and subject to the terms and conditions of this Agreement, the Company will use commercially reasonable efforts to provide Customer with access to the Services. Customer will cooperate with the Company, as requested, to facilitate the initiation of Customer’s access and use of the Services.
Your use of the Services is permitted by us only for personal, non-commercial use and/or to make legitimate requests of the Products offered. You agree not to use this Services to make any speculative, false or fraudulent requests.
You may be required to register with Ultimate Solutions in order to access and use certain features of the Service. Customers using this feature will identify a username and password that will be used solely by Customer to access and use Customer’s account on the Services. You may never use another’s account. Customer will not share its username or password with any third party and will be responsible and liable for the acts or omissions of any person who accesses the Services via such account. Customer will (a) provide accurate, correct, current, and complete information when setting up such account; (b) maintain and promptly update any account information; (c) maintain the security of any password and accept all risks of unauthorized access to its account; and (d) promptly notify us if it discovers or otherwise suspects any security breaches related to such account.
3. Customer Data
We will not use or disclose your Customer Data to any third parties except:
- if required, in limited circumstances, including when compelled by law enforcement authorities.
- if it is part of anonymized aggregated data (“Aggregated Data”). This right to use Anonymized Data will survive the termination of this Agreement.
- to a limited number of Ultimate Solutions employees or contractors as required to operate, develop or improve the Services.
4. Customer Obligations
You agree that you will not and will not assist or enable others to:
- Violate any local, state, federal or international law or regulation;
- Violate any third-party right, including intellectual property and privacy rights;
- Collect personal data about other users;
- Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, license, sublicense, transfer, or provide access to the Services to a third party in any way;
- Reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any content in this Site, except as permitted by law;
- Access the site for the purpose of building a competitive product or service or copying its features;
- Modify, remove or obstruct any proprietary rights statement or notice contained in the Services;
- Interfere with any license key mechanism in the Service or otherwise circumvent mechanisms in the Service intended to limit your use;
- Attempt to gain unauthorized access to the Services or its related systems or networks;
- Provide false identity information to access or use the Services;
- Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- Send or store (a) infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates third party privacy rights; or (b) material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- Publicly disseminate information regarding the performance of the Service;
- Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Ultimate Solutions reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
UNLESS OTHERWISE EXPRESSLY AUTHORIZED HEREIN OR BY US IN WRITING, YOU AGREE NOT TO DISPLAY, DISTRIBUTE, LICENSE, PERFORM, PUBLISH, REPRODUCE, DUPLICATE, COPY, CREATE DERIVATIVE WORKS FROM, MODIFY, SELL, RESELL, EXPLOIT, TRANSFER OR UPLOAD FOR ANY COMMERCIAL PURPOSES, ANY PORTION OF THE SERVICE, USE OF THE SERVICE, OR ACCESS TO THE SERVICE.
5. International Users
The Service is controlled, operated and administered by Ultimate Solutions from our offices within the Commonwealth of Puerto Rico. If you access the Service from a location outside Puerto Rico or the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Ultimate Solutions content accessed through www.uscglobal.com in any manner prohibited by any applicable laws, restrictions or regulations.
7. Acceptance and Cancellation of Orders
You agree that any order you make in the Website is an offer to purchase, under this Agreement, all of the products and services listed in your order. All orders must be accepted by Us; otherwise we will not be obliged to sell you the requested products or services. The Company reserves the right not to accept any order at the sole discretion of the Company. After your order is received, we will send you a confirmation email to the address provided where your order number and detailed information of the items or services you have ordered will be included. The acceptance of the order and the agreement of sale between you and the Company will become effective from the moment you receive the confirmation email. You have the option to cancel your order at any time before we send you your order confirmation email by writing to: firstname.lastname@example.org.
8. Prices and Payment Conditions
(a) All prices published on this Website are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be included in the order confirmation email. Price increases will only be applicable to orders placed after said price change has been made. The published prices include the sales and use tax (IVU, by its Spanish acronym). The published prices include shipping and handling charges. All applicable taxes and charges will be added to the subtotal balance of the purchase and broken down on the page before making your purchase and in your confirmation email.
(b) Payment transactions for the products ordered from the Website will be conducted on a cash only basis due upon delivery. If you fail to pay for the goods upon delivery, the goods will not be dispatched and returned to the Company.
The Company reserves the right to outsource all payment processing and business transactions conducted on the Website.
9. Shipping: Delivery and Risk of Loss
(a) The Company will make arrangements for shipping the products to the address provided by you. See the product page for specific delivery options available. You will bear all shipping and handling charges specified during the ordering process, if applicable, unless stated otherwise.
(b) The title of the good and the risk of loss will be transferred to you at the moment the merchandise is dispatched to the carrier. Shipping and delivery dates are estimates only and are not guaranteed. The Company will not be responsible for the delay of shipments.
10. Returns and Refunds
The Company will not refund any item or product purchased on the Website. Returns will not be accepted and there will be no money reimbursements for any purchase.
WE DO NOT OFFER REFUNDS ON ANY PRODUCT ON THIS SITE.
11. Intellectual Property Rights
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by United States, Puerto Rico and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own use and not for further reproduction, publication or distribution.
You must not:
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you wish to make any use of material on the Service other than that set out in this section, please address your request to: email@example.com.
Trademarks. The Company name, the terms Ultimate Solutions, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Copyright Complaints. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Us of your infringement claim in accordance with the procedure set forth below.
If you are a copyright owner, 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 the Site by sending a written notice (“Notice”) to us as detailed below.
Such Notice must comply with the requirements imposed by the Digital Millennium Copyright Act (“DMCA”), codified in 17 U.S.C. § 512(c)(3), and which can be found at http://www.copyright.gov/title17/. As a copyright owner or authorized agent, you are responsible for making sure the Notice satisfies requirements imposed by the DMCA, as amended and interpreted by competent Courts of law and should not rely exclusively on the information provided in this Agreement.
The Notice must:
1. 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.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. 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.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Ultimate Solutions’ Designated Copyright Agent at:
Ultimate Solutions Corp.
PO Box 8457
Caguas, PR 00726-8457
Feedback. From time to time, Customer may choose to submit comments, information, questions, data, ideas, description of processes, or other information to the Company, to provide feedback or in the course of receiving Technical Support (collectively “Feedback”). Feedback will not be considered your Confidential Information, and nothing in this Agreement limits Company’s right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.
12. Representations & Warranties and Disclaimers
Due Authority. Each party represents and warrants that it has the legal power and authority to enter into this Agreement, and that, if you are an entity, this Agreement and each Order is entered into by an employee or agent of such party with all necessary authority to bind such party to the terms and conditions of this Agreement.
WARRANTY DISCLAIMER. ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” AND ULTIMATE SOLUTIONS AND ITS SUPPLIERS AND AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. ULTIMATE SOLUTIONS SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF THE COMPANY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ULTIMATE SOLUTIONS NOR ANY OF ITS AGENTS, EMPLOYEES, CONTRACTORS OR THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS, SERVICE OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCT WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH www.uscglobal.com IS AT YOUR OWN RISK.
The Site and/or Services may include links to certain websites, materials, or content developed by Third Parties. The Company has not reviewed all the sites linked to its Site and/or Services and shall not be responsible for the contents of any such linked material. The inclusion of any link does not imply endorsement by the Company of such material and shall not be held liable in respect of any links contained therein. Use of any such linked material shall be at Your own risk. Ultimate Solutions reserves the right, in its sole and absolute discretion, to discontinue links to any other material at any time and for any reason.
Unless You specifically withdraw Your consent to this clause by sending an email at firstname.lastname@example.org, You hereby acknowledge and consent to the Company making use of any of Your marks, logos and trade names or pictures taken of You to identify You as Ultimate Solutions’ customer on www.uscglobal.com and/or Ultimate Solutions’ Services, in addition to any other promotional material on our website.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT OBTAINED THROUGH THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Disputes Between Users. You agree that you are solely responsible for your interactions with any other user in connection with the Service and the Company will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Service.
Claims Against Ultimate Solutions. Customer will defend, indemnify and hold harmless Ultimate Solutions (and its affiliates, officers, directors and employees) from and against any and all damages, costs, losses, liabilities or expenses (including court costs and attorneys’ fees) which the Company may suffer or incur in connection with any actual claim, lawsuit, demand, action or other proceeding by any third party arising from: (a) any breach of Customer’s obligations, representations or warranties herein; or (b) any use by the Customer in violation of this Agreement or applicable law or regulations, including any damages caused by your use of the Service.
Procedure for handling Indemnification Claims. The obligations of either party to provide indemnification under this Agreement will be contingent upon the indemnified party (i) providing the indemnifying party with prompt written notice of any claim for which indemnification is sought (provided that the indemnified party’s failure to notify the indemnifying party will not diminish the indemnifying party’s obligations under this Section except to the extent that the indemnifying party is materially prejudiced as a result of such failure), (ii) cooperating fully with the indemnifying party (at the indemnifying party’s expense), and (iii) allowing the indemnifying party to control the defense and settlement of such claim, provided that no settlement may be entered into without the consent of the indemnified party if such settlement would require any action on the part of the indemnified party other than to cease using any allegedly infringing or illegal content or services. Subject to the foregoing, an indemnified party will at all times have the option to participate in any matter or litigation through counsel of its own selection at its own expense.
CUSTOMER (ON ITS OWN BEHALF AND ON BEHALF OF ANY PERSON OR ENTITY AUTHORIZED TO USE THE SERVICES BY CUSTOMER) COVENANTS NOT TO SUE OR MAKE OR ASSERT AGAINST ULTIMATE SOLUTIONS ANY CLAIM OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT WITH RESPECT TO THE SERVICES PROVIDED BY US UNDER THIS AGREEMENT.
17. Privacy / Data Protection
- By accepting the terms contained within this Agreement, You acknowledge, represent and warrant that You shall comply with all applicable laws, including but not limited to Data protection and privacy laws and that You shall indemnify Ultimate Solutions against any Third Party claims related to violation of such applicable laws in the use of the Service.
18. Governing Law & Arbitration
- Entire Agreement. This Agreement constitutes the entire agreement, and supersedes all prior and contemporaneous negotiations, understandings, representations, warranties or agreements (oral or written), between You and the Company about the subject matter of this Agreement.
- Assignment. Neither Party may assign or delegate any rights or obligations under the Agreement without the prior written consent of the other party. Notwithstanding the foregoing, both parties may assign their rights and obligations under the Agreement in connection with a consolidation, merger, acquisition or sale of substantially all or part of their assets, shares or activities without the prior written consent of the other party.
- Severability. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
- Force Majeure. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement (except payment obligations) due to any cause beyond its reasonable control, the affected party shall give written notice thereof to the other party and its performance shall be extended for the period of delay or inability to perform due to such occurrence.
- Waiver. No waiver of any breach of this Agreement, will be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this Agreement, and no course of dealing between the parties, will be construed as a waiver of any subsequent breach of this Agreement.
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