Effective Date: June 14th, 2018
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE YOU ARE AGREEING TO COMPLY WITH THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME AND WILL BE DEEMED EFFECTIVE AS SET FORTH ABOVE. IF YOU USE THE WEBSITE AFTER CHANGES TO THESE TERMS BECOME EFFECTIVE, SUCH USE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE CHANGES. YOU SHOULD CHECK THIS PAGE FREQUENTLY AND REVIEW THESE TERMS REGULARLY SO YOU ARE AWARE OF THE MOST CURRENT RIGHTS AND OBLIGATIONS THAT APPLY TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.
The Website is only made available to users 18 years of age or older. If you are not 18 years old, please discontinue using the Website immediately, or if for any reason, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Website immediately. By using or attempting to use the Website, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the Website.
Information You Provide
We may ask you for certain information in order to provide you with products or services you request. By providing information on our Website, such as in conjunction with creating an account on the Website or a request for services, you agree to provide accurate, current and complete information about yourself as prompted (“User Data”) and maintain and promptly update your User Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Unison has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Unison may deny you access to areas of the Website or Unison’s services, at its sole discretion.
When you provide us with User Data, you may receive certain commercial communications from Unison related to content found on the Website. You may opt out of receiving these communications at any time by sending an email to [email@example.com].
Account Password and Security
The Website may contain features that require registration (“Restricted Areas”). You are not required to register to use the Website, but may not be able to access some content without registration. At the time of registration for online account access, you will select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password, whether by you or others. You agree to: (a) keep your password confidential and not share them with anyone else; (b) immediately notify Unison of any unauthorized use of your password or account or any other breach of security; and (c) use only your password to access the Website’s Restricted Areas. Unison cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You acknowledge and agree that Unison is authorized to act on instructions received through use of your password, and that Unison may, but is not obligated to, deny, access or block any transaction made through use of your password without prior notice if we believe your password is being used by someone other than you, or for any other reason.
You acknowledge, consent and agree that Unison may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of Unison, its users and the public.
Website Access and Use
By using the Website, you acknowledge and agree that the Website is provided for your information and for your personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Website or any of its content, including any text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, or interactive features (collectively, the “Website Content”), for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You may download or print Website Content for your personal, non-commercial use only, such as to view, print, or email the information, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Website. You also acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
Furthermore, except as expressly permitted in these Terms, you may not: • remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
• circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
• use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
• forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
• collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, or email addresses;
• solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
• attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
• decompile, reverse engineer, or disassemble any portion of any the Website;
• use network-monitoring software to determine architecture of or extract usage data from the Website;
• encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
• affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
• violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
• engage in any conduct that restricts or inhibits any other user from using or enjoying the Website. Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.
Modifications to Service
Unison reserves the right at any time to modify, discontinue or remove, temporarily or permanently, the Website and/or the Website Content (or any part thereof), including the Restricted Areas, with or without notice. You agree that Unison shall not be liable to you or any third party for any modification, suspension, removal or discontinuance of the Website.
You agree that Unison may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Website and/or the Restricted Areas. Grounds for such termination shall include, but not be limited to: (a) failing to comply with the letter or the spirit of the Terms, Additional Terms, or other agreements or guidelines; (b) requests by law enforcement or government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification of the Website (or any part thereof); (e) unexpected technical or security issues or problems; and (f) extended periods of inactivity. Termination of your access and/or account(s) may include: (x) removal of access to all offerings within the Website’s Restricted Areas; (y) at Unison’s sole discretion, the deletion of all of your Website account information and other content associated with your Website account (or any part thereof); and (z) barring further use of the Website’s Restricted Areas.
Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Website, your account, or these Terms shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, arbitration and dispute resolution, no class action, no trial by jury, and all of the miscellaneous provisions set forth below.
We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
• violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
• affects us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourages any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
• impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
• encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
• is an advertisement for goods or services or a solicitation of funds;
• includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
• contains a formula, instruction, or advice that could cause harm or injury; or
• results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing.” Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
By submitting User Content to us, simultaneously with such submission you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation (a) in connection with our business. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright or other intellectual property right that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms.
By submitting User Content, you also grant us the right, but not the obligation to use your information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
Interactions with Advertisers and Other Users
Your correspondence or business dealings with, or participation in promotions of advertisers and other third parties found on or through the Website, including payment for and delivery of related goods and services, and any other Terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Unison shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Website.
The Website may provide links to third-party websites, advertisements or resources. Because Unison has no control over such sites, advertisements, and resources, you acknowledge and agree that Unison is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Unison shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. All products from this website are subject to availability and the inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. As necessary, we reserve the right to limit the quantity of products we supply. We also reserve the right to alter the terms or duration of any special offers or sale promotion. We will inform you if we are unable to fill your order. If an item is on back order we will notify you immediately. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. You may be presented with Additional Terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those Additional Terms will also govern that transaction.
Due to the inherent nature of fabric and dyes, variations in Unison's cotton products and subsequent printed colors are not considered defects and will slightly vary. No returns for repair will be accepted without preliminary written correspondence authorizing the return. All shipping charges related to repairs will be the responsibility of the customer. Unison is not responsible for failures resulting from a) accident, disaster, neglect, abuse, misuse, improper handling or storage or b) alterations, modifications or repairs by customer or third parties.
Ordering & Payment
We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on the Website. 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 reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
The Website may allow you to make payments using a number of different payment sources, like credit cards and debit cards. When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us store your method of payment, if you choose to do so, along with other related transaction information. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
You will be responsible for all applicable taxes, regardless of the amount quoted on the Website at the time of your order.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately so that we may take action to attempt to prevent financial loss. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
Returns & Exchanges
If any merchandise is defective, or does not otherwise meet your expectations, it may be returned for a refund or exchange within 30 days of the date of purchase with receipt. Please reference our Return Policy (www.unisonhome.com/returns) for specific details, exclusions, and exceptions.
Returns for Unison merchandise that you purchase from locations other than this site will not be accepted. Additionally, Unison merchandise purchased on this site cannot be returned under this policy to any other location.
Shipping exceptions and surcharges apply for items marked oversized. Total shipping costs for orders including oversized items will be calculated per package. Additional charges may apply to oversize items and special residential circumstances including remote locations not readily accessible. Please reference our Shipping Information page (www.unisonhome.com/shipping) for specific details, exclusions, and exceptions.
Changes & Cancellations
In order to make a change or cancel your order, please contact us immediately, within 24 hours of placing your order, by calling us or using our contact page. We cannot make a change or cancel an order on weekends or federal holidays. Once a shipment has left our warehouse, the purchase cannot be changed or cancelled. All orders are subject to acceptance by Unison, which includes but is not limited to cancelling orders that have inventory, pricing, or promotional exclusion errors at the time of purchase.
Unison offers a 20% discount to the Trade, please reference our Trade Program page here: www.unisonhome.com/trade-program. If you would like to set up a trade account, please email firstname.lastname@example.org with a completed trade form that includes a brief description of your business, a copy of your State Professional License and/or a copy of your Resale Certificate. Once your information is submitted, please allow 1-3 business days for a sales associate to assist you with your account and any subsequent orders.
Contests, Sweepstakes, and Promotions
From time to time, we, or our service providers, suppliers, advertisers, and other third parties may conduct promotions on or through the Website, including, without limitation, contests and sweepstakes (“Promotions”). Each Promotion may have official rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms.
Our Proprietary Rights
This site and all of the content made available on it, including all merchandise, designs, illustrations, photographs, graphics, articles, text, video and audio, all other copyrightable material, all trademarks, trade names, service marks, logos and domain names, and all other forms of intellectual property (“Content”), are owned by R+A Design, LLC. and it's Unison brand and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and international treaties. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms are expressly reserved.
You agree to indemnify, defend, and hold Unison and its affiliates, members, officers, directors, employees, agents, partners, licensors, and service providers (collectively, the “Indemnified Entities”), harmless from all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) made by any third party arising out of, related to, or that may arise in connection with: (a) your use of the Website; (b) any transaction resulting from use of the Website, your connection to the Website; (c) your actual or alleged breach of any of the representations, warranties, covenants, or provisions of these Terms or any applicable law or regulation; (d) your submission, posting, or transmission of personally identifiable information or other data to the Website; (e) your violation of any rights of another; or (f) your other acts and omissions.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE WEBSITE CONTENT AND ALL OTHER PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT OF THE LAW, THE INDEMNIFIED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY: (A) WARRANTIES THAT THE WEBSITE, WEBSITE CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE, WEBSITE CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (E) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (F) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (G) WARRANTIES THAT ERRORS IN THE WEBSITE WILL BE CORRECTED. UNISON ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNISON OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ABOVE LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH: (A) THE USE OR THE INABILITY TO USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE OR THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
a. Governing Law. These Terms and the relationship between you and us shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You agree that any cause of action arising under these Terms or otherwise involving the Website will be brought exclusively in a court located in Cook County, Illinois, United States of America.
b. Waiver and Severability of Terms. The failure of Unison to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the invalid or unenforceable provision, and all other provisions of these Terms shall remain in full force and effect.
c. No Contest. Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
d. Assignment. We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
e. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.
f. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site, Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
g. Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.
h. Entire Agreement. These Terms (together with any other any Additional Terms incorporated by reference herein) constitute the entire agreement between you and us with respect to your access to and use of the Website, and any and all other written or oral agreements or understandings previously existing between you and us with respect to the subject matter hereof are hereby superseded and cancelled.