Terms and Conditions
This site is owned and operated by Universal Technical Systems, Inc. (UTS).
CONDITIONS OF USE
UTS and its affiliates provide their Content to you subject to the following conditions. If you visit or shop at UTS, you agree to accept these conditions. Please read them carefully.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of UTS or its content suppliers and protected by United States and international copyright laws. The compilation of all content as well as Software on this site is the exclusive property of UTS or its suppliers and are protected by U.S. and international copyright laws.
LICENSE AND SITE ACCESS
UTS grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of UTS. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of UTS.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of UTS and our suppliers without express written consent. You may not use any meta tags or any other "hidden text" utilizing UTS's name or trademarks without the express written consent of UTS or its suppliers. Any unauthorized use terminates the permission or license granted by UTS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of UTS so long as the link does not portray UTS, its affiliates, or their products or Content in a false, misleading, derogatory, or otherwise offensive matter. You may not use any UTS logo or other proprietary graphic or trademark as part of the link without express written permission.
When you visit UTS or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by telephone, mail, e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
USE of FORUMS, COMMENTS, COMMUNICATIONS, and OTHER INFORMATION
Visitors may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." UTS reserves the right, but is not obligated to remove or edit such content, but does not review the posted content at any preset frequency.
If you do post content or submit material, and unless we indicate otherwise, you grant UTS and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant UTS and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify UTS or its affiliates for all claims resulting from content you supply. UTS has the right but not the obligation to monitor and edit or remove any activity or content. UTS takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from UTS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the shipment by UTS to the carrier.
UTS attempts to be as accurate as possible. However, UTS does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by UTS itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY UTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. UTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, UTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UTS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM UTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
ACCURACY of INFORMATION
UTS assumes no responsibility regarding the accuracy of the information that is provided by UTS and use of such information is at the recipient's own risk. UTS provides no assurances that any reported problems may be resolved with the use of any information that UTS provides. By furnishing information, UTS does not grant any licenses to any copyrights, patents or any other intellectual property rights.
INFORMATION YOU DEEM TO BE CONFIDENTIAL
UTS does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to UTS will be deemed NOT to be confidential. By sending UTS any information or material, you grant UTS an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that UTS is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Information UTS publishes on the World Wide Web may contain references or cross references to UTS products, and Content that are not announced or available in your country. Also under the laws of United States UTS may be prohibited to sell certain products or Content in certain countries. UTS prices may vary from country to country. UTS's obligations with respect to its products and Content are governed solely by the agreements under which they are provided. If you obtain a product or service from UTS off this Web site that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
DESCRIPTION OF CONTENT
UTS provides you with access to a variety of resources, including trial software, demo's, download files, communication forums and product information (collectively "Content"). The Content, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Conditions of Use ("COU").
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Content are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, obtained from the Content.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from the Content ("Software") is the copyrighted work of UTS and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, UTS CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, UTS MAY MAKE AVAILABLE AS PART OF THE CONTENT OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. UTS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE CONTENT OR IN UTS SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND
Any Software which is downloaded from the Content for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Universal Technical Systems, Inc. 4053 North Perryville Road, Loves Park, IL 61111 USA.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, testimonials, case studies, news releases and FAQs) from the Content is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Content is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law.
Documents specified above do not include the design or layout of the UTS Web site or any other UTS owned, operated, licensed or controlled site. Elements of UTS Web site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any UTS Web site may be copied or retransmitted unless expressly permitted by UTS.
UTS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE CONTENT FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. UTS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL UTS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE CONTENT.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. UTS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND CONTENT AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL UTS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE CONTENT, OR INFORMATION AVAILABLE FROM THE CONTENT.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. UTS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Content, you will not use the Content for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Content in any manner that could damage, disable, overburden, or impair any UTS server, or the network(s) connected to any UTS server, or interfere with any other party's use and enjoyment of any Content. You may not attempt to gain unauthorized access to any Content, other accounts, computer systems or networks connected to any UTS server or to any of the Content, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Content.
USE OF CONTENT
The Content may contain e-mail, bulletin board Content, chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others. You agree to use the Content only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Content, you will not:
Use the Communication Content in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Content in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or Content for any business purpose, unless such Communication Content specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Content.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Content or other user or usage information or any portion thereof.
UTS has no obligation to monitor how you use the Web site. However, UTS reserves the right to review materials posted to the Web site and to remove any materials in its sole discretion. UTS reserves the right to terminate your access to any or all of areas of the Web site at any time, without notice, for any reason whatsoever.
UTS reserves the right at all times to disclose any information as UTS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in UTS's sole discretion.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
MATERIALS PROVIDED TO UTS OR POSTED AT ANY UTS Web SITE.
UTS does not claim ownership of the materials you provide to UTS (including feedback and suggestions) or post, upload, input or submit to any Content or its associated Content for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting UTS, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all UTS Content), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Content.
No compensation will be paid with respect to the use of your Submission, as provided herein. UTS is under no obligation to post or use any Submission you may provide and UTS may remove any Submission at any time in its sole discretion.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE UTS'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF UTS AND UTS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. UTS IS NOT RESPONSIBLE FOR WebCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. UTS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY UTS OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
UTS OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN UTS'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO UTS. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO UTS OR ANYONE AT UTS. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT UTS MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Copyright © 1984-2011 Universal Technical Systems, Inc. 4053 North Perryville Road, Loves Park, IL 61111, USA. All rights reserved.
TK!Solver and/or other UTS products referenced herein are either registered trademarks or trademarks of UTS Corporation in the U.S. and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people and events depicted herein may be fictitious.
Any rights not expressly granted herein are reserved.
By visiting UTS Web site, you agree that the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and UTS.
Any dispute relating in any way to your visit to UTS or to products you purchase through UTS shall be submitted to confidential arbitration in Chicago, Illinois, except that, to the extent you have in any manner violated or threatened to violate UTS's intellectual property rights, UTS may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Credit Card Records Retention Policy
Your credit card security is important to us at UTS. Our website stores your credit card information for the length of time it takes to contact your bank for an authorization and to get the necessary funds to complete the order. For security purposes credit card numbers are not stored in our system once these functions have been completed. When you come back to our site you will have to re-enter the credit card information for any subsequent orders.
Taxation / Shipping & Handling
By law, we must collect sales taxes as may be mandated by various governmental bodies. You will be billed for the actual tax amount where appropriate.
Shipping and Handling may be charged for each order based on the UTS policy in effect at the time your order is placed. Some of these charges may vary in different regions of the world based on your shipping address. Also, the UTS price list may vary in different parts of the world. Keep in mind that some items will not have any shipping charges assigned because nothing physically gets shipped (such as enrollment in a training class or a piece of software that you download or will be e-mailed to you). However, handling charges may still apply in these cases.
Any orders to be shipped outside of the continental USA will be reviewed before they are fulfilled (and the shipping and handling costs will be presented to you for your approval).