Please note that in order to use Under’s Hosted Service, you will also be required to agree to additional Service Terms for that service.
Customer Forms and Other Website Content:
Your Under Account:
If you are an employee or agent of a Customer and you are uploading and accessing Customer Documents on behalf of the Customer, you will be required to set up an Under account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computers or devices, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify Under of any unauthorized use of your account of which you become aware. You agree that Under is not responsible for third party access to your account that results from theft or misappropriation of your password or account. You may not allow another person to use your account, or assign or transfer your account to any other person or entity, without Under’s prior written consent.
You agrees that Under may use any personal data that you provide in a Customer Form or otherwise to contact you (e.g., by email), to provide you with a login to access the Hosted Service so that you may view the data you have entered into a Customer Form. If you use the login and authorize Under to retain your personal data in an account for you, Under may retain your personal data in that account for as long as you keep that account. An account gives you the option to reuse your personal data for other transactions and forms hosted by Under for other customers.
Your Warranties and Restrictions on Use of Website and Under Materials:
- You will not use the Hosted Service or Under Materials for any unauthorized business or unlawful transactions. If you are using the Hosted Service under a Customer’s license, you will not use the Hosted Service in connection with any business office location or site not authorized under the Customer’s license.
- You will not use the Website or Hosted Service in any manner which could damage, disable, overburden, or impair the Website or Hosted Service or interfere with any other party’s use and benefit of the Website or Hosted Service.
- You will not obtain or attempt to obtain any materials or information on or through the Website or Hosted Service through circumventing any access or use restrictions or by any other unauthorized methods, such as hacking or password mining.
- You may not use any bots, spiders, page-scraping or other automated or manual processes or methods to copy or monitor this Website or any of its contents.
- You will not upload any Customer Form, content, information (including personal information of yourself or another individual) or other data (collectively, “User Content”) that contains any libelous or unlawful material or any materials or instructions that may cause harm or injury, or violates any person’s right of privacy or any copyright, trademark, or other intellectual property rights.
- You will not copy, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way use or exploit any of the content of the Hosted Service, Website or other Under Materials other than for their authorized purposes. You will use Under Materials solely for your internal use.
- You will not delete or alter any proprietary rights or attribution notices in any content or Under Materials obtained through the Website or Hosted Service.
- You will not use the Hosted Service, Customer Forms, or other Under Materials to develop a competitive product or service, or copy any of their content, features, functions or designs. You will not allow a direct competitor of Under to access the Hosted Service through your account with Under.
Third Party Linked Sites and Services:
The Website or Hosted Service may provide links to third party websites (“Linked Sites”) for the purposes of providing certain services or information. Such Linked Sites may include social media, credit card processing, and seminar/webinar registration. The Linked Sites are not operated or controlled by Under, and Under is not responsible for any of the contents of any Linked Sites, including any additional links contained in a Linked Site, or for any products or services provided by such third parties. Under is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Under of the site or any association with the owners or operators of the Linked Site.
All content and materials on the Website or made available through the Website, including articles, form, videos, text, software, graphics, logos and images (“Under Materials”), are the property of Under or its Customers, suppliers or licensors. Each Customer Form is the sole property of the Customer supplying that form. All Under Materials are protected by copyright and/or other laws that protect intellectual property and proprietary rights. You agree to comply with all copyright and other proprietary notices, legends or other restrictions applicable to any Under Materials.
Disclaimer of Warranties:
EXCEPT AS OTHERWISE EXPRESSLY AGREED BETWEEN UNDER AND YOU OR YOUR ORGANIZATION IN A SEPARATE CONTRACT, THE HOSTED SERVICE, WEBSITE, THEIR CONTENTS, AND ALL UNDER MATERIALS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES AND WITH ALL FAULTS. UNDER AND ITS LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, WHETHER ARISING BY LAW, BY REASON OF CUSTOM OR USAGE OF TRADE, OR BY COURSE OF DEALING. UNDER DOES NOT WARRANT THAT THE HOSTED SERVICE, WEBSITE, UNDER MATERIALS OR UNDER’S OTHER SERVICES ARE ERROR-FREE. YOU AGREE THAT UNDER IS NOT RESPONSIBLE FOR THE CONTENT OF ANY CUSTOMER FORMS OR FOR THE LEGALITY OF SUCH FORMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UNDER OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so some of these disclaimers or limitations may not apply to you. If Under is held liable for any damages notwithstanding the terms above, you specifically agree that Under’s total liability shall be limited to direct damages, not to exceed $50.00.
Copyright Infringement and Takedown Notices:
We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on the Website are infringing, please notify us as specified in the “Under Contact Information” section below. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws.
The trademarks, service marks and logos displayed on this Website, including within the Hosted Service and in Customer Forms (collectively, “Trademarks”), are registered and/or unregistered Trademarks of Under, its Customers and other third parties. Under’s use of a third party’s Trademark or content on this Website does not indicate any endorsement by Under of such third party or its products or services. You are not granted any right or license to use the Trademarks of Under or others that appear on this Website, other than for authorized business purposes.
The Website and Hosted Service are controlled, operated and administered by Under from our offices within the USA. If you access the Website or Hosted Service from a location outside the USA, you are solely responsible for compliance with all local laws.
Under Contact Information:
222 W Merchandise Mart Plaza
Chicago, IL 60654
Effective as of December 1, 2022