The UPS Store Connect Community Participation Terms of Use
IMPORTANT: Please read the following terms and conditions (the “Terms”). These Terms govern your participation in the The UPS Store Connect online social community (“TUPSS Community”). These Terms apply to all The UPS Store® and Mail Boxes Etc.® area franchisees, individual franchisees (each a “Franchisee”, and collectively referred to as “Franchisees”) and all of their respective employees, contractors and consultants (collectively referred to as “your personnel”) who participate in TUPSS Community.
By registering for or otherwise participating in TUPSS Community, you agree that you have read, understand and intend to be bound by these Terms. If you do not agree to the Terms, please do not participate in TUPSS Community.
Please note that you remain responsible for all computer and technology issues and security risks associated with using social media for business-related purposes and should take appropriate measure to address those issues and risks.
We require that you follow all The UPS Store, Inc., its parent, affiliate and subsidiary entities (collectively, “TUPSS”) policies and procedures, including these Terms, when using and navigating TUPSS Community. Neither these Terms, nor any comments, material or information posted in or on TUPSS Community are intended to amend, nor shall they be deemed to have amended or otherwise limit the effect or scope of, (1) any franchise agreement between TUPSS and any TUPSS franchisee, including any provision in such franchise agreement that requires you/the franchisee to comply with the applicable terms of the TUPSS Center Operations Manual, (2) any other agreement between TUPSS and any other party, including you/a TUPSS franchisee, or (3) the TUPSS Center Operations Manuals (including all provisions, guidelines and other policies or releases deemed by TUPSS to be a part thereof). In the event of any conflict between these Terms, or any comments, material or information posted in or on TUPSS Community, and an effective franchise agreement or the TUPSS Center Operations Manual, the terms of the franchise agreement or TUPSS Center Operations Manual, as applicable, shall apply.
Registration. Only individuals authorized by TUPSS to participate in TUPSS Community are permitted to access and use TUPSS Community. When you register to become a member of TUPSS Community, you will be asked to create a user ID and choose a password. You are responsible for keeping your password and user ID secret and confidential. You agree that you are solely responsible for all uses of the TUPSS Community made using your password and user ID, including submission and posting of any content.
TUPSS Content. Unless otherwise indicated, TUPSS or its licensors own and retain all proprietary rights in TUPSS Community and all material and information posted thereon (collectively, “Content”). Without the explicit consent of TUPSS, no Content from TUPSS Community may be copied, displayed, republished, downloaded, posted, translated, modified, distributed or commercially exploited in any way.
Submissions. As a member of TUPSS Community, you may be asked to take various actions or participate in activities as part of the information gathering process. You may post or submit messages, text, photos and related content to the TUPSS Community (“Submissions”). You agree that any Submissions, including, without limitation, information, advice, ideas or expressions of ideas that you provide will be viewed by other members of TUPSS Community. You hereby assign and agree to assign to TUPSS all rights in Submissions and any information, advice, ideas or expressions of ideas that you provide to TUPSS Community. You agree to maintain all Submissions by you and any other member of visitor to the TUPSS Community and all Content as confidential.
You consent to the posting by TUPSS of Submissions on the TUPSS Community and further agree to abide by the rules of the TUPSS Community established in the Community Guidelines (posted on TUPSS Community and incorporated herein by this reference). You acknowledge that as part of TUPSS Community, Submissions may be viewed by others, and, therefore, you have no expectation of privacy or confidentiality with respect to your name and Submissions. You further acknowledge that your name and Submissions as made available via TUPSS Community may be accessed, viewed, printed and downloaded by others. You, therefore, should not submit any confidential or proprietary information to the TUPSS Community. By submitting Submissions, you expressly permit TUPSS to allow other visitors and members to access, view and use your Submissions as they are made available on the TUPSS Community. Never discuss proprietary TUPSS information, including sales data and plans, company finances, future business performance, business plans, strategies, product launch information, unannounced plans or any other confidential information of TUPSS or franchise system in TUPSS Community.
You represent and warrant that Submissions are your own original work and has not been published or distributed by any other person or entity, in any form and does not infringe or violate the copyright, trademark, trade secret or other personal or privacy rights of any person or entity. If Submissions includes images and photographs of persons in addition to yourself, you represent and warrant that you have obtained the permission from each person in that image or photograph to submit the Submission for use on TUPSS Community as set forth in these Terms. You understand that you and any other persons that are included in any of Submissions may be requested by TUPSS to sign documents acknowledging agreement to these Terms.
You acknowledge that TUPSS has not promised you any compensation for Submissions or use of Submissions and that TUPSS is not obligated in any way to make any use of Submissions. You agree that TUPSS is not required to submit to you any materials that include Submissions for review or approval prior to use by TUPSS on TUPSS Community or otherwise, and you hereby waive any right to inspect or approve those materials. TUPSS reserves the right to modify any Submissions, in whole or in part, for any reason, and you waive any and all “moral rights” in and to Submissions.
TUPSS only acts as a passive conduit for the distribution of Submissions provided by visitors and members of TUPSS Community and is not responsible or liable for any of Submissions, communications and other materials generated by you or any other visitors and members.
Submissions published or posted by members or visitors is solely the opinion and responsibility of the person posting the Submissions and does not necessarily reflect the opinions or policies of TUPSS. TUPSS does not endorse and has no control over the Submissions posted by members or visitors on TUPSS Community. TUPSS does not review Submissions posted by members or visitors prior to posting on TUPSS Community and the Submissions do not necessarily reflect the opinions or policies of TUPSS. TUPSS shall have the right, but no obligation, to monitor Submissions to TUPSS Community to determine compliance with these Terms, any other operating rules established by TUPSS for TUPSS Community or with any laws, regulations, or authorized government request.
TUPSS and the members and visitors work together to keep TUPSS Community working properly and the member community productive. If you become aware of any problems, offensive content, or policy violations or believe that your rights have been violated, please report those problems to us by notifying TUPSS.
TUPSS reserves the right, but has no obligation, to reject, refuse to post or remove any posting or Submissions (including messages and comments posted to TUPSS Community) to suspend or terminate member accounts or user IDs, to prohibit access to TUPSS Community, and to take technical and legal steps to keep members off TUPSS Community if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of these Terms or our policies. TUPSS’s decisions to reject, refuse to post or remove Submissions (including messages or comments) posted by a member or visitor or to terminate member accounts or user IDs are final.
Disputes
You are solely responsible for your interactions with other members and visitors on TUPSS Community. TUPSS reserves the right, but has no obligation, to monitor or mediate disputes between you and any other members or visitors.
Acknowledgment Regarding Content
Content accessible through TUPSS Community constitutes information and data provided by TUPSS, members and visitors and is provided for informational purposes only. Content and Submissions accessible through TUPSS Community does not constitute legal or business advice and is not an assurance of performance or business results. Reliance on any Submissions provided by TUPSS Community is solely at the user’s own risk. Furthermore, TUPSS does not represent or endorse the correctness, accuracy, reliability or any other aspect of advice, opinion, statement ideas, expressions of ideas, or other information distributed by any person through TUPSS Community.
Acceptable Use
Your use of TUPSS Community must be in accordance with the Community Guidelines. In addition, you are prohibited from using TUPSS Community to post or transmit any Submissions which is or may be infringing, threatening, false, misleading, inflammatory, libelous, defamatory, invasive of privacy, obscene, vulgar, profane, pornographic, harassing, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or that may otherwise give rise to civil liability or violate any law. You are further prohibited from using TUPSS Community to post or transmit any Submissions that could damage or disparage TUPSS or any of its affiliate entities in any manner or any Franchisee or Center or to link to any sites, posting or content that does any of the foregoing. You are also prohibited from using TUPSS Community to advertise or perform any commercial solicitation. Respect your audience and refrain from political or religious topics and causes that may be deemed controversial or offensive. Do not denigrate or insult others, including other Franchisees, brands and competitors. Do not make any statements regarding competitors or their products or services.
Availability of TUPSS Community. TUPSS reserves the right to establish general practices and limits concerning TUPSS Community at any time (and may modify such practices and limits at its sole discretion), including, without limitation, the maximum number of days that your postings or other Submissions will be retained, the maximum amount of server disk space that will be allotted on your behalf, and the maximum duration for which an account can be accessed in a given period of time. TUPSS shall have no responsibility or liability for the deletion or failure to deliver or store any public forums or any Submissions on TUPSS Community or other Content maintained or transmitted by TUPSS Community, or for failure to post or update any Submissions submitted by you. TUPSS reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, TUPSS Community (or any part thereof) with or without notice. TUPSS shall not be liable to you or to any third party for any such modification, suspension or discontinuance of TUPSS Community.
Termination. You agree that TUPSS, in its sole discretion, may terminate your password, account (or any part thereof) or use of TUPSS Community, and remove and discard any Submission within TUPSS Community, for no reason or any reason, including, without limitation, for lack of use or if TUPSS believes that you have violated or acted inconsistently with these Terms. You agree that any termination of your access may be effected without prior notice. TUPSS shall not be obligated to return or provide copies of any information, files or content in your account to you upon deactivation. Further, you agree that TUPSS shall not be liable to you or any third party for any termination of your access to TUPSS Community.
Security. Unfortunately, no website or services delivered over the Internet can be guaranteed to be absolutely secure. As a result, TUPSS cannot ensure or warrant the security of any Submissions you post to TUPSS Community, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, TUPSS may, in its sole discretion or as required by applicable law, notify you of such breach. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with TUPSS Community.
Indemnification. You agree to indemnify and hold TUPSS, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms.
Disclaimer of Warranty. TUPSS COMMUNITY AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COMPLETENESS, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND TUPSS DISCLAIMS ALL SUCH WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW.
TUPSS assumes no liability or responsibility for any errors or omissions in the Content of or Submissions to TUPSS Community, including any failures, delays or interruptions in the delivery of any content contained on TUPSS Community, or any losses or damages arising from the use of the content provided by TUPSS Community or from any viruses or other malicious code that may be transmitted through such use. TUPSS is not responsible for any third party products or services offered on TUPSS Community, if any.
Limitation of Liability. TUPSS, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE TUPSS PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING UNDER OR IN CONNECTION WITH THESE TERMS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
IN NO EVENT SHALL THE TUPSS PARTIES’ AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS EXCEED $50(USD).
IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE TUPSS PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Modification. TUPSS may modify these Terms at any time. Your continued use of TUPSS Community constitutes your acceptance of any changes to the Terms. You are responsible for remaining knowledgeable as to any changes that TUPSS may make to the Terms. The most current version of the Terms will be available on TUPSS Community and will supersede all previous versions.
Miscellaneous. Failure by TUPSS (or its designee) to enforce any of the terms and conditions of these Terms shall not be construed as a waiver of any other provisions and shall not affect the validity of these Terms or any part of them. These Terms shall be binding upon and inure to the benefit of the parties’ and their successors, and assigns. If any provision in these Terms is found invalid or unenforceable, the remainder of the Terms shall remain valid and enforceable according to their terms. These Terms shall be governed by the laws of State of California (excluding its conflicts of laws principals). If any portion of these Terms becomes void, it will not affect the validity and enforceability of the remaining provisions.