Legal Disclaimer - Terms and Conditions of Use
USST Holdings, Inc. (“Company”) is the owner and service provider for this website. This is a binding agreement. By using our site located at www.usstcorp.com (the “Site”), you agree to abide by these Terms and Conditions of Use, as they may be amended by our Company, USST Holdings, Inc. from time to time in its sole discretion. Our Company will post a notice on the Site any time these Terms and Conditions of Use have been changed or otherwise updated. It is your responsibility to review these Terms and Conditions of Use periodically, and if at any time you find these Terms and Conditions of Use unacceptable, you must immediately leave the Site and cease all use of the Site.
YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Our Company is not liable for any damages related to communications (personal, confidential or otherwise) to or from the Site. You agree that with respect to any material provided to the Site, our Company has no obligation of any kind concerning such material; the material is non-confidential and non-proprietary. You grant our Company a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, communicating or otherwise distributing information or other material (“User Content”) to the Site, you are granting our Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of our Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Our Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
Compliance with Intellectual Property Laws
When accessing the Site you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
Our Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Our Company has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of Our Company or of a third party, or otherwise violated any intellectual property laws or regulations. Our Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Our Company to delete, edit, or disable the material in question, you must provide Our Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Our Company to locate the material; (d) information reasonably sufficient to permit Our Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our Company’s designated agent:
USST Holdings Inc
4366 Auburn Blvd
Sacramento, CA 95841
Our Company hereby disclaims all warranties. Our Company is making the Site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Site. To the maximum extent permitted by law, our Company expressly disclaims any and all warranties, express or implied, regarding the Site, including, but not limited to, noninfringement. Our Company does not warrant that the Site will meet your requirements or that the operation of the Site will be uninterrupted or error-free.
Our Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall our Company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the Site or any other materials or services provided to you by our Company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Links and Strategic Partners Websites
Our Company has no control over, and no liability for any third party websites or materials. Our Company works with a number of strategic partners and affiliates whose Internet sites may be linked with the Site. Because neither our Company nor the Site has control over the content and performance of these partner and affiliate sites, our Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and our Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that our Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms and Conditions of Use shall govern your use of any and all third party content.
Our Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you if you are not an existing shareholder of our Company, or logging onto a server or part of the Site that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by our Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
You agree to indemnify our Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless our Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms and Conditions of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Our Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
All contents of Site are: Copyright © 2008 USST Holdings Inc., 4366 Auburn Blvd, Sacramento, CA 95841. All rights reserved.
These Terms and Conditions of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Sacramento County, California, USA in all disputes arising out of or related to the use of the Site.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by our Company or by any third party.
California Use Only
The Site is controlled and operated by our Company from its offices in Sacramento, California. Our Company makes no representation that any of the materials to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as our Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
Our Company may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions of Use; (b) modify the Site and/or add services to the Site; and (c) discontinue the Site and/or added services at any time. Our Company shall post any revision to these Terms and Conditions of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and Conditions of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND AGREE TO BE BOUND BY THEM.