Since joining SCORE, I have . Each party to this Agreement represents and warrants to the other that it has the right and authority to enter into this Agreement and to perform all of its respective obligations and undertakings. The Technology that FundAmerica provides are evolving and the Technology that we provide may change from time to time without prior notice to you. (Ordinary Operations) for Loan 4272-INO: Promoting Research and Innovation through Modern and Efficient Science and Technology Parks Project; Loan Agreement (Ordinary Operations) for Loan . Technology has the meaning set forth in the Account Form. You're right. (C.S.I.) Ups freight transportation or company has two days for accepting the updated ups technology agreement cost with ups proactive response pages are. UPS Technology Agreement General Terms and Conditions End User Rights. What type of lawyer do I need? Issuer will not directly itself, and will not permit or authorize third parties, including Issuers Users, employees or agents to: (a) rent, lease, sublet, resell, convert, license, exploit, use, modify, or otherwise permit unauthorized third parties to access or use any aspect of the API or Invest Now; (b) reverse engineer, reverse assemble or otherwise attempt to discover the source code for the API or Invest Now; (c) circumvent or disable any security or other technological features or measures of the API or Invest Now; (d) alter, modify, convert or attempt to, modify, convert or otherwise manipulate the API or Invest Now, software or code; or (e) clone or otherwise copy, replicate or duplicate in any fashion any part of the API or Invest Now design, workflow, features or methodology, all of which Issuer acknowledges are proprietary intellectual property wholly owned by FundAmerica. There are templates all over the internet, including at the bottom of this article. ISSUER HEREBY ACKNOWLEDGES AND AGREES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, FUNDAMERICA WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ISSUER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTION CONTEMPLATED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF BUSINESS. Issuer agrees that FundAmerica is not providing any investment advice, nor do we make any recommendations to any issuer of, or investor in, any securities. For example, we may suspend your access to UPS Capital Online to: (a) perform maintenance and support; (b) prevent unauthorized access to or use of UPS Capital Online, or (c) comply with a law, regulation, rule or any ruling of a court or other body of competent jurisdiction. SUBSTITUTE FORM W-9- TAXPAYER IDENTIFICATION NUMBER CERTIFICATION. All rights not expressly granted to you in this Agreement are reserved and retained by us or our licensors, suppliers, or other service providers. We will post notice of changes of the terms and conditions of this Agreement on our websites. UPS Technology Agreement. [email protected] 2018-12-14 12:07:58. IN NO EVENT WILL THE UPS CAPITAL PARTIES LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE), PENALTIES OR LOSS RELATED TO OR ARISING FROM ACCESS AND USE OF THE ONLINE SERVICES, INCLUDING ITS FEATURES, FUNCTIONALITY, INFORMATION, OTHER CONTENT OR SUPPORT SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE, EXCEED, IN THE AGGREGATE, ONE THOUSAND UNITED STATES DOLLARS (USD $1,000) OR ITS LOCAL CURRENCY EQUIVALENT, ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU. If you receive API Technical Documentation from us and the required security elements such as a login ID and password, a token, or other credentials, during the Term, you are licensed to use the API Technical Documentation and you may access and use the API Technologies only to (a) develop software or a website (each an Application) and (b) order and manage delivery of the Services through such Application, and for each (a) and (b), only for your internal business purposes. Your Application will not include, use, or present any comparison of a rate for the Services with the services, service levels, or rates for insurance or financial services of any third party that is not an affiliate of UPS Capital Group, including comparisons within the same screen display, window, or browser, and automatic rules-based comparisons. Either party may terminate this Agreement upon thirty (30) days written notice of a material breach to the other party of such breach. Support Services may not be available in all territories. There are no third party beneficiaries to this Agreement. You represent and warrant that: (a) you have the right to provide any information you provide to us through the Online Services, and (b) any information you provide to us through the Online Services is true, accurate, complete and current information. Learn to Recognize Fraud . Fees for the Technology provided under this Agreement are set forth in Exhibit B. Create and Track a Shipment (Including Return Shipments). Services has the definition provided in the preamble. All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, or other service providers. The term you or the possessive, your or yours means, as applicable: (i) you as an individual, if you are entering into this Agreement as an individual on behalf of no other third party for your own personal use of the Online Services; or (ii) you as an individual and the business entity that is your employer or that you own or control, if you are accessing the Online Services as part of your responsibilities on behalf of such business entity. UPS Capital Online is available in connection with our Services to you under the applicable agreements and/or policies (collectively, the Policy) previously entered between you and us. Please contact Local 705 for information or with questions. Limitation of Liability. It was the 5th consecutive quarter of leadership position in the respective server market for the company. In the event of any dispute among the parties, the prevailing party shall be entitled to recover damages plus reasonable costs and attorneys fees and the decision of the arbitrator shall be final, binding and enforceable in any court. 227.7102-2, and 48 C.F.R. PoKi3a>_"OP0+~c.\fJw6xKHS1[}D> [pRZcK.(;O>bMM>V9M4EQ'w!;g(?vVr. What Is a Technology Agreement? Electronic Signature and Communications Notice and Consent. United States, Brazil, Canada, Mexico, China, Hong Kong, Japan, Singapore, Thailand, Germany, France, Italy, Netherlands, Spain, United Kingdom, United States, United Kingdom, Germany, Canada, Italy, France, Japan, Thailand, Hong Kong, France, Germany, Italy, United Kingdom, United States, Canada, Parcel Pro Ship (parcelpro.com, upscapitalde.com, upscapitaluk.com), United States, Germany, United Kingdom, Canada, Transactional Cargo API (including Quote API, Purchase API, Confirm API, Claims API, Invoice API, Payment Remittance API and Get Commodity API), United States, Canada, Germany, Italy, France, United Kingdom. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. I live in Burke, VA (Fairfax County). Enhancement Services products may not be available in all jurisdictions and may be modified based on requirements. UPS Technology Agreement: End User Rights UPS Technology Agreement: Information and General Use Policies UPS Technology Agreement: General Terms and Conditions. Disclaimer of Warranties. This is not a UPS website. You waive all notices, acknowledgements and confirmations relative to contracting by electronic means which may be required under Articles 10(1), 10(2), 11(1) and 11(2) of EU Directive 2000/31/EC as implemented in your jurisdiction (including, in the UK, which may be required by the equivalent provisions of the Electronic Commerce (EC Directive) Regulations 2002 as may be amended or replaced from time to time, following the UKs exit from the European Union) in respect of your use of the Online Services. Credit availability is subject to approval. Each party further represents and warrants that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any other person is required in connection with such partys execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound. Post a projectin ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate technology agreements. WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY TYPE CAUSED BY SUCH INTERFERENCE. You acknowledge the Policy applies to any Services we perform regardless of whether you use UPS Capital Online for the Services. FUNDAMERICA EXPRESSLY DISCLAIMS LIABILITY TO ISSUER FOR ANY DAMAGES RESULTING FROM ISSUERS RELIANCE ON OR USE OF THE SERVICES. Limitation of Liability. Changes will not apply retrospectively, and they will become effective no sooner than fourteen (14) days after they are posted on our websites, unless such changes relate to new features or functionality of the Online Services or changes made for regulatory requirements or other compliance reasons, in which case, such changes will be effective immediately upon posting. ISSUER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF FUNDAMERICA TO ANY THIRD PARTY. You agree not to modify (including corrections to the Software), reproduce, rent, lease, lend, encumber, distribute, redistribute, remarket or otherwise dispose of the UPS Materials or any part thereof without the consent of UPS, and hereby waive such rights granted under applicable law, except where such waiver is unenforceable. Bala brings a wealth of experience to UPS, most recently serving as Chief Digital Officer at AT&T (NYSE:T . I ordered something, and got notice that it had shipped. I managed the Patent Office of a large R&D institute. This TECHNOLOGY SERVICES AGREEMENT, which consists of this account form (the Account Form) and the associated Terms and Conditions (the Terms and Conditions) attached hereto as Exhibit A, is made and entered into as of November 4, 2016 (the Effective Date) between Teraphysics Corporation (collectively referred to as Issuer, you, your) for its offering of securities entitled Teraphysics Corporation (Offering), and FundAmerica, LLC (FundAmerica, Technology Provider, we, our, or us). At all times, the Technology shall be hosted, managed and maintained by FundAmerica and our appointed third-party service providers. If any part of these Terms turns out to be invalid or unenforceable, the rest of these Terms will be still valid and enforceable. (b) Assignment. Access to and Use of the Online Services. C.O.D. Orly focuses on startup companies and technology transactions. You may use Information, including information related to the Services, only for your business purposes in connection with receiving the Services. Related Papers . All correspondence and communications between you and UPS Capital Group under this Agreement must be in the English language. Term has the definition provided in Section 10. Technology Agreement | US Legal Forms US Legal Forms Technology Agreement Technology Agreement The Forms Professionals Trust! For example, dispute resolution provisions, to the extent contained in the Policy, govern how a dispute between you and us will be addressed as regards to the provision of the Services. Followed the link to a UPS site (https://wwwapps.ups.com/WebTracking/track?track=yes&trackNums=xxx) and it told me "Arrived - Chek Lap Kok, Hong Kong, Saturday, 07/21/2018". ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU AND ARE ONLY APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Reference: No Fees are to be prorated for any partial periods, nor are they refundable in whole or in part unless agreed to in writing by FundAmerica for the specific Technology for which any Fees were charged. Read We Talked To A VP At Microsoft - WAN Show December 23, 2022 by with a free trial. Place of Arbitration/Number of Arbitrators/Costs of Arbitration. Section 3. Gtc - Free download as PDF File (.pdf), Text File (.txt) or read online for free. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring. We may assign, delegate or transfer all or any part of these Terms to our affiliates without your approval. The Online Services qualify as commercial items, as that term is defined at Federal Acquisition Regulation 48 C.F.R. Digital Invoice has the definition provided in Section 2.3.4. UPS Capital Insurance Agency, Inc. and its licensed affiliates are wholly owned subsidiaries of UPS Capital Corporation. Section 8. Application has the definition provided in the Section 2.2. If any such electronically-sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipients change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. Issuer acknowledges that some of the Technology, even though a la carte in the system, may be interdependent and not available except and unless combined with other Technology, as determined in the sole and arbitrary discretion of FundAmerica, and that your terms, access to specific Services, and/or fees may be different than those of other FundAmerica customers, and even different than those of other offerings you have conducted using our Technology, if any. Support Services. As used herein, the Confidential Information means all confidential and proprietary information of a party disclosed (Disclosing Party) to the other party (Receiving Party), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of this Agreement (including pricing and other terms reflected in all Account forms hereunder), data, business and marketing plans, technology and technical information, product designs, API designs, Invest Now , and business processes. You may use information (Information) available on UPS Capital Online, including information provided by the Services, only for your internal business purposes in connection with receiving the Services. You acknowledge and agree that you may disclose, or that we or the Support Providers may observe, your information and data during the provision of Support Services, and that such information and data shall be deemed non-confidential. 611 0 obj <]>>stream In the event these Terms conflict with the Policy, the Policy will control. Information means any data or information, including personally identifiable information, provided by or relating to Users in connection with any Offering, whether provided directly by User or Funding Platform in connection with the Technology. If you learn of any unauthorized use of your account, you will notify us. You must protect the Information with no less diligence than you protect your own confidential information. Invest Now means FundAmericas proprietary transaction engine technology to simplify engaging with the Technology, generally with plug & play access, both for posting data associated with an offering into our system (the Wizard) and for investors to commit to an offering (the Button). YOU AND UPS CAPITAL GROUP ACKNOWLEDGE AND AGREE THAT EACH PARTY WAIVES THE RIGHT TO: (a) HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST YOU, UPS CAPITAL GROUP OR RELATED THIRD PARTIES; (b) HAVE A COURT, OTHER THAN A STATE COURT OF LIMITED JURISDICTION AS DEFINED ABOVE, RESOLVE ANY DISPUTE ALLEGED AGAINST YOU, UPS CAPITAL GROUP OR RELATED THIRD PARTIES; (c) HAVE A COURT REVIEW ANY DECISION OR AWARD OF AN ARBITRATOR, WHETHER INTERIM OR FINAL, EXCEPT FOR APPEALS BASED ON THOSE GROUNDS FOR VACATUR EXPRESSLY SET FORTH IN SECTION 10 OF THE FEDERAL ARBITRATION ACT; AND. What type of attorney would I hire for a problem with a HVAC contractor that installed the wrong size of equipment. . You can continue to use our Services without using the Online Services. Section 2. Section 7. By logging in, I agree to the UPS Technology Agreement . Email or Username. Subject to the terms and conditions of this Agreement, you may access and use the Hosted Services during the Term for your internal purposes to order or manage delivery of the Services. To access UPS Capital Online, you will need your own UPS Capital Online account credentials, such as an associated account ID and password. A technology agreement, sometimes called a technology service agreement, is a legal document usually used between a company and a technology service provider to outline the rights and responsibilities of both parties as they enter into a business relationship. Loan agreements outline the terms of an agreement for a loan. We developed patent portfolios in diverse technologies biological, physical sciences, chemistry, engineering, biomedicalfor many successful start-ups. Each support session using Support Software will be separately approved by You. Freelance attorney helping others beat overflow work by assisting with legal research, legal drafting, discovery, litigation support and client relations. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. Each party to this Agreement shall be solely responsible for their own federal and state taxes, and will pay their own taxes, duties, withholding taxes, and other governmental and/or regulatory charges (collectively, the Taxes) resulting from or pursuant to its performance under this Agreement and as they apply to its respective business. These agreements help determine who is responsible for what in the business agreement and dispute resolution procedures. Your use of Third- Party Resources is subject to any applicable policies and terms and conditions of use. UPS Service Guarantee. UPS Capital Group makes no representations or warranties regarding the correctness, accuracy, performance, or quality of any content, software, service, or application found at any Third-Party Resources. If you are a resident of or your registered office is located in one of the countries listed below, the respective terms below shall apply to you. Section 4. All decisions regarding approval of a merchant services application, and all fees charged for merchant services, are determined solely by Paymentech, LLC. Now, it is expanding its use of Li-Ion technology for its single-phase Smart-UPS portfolio with APC's new line of Li-Ion Battery UPS. Notwithstanding this provision, the parties may agree to proceed with desk arbitration at any time. We may suspend your access to and use of any part of UPS Capital Online as necessary in our sole discretion. Access to these Third-Party Resources is provided solely as a convenience to you and not as an endorsement by us. Get FREE estimated Delivery Windows on most UPS packages.". In the case of conflict or ambiguity between any of the provision contained in this Section 11.10 and the remainder of this Agreement, the provisions contained in this Section 11.10 shall prevail if Section 11.10 applies to you. They bury it in a PDF, and then in 79 pages of legalese, in hopes that you won't notice, and they then have your PERMISSION to do whatever the hell they want to your computer. Submit a Claim and Retrieve a Claim Status, Guest claims submission for OnDemand customers, Guest claims submission for Channel Partner customers, Single-Shipment Insurance including credit card payment, Create/ Display/ Update insurance quote(s), Purchase (bind) shipping insurance policy(ies). Customs Bonds are underwritten by an authorized insurance company and issued through licensed insurance producers affiliated with UPS Capital Insurance Agency, Inc., and other affiliated insurance agencies. We may assign, delegate or transfer all or any part of this Agreement to our affiliates without your approval. WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY TYPE CAUSED BY SUCH INTERFERENCE. General Terms and Conditions. Claims Documentation means, documentation such as images of damage and invoices and receipts to support the occurrence and value of any such loss or damage. Cartage Services, Inc. Freight Pickup & Delivery Supplemental Agreement, Teamsters Southern Region and UPS Cartage Services, Inc. Consistently works under pressure, prioritizing and managing workload and simultaneous tasks to meet deadlines in a changing, fast-paced environment. Service Terms. Such Technology include and are accessible via our Application Programming Interface (the API) and our Invest Now technology (Invest Now). Any filing fee or administrative fee required of you by the AAA Rules shall be paid by you to the extent such fee does not exceed the amount of the fee required to commence a similar action in a court that otherwise would have jurisdiction. The Online Services contain links to and use Third-Party Resources. If you learn of any unauthorized use of your account, you will notify us. ***This is an anti-free speech Anti-Alt-right/Nazi/Right Conservatives, a Pro-LGBT community that supports Black Lives Matter. Section 6109 of the Internal Revenue Code requires us to provide you with our Taxpayer Identification Numbers (TIN). Upon written request, you shall provide to us, at our election, access to or a copy of the Application (and/or any update thereto) and the URL for each location of the Application on the Internet (if the Application is used or made available through the Internet) for the purpose of determining the Applications compliance with the terms of this Agreement, including without limitation, API Technical Documentation. A SaaS agreement, or a software as a service agreement, lays out terms and conditions of a software delivery model. UPS Capital Corporation (UPS Capital) is a subsidiary of United Parcel Service, Inc. Subject to the terms and conditions in these UPS Capital Technology Agreement Terms and Conditions of Use (the Terms), UPS Capital and its affiliates (we, us or ours) provide you with features and functionality on UPS Capital Online in connection with our provision of insurance and financial products and services (Services) to you. Issuer will not acquire any right, title, or interest in or to the API, Invest Now , or other software, technology, business processes, copyrights, trademarks, or intellectual property of FundAmerica or its subsidiaries and affiliated entities by any reason, including: (a) the execution and delivery of this Agreement, (b) the disclosure of any information with respect to Invest Now or the API by FundAmerica either pursuant to this Agreement or prior or subsequent to execution hereof, (c) Issuers discovery of confidential information in the course of the commercial relationship contemplated by this Agreement, or (d) any licensed or unlicensed use of FundAmericas proprietary information, software, the API, Invest Now , brand, or intellectual property and/or the creation or evolution of any derivative or new intellectual property, software, information, arising from the use or misuse of the Technology. Final acceptance of such Insured Shipment Data is subject to our review and governed by the Policy. For any legal notices, both you and we will use a notice protocol included in the Policy. Fees are not contingent upon the success of the offering and are generally payable via ACH debit to Issuers bank account, in which case the parties agree that the definition of investments in the ACH Debit Authorization Form is hereby expanded to include fees due hereunder. UPS Technology Agreement and End User Rights. During such remote sessions, the Support Providers may assist you in making modifications to your computer systems. WHEREAS, Issuer intends to use technology to engage in and manage one or more equity and/or debt securities offerings; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed to execute this Technology Agreement (the Agreement) to memorialize the terms and conditions for which FundAmerica will provide Technology to Issuer. API Technologies means collectively, those API technologies identified in Exhibit B (Online Services). Sure, there are routes for efficiency and all that, but come on . Issuer will use the Technology in compliance with all applicable laws and regulations, and refrain from any conduct, use or misuse that may damage the reputation of FundAmerica or its subsidiaries or affiliated entities. *** UPS Teamsters United is a pro-union grassroots network of UPS Teamsters. I'm not sure what the asterisk is for -- I didn't see another asterisk with a footnote anywhere. You can terminate this Agreement by stopping use of the Online Services at any time. Except as provided in Section 5 (Support Services), you shall provide all maintenance and support for your Application. 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