Terms and Conditions of Use

updated November 1, 2013

Please note that this revision does not materially change the way Unity treats personal information as compared to any previous version of the Terms and Conditions of Use (“Terms and Conditions”).


These Terms and Conditions of Use contain the following Sections:




Unity Corporation, Inc. (“Unity”) provides software as a service platforms including but not limited to FrameWork and CheckWork (collectively the “Services”). These Services are available to users directly through websites owned or operated by third parties through which you may register to receive, display, access and download branded versions of the Services (each a “Subscriber Site”, or collectively the “Subscriber Sites”). Unity also provides certain services to end users (“Unity Services”).


What these Terms and Conditions of Use Cover.


By registering for, accessing, USING OR DOWNLOADING ANY OF the Services that link to, reference or display these Terms and Conditions of Use or any of the Unity Services, you hereby accept the policies and practices described herein. Each time you register for, access, use, subscribe to or download a Service or Unity Service, you agree and expressly consent to these Terms and Conditions of Use.




Subscriber Site Terms and Conditions.


A subscriber site may provide its own terms and condition of use to govern their branded version of the Services instead of these terms and conditions found herein. Subscriber Site terms and conditions shall govern the branded version of the services you register for, access or download when displayed or linked from the branded services.




By using either (a) the Services that link to or reference these Terms and Conditions of Use or (b) the Unity Services, you agree to these Terms and Conditions of Use (the “Terms and Conditions”) just as if you had signed an agreement with Unity. If you do not agree to be legally bound by these Terms and Conditions, PLEASE DO NOT ACCESS, REGISTER FOR, USE, OR DOWNLOAD ANY SERVICES. You represent and warrant that you have legal capacity to agree (which means that you are of sufficient age and mental capacity, are otherwise entitled to be legally bound in contract and have the requisite authority to enter into these Terms and Conditions) and you represent that you have read and agree to abide by these Terms and Conditions and that you further agree to the Unity Consumer Privacy Policy. The Unity Consumer Privacy Policy can be found at www.unitymg.com and the Unity Corporate Privacy Policy can be found at www.unitymg.com.


Changes to Terms and Conditions of Use.


Unity reserves the right, in its sole discretion, to change, modify, add or delete portions of these Terms and Conditions of Use at any time and such modifications will be effective immediately upon posting the modified terms and conditions on the Unity webiste (“Site”). If you wish to receive notice of modifications to these Terms and Conditions, please send an email to Unity at support@unitymg.com Unity shall have no obligation to notify you of any such changes other than posting such modifications on the Site, but reserves the right (at Unity’s discretion) to provide you notice of such changes to any email address you have provided to Unity. Your use of the Site, Unity Services or Services following the posting of modifications to these Terms and Conditions of Use signifies and constitutes your continued assent to and acceptance of these Terms and Conditions of Use, as amended. If you do not agree to these Terms and Conditions, please do not use access or use the Site, Unity Services or any Services contained therein.


Changes to the Services.


Unity may modify or discontinue any Service, content, software or functionality of any Services, or any portion thereof, with or without notice to you and without liability to you or any third party, except as otherwise expressly provided herein. Unity may terminate any free access to the Services, content or software at any time with or without notice to you and reserves the right to post a prominent notice of such change in connection with the Services, or to provide you with notice of such change to any email or post office address you have provided to Unity. From time to time certain Unity Services may be offered as paid subscription services, or other form of paid Service and with respect to any fee based versions of the Services offered by Unity or through Subscription Sites, you shall be informed of all terms of the offer including but not limited to, subscription fees, pricing, methods of payment, return and refund policies on the screens used to make the purchase.


Children’s Privacy.


The Services provided by Unity are not intended or designed to attract children under the age of 13. Unity does not knowingly collect Personally Identifiable Information (“PII”) from you or any person under the age of 13. This includes information such as your name, address, email address, or phone number, as well as other non-public information that is associated with your personal information. If you are under 13 years of age, please do no use the Site, the Service or the Unity Services without an adult's assistance.


No Professional or Medical Advice.


The information and content found within the Services or the Unity Services such as text, images, information, video, audio, photos, illustrations, graphics as well as any other material (collectively, the “Content”) is for informational purposes only and is not intended to be a substitute for informed medical, psychiatric, psychological, investment, legal, financial or any other form of professional advice. By using the Services or the Unity Services, you are stating to Unity that you are interested in soliciting and receiving or giving general information rather than seeking professional advice. The applicability of such general information might vary substantially in different states or countries and according to the individual factual circumstances surrounding a particular question or comment. Unity does not recommend or endorse any specific product, test, treatment, opinions, procedures or any other goods, services, practices, or information mentioned in or through the Content or contained within or from the Services or Unity Services. Always seek medical or other professional advice with any question or concern you may have regarding a medical, health, financial, legal or other condition. Do not rely solely on the information provided to you through the Services or Unity Services or including any branded version of the Services or Subscriber Site.


Registration, Password, Security.


You are asked to officially register in order to use, access or download the Unity Services or Services. During the registration process you may be asked to provide Personally Identifiable Information, select a screen name and password, and you may choose to provide additional Anonymous Information so that Unity can provide you with a personalized experience. Unity reserves the right to provide you with Content and third party Services based upon the information you may provide during the registration process. You acknowledge that by providing any information to Unity, which is untrue, inaccurate, not current or incomplete, Unity reserves the right to terminate this Agreement and your continued access and use of the Unity Services or Services. You must keep your account password secure. You and the Subscriber Site (where applicable) are responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You must notify Unity or your Subscriber Site immediately of any breach of security or unauthorized use of your account. You grant Unity, the Subscriber Site and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store and use your information in connection with the administration and operation of the Services. Unity cannot and does not assume any responsibility or liability for any information you submit, or your third parties' use or misuse of information transmitted or received using Unity Services and Services. You understand that although Unity will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses to Unity and/or the Subscriber Site or others due to such unauthorized use. You agree never to use someone else's account or password.


Use of Services.


Unity grants to you a limited, personal, revocable, non-exclusive and non-transferable right and license to access the Services, Unity Services and Content and software contained or accessible therein, solely for your personal and non-commercial use. All Services, Unity Services, Content, any service marks, trademarks, or logos are protected by copyright, trademark, patent and other proprietary rights under U.S. and foreign laws. Title to the Unity Services, Content and software contained therein remains with Unity, its licensors, and where applicable Subscriber Sites. Unauthorized access, distribution, reproduction (commercial or otherwise), or any other form of transmission of any portion thereof is hereby expressly prohibited. Any use not expressly permitted by these Terms and Conditions or applicable Additional Terms and Conditions is a breach of these Terms and Conditions. All rights not expressly granted herein are reserved to Unity and its licensors.


Software License.


The Services may contain or give you access to software modules, tools or databases that allow you to retrieve certain Content and other functionality or services (the “Software”). All proprietary rights in any Software are the sole and exclusive property of Unity, its licensors and service providers. You may not rent, sell, lease, lend or transfer any software tools, databases or any Unity Software.


Any Software accessible from Unity or made available to download is a copyrighted work of Unity, its licensors or service providers. Use of the Software is governed by the End User License Agreement ("EULA") (if any) that may be in the form of Additional Terms and Conditions that accompany the downloadable Service. You shall not install any downloadable Services unless you have agreed to the terms of the accompanying EULA. If the downloadable Services are not accompanied by an EULA the following shall constitute the “License Agreement”: Unity hereby grants you, as a user, a personal, non-transferable, revocable, limited license under copyright to use the downloadable Services for viewing and accessing Content in accordance with these Terms and Conditions and for no other purpose. Any and all Software, including HTML code contained in the Services, is owned by Unity, its licensors and suppliers, and is protected by copyright and patent laws in the United States and abroad. All unauthorized use, reproduction and redistribution are expressly prohibited, including but not limited to copying or reproduction to any other server or location for further reproduction or redistribution. UNITY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO ANY SOFTWARE.


You shall be responsible for obtaining and maintaining all computer hardware, Internet connections and other equipment needed to access, download and use the Services, and you alone are responsible for all charges related thereto.


Mobile and Wireless.


The Terms and Conditions applicable to your access to the Services, shall also apply to Unity Mobile and Wireless. Unity Mobile and Wireless includes any Services accessed or used via your mobile telephone or wireless device together with the Software operating within the Unity Mobile and Wireless environment and appearing on your mobile/wireless device that provide you with access to Services.


Third Party Promotional Messages, Goods and Services.


Unity and third parties may from time to time send email messages containing advertisements or marketing messages. Unity makes no representation or warranty with respect to the content of any such email, advertisements or marketing messages or any goods or services obtained from third parties, including Subscriber Sites. You agree that Unity shall have no liability with respect to such promotional messages, goods or services.


Public Areas.


The Services may include message boards, chat rooms, creation of profiles, sharing of email, Content, uploading of video and photos and other social networking environments (collectively referred as “Public Areas”). Content and information you post within these Public Areas (“User Content”) becomes public information immediately disclosed and available to other users of that area, so you agree to exercise discretion and appropriate caution when deciding to reveal personal information when using these Public Areas. User Content is not the responsibility of Unity. You agree that you are totally responsible for your own User Content. Unity is not liable for User Content, the defamatory, offensive or illegal conduct of any third party or any other consequence of posting or distributing User Content and the risk of harm or damage resulting from your User Content rests entirely with you. Additionally, Unity is not liable to you for any damage, or risk of harm resulting from any user conduct, or the actions or conducts of any user with respect to their use and dissemination of such User Content. Unity assumes no responsibility for the deletion or failure to store email messages, profile information, registration information or any other information gathered through your use and access of any Services.


You agree that User Content does not form the basis for a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient, and such communications between you and Unity are not and will not be subject to the standards or requirements of confidentiality or privileged or protected communication associated with such relationships. Furthermore, neither Unity, Subscriber Sites, nor Unity licensors or service providers are responsible for the consequences of any communications in the Public Areas.


Unity reserves the right (but not the obligation) to do any or all of the following in Unity's sole discretion: monitor or review User Content, remove, modify or edit any User Content without notice or liability at any time in its sole discretion; terminate a user's access to any Public Area.


Certain Unity Services may provide Subscriber Sites with the ability to determine the privacy setting for User Content generated from access to the Unity Services. The privacy settings determine whether and who can view the User Content. Unity will abide by privacy settings dictated by the Subscriber, provided however that Unity may release such User Content: (a) as required by order of a government agency or court of competent jurisdiction; (b) to comply with legal process; (c) if necessary to enforce the terms of these Term and Conditions of Use; (d) to respond to a good faith belief or third party claims that such User Content violates the rights or interests of a third party; (e) to protect the rights or property of Unity, other users, or Subscriber Sites. Please carefully review the privacy setting for the Services and Subscriber Sites prior to accessing or providing User Content.


By submitting User Content, or any business information, ideas, concepts or inventions to Unity, you grant Unity and its affiliates a perpetual, transferable, sublicenseable, irrevocable, royalty free, non-exclusive license to distribute (through multiple tiers), create derivative works from, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, reproduce, transmit, broadcast, stream, synchronize with visual material, and otherwise use and permit others to use and perform worldwide the submitted User Content. You also permit any other user to access, display, view, store and reproduce for personal, noncommercial use such User Content that you have made public.


Prohibited Activities.


In consideration of being allowed to use the Services, Unity Services, Content and Software, you agree that any of the following actions shall constitute a material breach of these Terms and Conditions and as such you agree that you will not:


Suspension/Termination of Your Use of the Services.


In the event Unity determines in its sole discretion that you have breached any terms set forth in these Terms and Conditions of Use, or have exhibited behavior that Unity deems in its sole discretion, to be inappropriate for the Services or Unity Services, Unity reserves the right at any time without prior notice to: (a) suspend or terminate your access to (i) any Services (in whole or in part), (ii) your account (in whole or in part), (iii) any accounts associated with the applicable Subscriber Sites (in whole or in part); and (b) (i) delete any data or content contained within a suspended or terminated account, as well as remove and/or delete any content provided by you or your agents, (ii) delete any Content, Services or Software or functionality from the Unity Services, (iii) terminate or suspend any subscription service, or Services; or (iv) notify and send Content and User Content to and cooperate with law enforcement. By suspending or terminating your access to the Services, UnityServices, Subscriber Sites or your account, Unity thereby terminates these Terms and Conditions of Use and all of Unity’s obligations to you hereunder; provided however that those sections of these Terms and Conditions of Use, which provide for continuing obligations on your part (such as payment in the case you are a subscriber to subscription-based Services) shall survive indefinitely.


Dealings with Subscriber Sites.


Your participation, correspondence, business or other dealings with Subscriber Sites, together with the Services, terms, conditions, representations, or warranties associated with such dealings are solely between you and the Subscriber Sites. Unity does not warrant, endorse, guarantee, or assume responsibility for any actions of Subscriber Sites or any content, services advertised or offered by such Subscriber Sites, and Unity is not a party to or in any way be responsible for monitoring any transaction between you and any Subscriber Sites or any third-party providers of Services or services provided on or through the Subscriber Sites, and Unity is not responsible or liable for any loss, damage or other matter of any sort incurred as a result of such dealings.


Disclaimer of warranties.


TO THE FULLEST EXTENT PERMITTED BY LAW, UNITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATED ENTITIES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, UNITY SERVICES, CONTENT, USER CONTENT AND SOFTWARE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Unity makes no warranties or representations about the accuracy or completeness of any of the set of Unity Services, Services, Software, Content, User Content or Subscriber Sites (the set collectively referred to as the “Systems”), and assumes no liability or responsibility for any errors, mistakes, or inaccuracies therein. Liability for personal injury or property damage, of any nature whatsoever, resulting from your use and access to and of the Systems is hereby disclaimed. Unity does not warrant that any action taken in response to or as a result of any information available from, through or within the Systems will be uninterrupted or error free or secure, or that any defects therein will be corrected. Unity does not warrant against any unauthorised access to or use of the Systems and any resulting (i) compromise of personal information, financial information, or posted content stored therein; (ii) interruption or cessation of transmission to or from the Systems; (iii) bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Systems; (iv) errors or omissions in any Content or User Content posted, emailed, transmitted, or otherwise made available via the Systems.


Limitation of Liability.


You agree that in no event will Unity, its officers, directors, employees, affiliated entities, contractors or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from (i) the use or inability to use the Systems; (ii) any information contained within the Systems; (iii) statements or conduct posted or made publically available on the Systems; (iv) privacy or security settings of any public area or social networking functionality; (v) any product or service purchased, obtained or accessed through the Systems regardless of whether from Unity or a Subscriber Site; (vi) any action taken in response to or as a result of any information available on the Systems; (vii) any damage caused by loss of access to, deletion of, failure to store, failure to back up or alteration of any Content or User Content; or (viii) any other matter relating in any way to the Systems whether based on warranty, contract, tort, or any other legal theory, and whether or not Unity is advised of the possibility of such damages. This limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction and shall survive the termination or expiration of these Terms and Conditions and your use of the Systems.


Your sole remedy against Unity for dissatisfaction with the Systems is to cease your use of such. This limitation of relief is a part of the bargain between you and Unity and Unity disclaims liability for any damage resulting from the Systems or the defamatory, illegal or offensive conduct of Subscriber Sites or any third party. In no event shall Unity’s total liability to you for any and all damages, losses and causes of action, whether in contract, or tort (including but not limited to, negligence, statutory or otherwise) exceed the amount (if any) paid by you, for subscribing, accessing or downloading the Systems from which the damages, losses or cause of action arose.




You agree to indemnify, hold harmless and defend each of Unity, its parents, subsidiaries and affiliates, its officers, directors, employees and agents, harmless from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) made by any third party due to or arising out of your use of and access to the Systems, your posting of User Content, your breach of any term of these Terms and Conditions, violation by you or any other subscriber or user of your account of any third party right, including without limitation any copyright, property, or privacy right, or any claim that your User Content caused damage to a third party. These remedies are in addition to any other remedies that Unity may have at law or in equity. This indemnification, hold-harmless and defense obligation will survive in the event these Terms and Conditions are terminated or expire for any reason.


Conflict in Terms.


In the event that any of these Terms and Conditions conflicts with the law under which the Terms and Conditions are to be construed, and should any provision of these Terms and Conditions be determined as legally unenforceable, Unity shall have the election to delete or modify these Terms and Conditions to correct the defect and regardless, the remainder of these Terms and Conditions shall remain valid and enforceable. In the event of a conflict between provisions of these Terms and Conditions, the terms found within any Additional Terms and Conditions or legal notices posted by any Additional Terms and Conditions or legal notices posted by Unity shall first control, followed by these Terms and Conditions. This provision shall survive the termination or expiration of these Terms and Conditions and your use of any of the Systems.


Linked Sites.


To the extent the Systems are linked to any third party sites, these third party sites are not affiliated with Unity, and Unity neither controls nor endorses these linked third party sites and has not reviewed the content, advertising, or services appearing on such linked sites. You acknowledge and agree that Unity shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.




Unity may assign its rights and obligations under these Terms and Conditions and upon such assignment Unity may be relieved of any further obligation hereunder. You may not assign these Terms and Conditions, or any rights and licenses granted pursuant to these Terms and Conditions.


Applicable Law/Jurisdiction.


Unity is based in Eagle, Idaho in the United States of America. Unity makes no claims that the Systems are appropriate for or may be downloaded to areas outside of the United States. If you access the Systems from outside the United States you do so at your own risk and are responsible for the compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the laws of the State of Idaho, USA, without respect to its conflict of laws principals. You expressly agree that the exclusive jurisdiction for any dispute with Unity, or in any way related to the Systems, resides in the courts of the State of Idaho. You expressly consent to the exercise of personal jurisdiction in the courts of the State of Idaho in connection with any such dispute, including Unity, its affiliates, employees, subsidiaries, officers, directors, contractors, technical and content providers.


Digital Millennium Copyright Act.


The Digital Millennium Copyright Act of 1998 (“DMCA”) in relevant part provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright laws. If you believe in good faith that materials provided through the Unity Services infringes upon your copyright, you may submit a notification pursuant to the DCMA requesting the removal of such material or access to it be blocked, by following the instructions provided in 17 U.S.C. Section 512(c)(3) and sending notice to: support@unitymg.com.


Any notice that fails to comply with the requirements of the 17 U.S.C. Section 512(c)(3) as may be amended from time to time shall not be considered sufficient notice and shall not be deemed to confer upon Unity actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly fielded against you, the DMCA permits you to send Unity a counter-notice, which must meet the then current statutory requirements of the DMCA.


Unsolicited Idea Submission Policy.


Please do not send unsolicited ideas to Unity, including byt not limited to ideas for Services, advertising campaigns, promotions, products, product improvements, processes, materials, marketing plans, or product names. Neither Unity nor any of its employees accept or consider unsolicited ideas. This policy is intended to avoid misunderstandings or disputes when Unity's products, Services, or marketing strategies seem similar to unsolicited ideas that were submitted to Unity.


If you still end us your ideas despite our request that you not, then regardless of what your submission states, the following terms shall apply to your submission: (1) you agree that your ideas will automatically become the property of Unity without compensation to you, and (2) you agree that Unity can utilize the submitted ideas in whole or in part, as submitted or modified, for any purpose and in any way, including supplying such ideas to others.


Entire Agreement.


Except as expressly provided for in Additional Terms and Conditions and/or any “legal notices” posted by Unity or a Subscriber Site, these Terms and Conditions and the Unity Consumer Privacy Policy constitute the entire agreement between you and Unity as to the subject matter hereof, and this agreement supersedes all prior agreements and understandings. Any legally unenforceable provisions of these Terms and Conditions, at the election of Unity, may be deleted or modified to correct the defect, and the remainder of the provisions of these Terms and Conditions will remain valid and enforceable.


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