Access to Systems
The systems and applications (collectively "Systems") accessed through this portal are the property of The UPS Store, Inc. ("TUPSS"). The information contained on, and the technology incorporated into, the Systems are proprietary to TUPSS and/or its licensors. The Systems contain confidential and proprietary information, which may be accessed and used solely (i) for business purposes authorized by TUPSS, and only (ii) by authorized (a) TUPSS personnel, (b) area franchisees and area franchisee support staff ("Area Franchisees"), and (c) individual franchise owners and their employees ("Franchisees"), who are assigned usernames by TUPSS and granted access to certain of the systems and/or applications ("Authorized Persons"). Authorized Persons may only use the username assigned to him or her to access the Systems.
By accessing any of the Systems, you acknowledge and agree that you are the person authorized to use the assigned username and that you will be solely responsible for any access to or use of the applicable Systems you are authorized to access and use and Information (as defined below) accessed through your username, whether such use or access is by you or another person, directly or indirectly. You are responsible for keeping your username and password secret and confidential and restricting access to that information. Authorized Persons shall comply with all security policies and procedures established by TUPSS relating to access to and use and protection of the Systems and Information.
Unauthorized access to or use of the Systems or unauthorized use, disclosure or distribution of the Information is prohibited and may subject violators to penalties including, without limitation, with respect to TUPSS personnel, administrative action. Unauthorized access or use of the Systems or unauthorized use of the Information by individual Franchisees and/or their employees, or by Area Franchisees and/or Area Franchisee support staff, is a violation of the applicable center franchise agreement or area franchise agreement.
TUPSS may, but has no obligation, to monitor access to and use of the Systems and access to, use, disclosure and distribution of Information from the Systems and reserves the right to inspect and analyze the Systems, including any Information on the Systems. Users of the Systems should have no expectation of privacy with respect to use of the Systems, Information stored on the Systems or communications initiated on or received through the Systems.
Use of Information
The information accessed by or through use of the Systems ("Information") shall be used by Authorized Persons solely for business purposes authorized by TUPSS. Each Authorized Person acknowledges and agrees that Systems and Information contain confidential information that must be treated in accordance with applicable confidentiality obligations.
Title and other intellectual property rights to the Systems remain with TUPSS (or its applicable affiliate). Nothing in these Terms of Use or any system or application grants you any right to or license to use any patents, copyrights, trade secrets, trademarks (whether registered or unregistered), or any other rights, franchises or licenses owned by or exclusively licensed to TUPSS. Except to the extent required by law or as expressly provided in these Terms of Use, you may not modify, reproduce, publicly display, perform, distribute, sell, resell, import, retransmit, translate, republish, reverse engineer or otherwise use the Systems for any purpose, without the prior written permission of TUPSS.
Disclaimers
TUPSS and its affiliate, parent or subsidiary companies (the "TUPSS Group") do not make and expressly disclaim all express or implied warranties with respect to the Systems, Software and Information. The TUPSS Group specifically disclaims any implied warranty of merchantability, non-infringement or fitness for a particular purpose. The Systems, Information, Software and Images are provided by TUPSS on an "as is" basis. The TUPSS Group shall not be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever arising out of or related to your access to or use of the Systems, Information, Software or Images or your reliance on the Systems, Information, Software or Images. TUPSS reserves the right to disable access to and use of the Systems, Information, Software or Images at any time or to suspend use of any assigned username. TUPSS has no obligation to continue to make any Systems, Information, Software or Images available for use.
Additional Terms
Additional terms, conditions and restrictions may apply to the access and use of certain Systems and features, functionality and services available on those Systems ("Other Terms"). In addition, in order to use certain portions of the Systems, you may be required to open an account or download certain software ("Software"). Your use of an account or any Software is subject to the terms and conditions and license terms that accompany or are provided with the account registration or Software. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of an applicable system or application. Authorized Persons shall ensure that their access to and use of the Systems does not result in any degradation of the security or integrity of the Systems and shall avoid inserting or transmitting any virus, worm or other similar harmful or malicious code to the Systems.
TUPSS may revise these Terms of Use at any time. Any changes we make to these Terms of Use may be provided to you by any reasonable means, including, without limitation, by posting the revised version of these Terms of Use upon access to or use of the Systems. All such changes will be deemed effective upon such notice and will apply to any access to and use of the Systems. Your continued usage of the Systems after any changes will mean that you accept those changes.
Policies
All Area Franchisees, Franchisees and their Authorized Persons are required to follow these Terms of Use. Any violation of these Terms of Use by an Area Franchisee, Franchisee or any of its respective Authorized Persons is a violation of the franchise agreement’s provision that requires compliance with applicable Operating Manual provisions and other policies or releases. These Terms of Use shall in no way limit the obligations of all Area Franchisees and Franchisees and their Authorized Persons to comply with all other policies and applicable terms and conditions, including, without limitation those contained in any applicable:
- Area Franchise Agreement
- Center Franchise Agreement
- Other Internet Related Policies, located in the Center Operations Manual
- Electronic Communications Policy, located in the Center Operations Manual
For users of the Packing Solution application, the following additional terms & conditions also apply:
Access to Systems
The application (collectively "Application") being accessed is the property of The UPS Store, Inc. ("TUPSS") and is proprietary to TUPSS and/or its licensors. The Application contains confidential and proprietary information, which may be accessed and used solely (i) for business purposes authorized by TUPSS, and only (ii) by authorized (a) TUPSS personnel, (b) area franchisees and area franchisee support staff ("Area Franchisees"), and (c) individual franchise owners and their employees ("Franchisees"), who are assigned usernames by TUPSS and granted access to the Application ("Authorized Persons"). Authorized Persons may only use the username assigned to him or her to access the Application. The Application also contains images, dimensions and other characteristics of items obtained from publicly available sources ("Images"). The appearance of such Images is not an indication of any association, sponsorship, endorsement, or affiliation of the Images’ owner with the Application, Information or with TUPSS, its affiliates, or any The UPS Store® location.
By accessing the Application, you acknowledge and agree that you are the person authorized to use the assigned username and that you will be solely responsible for any access to or use of the Application and Information. You are responsible for keeping your username and password secret and confidential and restricting access to that information. Authorized Persons shall comply with all security policies and procedures established by TUPSS relating to access to and use and protection of the Application and Information.
Unauthorized access to or use of the Application or unauthorized use, disclosure or distribution of the Information is prohibited and may subject violators to penalties including, without limitation, with respect to TUPSS personnel, administrative action. Unauthorized access or use of the Application or unauthorized use of the Information by individual Franchisees and/or their employees, or by Area Franchisees and/or Area Franchisee support staff, is a violation of the applicable center franchise agreement or area franchise agreement.
TUPSS may, but has no obligation, to monitor access to and use of the Application and access to, use, disclosure and distribution of Information from the Application and reserves the right to inspect and analyze the Application, including any Information on the Application. Users of the Application should have no expectation of privacy with respect to use of the Application, Information stored on the Application or other storage media or devices or communications initiated on, received through the Application, or otherwise related to the Application or the Information.
Use of Information
The information accessed by or through use of the Application ("Information") shall be used by Authorized Persons solely for business purposes authorized by TUPSS. The term "Information" includes all feedback, improvements, enhancements and other information provided by Authorized Persons in connection with the Application. Each Authorized Person acknowledges and agrees that the Application and Information contain confidential and proprietary information that must be treated in accordance with applicable confidentiality obligations. Title and other intellectual property rights to the Application and Information remain with TUPSS (or its applicable affiliate). The Images remain the property of their respective owners, provided, however, that all ideas, concepts, techniques, images, upgrades, improvements, modifications, adaptations, extensions, and materials relating to Application, whether or not protectable intellectual property and whether created by or for an Authorized Person, must be promptly disclosed to TUPSS and will, to the extent such do not violate the intellectual property rights of another, be deemed to be TUPSS’ and its Affiliates’ sole and exclusive property, part of the Application and works made-for-hire for TUPSS and its Affiliates. To the extent any Improvement does not qualify as a "work made-for-hire," Authorized User assigns ownership of and all related rights to that Improvement to TUPSS and its Affiliates and agrees to take whatever action (including signing assignment or other documents) TUPSS requests to evidence TUPSS’s and its Affiliates’ ownership or to help TUPSS and its Affiliates obtain intellectual property rights in the Improvement.
Nothing in these Terms of Use or any system or application grants you any right to or license to use any patents, copyrights, trade secrets, trademarks (whether registered or unregistered), or any other rights, franchises or licenses owned by or exclusively licensed to TUPSS. Except to the extent required by law or as expressly provided in these Terms of Use, you may not modify, reproduce, publicly display, perform, distribute, sell, resell, import, retransmit, translate, republish, reverse engineer or otherwise use the Application or the Information for any purpose, without the prior written permission of TUPSS.
Disclaimers
TUPSS and its affiliate, parent or subsidiary companies (the "TUPSS Group") do not make and expressly disclaim all express or implied warranties with respect to the Application, Software Information, and Images. The TUPSS Group specifically disclaims any implied warranty of merchantability, non-infringement or fitness for a particular purpose. The Systems, Information, Software and Images are provided by TUPSS on an "as is" basis. The TUPSS Group shall not be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever arising out of or related to your access to or use of the Systems, Information, Software, or Images or your reliance on the Systems, Information, Software or Images. TUPSS reserves the right to disable access to and use of the Systems, Information, Software or Images at any time or to suspend use of any assigned username. TUPSS has no obligation to continue to make any Systems, Information, Software or Images available for use.
Additional Terms
Additional terms, conditions and restrictions may apply to the access and use of the Application and features, functionality and services available on the Application ("Other Terms"). In addition, in order to use certain portions of the Application, you may be required to open an account or download certain software ("Software"). Your use of an account or any Software is subject to the terms and conditions and license terms that accompany or are provided with the account registration or Software. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of an applicable system or application. Authorized Persons shall ensure that their access to and use of the Application does not result in any degradation of the security or integrity of the Application and shall avoid inserting or transmitting any virus, worm or other similar harmful or malicious code to the Application.
TUPSS may revise these Terms of Use at any time. Any changes we make to these Terms of Use may be provided to you by any reasonable means, including, without limitation, by posting the revised version of these Terms of Use upon access to or use of the Application. All such changes will be deemed effective upon such notice and will apply to any access to and use of the Application. Your continued usage of the Application after any changes will mean that you accept those changes.
Policies
All Area Franchisees, Franchisees and their Authorized Persons are required to follow these Terms of Use. Any violation of these Terms of Use by an Area Franchisee, Franchisee or any of its respective Authorized Persons is a violation of the franchise agreement’s provision that requires compliance with applicable Operating Manual provisions and other policies or releases. These Terms of Use shall in no way limit the obligations of all Area Franchisees and Franchisees and their Authorized Persons to comply with all other policies and applicable terms and conditions, including, without limitation those contained in any applicable:
- Area Franchise Agreement
- Center Franchise Agreement
- Other Internet Related Policies, located in the Center Operations Manual
- Electronic Communications Policy, located in the Center Operations Manual