Effective September 20, 2021
Certain services available through our Sites, especially services for which you subscribe, may have their own terms and conditions and agreements. These Terms do not in any way alter the other terms or conditions or agreements that you may have with us. To the extent that there is any conflict between these Terms and any other terms and conditions or agreements you may have with us, the other terms and conditions or agreements will govern.
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years old but under the age of 18 may only use our Sites with the consent of a parent or legal guardian. You further agree that you are able and competent to enter into the Terms. If you cannot meet these conditions, you should exit our Sites.
CHANGES TO THE TERMS OR SITES
We may change the Terms without notice other than posting the new Terms on our Sites. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Sites after any changes constitutes your consent to the changes.
We reserve the right to change or discontinue the Sites or any portion of the Sites at any time and without notice. You agree that we will not be liable for any modification, suspension, or discontinuation of the Sites or any portion of the Sites.
If any portion of our Sites requires you to register or open an account, you may be asked to choose a password. Please choose a strong password (a password that contains a combination of uppercase letters, lowercase letters, numbers and symbols) that is difficult to guess, and change it frequently. You are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur under your account. You agree to immediately notify us if there is any unauthorized use of your account or any other security breach.
Whenever you provide us with information on our Site, you agree to provided true and complete information and to promptly update your information to keep it true and complete. If you provide us any information that we suspect is untrue or incomplete, we may without notice suspend, limit, or terminate your access to our Sites.
Without limiting any rights which we might otherwise have, we reserve the right to take any and all action to ensure the security of the Sites and your account, including suspending or terminating your account, changing your password, or requesting additional information from you to continue your ability to access and use our Sites. That said, you agree that we may rely on the authority of anyone using your password to access your account, and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of any: (1) action or inaction by us under this provision; (2) compromise to the confidentiality of your password or account; and (3) unauthorized access to your account or use of your password.
The security of your information is important to us. While there is no such thing as perfect security on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of a Site is invulnerable to all security breaches, and we make no warranty, guarantee, or representation that use of our Sites is protected from viruses, security threats, or other vulnerabilities.
You understand that you are not entitled to use anyone else’s account without the permission of the account holder.
Please view our Privacy Statement, which explains our practices relating to the collection and use of your information through or in connection with our Sites. Our use of your information is governed at all times by this Privacy Statement, which is incorporated by reference into these Terms. You understand that through your use of these Sites you consent to the collection and use of your information as set forth in the Privacy Statement.
COPYRIGHT AND AUTHORIZATION
The Sites provide you access to a wide variety of information (including text, graphics, photographs, and audio), services, and products (“Content”). Some of the Content is owned by us. Other Content is owned by other companies such as suppliers, vendors, and licensors. You are authorized to use these Sites only for personal, informational, and non-commercial purposes.
Some portions of the Sites may require you to download software (“Software”) to access the Site, the services provided through the Site, or the Content. The Content and Software are protected by a variety of laws. Subject to the rules and limitations set forth in the Terms, you are granted a revocable, limited, non-transferable right to access the Sites, the Content, and the Software for your personal non-commercial use only. You may not make any copies of the Software or transfer the Software to any third party. Notwithstanding the foregoing, no Software or underlying information or technology may be downloaded or otherwise exported or re-exported: (1) into any U.S. embargoed countries; or (2) to a person or entity identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports. By downloading or using the Software or underlying information or technology, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), 17 U.S.C. § 512(b)-(d), all claims alleging copyright infringement for material that is on our Sites should be promptly sent in the form of a written notice to our designated agent:
General Counsel at Ubiety Technologies, Inc.
625 W. Adams Street
Chicago, Illinois 60661
TRADEMARKS AND SERVICE MARKS
Trademarks that are used or displayed on the Sites are owned by Ubiety Technologies, Inc. Our trademarks may not be copied or used, in whole, part, or modified form, without our prior written permission. In addition, our custom graphics, logos, scripts, and page headers are covered by trademark, trade dress, copyright or other laws, and may not be copied, imitated, or used, in whole, partial, or modified form, without our prior written permission. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use any meta tags or any other “hidden text” utilizing a Ubiety Technologies, Inc. name, trademark, or product name without our express written consent.
THIRD-PARTY PRODUCTS AND SERVICES
The Sites may contain links to other websites that are not operated by us. These links are provided for your convenience, and do not imply affiliation or endorsement by us of those websites or their contents. Access to any other websites linked to the Sites is at your own risk. When leaving the Sites, you should carefully review the applicable terms and privacy practices of that other website.
PRODUCT AND SERVICE INFORMATION
We do not warrant that product and service descriptions or other Content is accurate, complete, reliable, updated, or error-free. In the event we determine that a product or service contains an inaccurate price or description, we reserve the right to take any action that we deem reasonable to rectify the error, including, for example, canceling an order, unless prohibited by law. We may make improvements or changes to any of the Content on the Sites at any time without notice. You agree to notify us immediately if you become aware of any pricing or descriptive errors or inconsistencies on the Sites.
In order to protect us and our customers from fraudulent activity, we may implement reasonable procedures regarding online orders including validating information provided, limiting the amount of equipment and services that may be ordered online, or cancelling online orders.
Our Sites may have message boards, forums, member profiles, job folders, or other features that allow users to post Content that will be accessible to others. With respect to any Content you elect to post to such areas of our Sites, you grant us a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and to incorporate it in other works and to exercise the same rights with respect to such works. You also permit any user of our Sites to access, display, view, store, distribute, perform, reproduce and prepare derivative works of such Content. No compensation will be paid with respect to the posting or use of your Content. We are under no obligation to post or use any Content you may provide, and we may remove your Content at any time in our sole discretion. You agree that we are not under any obligation of confidentiality, express or implied, with respect to your Content. You represent and warrant that you own or otherwise control all necessary rights to the Content that you post, that such Content is accurate, that use of the Content you supply does not violate these Terms, and that you will indemnify us for all claims resulting from the Content you supply.
We do not generally pre-screen or control Content posted by users of our Sites, and therefore, do not guarantee the accuracy or integrity of such Content. We shall have the right (but not the obligation) to monitor, refuse, or remove any Content from our Sites for any reason. We take no responsibility and assume no liability for any Content uploaded, transmitted, or downloaded, or for any mistakes, defamation, slander, liable, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Any opinions, advice, or recommendations expressed are those of the users providing such Content and not our own. We do not endorse any user-submitted Content.
SUBMISSIONS TO US
You agree not to submit to us ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (“Submitted Material”) through the Sites. In the event you do so, you hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to us the right, at our sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that we are not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in the Submitted Material and that the submission of any Submitted Material to us, including the posting of materials to any forum or interactive area on the Sites, irrevocably waives any and all “moral rights” in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate, and that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.
You agree to use our Sites and the Content (whether provided by us or others), as well as any Software provided in connection with the Sites, in a manner consistent with applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Sites, related Software, or Content, nor will you use our Sites or related Software to upload, transmit, link, solicit or otherwise make available any Content or use our Sites in any manner that:
- Is unlawful, harmful to minors, threatening, harassing, hateful, abusive, defamatory, deceptive, gratuitously violent, obscene, pornographic, lewd, libelous, or invasive of another’s privacy;
- Advocates or solicits violence, or the violation of any local, state, national, or international law;
- Infringes someone’s intellectual property or other rights;
- Removes any proprietary notices or labels on the Content;
- Contains any offer for unsolicited goods or services or any advertising or promotional materials, junk or bulk email (SPAM), or chain letters;
- Contains a charity request, petitions for signatures, or letters relating to pyramid schemes;
- Interferes with or disrupts others using the Sites;
- Contains software viruses, worms, time bombs, corrupted files, Trojan horses, or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
- Uses any robot, spider, or other such device to obtain information from the Sites or otherwise monitor or copy any portion of the Sites, products or services;
- Creates a false identity for the purpose of misleading others;
- Uses a Ubiety Technologies or HomeAware domain name as pseudonymous return email address;
- Attempts to disable, bypass, modify, or defeat any of the digital rights management or other security-related tools incorporated into the software or any Content of the Sites;
- Reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes any portion of the Sites or Content;
- Uses frames or framing techniques to enclose any portion of the Sites; and/or
- Modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our Sites or that is available through the Sites.
Violating the security of our Sites is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Sites or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network, including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
We provide these Sites for use only by persons located within the United States. We make no representation that all products or services on the Sites are appropriate or available for use in locations outside the United States or all territories within the United States. Those who choose to access our Sites or use our products or services are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF OUR SITES AND ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, SOFTWARE OR SITE-RELATED PRODUCT OR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UBIETY TECHNOLOGIES, INC. AND ITS SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- UBIETY TECHNOLOGIES, INC. AND ITS SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES MAKE NO WARRRANTY THAT (A) OUR SITES WILL MEET YOUR REQUIREMENTS; (B) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (C) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE, COMPLETE OR RELIABLE; (E) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS; AND (F) ANY ERRORS IN OUR SITES OR SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED, UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITES OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITES OR SOFTWARE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UBIETY TECHNOLOGIES, INC. OR THROUGH OR FROM OUR SITES SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR SITES SHOULD NOT BE RELIED UPON FOR SIGNIFICANT DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
We reserve the right (but are under no obligation) to enforce these Terms, including without limitation by: (1) issuing warnings, suspensions, or termination of access to the Sites, Software, and/or products or services; (2) removing, screening, or editing Content; and/or (3) engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.
We may access, use, and disclose transaction information and any Content provided by you to comply with the law or based on our reasonable judgment that disclosure is necessary.
LIMITATION OF LIABILITY
IN NO EVENT SHALL UBIETY TECHNOLOGIES, INC., ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES; (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES; (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES; OR (6) ANY OTHER MATTER RELATING TO OUR SITES, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF UBIETY TECHNOLOGIES, INC. UNDER SUCH CIRCUMSTANCES FOR LIABILITY THAT WOULD OTHERWISE HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
To the extent permitted under applicable law, you agree to indemnify, defend and hold harmless Ubiety Technologies, Inc. and its service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third party due to or arising out of Submitted Material or any other content you submit, post, or upload to or transmit through our Sites, your use of our Sites, your connection to our Sites, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with us or your use of our Sites. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that we may immediately terminate or suspend your account and access to all or any part of the Sites or change your password without notice. You agree that all terminations and suspensions shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, or access to the Sites.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed in accordance with the laws of the State of Illinois. You agree that any legal action or proceeding between us and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Illinois. Neither the course of conduct or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of us. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our Sites within one year after it arises.