By using the Website and/or the Service, you agree to be bound by certain terms of this Agreement and acknowledge as more fully described below.
Company hereby grants you a limited, non-exclusive, non-assignable, nontransferable license to access and use the Website solely for your own personal, non-commercial purposes.
If you do not comply with the Agreement at any time, Company reserves the right to revoke the aforementioned license(s), limit your access to the Website, or restrict your ability to post or download Content, which may include the ordering of products and Service.
Materials contained in this Website or made available through the Service, are protected by United States and international trademark and copyright laws, are owned or controlled by Company, and must only be used for certain approved purposes as established by Company. You may only view or download material from this Website for your own use or as otherwise expressly authorized by Company.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material available on or through this Website or the Service is strictly prohibited without the prior written consent of Company or unless expressly permitted by this Website or the Service. This includes, without limitation, any application, text, graphics, photographs, audio or video material or stills from audiovisual material available on this Website by Company.
The copying, posting, linking or other use of Content from this Website or the Service on any other website or networked computer environment is similarly prohibited.
Requests for permission to reproduce or distribute materials found on this Website or the Service can be made by contacting Company by email, firstname.lastname@example.org.
You are also strictly prohibited from creating works or materials that derive from or are based on the Content or other materials contained in this Website or the Service. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. You shall not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the Content, trademarks, Service marks, logos, or icons displayed on the Website or Service, which are the property of Company, or its affiliates or licensors, if any, unless otherwise specifically noted in this Agreement.
Trademarks, service marks, logos, and icons owned by third parties are the property of those respective third parties. Company and affiliates do not warrant or represent that your use of the Content will not infringe the rights of third parties.
If you do not comply with the Agreement at any time, Company reserves the right to terminate, limit, or otherwise alter your access to the Website or the Service. We may discontinue or alter any aspect of the Website or the Service, including, but not limited to, (i) restricting the time the Website or the Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating your right to use the Website or the Service, at Company’s sole discretion and without prior notice or liability.
Modification to the Agreement
This Agreement is intended to provide you with the safest and most secure experience possible.Company reserves the right to change, modify, add or remove portions of this Agreement at any time without prior notice.
If you have any questions, or would like further clarification, please e-mail Company at email@example.com.
This Website is operated by UBOARD LLC. All inquiries may be directed to:
11100 Sepulveda Blvd.
Mission hills CA 91345
Consent to Communications
You understand that, should the phone number provided above cease to be a valid means to contact you or if you cease to retain ownership of the phone number, you have an obligation to provide Company notification of same through email at firstname.lastname@example.org. You understand and agree that, if Company sends you a communication but you do not receive it because your primary email address or phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive communications, Company will be deemed to have provided the communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Company to your email address book so that you will be able to receive the communications Company sends to you.
You acknowledge that by clicking on the "I Accept", "Submit", or similar button on Company’s website, you are indicating your intent to sign the relevant document or record and that this shall constitute your signature.
If you wish to opt-out of promotional emails, you can unsubscribe from Company’s promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt out of promotional texts, you may reply to the number from which you received the text and text “STOP” from the mobile device receiving the messages. If you wish to opt out of promotional calls, you can unsubscribe by following the prompt after the call or you may text “STOPCALL” to the number from which you received the call from the device receiving the messages. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Platform or the Service. You acknowledge that opting out of receiving calls and/or texts may impact your use of the Platform or the Service. At Company’s option, Company may treat your provision of an invalid phone number, or the subsequent malfunction of a previously valid phone number as a withdrawal of your consent to receive SMS text messages. Company will not impose any fee to process the withdrawal of your consent to receive SMS text messages. Any withdrawal of your consent to receive SMS text messages will be effective only after Company has a reasonable period of time to process your withdrawal.
You agree to indemnify, defend, and hold Company harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligations which are only binding if you have provided your Express Written Consent, shall survive termination of the Agreement. Company will not be liable for losses or damages arising from any delay in delivery or disclosure of information to third parties by your communication service provider. Company may modify or terminate its text messaging service from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you, any other User or a third party.
Dispute Resolution and Arbitration
YOU AND COMPANY MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This arbitration provision (“Arbitration Provision”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Company ends. ANY ARBITRATION UNDER THIS ARBITRATION PROVISION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Provision applies to all claims between you and Company, including Company’s affiliates, subsidiaries, parents, successors and assigns, and each of Company’s respective officers, directors, employees, agents, or shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND COMPANY. These claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof); the Platform; the Service; any other goods or service made available through the Platform; your relationship with Company; the threatened or actual suspension, deactivation or termination of this Agreement; payments made by you or any payments made or allegedly owed to you; any promotions or offers made by Company; any city, county, state or federal wage-hour law; trade secrets; unfair competition; breaks and rest periods; expense reimbursement; wrongful termination; discrimination; harassment; retaliation; fraud; defamation; emotional distress; breach of any express or implied contract or covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance for employees eligible under the specific benefit plan), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Provision) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND COMPANY ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION PROVISION. This Arbitration Provision is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Provision are expressly excluded from the requirement to arbitrate.
Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND COMPANY MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND COMPANY BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SECTION (b) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST COMPANY, WHICH ARE ADDRESSED SEPARATELY IN SECTION (c).
Permitted User Content Posted on the Website
We welcome your comments regarding the Website and the Service. However, to the maximum extent permitted by applicable law, you acknowledge and agree that all right, title, and interest in any content or information you submit, irrespective of the manner of such submission, to Company will be and remain the exclusive property of Company at no additional fee, charge, cost, or expense to Company. Your submission of any such User Content shall constitute an assignment to Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the User Content. Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction or prior notice and without compensating you in any way. For this reason, do not send Company any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, articles, forms, product ideas, computer code or other original materials. Company hereby retains the unrestricted right to use and to grant third parties the right to use the User Content in any manner and for any purpose in its sole discretion.
You are solely responsible for such User Content you provide to Company or post on the Website or the Service. Company accepts no responsibility whatsoever in connection with, or arising from, such User Content. You agree that Company accepts no liability whatsoever if it decides, in its discretion, to prevent your User Content from being submitted or if it edits, restricts, or removes any User Content for any reason. You also agree to permit any other user of this Website to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Website by any other person.
Company does not endorse and has no control over, User Content. User Content is not necessarily reviewed by Company prior to posting and does not necessarily reflect the opinions or policies of Company. Company makes no warranties, express or implied, as to such User Content or its accuracy and reliability, and assumes no responsibility for actively monitoring the Website for inappropriate User Content. Company reserves the right to prevent you from submitting User Content to the Website, and to edit, restrict, or remove such User Content for any reason at any time. Company may choose, in its sole discretion, to monitor the Website; however, Company assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content and no responsibility for the conduct of any user submitting any User Content.
You should exercise discretion before relying on information contained on the Website, including User Content. You agree to evaluate, and assume all risks associated with the use of any information contained on the Website or Service, including, without limitation, any risk relating to any reliance on the accuracy, completeness or usefulness thereof.
The Website is not a backup Service for storing User Content, and Company has and shall have no liability to you or any third parties regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Website or the Service.
You hereby represent, warrant, and covenant that any materials submitted to the Website by you are your own independent creation, solely and exclusively created by you without assistance from or by any third party, and do not infringe, in whole or in part, on any patent, copyright, trademark, or other intellectual property or proprietary rights of any third party.
As a service to users, Company may provide information about other resources that may be of interest. However, Company is not responsible or liable for any content, advertising, products, or other materials on, or available from, such sites or resources, and the presentation of third-party links or content by Company is not intended to be an endorsement, sponsorship, or recommendation by Company. Please be aware that when you exit the Website, you are subject to the policies of the new website. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or Service available on or through any third-party website or resource.
You shall not (nor cause any third party to) use the Website or the Service to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation:
You agree to abide by all applicable federal, state, or local laws, rules, or regulations, including any governmental agency guidelines, policies, or procedures, and are solely responsible for all acts or omissions taken by you including without limitation any of the User Content created or submitted by you.
Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable. Payments and purchases may not be canceled by the user, except as required by law. However, Company (or its partners) reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion.
Release / Indemnification
You agree to release Company, its members, managers, officers, employees, and agents from any and all liability and obligations whatsoever in connection with or arising from your use of the Website and the Service. If at any time you are not happy with the Website or the Service or object to any material within the Website or the Service, your sole remedy is to cease using them.
Exclusion of Warranties / Disclaimer
To the maximum extent allowed by law, the Website or the Service, and any company content are provided “as is” and “as available,” and at your sole risk. Although Company uses reasonable efforts to ensure that the information contained on the Website and through the Service is as accurate as possible, Company gives no warranty of any kind regarding the Website or the Service, or company content posted or otherwise made available therein. Further, Company does not warrant the accuracy, completeness, currency, or reliability of any company content that the results obtained from the use of the Website or the Service or company content will be accurate or reliable, or that the quality of the Website or the Service or company content will meet your expectations. Company expressly disclaims all warranties, representations, conditions, undertakings, or other obligations including any implied warranties of merchantability, fitness for a particular purpose, non-infringement and any warranty that the Website, the Service or company content will be error-free or that such errors will be corrected.
Any company content or other material downloaded or otherwise obtained through the use of the Website or the Service is done at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such company content or material.
Money back guaranteed applies to you ONLY if:
Limitation of Liability
You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages.
This Agreement may not be assigned by you to any other party without Company’s prior written consent, but is nevertheless binding on your assignees, heirs, and personal representatives.
Term and Termination
Company reserves the right to terminate this Agreement at any time and for any reason upon ten (10) days’ notice to you. Further, you agree that Company shall not be liable to you or any third-party for any termination or suspension of your access to the Website or any part thereof, removal of Content or sale of any products. You may terminate this Agreement at any time by immediately discontinuing all access to the Website and by providing notice to Company of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which Company may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Website and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.
Copyright and Copyright Notices
Company respects the intellectual property of othersand asks its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the following information:
Please contact Company’s copyright agent for notice of claims of copyright infringement at: email@example.com. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
If you believe that the User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the User Content, you may send a counter-notice containing the following information to the copyright agent:
If a counter-notice is received by the copyright agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such User Content, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company’s sole discretion.