Terms of Service
Effective date: April 28, 2020
Welcome to Ureeka, a marketplace platform operated by Ureeka, Inc. (“Ureeka,” “us,” and “we”) designed to enable users who identify as small businesses, entrepreneurs, members, etc. (“Members”) to access tools, mentors (“Mentors”), coaches (“Coaches”), specialist (“Specialist”) services, and vendors and meet other Members to help facilitate the growth or evolution of their business.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES OF UREEKA, ITS AFFILIATES OR AGENTS ON WHICH A LINK TO THESE TERMS OF SERVICE APPEAR (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY UREEKA. THIS AGREEMENT GOVERNS YOUR USE OF THE WEBSITE, OUR MOBILE APPLICATIONS (“APPS”), AND THE SERVICES, INFORMATION AND CONTENT, AVAILABLE OR ENABLED VIA THE WEBSITE OR APP (COLLECTIVELY, WITH THE APPS AND THE WEBSITE, THE “SERVICES”). BY CLICKING ON THE “I ACCEPT”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“YOU” OR “USER” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER DURING REGISTRATION FOR THE SERVICES. UNLESS OTHERWISE SPECIFIED, “YOU” REFERS TO MEMBERS, MENTORS, COACHES AND SPECIALISTS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE, APP OR THE SERVICES.
PLEASE BE AWARE THAT SECTION 14 OF THIS AGREEMENT BELOW CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. For example, if you register as a Member, you must agree to the Member Agreement (www.ureeka.biz/legal/memberterms). If you register as a Coach, you must agree to the Coach Agreement (www.ureeka.biz/legal/coachterms). If you register as a Mentor, you must agree to the Mentor Agreement (www.ureeka.biz/legal/mentorterms). If you register as a Specialist, you must agree to the Specialist Agreement (www.ureeka.biz/legal/specialiststerms). If the Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. All Supplemental Terms are hereby incorporated into this Agreement by reference. This Agreement and any applicable Supplemental Terms are referred to herein as the “Terms.”
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY UREEKA IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Ureeka will make a new copy of the Agreement available at the Website and the App, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or App. We will also update the “Last Updated” date at the top of the Agreement. If we make material changes to the Agreement, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account (as defined in Section 2.1) or another manner through the Services (which may include posting an announcement on our Website). Ureeka may require you to provide consent to the updated Agreement in a specified manner before further use of the Website, App and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you agree to stop using the Website, App and the Services. Otherwise, your continued use of the Website, App or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1. Use of the Services. The Website, App, Services, and the information and content available on the Website, App and the Services (as these terms are defined herein) (collectively, the “Ureeka Properties”) are protected by copyright laws throughout the world. Subject to the Terms, Ureeka grants you a limited license to use the Ureeka Properties solely for your personal use. Unless otherwise specified by Ureeka in a separate license, your right to use any Ureeka Properties is subject to the Terms.
1.1 App License. Subject to your compliance with this Agreement, Ureeka grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Furthermore, with respect to any App accessed through or downloaded from Google Play (a “Google Play Sourced Application”), you may have additional license rights and/or restrictions with respect to use of the App.
1.2 Updates. Ureeka may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services (“Updates”). These Updates may be automatically installed without providing any additional notice or receiving any additional consent. Under this Agreement, you consent to these automatic updates. If you do not wish to use such Updates, your sole remedy is to terminate your Account. If you do not terminate your Account, you will receive Updates automatically. Your continued use of the Ureeka Properties is your agreement to this Agreement with respect to the Ureeka Properties.
1.3 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any Ureeka Properties or any portion of Ureeka Properties, including the Website and App; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Ureeka Properties (including images, text, page layout or form) of Ureeka; (c) you shall not use any metatags or other “hidden text” using Ureeka’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Ureeka Properties; (e) you shall not use any manual or automated software, devices or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you will not access any Ureeka Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of any Ureeka Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Ureeka Properties. Any future release, update or other addition to Ureeka Properties shall be subject to the Terms. Ureeka, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Ureeka Properties terminates the licenses granted by Ureeka pursuant to the Terms.
1.4 Third-Party Materials. As a part of Ureeka Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Ureeka to monitor such materials and that you access these materials at your own risk
1.5 Independent Contractor Relationship. MENTORS, COACHES AND SPECIALISTS (COLLECTIVELY, “CONSULTANTS”) ARE AN INDEPENDENT CONTRACTORS OF UREEKA AND NOT AN EMPLOYEE, PARTNER, REPRESENTATIVE, AGENT, JOINT VENTURER OR FRANCHISEE OF UREEKA. UREEKA IS ONLY A PLATFORM FOR CONNECTING USERS WITH CONSULTANTS, AND UREEKA DOES NOT (1) PROVIDE CONSULTANT SERVICES DIRECTLY TO USERS, OR (2) EMPLOY INDIVIDUALS TO PROVIDE SERVICES. YOU HEREBY ACKNOWLEDGE THAT UREEKA DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A CONSULTANT’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE SERVICES PROVIDED BY CONSULTANTS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. IN ADDITION, CONSULTANTS AGREE THAT THEY ARE AN INDEPENDENT CONTRACTORS AND NOT A PARTNER, JOINT VENTURER, AGENT OR EMPLOYEE OF UREEKA AND YOU WILL NOT BIND NOR ATTEMPT TO BIND UREEKA TO ANY CONTRACT. CONSULTANTS ARE NOT ELIGIBLE TO PARTICIPATE IN ANY OF UREEKA’S EMPLOYEE BENEFIT PLANS, FRINGE BENEFIT PROGRAMS, GROUP INSURANCE ARRANGEMENTS OR SIMILAR PROGRAMS.
1.6 Fees. Certain features of the Services may require payment (the “Fees”). You agree to pay all Fees in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You will be liable for any taxes required to be paid on the Services provided under the Agreement.
2.1 Registering Your Account.
(a) In order to access certain features of Ureeka Properties, you must become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account through the Website, App or Services (“Account”). Ureeka may allow you use a third party service, like Google, to register for an Account.
2.2 Registration Data. In registering an Account through the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; (iii) not a convicted sex offender; and (iv) not a person barred from using Ureeka Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree to monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Ureeka Properties by minors. You may not share your Account or password with anyone, and you agree to (i) notify Ureeka immediately of any unauthorized use of your password or any other breach of security; and (ii) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ureeka has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ureeka has the right to suspend or terminate your Account and refuse any and all current or future use of Ureeka Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. Ureeka reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Ureeka Properties if you have been previously removed by Ureeka, or if you have been previously banned from any of Ureeka Properties. For more specific details on registration, please see the Fan Specific Terms or Talent Specific Terms, as applicable, below.
2.3 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Ureeka Properties. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Ureeka Properties.
3. Responsibility for Content
3.2 No Obligation to Pre-Screen Content. You acknowledge that Ureeka has no obligation to pre-screen Content (including, but not limited to, User Content), although Ureeka reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, video, message, voice or other communications. In the event that Ureeka pre-screens, refuses or removes any Content, you acknowledge that Ureeka will do so for Ureeka’ benefit, not yours. Without limiting the foregoing, Ureeka shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
3.3 Storage. Unless expressly agreed to by Ureeka in writing elsewhere, Ureeka has no obligation to store Your Content that you Make Available on Ureeka Properties. Ureeka has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Ureeka Properties.
4. User Conduct.
4.1 Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Agreement):
(a) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of Ureeka Properties (including your Account), or access to or use of Ureeka Properties;
(b) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in connection with any Ureeka Property;
(c) Use Ureeka Properties or any part thereof for any commercial purpose, including, but not limited to, communicating or facilitating any commercial advertisement or solicitation;
(d) Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise) in connection with Ureeka Properties; or
(e) Market any goods or services for any business purposes on or in connection with any Ureeka Properties.
4.2 General. In connection with your use of Ureeka Properties, you shall not:
(a) Make Available any Content that, in Ureeka’s sole discretion, (i) is unlawful, tortious, defamatory, abusive, profane, vulgar, pornographic, obscene, libelous, or racially, ethnically or otherwise objectionable (including nudity); (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
(b) Harm minors in any way;
(c) Impersonate any person or entity, including, but not limited to, Ureeka personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(e) Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, moral, publicity or other proprietary or contractual rights;
(f) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
(g) Register for more than one Account or register for an Account on behalf of an individual other than yourself;
(h) Stalk or otherwise harass, bully or intimidate any other user of our Ureeka Properties; or
(i) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
5. Investigations. Ureeka may, but is not obligated to, monitor or review Ureeka Properties and Content at any time. Without limiting the foregoing, Ureeka shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although Ureeka does not generally monitor user activity occurring in connection with Ureeka Properties or Content, if Ureeka becomes aware of any possible violations by you of any provision of the Agreement, Ureeka reserves the right to investigate such violations, and Ureeka may, at its sole discretion, immediately terminate your license to use Ureeka Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
6.1 Ureeka Properties. Except with respect to Your Content and User Content, you agree that Ureeka and its suppliers own all rights, title and interest in and to all Ureeka Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or any other Ureeka Properties.
6.2 Trademarks. “Ureeka” and other related graphics, logos, service marks and trade names used on or in connection with Ureeka Properties or in connection with the Services are the trademarks of Ureeka and may not be used without permission. Other trademarks, service marks and trade names that may appear on or in Ureeka Properties are the property of their respective owners.
6.3 Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Ureeka Properties.
6.4 Your Content. Ureeka does not claim ownership of Your Content. However, when you as a user post or publish Your Content on or in Ureeka Properties you represent that you own or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. In addition to any other license granted under this Agreement, you grant Ureeka a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of: (a) operating, improving and providing the Services; (b) advertising, marketing, and promoting our Site, App and Services and (b) compiling statistical and other information related to the performance, operation, and use of the Service. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Ureeka Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that we may display advertising with or in connection with Your Content. You further acknowledge and agree that Ureeka has no obligation to you in connection with any advertising displayed on or in connection with the Ureeka Properties (including no obligation to share any revenue received by Ureeka as a result of any such advertising). You agree that you, not Ureeka, are responsible for all of Your Content that you Make Available on or in Ureeka Properties.
6.5 Exporting Your Content. Ureeka may provide tools through the Service that enable you to export information, including User Content, to third party services. By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
6.6 Account. Notwithstanding anything contained herein to the contrary, you acknowledge and agree that you will have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Ureeka.
6.7 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Ureeka through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Ureeka has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Ureeka a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Ureeka Properties.
6.8 Ratings and Reviews. The Service allows Members to post reviews, ratings and comments about Coaches, Specialists, Mentors, companies and other profiles as may be added from time to time (collectively, “Reviews”), and if you are a Member, you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on the Service are User Content that is not endorsed by Ureeka and do not represent the views of Ureeka. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. Ureeka shall have the right, but not the obligation to monitor or review any Reviews at any time. Ureeka reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that Ureeka is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. Ureeka does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Service, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable Consultant; (ii) you will not provide a rating or review for any Consultant with respect to which you have an employment relationship or other affiliation; (iii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iv) your review will comply with these Terms. If Ureeka determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.
7. Interactions with Other Users. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Ureeka reserves the right, but has no obligation, to intercede in such disputes. You use all User Content and interact with other Users at your own risk. You agree that Ureeka will not be responsible for any liability incurred as the result of such interactions.
8. Third-Party Services.
8.1 Third-Party Websites, Applications & Ads. Ureeka Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Ureeka Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Ureeka. Ureeka is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Ureeka provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party
8.2 App Stores. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that this Agreement is between you and Ureeka and not with the App Store. Ureeka, not the App Store, is solely responsible for Ureeka Properties, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Ureeka Properties, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Ureeka Properties, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.
9. Indemnification. You agree to indemnify and hold Ureeka, its successors, assigns, parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Ureeka Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of the Services or any other Ureeka Properties; (c) your violation of the Terms (including, without limitation, your submission of false or misleading information through the Services); (d) your violation of any rights of another party, including any Users; (e) your interactions with other Users; and (f) your violation of any applicable laws, rules or regulations. Ureeka reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ureeka in asserting any available defenses. This provision does not require you to indemnify any of the Ureeka Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Ureeka Properties.
10. Disclaimer of Warranties and Conditions
10.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF UREEKA PROPERTIES IS AT YOUR SOLE RISK, AND UREEKA PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UREEKA EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
(a) UREEKA MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) UREEKA PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF UREEKA PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF UREEKA PROPERTIES WILL BE ACCURATE OR RELIABLE.
(b) UREEKA MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES.
(c) ANY CONTENT ACCESSED THROUGH UREEKA PROPERTIES, IS AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
10.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT UREEKA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD UREEKA LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. UREEKA MAKES NO WARRANTY THAT THE SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. UREEKA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH UREEKA PROPERTIES.
10.3 No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF UREEKA PROPERTIES. YOU UNDERSTAND THAT UREEKA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF UREEKA PROPERTIES.
11. Limitation of Liability
11.1 Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL UREEKA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT UREEKA HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
11.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL UREEKA BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO UREEKA BY FAN OR RECEIVED BY TALENT DURING THE TWELVE (12)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF UREEKA FOR (A) DEATH OR PERSONAL INJURY CAUSED BY UREEKA’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY UREEKA’S FRAUD OR FRAUDULENT MISREPRESENTATION.
11.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UREEKA AND YOU. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
12.1 Termination. If you want to terminate the Services provided by Ureeka, you may do so by (a) notifying Ureeka at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Ureeka’s address set forth below. We reserve the right to terminate your access to the Ureeka Properties, at any times, for any reason, in our sole discretion.
12.2 Effect of Termination. Termination of the Services includes removal of access to the Services and barring of further use of the Services. Upon termination of the Services, your right to use the Services will automatically and immediately terminate. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases and Ureeka will not have any liability whatsoever to you for any deletion of Your Content. Ureeka will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
13. International Users. Ureeka Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Ureeka intends to announce such Services or Content in your country. Ureeka Properties are controlled and offered by Ureeka from its facilities in the United States of America. Ureeka makes no representations that Ureeka Properties are appropriate or available for use in other locations. Those who access or use Ureeka Properties from other countries do so at their own volition and are responsible for compliance with local law. Ureeka reserves the right to limit the availability of the Website and/or Services to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion.
14. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Ureeka and limits the manner in which you can seek relief from us.
14.1 Applicability of Arbitration Agreement.
(a) You agree that any dispute or claim relating in any way to your access or use of the Website or Services or to any aspect of your relationship with Ureeka, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Ureeka may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
(b) Except as otherwise provided herein, this Arbitration Agreement also applies without limitation to all disputes between Talent and Ureeka’s fiduciaries, administrators, affiliates, subsidiaries, parents, and their respective employees, directors and officers, and all successors and assigns of any of them, including but not limited to any dispute, controversy or claim arising out of relating to this Agreement or Talent’s relationship with Ureeka, including termination of the relationship.
(c) Except as is otherwise provided or required by law, this Arbitration Agreement also applies without limitation, and to the fullest extent permitted by law, to disputes regarding any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment 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 Ureeka and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal and state statutory and common law claims.
(d) This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
14.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 2710 Gateway Oaks Drive, Suite 150 N, Sacramento, CA 95833, Attn: Legal Department. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Ureeka will pay them for you. In addition, Ureeka will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Ureeka will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
14.3 Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Ureeka. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
14.4 Waiver of Jury Trial. YOU AND UREEKA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Ureeka are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
14.5 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 16.6.
14.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 2710 Gateway Oaks Drive, Suite 150 N, Sacramento, CA 95833, Attn: Legal Department within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Ureeka username (if any), the email address you used to set up your Ureeka account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
14.7 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
14.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Ureeka.
14.9 Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Ureeka makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Ureeka.
15. Procedures for Making Claims of Copyright Infringement. It is Ureeka’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Ureeka by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Ureeka Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on Ureeka Properties of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Ureeka’s Copyright Agent for notice of claims of copyright infringement is as follows: 2710 Gateway Oaks Drive, Suite 150 N, Sacramento, CA 95833 Attn: Legal[KA1] .
16. General Provisions.
16.1 Electronic Communications. The communications between you and Ureeka use electronic means, whether you visit Ureeka Properties or send Ureeka e-mails, or whether Ureeka posts notices on Ureeka Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Ureeka in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Ureeka provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
16.2 Release. You hereby release Ureeka Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Ureeka Properties.. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Ureeka Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site, App or any Services provided hereunder.
16.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Ureeka’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
16.4 Force Majeure. Ureeka shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
16.5 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Ureeka Properties, please contact us at: [insert contact info]. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
16.6 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Ureeka agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Sacramento, California.
16.7 Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
16.8 Notice. Where Ureeka requires that you provide an e-mail address, you are responsible for providing Ureeka with your most current e-mail address. In the event that the last e-mail address you provided to Ureeka is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Ureeka’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Ureeka at the following address: 2710 Gateway Oaks Drive, Suite 150 N, Sacramento, CA 95833 Attn: Legal Department. Such notice shall be deemed given when received by Ureeka by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
16.9 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
16.10 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
(a) Accessing and Downloading the Application from iTunes. The following applies to any Apple App Store Sourced Application accessed through or downloaded from the Apple App Store:
(b) You acknowledge and agree that (a) the Agreement is concluded between you and Ureeka only, and not Apple, and (b) Ureeka, not Apple, is solely responsible for the Apple App Store Sourced Application and content thereof. Your use of the Apple App Store Sourced Application must comply with the App Store Terms of Service.
(c) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App Store Sourced Application.
(d) In the event of any failure of the Apple App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App Store Sourced Application. As between Ureeka and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Ureeka.
(e) You and Ureeka acknowledge that, as between Ureeka and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple App Store Sourced Application or your possession and use of the Apple App Store Sourced Application, including, but not limited to: (a) product liability claims; (b) any claim that the Apple App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
(f) You and Ureeka acknowledge that, in the event of any third-party claim that the Apple App Store Sourced Application or your possession and use of that Apple App Store Sourced Application infringes that third party’s intellectual property rights, as between Ureeka and Apple, Ureeka, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
(g) You and Ureeka acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the Apple App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the Apple App Store Sourced Application against you as a third-party beneficiary thereof.
(h) Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the Apple App Store Sourced Application.
16.11 Export Control. You may not use, export, import, or transfer Ureeka Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Ureeka Properties, and any other applicable laws. In particular, but without limitation, Ureeka Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Ureeka Properties, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Ureeka Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Ureeka are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Ureeka products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
16.12 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
16.13 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.