Terms of Service

Effective date: August 1, 2019

Welcome, and thank you for your interest in Ureeka, Inc. (“Ureeka,” “we,” or “us”) and our website at www.ureeka.biz, along with our related websites, networks, applications, and other services that we provide (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Ureeka regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT” (OR ANY SIMILAR INDICIA OF ACCEPTANCE), OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT (1) YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING UREEKA’S PRIVACY POLICY (TOGETHER, THE “TERMS”), (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH UREEKA, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT USE THE SERVICE.

  1. Agreement Overview. As provided in greater detail in these Terms (and without limiting the express language of the Terms below), these Terms include the following provisions:
      • Arbitration. Any dispute arising under these Terms will be resolved by binding arbitration, and BY ACCEPTING THESE TERMS, YOU AND UREEKA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court or as otherwise set forth in Section 17). A NEUTRAL ARBITRATOR will determine your rights – NOT a judge or jury (as set forth in Section 17).
      • License. The Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms (as set forth in Section 6).
      • Privacy. You consent to the collection and use of certain of your personally identifiable information in accordance with Ureeka’s Privacy Policy (www.ureeka.biz/legal/privacypolicy).
      • No Warranty. The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind and Ureeka’s liability to you is limited (as set forth in Sections 15 and 16).
  1. Ureeka Service Overview. Ureeka provides a Service that enables a community and marketplace of 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.
  2. Additional Terms. Your use of the Service may be subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service or otherwise provide to you (the “Additional Terms”). 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). All Additional Terms are incorporated by this reference into, and made a part of, these Terms. If there is a conflict between any Additional Terms and these Terms, the Additional Terms will govern solely to the extent of the conflict.
  3. Independent Contractor Relationship; No Legal or Other Advice. You acknowledge that Mentors, Coaches and Specialists (individually and collectively hereafter known as “Consultants”) are independent contractors and not employees of Ureeka.
  4. Accounts and Registration. To access most features of the Service, you must register for an account. A “User” is a user who has registered an account on the Service (“Account”). When you register for an Account, you may be required to provide us with some information about yourself such as your name, email address, or other contact information. You must provide any information required by Ureeka in order to verify your identity and credentials or as otherwise set forth in the applicable Additional Terms (defined below). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your Account and password, and you accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you must immediately notify us at Support@ureeka.biz. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. 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 the Service if Ureeka has previously removed you or banned you from the Service.
  5. Licenses.
    1. Limited License. Subject to your complete and ongoing compliance with all the Terms, Ureeka grants you permission to access and use the Service for the purpose of, if you are a Member, connecting with a Consultant, and if you are a Consultant, connecting with a Member.
    2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you will not: (i) license, sell, rent, lease, transfer, assign, reproduce, distribute, publicly display, or publicly perform the Service, (ii) make modifications to the Service, (iii) interfere or circumvent any feature of the Service, (iv) 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 Service (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Service 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); (v) access the Service in order to build a similar or competitive website, application or service; (vi) remove or destroy any copyright notices or other proprietary markings contained on or in Service; or (vii) attempt to, or encourage anyone else to, do any of the foregoing. If you are prohibited under applicable law from using the Service, you may not use it.
    3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you grant Ureeka an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
  6. Ownership; Proprietary Rights. Ureeka owns and operates the Service. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) that Ureeka provides are protected by intellectual property and other laws. All Materials included in the Service are the property of Ureeka or our third-party licensors. Except as expressly authorized by Ureeka, you may not make use of the Materials. For clarity, Users may use curriculum provided by Ureeka as authorized by Ureeka. Ureeka reserves all rights to the Materials not granted expressly in these Terms. Without limiting the foregoing, the domain name and other names for the Service, all page headers, graphics, and button icons are service marks, trademarks (whether registered or unregistered), logos, and/or trade dress of Ureeka (collectively, “Ureeka Marks”). You may not use any of the Ureeka Marks without Ureeka’s prior written consent; except that Members and Consultants have a revocable and non-transferable license to the Ureeka Marks for the sole purpose of identifying and promoting themselves as users of, or providers for, the Service, subject to the Additional Agreements.
    1. Third-Party Terms. 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.
  7. User Content.
    1. User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, request for proposals (RFPs), creative briefs, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
    2. Limited License Grant to Ureeka. By posting, publishing, or otherwise providing User Content, you grant Ureeka a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in connection with providing the Service to you.
    3. Limited License Grant to Other Users. By posting User Content or sharing User Content with other users of the Service, you grant other users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
    4. User Content Representations and Warranties. We expressly disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you represent and warrant that:
      1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Ureeka and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Ureeka, the Service, and these Terms; and
      2. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Ureeka to violate any law or regulation.
    5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Ureeka may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Ureeka with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Ureeka does not permit copyright-infringing activities on the Service.
    6. Monitoring Content. Ureeka does not control and does not have any obligation to monitor: (i) submitted content; (ii) any content made available by third parties; (iii) any information, data, work product, or advice provided by Consultants or Members; or (iv) the use of the Service by its users. You acknowledge and agree that Ureeka reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time, Ureeka chooses, in its sole discretion, to monitor the content, Ureeka nonetheless assumes no responsibility or liability for the content or any loss or damage of any kind incurred as a result of the use of such content. During monitoring, information may be examined, recorded, copied and used in accordance with our Privacy Policy.
    7. Ratings and Reviews. The Service allows Members to post reviews, ratings and comments about Coaches, Specialists, Companies, Mentors 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 Coach; (ii) you will not provide a rating or review for any Coach 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.
  8. Additional Prohibited Conduct. By using the Service, you also agree not to: (a) use the Service for any illegal purpose or in violation of any law, (b) violate or encourage others to violate any third party’s rights, (c) perform any fraudulent activities, or (d) interfere with the operation of the Service or any user’s enjoyment of the Service, including by (i) uploading or otherwise disseminating any virus or other malicious code, (ii) collecting personal information about other Users without consent, (iii) making unsolicited offers or advertisements to other Users, or (iv) interfering with any network or equipment connected to or used to provide the Service.
  9. Digital Millennium Copyright Act. 
  10. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

Ureeka, Inc.

ATTN: Legal Department (Copyright Notification)

2710 Gateway Oaks Drive, Suite 150 N

Sacramento, CA 95833

Email: legal@Ureeka.biz

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply with elements of notification as described in 17 U.S.C. §512.

    1. Repeat Infringers. Ureeka will promptly terminate the Accounts of Users that are determined by Ureeka to be repeat infringers.

 

  1. Payment. Some features and functionalities of the Service are subject to fees (such as the services of Coaches for Members), as set forth in the applicable Additional Terms.  
  2. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms regularly for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  3. Term, Termination and Modification of the Service.
    1. Term. These Terms are effective beginning when you accept the Terms or access or use the Service, and ending when terminated as set for in Section 13.2.
    2. Termination. If you violate any provision of these Terms, your Account and these Terms automatically terminate. In addition, Ureeka may, at its sole discretion, terminate these Terms, your Account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. You may terminate your Account and these Terms at any time by emailing “cancelsubscription@ureeka.biz”.
    3. Effect of Termination. Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Service; (ii) you will no longer have access to your Account; and (iii) upon termination of these Terms, Sections 4 (Independent Contractor Relationship; No Legal or Other Advice), 6.3 (Feedback), 7 (Ownership; Proprietary Rights), 8.2 (Limited Licensed Grant to Ureeka), 8.3 (Limited License Grant to Other Users), 11 (Payment), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties), 16 (Limitation of Liability), 17 (Dispute Resolution) and 18 (General Terms) will survive.
    4. Modification of the Service. Ureeka reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
  4. Indemnity. You are responsible for your use of the Service, and, to the fullest extent permitted by law, you will defend and indemnify Ureeka and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Ureeka Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs (“Claims”) brought by a third party (which includes any other User) arising out of or connected with: (i) your use of, or misuse of, the Service not in compliance with these Terms; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those Claims.
  5. Disclaimers; No Warranties. 

TO THE FULLEST EXTENT PERMITTED BY LAW, (A) THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS; (B) UREEKA DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED), RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (C) UREEKA DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF OR THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR UREEKA ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE CREATES ANY WARRANTY REGARDING ANY OF THE UREEKA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU AGREE THAT YOU USE THE SERVICE, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE MATERIALS OR CONTENT.

    1. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE UREEKA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY UREEKA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS MAY BE PROVIDED IN THE ARBITRATION AGREEMENT BELOW, TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE UREEKA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100 UNLESS YOU ARE AN MEMBER, SPECIALIST OR A COACH, IN WHICH CASE, SUCH AGGREGATE LIABILITY IS LIMITED TO THE GREATER OF (A) $100 OR (B) THE FEES YOU PAID TO UREEKA (IF YOU ARE A MEMBER) OR YOU RECEIVED FROM UREEKA (IF YOU ARE A COACH OR SPECIALIST), IN EACH CASE, UNDER THIS AGREEMENT OR ANY ADDITOINAL TERMS IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    1. 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.
      1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Ureeka, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify, and (ii) 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). This Arbitration Agreement will 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.
      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 our registered agent at 2710 Gateway Oaks Drive, Suite 150N; Sacramento, CA 95833. 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, will 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 will 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.

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.

    1. Authority of Arbitrator. The arbitrator will have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) 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 will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will 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 Terms (including the Arbitration Agreement). The arbitrator will 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.
    2. 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 will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.1 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.
    3. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE 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. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims will be arbitrated.
    4. 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: legal@ureeka.biz, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your 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.
    5. Severability. Except as provided in Section 17.5, 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 will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
    6. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Ureeka.
    7. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Ureeka makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing Ureeka at the following address:  legal@ureeka.biz.

 

  1. General Terms. These Terms, together with the Privacy Policy, Additional Terms (defined below) and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Ureeka regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
    1. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Ureeka submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California, for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
    2. Privacy Policy. Please read the Ureeka Privacy Policy (www.ureeka.biz/legal/privacypolicy) carefully for information relating to our collection, use, storage, disclosure of your personal information. The Ureeka Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
    3. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
    4. Contact Information. The Service is offered by Ureeka, Inc., located at: Ureeka, Inc., 329 Primrose Rd. #117584   Burlingame, CA 94011. You may contact us by sending correspondence to that address or by emailing us at support@ureeka.biz. You can access a copy of these Terms by clicking here: www.ureeka.biz/legal/tos.
    5. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
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