State of California Rev. 133A18A
TERMS OF USE
UNITED SPIRITUALITY
UNITED SPIRITUALITY
Version Date: June 01. 2017
TERMS OF USE AGREEMENT
This Terms of Use Agreement (-Agreement-)
constitutes a legally binding agreement made between you, whether personally or on behalf of
an entity ('user" or you") and United Spirituality and its affiliated
companies
(collectively, -Company" or -we" or -us"
or -our"), concerning your access to and use of the www.unitedspirituality.org website as well as any other
media form. media channel. mobile website or mobile application related or connected thereto (collectively. the
-Website"). The Website provides the following service: Events. donation based services. products, third
party services and products. (-Company
Services"). Supplemental terms and conditions or documents that may be
posted on the Website from time to time. are hereby expressly incorporated
into this Agreement by reference.
Company makes
no representation that the Website is appropriate or available in other
locations other than where it is operated by Company. The information provided
on the Website is not intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would
be contrary to law or regulation or which would subject Company to any
registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Website from other locations do so on
their own initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are
applicable.
All users who
are minors in the jurisdiction in which they reside (generally under the age of
18) must have the permission of. and be directly supervised by. their parent or
guardian to use the Website. If you are a minor. you must have your parent or guardian read and agree to
this Agreement prior to you using the Website.
Persons under the age of 13 are not permitted to register for the Website or
use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND
BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF
APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS
AGREEMENT, OR TO MODIFICATIONS THAT COMPANY
MAY MAKE TO THIS AGREEMENT IN THE FUTURE. DO NOT
USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.
PURCHASES; PAYMENT
Company bills you through an online billing account for
purchases of products and/or services. You agree to pay Company all charges at
the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize
Company to charge your chosen payment provider for any such purchases. You agree to make payment
using that selected payment method. If you have ordered a product or
service that is subject to recurring charges then you consent to our charging
your payment method on a recurring basis. without requiring your prior approval
from you for each recurring charge until
such time as you cancel the applicable product or service. Company reserves the
right to correct any errors or
mistakes in pricing that it makes even if it has already requested or received
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payment. Sales tax will be added to
the sales price of purchases as deemed required by Company. Company may change prices at any
time. All payments shall be in U.S. dollars.
REFUND POLICY
All sales are final and no refunds shall be issued.
USER
REPRESENTATIONS
Regarding Your Registration
By using the
Company Services, you represent and warrant that:
A. all registration information you submit is
truthful and accurate:
B. you will maintain the accuracy of such
information:
C.
you will keep
your password confidential and will be responsible for all use of your password
and account:
D.
you are not a
minor in the jurisdiction in which you reside. or if a minor, you have received
parental permission to use this Website: and
E. your use of the Company Services does not
violate any applicable law or regulation.
You also agree to: (a) provide true. accurate. current and complete
information about yourself as prompted by the Website's
registration form and (b) maintain and promptly update registration data to keep it true. accurate. current and complete. If
you provide any information that is untrue. inaccurate. not current or incomplete. or Company has reasonable
grounds to suspect that such information is untrue. inaccurate. not current or incomplete. Company
has the right to suspend or terminate your account and refuse any and
all current or future use of the Website (or any portion thereof).
We reserve the right to remove or
reclaim or change a user name you select if we determine appropriate in our discretion. such as when
the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does
not closely relate to a user's actual name.
Regarding Content You
Provide
The Website may invite you to chat
or participate in blogs. message boards, online forums and other functionality and may provide you with the
opportunity to create. submit, post. display, transmit. perform, publish. distribute or broadcast content and
materials to Company and/or to or via the Website. including. without limitation. text, writings, video. audio.
photographs. graphics. comments. suggestions or personally identifiable
information or other material (collectively "Contributions"). Any
Contributions you transmit to Company will be treated as non-confidential and
non-proprietary. When you create or make available a Contribution, you thereby
represent and warrant that:
A. the
creation, distribution, transmission. public display and performance.
accessing. downloading
and copying of your Contribution does not and will not infringe the proprietary
rights. including but not limited
to the copyright. patent, trademark. trade secret or moral rights of any third
party:
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B.
you are the creator and owner of or have the
necessary licenses, rights. consents. releases and permissions to use and to authorize Company and the Website users to
use your Contributions as necessary to exercise the licenses granted by
you under this Agreement:
C.
you have the written consent. release. and/or permission of each and
every identifiable individual
person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion
and use of the Contribution in the manner contemplated by this Website:
D.
your Contribution is not obscene. lewd, lascivious, filthy, violent.
harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does
not ridicule. mock, disparage. intimidate or abuse anyone. does not advocate the violent
overthrow of any government.
does not incite. encourage or threaten physical harm against another, does not violate any applicable law, regulation.
or rule. and does not violate the privacy or publicity rights of any third party;
E.
your Contribution does not contain material that solicits personal
information from anyone under 18 or
exploit people under the age of 18 in a sexual or violent manner. and does not violate any federal or state law concerning child
pornography or otherwise intended to protect the health or well-being of
minors:
F.
your Contribution does not include any offensive comments that are
connected to race, national origin. gender. sexual preference or physical handicap:
G.
your
Contribution does not otherwise violate, or link to material that violates any
provision of this Agreement or any
applicable law or regulation.
CONTRIBUTION
LICENSE
By posting Contributions to any
part of the Website. or making them accessible to the Website by linking your account to any of your social network
accounts. you automatically grant. and you represent and warrant that you have the right to grant, to
Company an unrestricted, unconditional. unlimited. irrevocable. perpetual. non-exclusive, transferable.
royalty-free, fully-paid. worldwide right and license to host. use. copy.
reproduce, disclose. sell. resell. publish. broadcast. retitle. archive. store.
cache. publicly perform. publicly display,
reformat. translate. transmit. excerpt (in whole or in part) and distribute
such Contributions (including.
without limitation. your image and voice) for any purpose. commercial. advertising. or otherwise. to prepare derivative
works of, or incorporate into other works. such Contributions. and to grant and authorize sublicenses of the foregoing.
The use and distribution may occur in
any media formats and through any media channels. Such use and distribution
license will apply to any form.
media, or technology now known or hereafter developed. and includes our use of
your name. company name, and franchise
name. as applicable. and any of the trademarks. service marks. trade names and logos, personal and commercial images you
provide. Company does not assert any ownership
over your Contributions: rather. as between us and you, subject to the rights
granted to us in this Agreement. you
retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions.
Company has
the right in our sole and absolute discretion, to (i) edit. redact or otherwise
change any Contributions. (ii) re-categorize any Contributions to place them in
more appropriate locations or (iii) pre screen or delete any Contributions that are
determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions
to the Website, you hereby authorize Company to grant to each end user
a personal. limited. non-transferable. perpetual, non-exclusive, royalty-free, fully-paid license to access.
a personal. limited. non-transferable. perpetual, non-exclusive, royalty-free, fully-paid license to access.
Terms of Use (Rev. 133A18A)
download, print and otherwise use
your Contributions for their internal purposes and not for distribution, transfer sale or commercial
exploitation of any kind.
GUIDELINES FOR REVIEWS
Company may
accept, reject or remove reviews in its sole discretion. Company has absolutely
no obligation to
screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate.
Those persons posting reviews should comply with the following criteria: (1)
reviewers should have firsthand experience with
the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate
language; discriminatory references based on religion, race, gender, national origin, age, marital
status, sexual orientation or disability; or references to illegal activity;
(3) reviewers should not be affiliated with competitors if posting negative
reviews; (4) reviewers should not make
any conclusions as to the legality of conduct; and (5) reviewers may not post
any false statements or organize a
campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Company, and do not
represent the views of Company or of any affiliate or partner of Company. Company does not assume
liability for any review or for any claims, liabilities or losses resulting from any review. By posting a
review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, and
assignable and sublicensable license to Company to reproduce, modify, translate, transmit by any means, display,
perform and/or distribute all content
relating to reviews.
SOCIAL MEDIA
As part of the functionality of
the Website, you may link your account with online accounts you may have with
third party service providers (each such account, a 'Third Party Account') by
either (i) providing your Third Party Account login information through the
Website; or (ii) allowing Company to access your Third Party Account, as is permitted
under the applicable terms and conditions that govern your use of each Third Party Account. You
represent that you are entitled to disclose your Third Party Account login information to Company and/or
grant Company access to your Third Party Account (including, but not limited
to, for use for the purposes described herein), without breach by you of any of
the terms and conditions
that govern your use of the applicable Third Party Account and without
obligating Company to pay any fees or making Company subject to any usage
limitations imposed by such third party service providers. By granting Company access to
any Third Party Accounts, you understand that (i) Company may access, make available and
store (if applicable) any content that you
have provided to and stored in your Third Party Account (the "Social Network Content') so that it
is available on and through the Website via your account, including without
limitation any friend lists, and (ii) Company may submit and receive additional information to your
Third Party Account to the extent you are notified when you link your account with the Third Party
Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you
have set in such Third Party Accounts, personally identifiable information that you post to your Third Party
Accounts may be available on and through your account on the Website. Please note that if a Third
Party Account or associated service becomes unavailable or Company's access to such Third Party
Account is terminated by the third party service provider, then Social Network
Content may no longer be available on and through the Website. You will have
the ability to disable the connection between your account on the Website and your Third Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR
THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE
PROVIDERS. Company makes no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality or non-infringement, and
Company is not responsible for any Social Network Content. You acknowledge and
agree that Company
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may access your e-mail address book associated with a
Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of
identifying and informing you of those contacts
who have also registered to use the Website. At your request made via email to
our email address listed below. or
through your account settings (if applicable). Company will deactivate the connection
between the Website and your Third Party Account and delete any information
stored on Company's servers that was
obtained through such Third Party Account. except the username and profile picture that become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions,
comments. suggestions, ideas, feedback or other information about the Website
or the Company Services ('Submissions") provided by you to Company are non-confidential and Company (as well as
any designee of Company) shall be entitled to the unrestricted use and dissemination of these
Submissions for any purpose, commercial or otherwise. without acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
You may not access or use the Website for any
other purpose other than that for which Company makes it available. The Website
may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited
activity includes. but is not limited to:
A.
attempting to bypass any measures of the Website designed to prevent or
restrict access to the Website. or
any portion of the Website
B. attempting to impersonate another user or
person or using the username of another user
C. criminal or tortious activity
D.
deciphering. decompiling. disassembling or reverse engineering any of the
software comprising or in any way making up
a part of the Website
E.
engaging in any automated use of the system. such as using any data
mining. robots or similar data gathering
and extraction tools
F.
harassing.
annoying. intimidating or threatening any Company employees or agents engaged
in providing any portion of the Company Services to you
G.
interfering with.
disrupting. or creating an undue burden on the Website or the networks or services connected to the Website
H.
making any unauthorized use of the Company Services. including
collecting usernames and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email. or creating user accounts by automated means or
under false pretenses
I.
systematic retrieval of data or other content from the Website to create
or compile. directly or indirectly, a collection, compilation, database or directory without
written permission from Company
J.
tricking. defrauding or misleading Company and other users. especially
in any attempt to learn sensitive account
information such as passwords
K.
using any information obtained from the Website in order to harass.
abuse, or harm another person
L.
using the Company Services as part of any effort to compete with Company
or to provide services as a
service bureau
M. using the Website in a manner inconsistent
with any and all applicable laws and regulations
INTELLECTUAL
Terms of Use (Rev. 133A18A)
The content on the Website (-Company
Content") and the trademarks, service marks and logos contained therein (-Marks")
are owned by or licensed to Company, and are subject to copyright and other intellectual property rights
under United States and foreign laws and international conventions. Company Content, includes, without
limitation, all source code, databases, functionality, software, website
designs, audio,
video, text, photographs and graphics. All Company graphics. logos, designs.
page headers. button icons,
scripts and service names are registered trademarks, common law trademarks or
trade dress of
Company in the United States and/or other countries. Company's trademarks and
trade dress may not be
used. including as part of trademarks and/or as part of domain names. in
connection with any product or service in any manner that is likely to cause confusion and
may not be copied. imitated. or used. in whole or in part, without the
prior written permission of the Company.
Company
Content on the Website is provided to you -AS IS" for your
information and personal use only and may not be used. copied. reproduced,
aggregated. distributed. transmitted. broadcast. displayed. sold. licensed. or otherwise exploited for any other
purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the
Website, you are granted a limited license
to access and use the Website and the Company Content and to download or print
a copy of any portion of the Company
Content to which you have properly gained access solely for your personal. noncommercial use. Company reserves all rights not
expressly granted to you in and to the Website and Company Content and
Marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you
may be sent through the Website or the Company Services) links to other websites ("Third Party
Websites") as well as articles. photographs. text. graphics. pictures.
designs. music.
sound, video. information. applications, software and other content or items
belonging to or originating from third parties (the "Third Party
Content"). Such Third Party Websites and Third Party Content are not investigated.
monitored or checked for accuracy. appropriateness, or completeness by us. and we are not responsible for any Third Party
Websites accessed through the Website or any Third Party Content posted on. available through or installed from the
Website. including the content. accuracy, offensiveness. opinions.
reliability. privacy practices or other policies of or contained in the Third
Party Websites or the Third Party Content.
Inclusion of. linking to or permitting the use or installation of any Third
Party Website or any Third Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the
Website and access the Third Party Websites or to use or install any Third
Party Content, you do so at your own
risk and you should be aware that our terms and policies no longer govern. You
should review the applicable terms and policies. including privacy and data
gathering practices. of any website
to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you
make through Third Party Websites will be through other websites and from other companies. and Company
takes no responsibility whatsoever in relation to such purchases which are exclusively between you and
the applicable third party.
SITE MANAGEMENT
Company
reserves the right but does not have the obligation to:
A. monitor the Website for violations of this
Agreement:
B.
take appropriate legal action against anyone who, in Company's sole
discretion. violates this Agreement
including without limitation reporting such user to law enforcement
authorities:
C. in Company's sole discretion and without
limitation. refuse. restrict access to or availability of. or disable (to the extent technologically
feasible) any users contribution or any portion thereof that may violate this Agreement or any
Company policy:
D.
in
Company's sole discretion and without limitation. notice or liability to remove
from the Website
or otherwise disable all files and content that are excessive in size or are in
any way burdensome
to Company's systems:
E. otherwise manage the
Website in a manner designed to protect the rights and property of Company and others
and to facilitate the proper functioning of the Website.
PRIVACY POLICY
We care about the privacy of our users.
Please review the Company Privacy Policy. By using the Website or Company Services. you are consenting to
have your personal data transferred to and processed in the United States. By using the Website or the
Company Services you are consenting to the terms of our Privacy Policy.
TERM AND TERMINATION
This Agreement shall remain in full force
and effect while you use the Website or are otherwise a user or member of the Website. as applicable. You
may terminate your use or participation at any time. for any reason. by following the instructions for
terminating user accounts in your account settings. if available. or by contacting us using the contact
information below.
WITHOUT LIMITING ANY OTHER PROVISION OF
THIS AGREEMENT. COMPANY RESERVES THE RIGHT TO. IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE
OR LIABILITY. DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES.
TO ANY PERSON FOR ANY
REASON OR FOR NO REASON AT ALL. INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION. WARRANTY OR COVENANT
CONTAINED IN THIS AGREEMENT. OR OF ANY APPLICABLE LAW OR REGULATION. AND COMPANY MAY
TERMINATE YOUR USE OR PARTICIPATION
IN THE WEBSITE AND THE COMPANY SERVICES. DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE
POSTED AT ANY TIME. WITHOUT WARNING. IN COMPANY'S SOLE DISCRETION.
In order to protect the integrity of the
Website and Company Services. Company reserves the right at any time in its sole discretion to block
certain IP addresses from accessing the Website and Company Services.
Any
provisions of this Agreement that in order to fulfill the purposes of such
provisions. need to survive the termination or expiration of this Agreement
shall be deemed to survive for as long as necessary to fulfill such
purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW
YOU TO CANCEL THIS AGREEMENT. WITHOUT
ANY PENALTY OR OBLIGATION. AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT
EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL.
CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT
INFORMATION LISTING BELOW IN THIS AGREEMENT
OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALSRESIDING IN STATES WITH SUCH LAWS.
Terms of Use (Rev. 133A18A)
If Company terminates or suspends
your account for any reason. you are prohibited from registering and creating a new account under your
name. a fake or borrowed name. or the name of any third party. even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account. Company reserves the right to take
appropriate legal action. including without limitation pursuing civil. criminal. and injunctive redress.
MODIFICATIONS To Agreement
Company may modify this Agreement
from time to time. Any and all changes to this Agreement will be posted on the
Website and revisions will be indicated by date. You agree to be bound to any
changes to this Agreement
when you use the Company Services after any such modification becomes
effective. Company may
also. in its discretion. choose to alert all users with whom it maintains email
information of such
modifications by means of an email to their most recently provided email
address. It is therefore important that you regularly review this Agreement and keep your contact
information current in your account settings to ensure you are informed of changes. You agree that
you will periodically check the Website for updates to this Agreement and you will read the messages we
send you to inform you of any changes. Modifications to this Agreement shall be effective after
posting.
To Services
Company reserves the right at any
time to modify or discontinue. temporarily or permanently. the Company Services (or any part
thereof) with or without notice. You agree that Company shall not be liable to you or to any third
party for any modification. suspension or discontinuance of the Company Services.
DISPUTES Between Users
If there is a dispute between
users of the Website. or between users and any third party. you understand and
agree that Company is under no obligation to become involved. In the event that
you have a dispute with one or
more other users. you hereby release Company. its officers. employees. agents
and successors in
rights from claims. demands and damages (actual and consequential) of every
kind or nature. known
or unknown. suspected and unsuspected. disclosed and undisclosed. arising out
of or in any way related
to such disputes and/or the Company Services.
With Company
A. Governing Law; Jurisdiction. This Agreement and all aspects of
the Website and Company Services shall be governed by and construed in accordance with the
internal laws of the State/Commonwealth of California. without regard to conflict of law
provisions. With respect to any disputes or claims not subject to informal dispute resolution or
arbitration (as set forth below). you agree not to commence or prosecute any action in connection
therewith other than in the
state and federal courts located in Los Angeles County. State of California.
and you hereby consent
to. and waive all defenses of lack of personal jurisdiction and forum non
Terms of Use (Rev. 133A18A)
convenience with respect to. venue and jurisdiction in
such state and federal courts. Application of
the United Nations Convention on Contracts for the International Sale of Goods
is excluded from this Agreement.
Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this
Agreement. In no event shall any claim. action or proceeding by you related in any way to the Website or Company
Services be instituted more than two (2) years after the cause of action
arose.
B.
Informal Resolution. To expedite resolution and control the cost of any
dispute. controversy or claim related
to this Agreement ("Dispute"), you and Company agree to first attempt
to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least
seven (7) days before initiating any arbitration or court proceeding. Such informal
negotiations commence upon written notice from one person to the other.
seven (7) days before initiating any arbitration or court proceeding. Such informal
negotiations commence upon written notice from one person to the other.
C.
Binding Arbitration. If you and Company are unable to resolve a Dispute
through informal negotiations. either you or Company may elect to have the
Dispute (except those Disputes expressly
excluded below) finally and exclusively resolved by binding arbitration. Any
election to arbitrate by one party shall be
final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO
SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and. where appropriate. the AAA's
Supplementary Procedures for Consumer Related Disputes ('AAA Consumer Rules"), both of which are available
at the AAA website www.adr.org. The determination of whether a Dispute is
subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than
an arbitrator. Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and. where appropriate. limited by the AAA Consumer Rules. If such costs are
determined by the arbitrator to be
excessive. Company will pay all arbitration fees and expenses. The arbitration may be conducted in person. through the
submission of documents. by phone or online. The arbitrator will make a
decision in writing. but need not provide a statement of reasons unless requested by a party. The arbitrator must follow
applicable law. and any award may be challenged
if the arbitrator fails to do so. Except where otherwise required by the
applicable
AAA rules or applicable law, the arbitration
will take place in Los Angeles County. State of
California__ . Except as otherwise provided in this Agreement.
you and Company may litigate
in court to compel arbitration.
stay proceedings pending arbitration. or to confirm, modify. vacate or enter judgment on the
award entered by the arbitrator.
D.
Restrictions. You and Company agree that any arbitration shall be
limited to the Dispute between Company
and you individually. To the full extent permitted by law. (1) no arbitration
shall be joined with any other: (2) there is no right or authority for any
Dispute to be arbitrated on a class-action
basis or to utilize class action procedures: and (3) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other persons.
E.
Exceptions to Informal Negotiations and Arbitration. You and Company
agree that the following
Disputes are not subject to the above provisions concerning informal
negotiations and binding
arbitration: (1) any Disputes seeking to enforce or protect. or concerning the validity of any of your or
Company's intellectual property rights: (2) any Dispute related to, or arising
from. allegations of theft. piracy, invasion of privacy or unauthorized use:
and (3) any claim for injunctive relief. If this Section is found to be illegal
or unenforceable then neither you nor Company will elect to arbitrate any Dispute falling within
that portion of this Section found
Terms of Use (Rev. 133A18A)
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS.
EMPLOYEES. OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT. INDIRECT. CONSEQUENTIAL. EXEMPLARY. INCIDENTAL. SPECIAL OR PUNITIVE DAMAGES. INCLUDING
LOST PROFIT. LOST REVENUE. LOSS OF
DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES. EVEN IF COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. COMPANY'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID. IF ANY. BY YOU TO
COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU. SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT. YOU WAIVE
CALIFORNIA CIVIL CODE SECTION 1542. WHICH SAYS: "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."
INDEMNITY
You agree to defend. indemnify and hold
Company, its subsidiaries. and affiliates. and their respective officers. agents. partners and employees.
harmless from and against. any loss. damage. liability. claim. or demand, including reasonable attorneys' fees
and expenses. made by any third party due to or arising out of your contributed content. use of the
Company Services. and/or arising from a breach of this Agreement and/or any breach of your representations and
warranties set forth above. Notwithstanding the foregoing. Company reserves the right. at your expense.
to assume the exclusive defense and control of any matter for which you are required to indemnify
Company, and you agree to cooperate. at your expense. with Company's defense of such claims. Company
will use reasonable efforts to notify you of any such claim. action. or
proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise. any
notices given to Company shall be given by email to the address listed in the contact information
below. Any notices given to you shall be given to the email address you provided during the registration
process, or such other address as each party may specify. Notice shall be deemed to be given
twenty-four (24) hours after the email is sent. unless the sending party is notified that the email address is
invalid. We may also choose to send notices by regular mail.
USER DATA
Terms of Use (Rev. 133A18A)
Our Website will maintain certain
data that you transfer to the Website for the purpose of the performance of the Company Services. as well as
data relating to your use of the Company Services. Although we perform regular routine backups of
data, you are primarily responsible for all data that you have transferred or that relates to any
activity you have undertaken using the Company Services. You agree that Company
shall have no liability to you for any loss or corruption of any such data, and
you hereby waive any
right of action against Company arising from any such loss or corruption of
such data.
ELECTRONIC CONTRACTING
Your use of the Company Services
includes the ability to enter into agreements and/or to make transactions electronically. YOU
ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE
BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO
ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES.
INCLUDING NOTICES OF CANCELLATION. POLICIES. CONTRACTS. AND APPLICATIONS. In
order to access and retain your electronic records, you may be required to have
certain hardware and software, which are your sole responsibility.
ELECTRONIC
SIGNATURES
Users are allowed on United
Spirituality to transmit and receive valid electronic signatures in the United States under the Electronic
Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions
Act (UETA) of 1999 as adopted by individual states. Users' signatures and identities are not
authenticated on United Spirituality.
MISCELLANEOUS
This Agreement
constitutes the entire agreement between you and Company regarding the use of
the Company
Services. The failure of Company to exercise or enforce any right or provision
of this Agreement
shall not operate as a waiver of such right or provision. The section titles in
this Agreement are for
convenience only and have no legal or contractual effect. This Agreement
operates to the fullest extent permissible by law. This Agreement and your account may not be
assigned by you without our express written consent. Company may assign any or all of its rights and
obligations to others at any time. Company shall not be responsible or liable
for any loss, damage. delay or failure to act caused by any cause beyond Company's reasonable
control. If any provision or part of a provision of this Agreement is unlawful. void or unenforceable.
that provision or part of the provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture. partnership.
employment or agency relationship created between you and Company as a result of this Agreement or use of
the Website and Company Services. Upon Company's request. you will furnish Company any documentation.
substantiation or releases necessary to verify your compliance with this Agreement. You agree that this
Agreement will not be construed against Company by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the
electronic form of this Agreement and the lack of signing by the parties hereto to execute this
Agreement.
CONTACT US
In order to resolve a complaint regarding the
Company Services or to receive further information
regarding use of the Company Services, please contact Company as set forth below or. if any complaint
regarding use of the Company Services, please contact Company as set forth below or. if any complaint
with us is not satisfactorily resolved and
you are a California resident you can contact the Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs in writing at 400
"R" Street. Sacramento. California 95814 or by telephone at
1-916-445-1254.
United
Spirituality
409 W. Lomita
Glendale. CA 91204
Terms of Use (Rev. 133A18A)
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