January 1, 2020

Terms of Use

Please read the Terms of Use before using YOUnite, Inc.’s websites (“sites”). By using the sites, you agree to be bound by these Terms of Use. If you do not agree with any part of these Terms of Use, you must not use the sites. These terms and conditions are applicable to your use of the sites regardless of how you accessed it. Your continued use of the sites will constitute your acceptance of the Terms of Use. If you do not wish to be bound by these terms and conditions, discontinue using and accessing this site immediately.

Your Use of this Site

All of the content in the sites are made available only for your lawful use in doing business with YOUnite, Inc. Use of the sites by a competitor company is prohibited. You agree that any information you provide through these sites will be truthful and accurate.

Master terms

Welcome, and thank you for your interest in YOUnite, Inc. (“YOUnite,” “we,” “our,” or “us”). Unless otherwise noted on a particular website or service, these master terms of use (“Terms of Use”) apply to your use of all of the websites that we operate, which includes all subdomains thereto (the “websites”), as well as the products, information, and services provided through the websites. The websites and the products, information and services provided throught the websites are collectively referred to as the “services”.

Additional terms

In addition to the master terms, your use of any services may also be subject to specific terms applicable to a particular service (“additional terms”). If there is any conflict between the additional terms and the master terms, then the additional terms apply in relation to the relevant service.

Your Agreement to the Terms

By accessing or using any of the websites or services, you acknowledge that you have read, understood and agreed to be bound by the Terms of Use. By accessing or using any websites or services you also represent that you have the legal authority to accept the Terms of Use on behalf of yourself and any party you represent in connection with your use of any services. If you do not agree to the Terms of Use, you are not authorized to use any services. If you are an individual who is entering into these Terms of Use on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms of Use, with the terms “you,” and “your” applying to you, that entity, and other users accessing the services on behalf of that entity.

Changes to the Terms

From time to time, we may change, remove, or add to the Terms of Use, and reserve the right to do so in our discretion. In that case, we will post updated Terms of Use and indicate the date of revision. We may, but are not obligated to, post the updated Terms of Use on the relevant websites. All new and/or revised Terms of Use take effect immediately and apply to your use of the services from that date on. Your continued use of any services after new and/or revised Terms of Use are effective indicates that you have read, understood, and agreed to those Terms of Use.

Prohibited Conduct

You agree not to engage in any of the following activities:

1. Violating laws and rights:
   You may not (a) use any service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
2. Solicitation:
   You may not use the services or any information provided through the services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
3. Disruption:
   You may not use the services in any manner that could disable, overburden, damage, or impair the services, or interfere with any other party’s use and enjoyment of the services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the services, or violating any regulation, policy, or procedure of any network, equipment, or server.
4. Harming others:
   You may not post or transmit content on or through the services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
    
   
   You may not intimidate or harass another through the services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the services.

    

5. Impersonation or unauthorized access:
   You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the services;
    
   
   You may not use or attempt to use another’s account or personal information without authorization; and
   
   You may not attempt to gain unauthorized access to the services, or the computer systems or networks connected to the services, through hacking password mining or any other means.

    

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUnite, Inc OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICE, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICE.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless us, our employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms of Use, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.

Privacy Policy

We are committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Terms of Use. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

Trademark Policy

YOUnite, Inc.’s name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy: All trademarks, service marks and logos included on the websites are the property of YOUnite, Inc. or third parties, and you may not use such trademarks without the express, prior written consent of YOUnite, Inc or the applicable third party.

Termination

By YOUnite, Inc: We may modify, suspend, or terminate the operation of, or access to, all or any portion of the services at any time for any reason. Additionally, your individual access to, and use of, the services may be terminated by us at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the services at any time.

Automatic upon breach: Your right to access and use the services automatically terminates upon your breach of any of the Terms of Use.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. Your warranties and indemnification obligations will survive for one year after termination.

Miscellaneous Terms

Choice of law: The Terms are governed by and construed by the laws of the State of California in the United States, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between us and you concerning these Terms of Use, and/or any of the services may only brought in a federal or state court of competent jurisdiction sitting in the Northern District of California, and you hereby consent to the personal jurisdiction and venue of such court.

If you are an authorized agent of a government or intergovernmental entity using the services in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms of Use and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding its choice of law rules).

No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms of Use will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or from your use of any of the services.