Uniting for Action Terms of Service Agreement
Effective Date of this Terms of Service: August 13, 2020
Date of Last Revision: August 13, 2020
Uniting for Action Terms of Service Agreement:
This Terms of Service Agreement (“Agreement”) is a legal agreement between you (“you”, “your”, or “User”) and Uniting for Action LLC (“we”, “us”, or “UNITING FOR ACTION”), the owner and operator of the website at UnitingForAction.com (the “Website”).
Your use of our Service constitutes an agreement between you and UNITING FOR ACTION. You agree to be bound by the terms and conditions in these Terms of Service (“Terms”).
YOU AGREE to ACCEPT THESE TERMS IN FULL. IF YOU DISAGREE WITH THESE TERMS, OR ANY PART OF THESE TERMS, UNITING FOR ACTION IS UNWILLING TO GIVE YOU ACCESS TO THE service that we provide, AND YOU MUST NOT USE OUR SERVICE OR WEBSITE.
All visitors to the website are asked to EXPRESSLY AGREE TO THESE TERMS. IF YOU CREATE EITHER A FREE OR PAID ACCOUNT (“Account”) ON OUR SERVICE, WE ASK YOU TO EXPRESSLY AGREE TO THESE TERMS.
BY USING THE WEBSITE, OR BY CLICKING ON THE “JOIN” BUTTON, OR BY CLICKING ON THE “ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS SET FORTH BELOW, UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT, AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
THE “EFFECTIVE DATE” OF THIS AGREEMENT IS THE DATE UPON WHICH YOU BEGIN USING OUR SERVICE, OR CLICK THE “JOIN” BUTTON, OR CLICK THE “ACCEPT” BUTTON. FOR THE PURPOSE OF THIS AGREEMENT, YOU CONSTITUTES “CUSTOMER”.
This Agreement governs your use of the Website and all related websites, software, mobile apps, plug-ins and other services that we provide (together, the “Service” or “System”), as well as all related information, data, and other content, including all text, links, Images, documents, Videos, and Audio uploaded to our Service (together, the “Content”) available via our Service.
“Images” includes all photographs, vectors, drawings, and illustrations. “Videos” refers to any moving images, animations, films, or other audio/visual representations. “Audio” refers to any music or other audio file. “Username” refers to the Username you choose for your Account. “Password” refers to the Password you choose for your Account.
UNITING FOR ACTION reserves the right, at our sole discretion, from time to time, to modify, amend, supplement, or change or modify portions of these Terms.
If we update these Terms, we will post the updated Terms of Service on this page (https://UnitingForAction.com/terms-of-service.asp), and will indicate at the top of this page the date these Terms were last revised. Any such changes will become effective immediately.
AT SUCH TIME, YOU WILL BE ASKED TO AGREE TO BE BOUND BY THE TERMS OF SERVICE AS MODIFIED, AMENDED OR SUPPLEMENTED. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THE UPDATED TERMS OF SERVICE, YOU MUST IMMEDIATELY CEASE YOUR USE OF OUR SERVICE.
Your continued use of our Service after the date any such changes become effective constitutes your acceptance of the new Terms.
YOU UNDERSTAND AND AGREE THAT YOU WILL NO LONGER BE ABLE TO ACCESS ANY EXISTING UNITING FOR ACTION ACCOUNTS AFTER AN UPDATE TO THE TERMS OF SERVICE WITHOUT AGREEING TO THE UPDATED TERMS OF SERVICE.
Privacy and Security
Uniting for Action prioritizes the privacy and security of any information it collects.
You acknowledge that no websites or procedures can remove all of the risk of providing such information, and you therefore provide this information at your own risk, and hold harmless UNITING FOR ACTION from any and all consequences that may result from the unauthorized access or loss of any User-provided information by any means, including but not limited to website hacking, employee theft, etc.
Registration, Accounts, and Age Requirements
You may use the Service only if you can form a binding contract with UNITING FOR ACTION, and only in compliance with these Terms and all applicable laws, rules, and regulations. The Service is not available to any Users previously removed from the Service by UNITING FOR ACTION.
You may be required to register with us in order to access and use certain features of our Service and certain Content. You may register for an Account with our Service by completing and submitting the Account registration form on our Service.
If you register for an Account with our Service, you’ll choose a Username and Password. You must keep your Username and Password confidential. You must not use any other person’s Account to access the Service, or allow any other person to access our Service or the Content using your Username and Password. Every person using our Service must register and use their own unique Account.
If, at any time, you learn or suspect that your Username or Password has been disclosed or otherwise made known to any person other than yourself, you agree to immediately notify UNITING FOR ACTION via e-mail at support@UnitingForAction.com. You are responsible for any activity on our Service arising out of any failure to keep your Username and Password confidential.
For questions relating to Account creation, updating your Account, resetting your Password, privacy, security, and other aspects of our Service or to communicate a complaint regarding the services provided, please contact UNITING FOR ACTION at support@UnitingForAction.com.
AGE REQUIREMENT: To be eligible for an Account on our Service, you must be at least 13 years of age. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use our Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use our Service you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of our Service. If your child is using our Service, and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her Account.
We’re using on a crowdfunding model – asking those that receive value from our System, as well as those that would like to receive the value of future updates and added functionality, contribute to building the System.
We ask all who value the System, and want to see the System evolve and expand, provide a monthly subscription contribution of their choosing.
Please contribute an amount in alignment with your desire and commitment to improving the Service, the organizational support associated with the Service, and to ensuring that additional phases of development are sufficiently funded.
If you do choose to provide a monthly subscription amount, that support will be used to improve the Service and the organizational support associated with the Service.
The monthly amount provided does not change or increase the Service or functionality provided, nor change any of the Terms of this Agreement.
This choose-your-own-amount monthly support structure is provisional, and may change at any time in the future. In the future, we may ask Users of the System to provide some minimum monthly contribution in order to use certain functions of our Service.
If we begin to ask for a minimum monthly contribution for any of the functions you’ve been using without providing such support, we will provide at least two weeks notice to you via email of our intention to begin requiring such financial support for the specified functionality. At the end of the two week notice you can choose to begin providing the monthly financial support, or to stop using the specified functions of our Service.
Use of the Service
• The Content of the pages of our Service is for your general information and use only. It is subject to change without notice.
• We make no warranty or guarantee as to the accuracy, timeliness, completeness, or suitability of the Content and materials found or offered via this Service for any particular purpose. You acknowledge that such Content and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any Content or materials provided via this Service is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Service meet your specific requirements.
• This Service contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, Content, layout, look, appearance and graphics. Reproduction is prohibited other than with UNITING FOR ACTION’s prior written consent.
• This Service includes links to other websites over which we have no control. These links are provided for your convenience to provide further information. We do not check the links submitted by Users of the Service. Providing the links via the Service does not signify that we support or endorse the linked website(s) or linked information. We have no responsibility for the content or practices of third party websites linked to by our Service. We make no warranty or guarantee that any links to other websites are free of viruses or other harmful components. Please use appropriate precautions and protections when clicking on any links provided via our Service, as you would for any unknown links provided elsewhere on other websites. If you believe that a link on our Service contains harmful code, or contains inappropriate content, please notify us immediately at support@UnitingForAction.
Intellectual Property and Copyright Notice
The technology and software underlying the Service or distributed in connection therewith is the property of UNITING FOR ACTION and you are granted no license with respect to that Software. You agree not to copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software. You agree not to create, or support the creation of, any functionally similar software or service. Any rights not expressly granted herein are reserved by UNITING FOR ACTION.
All of the Content available at our Service is valuable and exclusive property of UNITING FOR ACTION or its licensors, licensees, or third-party providers and includes various forms of intellectual property, including, without limitation, copyrights, trademarks and servicemarks (the "Intellectual Property"). This Intellectual Property includes, but is not limited to, logos, page headers, graphics, buttons, and other icons. Notwithstanding anything to the contrary herein, nothing in this Agreement shall be construed as transferring or assigning any ownership rights to you or any other person or entity in any Intellectual Property.
UNITING FOR ACTION has the exclusive worldwide rights to all the original Content and all the Intellectual Property created by UNITING FOR ACTION, as well as the Content collected by and made available via our Service, including but not limited to, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including without limitation the words, written forms, text, computer code, artwork, photographs, images, music, audio material, spoken word, video materials, and audio-visual materials.
The word "copyright" means the entire copyright and design right, visual rights, sound recording rights, and any and all analogous rights subsisting under international treaties and the laws of each and every jurisdiction throughout the world.
UNITING FOR ACTION has the exclusive worldwide rights to all materials appearing on our Service which are protected by copyright and trademark throughout the world under the applicable laws of individual countries and international treaties. The Content of our Service is provided as a service, and may be used for informational purposes only.
Large scale or systematic copying of Content is prohibited except as expressly authorized in writing by UNITING FOR ACTION.
This applies to all Content, including Content made available as part of the public domain. The Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions, and other intellectual property laws.
Except as stated herein, no portion of the Content of our Service, nor any material, works or Intellectual Property which UNITING FOR ACTION has the exclusive rights to may be displayed, reproduced, copied, commercialized, used to create derivative works, republished, uploaded, modified, performed, posted, published, reverse engineered, sold, or in any way exploited, or transmitted, or distributed in any form or by any means (electronic, mechanical, photocopying, recording, or otherwise), nor may you distribute any part of the above described Content over any network, including a local area network or the Internet, sell or offer it for sale, or use such Content to construct any kind of database or otherwise without the explicit prior written permission of UNITING FOR ACTION.
Except as expressly permitted in this Agreement, you may not copy, reproduce, republish, store, upload, post, transmit, analyze, adapt, reformat, print, distribute, commercially exploit, or publicly display the Content or Intellectual Property or any portion thereof in any manner whatsoever without prior written consent from UNITING FOR ACTION.
You may not remove, reproduce, alter, use, display, modify, copy or obscure any copyrighted material, trademark, servicemark, legal or proprietary notices in or on any portions of the Content. Permission is granted for your use of the Service solely for your personal or internal use for non-commercial purposes, to display the Content with a computer or mobile device using browser software, and to download, use, and print copies of the material, provided that no modification is made to the material and that all copyright and other proprietary notices are preserved. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. Use of some of the Content is subject to additional limitations as specified herein.
You represent and warrant that you will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Content. You agree that UNITING FOR ACTION, our licensors, and all other persons or entities involved in the operation of services provided through our Service, have the right to monitor, retrieve, store and use Content in connection with the operation of our Service. UNITING FOR ACTION, ITS LICENSORS AND THIRD-PARTY PROVIDERS CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF CONTENT TRANSMITTED, MONITORED, STORED OR RECEIVED USING OUR SERVICE. THE ONLY PERMITTED USE BY YOU OF OUR SERVICE AND THE RELATED CONTENT IS YOUR PERSONAL OR INTERNAL ORGANIZATIONAL USE. ANY OTHER USE OF THIS SERVICE IS CONSIDERED A VIOLATION OF THIS AGREEMENT.
Permission granted herein does not include the right to repost the Content on any other websites, social media platforms, electronic forums, or non-electronic forums. Any desire to share the Content provided via our Service can be accomplished by using the Sharing functions provided by our Service, or by sharing the website address of the webpage on our Service that contains the Content to be shared.
Permission for digital reuse, reprint or any other publishing requests should be addressed to: support@UnitingForAction.com
If you agree to the Terms of this Agreement, UNITING FOR ACTION grants you a nonexclusive, nonassignable, nontransferable, nonsublicensable, revocable and limited license to access our Service, including any files, images, or audio or video clips incorporated in, generated by, or provided by the software, and data accompanying the software (collectively, "the Software"), from our Service solely for your personal or internal purposes, provided and expressly conditioned on your agreement and satisfaction of the terms and conditions in this Agreement. UNITING FOR ACTION retains full title to the Software, and all intellectual property rights therein and does not transfer the title, nor any intellectual property rights, to you.
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, and all intellectual property rights therein shall remain at all times with UNITING FOR ACTION. Any other use of the Software by any person, group, organization, business, or any other entity other than for personal or internal organizational purposes is strictly forbidden and is a violation of this License Agreement.
By accessing the Software you are subject to the Terms of this Agreement. No portion of the Software may be sub-licensed, transferred, assigned, commercialized, sold, used to create derivative works, republished, uploaded, modified, performed, posted, published, reverse engineered, decompiled, disassembled, or in any way exploited or transmitted or distributed in any form or by any means, electronic, mechanical, photocopying, recording. You may not attempt to create the source code from the object code for the Software or otherwise reduce the Software to a human-perceivable form, or distribute any part of the above described Content over any network, including a local area network or the Internet, sell or offer it for sale, or use such Content to construct any kind of database or otherwise without the explicit prior written permission of UNITING FOR ACTION. By using this Software, you agree not to create, or supporting the creation of, any functionally similar software or service.
This license may be revoked by UNITING FOR ACTION in whole or in part, at any time, with or without cause.
Our Service and some of the features and services available on our Service may be available via your mobile device, including, but without limitation, the ability to browse the Website, and download Content from our Website, or upload Content to our Website, via your mobile device. Your mobile carrier’s fees will apply. By using our Service via your mobile device, you agree that UNITING FOR ACTION may communicate with you via electronic means via your mobile device, and that certain information about your usage of our Service via your mobile device may be communicated to UNITING FOR ACTION.
Maintaining a safe and welcoming environment for all is of paramount importance to UNITING FOR ACTION.
You agree to use our Service and the Content made available by our Service for lawful and permitted purposes only.
You agree not to post, or provide links to, or transmit any information through our Service which:
(1) infringes the rights of others, or violates their privacy or publicity rights
(2) is protected by copyright, trademark, privacy laws or other proprietary right without the express permission of the owner of such right
(3) is false, misleading or inaccurate
(4) is not relevant to the Content it’s associated with
(5) is commercially oriented, promoting products, external links, etc.
(6) is unlawful, vulgar, obscene, profane, indecent or otherwise objectionable Content ("Objectionable Content”)
Objectionable Content is Content that most Users would find to be offensive, upsetting, or inappropriate.
Examples of Objectionable Content may include, but are not limited to the following:
• Sexual material
• Portrayals of violence or Content that encourages violence
• Use of profanity or crude or graphic language or images
• Illegal activities such as drug use and gambling
• Engaging in, encouraging, or contributing to any illegal activity or activity that violates others’ rights
(7) is threatening, abusive, defamatory, derogatory, libelous, or otherwise offensive Content ("Offensive Content”)
Examples of Offensive Content may include, but are not limited to the following:
• Use of derogatory, discriminatory, or graphic language
• Bullying, abuse, harassment, threats, flaming or intimidation of any person, organization, or group of people
• Defamatory or derogatory commentary or hate speech about any religion, gender, gender identification, sexual orientation, race, or any personal or group association
You may not post, or provide links to, or transmit any information through our Service that violates any of these Terms.
You shall be solely liable for defending against, and for any damages resulting from, any infringement of copyright, trademark or other legal or proprietary right, or any other harm resulting from any uploading, posting or submission. You shall indemnify UNITING FOR ACTION in accordance with the Warranty and Limitation of Liability section of this Agreement for any claims or actions brought by third parties who allege that you have violated this Acceptable Use section of this Agreement.
You must not:
• use our Service in any way, or take any action that causes, or may cause, damage to our Service or impairment of the performance, availability, or accessibility of our Service;
• use our Service in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• use our Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
• conduct any systematic or automated data collection activities (including without limitation scraping, robots, data mining, data extraction and data harvesting) on or in relation to our Service without our express written consent;
• access or otherwise interact with our Service using any robot, spider or other automated means;
• violate the directives set out in the robots.txt file for our Website;
• use data collected from our Service for any direct marketing activity (including but not limited to email marketing, SMS marketing, telemarketing, and direct mailing)
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
By uploading Content to the Website – text and images, including but not limited to descriptions, summaries, and comments – you grant UNITING FOR ACTION an irrevocable, worldwide, non-exclusive and royalty-free license to use, download, copy, modify or adapt, the Content (in whole or in part) for any purpose, both commercial and non-commercial. You acknowledge and confirm that your Content will be made available to the public on and through the Service without providing compensation to you.
You are solely responsible for the Content you upload. You warrant that:
• you own all proprietary rights to the Content you upload to the Service, and that the Content does not infringe the copyright, property right, trademark, or other applicable rights of any third parties
• you have obtained a non-exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or Property Release and/or Use License, and/or any other permissions necessary concerning the use of the Content for any purpose, without any conditions, unless such conditions are required by law.
You accept that even though we do our best to prevent it from happening, UNITING FOR ACTION cannot be held responsible for the acts or omissions of its Users, including any misuse or abuse of any Content you upload.
We reserve the right to remove any Content at any time and for any reason, including if we believe it’s in violation of these Terms.
You acknowledge and agree that UNITING FOR ACTION may monitor any and all transmissions sent or received through our Service. UNITING FOR ACTION, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of, or delete or block access to, any material which UNITING FOR ACTION deems inappropriate, or objectionable, or in violation of any term or condition of this Agreement.
Notice and Procedure for Copyright Infringement Claim
UNITING FOR ACTION respects the right of creatives. Accordingly, it is our policy to respond to alleged infringement notices promptly. If you believe that your copyright, trademark, or other right has been infringed by Content that is accessible via our Service, we ask that you notify us via the procedure outlined in this section.
UNITING FOR ACTION, pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use our Service and any services or Information provided through our Service, if it determines in its sole and absolute discretion that you are involved in any activity which may be infringing, including alleged acts of first time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. UNITING FOR ACTION accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, UNITING FOR ACTION has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. UNITING FOR ACTION’s designated agent to receive notification of claimed infringement is:
Uniting for Action LLC
Attn: Copyright Notification
1834 Mayo St.
Hollywood, FL 33020
Any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to UNITING FOR ACTION’s designated agent, listed above, and must include the following elements:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including a URL link to where it appears on the Service.
D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and/or email address.
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information on the notification is accurate, and under penalty of perjury, that the complaining part is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Term, Suspension and Termination of an Account
This Agreement will remain in effect unless you or UNITING FOR ACTION terminates it. You may terminate an Account at any time by contacting us at support@UnitingForAction.com
If you suspend or terminate your Account, you will not be entitled to a refund for any previously provided financial support. Please allow up to three business days from your notification of your desire to terminate your Account for UNITING FOR ACTION to cancel any previously scheduled pending automatic payments.
If you wish to ensure that any pending automatic payments are not processed, please provide more than three businesses days notice before such payments are scheduled, or alternatively cancel such such payments on your own.
We reserve the right to suspend or terminate any Account immediately, with or without cause, without prior notice or liability, for any reason whatsoever, including without limitation, breach of the Terms of this Agreement. Upon termination, your right to use our Service will immediately cease. If we suspend or terminate your Account, you will not be entitled to a refund for any previously provided financial support.
Termination or cancellation of this Agreement shall not affect any right or relief to which UNITING FOR ACTION may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will immediately terminate and revert to UNITING FOR ACTION.
Delays or Interruptions in Services
Neither UNITING FOR ACTION nor any of its licensors, licensees and third-party providers (including their officers, directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from the unavailability of our Service or the Content therein. UNITING FOR ACTION shall have no responsibility to provide continuous access to our Service.
You agree to release, indemnify, defend and hold harmless UNITING FOR ACTION, its subsidiaries, affiliates, officers, licensors, employees, and third-party providers (including their officers, directors, employees, affiliates, agents, representatives or contractors) from and against all claims or demands brought by any persons or by any third party (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of, whether directly or indirectly, your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your Account of any Intellectual Property or other right of any person or entity.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND CONTENT AVAILABLE TO YOU THROUGH OUR SERVICE ARE PROVIDED TO YOU ON AN "AS IS," "WHERE IS" BASIS.
YOU ACKNOWLEDGE THAT THE CONTENT PROVIDED THROUGH OUR SERVICE ORIGINATES FROM SOURCES WHICH ARE BEYOND THE CONTROL OF UNITING FOR ACTION. YOU RECOGNIZE THAT INACCURACIES MAY OCCUR AND UNITING FOR ACTION AND ITS LICENSORS AND THIRD-PARTY PROVIDERS OFFER NO RIGHTS OR LICENSES UNDER THIS AGREEMENT, NOR ANY WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, our Service, THE ACCURACY OR SUITABILITY OF ANY CONTENT ON our Service, OR LINKED TO BY our Service, or in any emails, or in any communications or publications provided by or produced by Uniting for Action, or provided by any staff, volunteers, Members, sponsors, vendors, contractors, or anyone representing Uniting for Action in any way.
UNITING FOR ACTION AND ITS LICENSORS AND THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL implied representations, warranties, or conditions, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF satisfactory quality, TITLE OR NON-INFRINGEMENT OR ADEQUACY TO PRODUCE ANY PARTICULAR RESULT. These disclaimers will apply unless applicable law does not permit them.
YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT AVAILABLE THROUGH OUR SERVICE HAS NOT BEEN EVALUATED BY ANY U.S. OR OTHER GOVERNMENTAL AUTHORITY, INCLUDING WITHOUT LIMITATION, THE FOOD AND DRUG ADMINISTRATION (THE "FDA"), AND THAT THE CONTENT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. OUR CONTENT DOES NOT CONTAIN ALL MEDICAL INFORMATION THAT MAY BE RELEVANT AND SHOULD NOT BE USED AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU HAVE ABOUT ANY MEDICAL CONDITION, TREATMENT, CARE OR DIAGNOSIS SHOULD BE PRESENTED TO A PROFESSIONAL HEALTHCARE PROVIDER.
UNITING FOR ACTION DOES NOT REPRESENT OR WARRANT THAT our Service, or any functions provided within the service, OR any of the CONTENT provided via our service WILL MEET any REQUIREMENTS or needs you may have, OR THAT they WILL BE provided in an uninterrupted fashion, OR operate error-free, or that any defects or errors in the product will be corrected, OR THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, or that the product is compatible with any particular platform.
Limitation of Liability
YOU agree to hold harmless Uniting for Action for any inaccurate or misinformation that appears on OUR SERVICE, OR FOR ANY ACTIONS THAT YOU TAKE AS A RESULT of RELYING ON any CONTENT (ACCURATE OR inaccurate) that appears on OUR SERVICE, or IS INCLUDED in any communications or publications provided by or produced by Uniting for Action, or provided by any staff, volunteers, Members, sponsors, vendors, contractors, or anyone representing OR CONNECTED WITH Uniting for Action in any way.
In no event SHALL UNITING FOR ACTION’S, ITS LICENSORS’ OR THIRD-PARTY PROVIDERS’ TOTAL LIABILITY to you or to any OTHER PERSON OR ENTITY for any incidental or consequential damages, LOSSES, OR CAUSES OF ACTION (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information, OR ANY OTHER DAMAGES, COSTS OR LOSSES) (WHETHER IN CONTRACT, TORT OR NEGLIGENCE, INCLUDING WITHOUT LIMITATION, THE NEGLIGENCE OF UNITING FOR ACTION, OR OTHERWISE) arising out of the use of or inability to use our Service, OR your use of or inability to use the CONTENT provided via our service, or for any claim by any other party, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICE, EVEN IF UNITING FOR ACTION, ITS AFFILIATES, LICENSORS OR THIRD-PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THE ABOVE LIMITATION OF LIABILITY SHOULD FAIL IN ITS ESSENTIAL PURPOSE FOR ANY REASON, UNITING FOR ACTION’s aggregate liability with respect to its obligations under this agreement or otherwise with respect to the product and specifications or otherwise SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS PAID TO UNITING FOR ACTION BY YOU for the use of our service UNDER THE TERMS OF THIS AGREEMENT, OR FOR ANY AGREEMENT WITH AN INDIVIDUAL THIRD-PARTY PROVIDER, OR THE SUM OF $1000.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, EVEN IF UNITING FOR ACTION OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Notices to UNITING FOR ACTION
You must send notices, authorizations, and requests in connection with this agreement via e-mail to support@UnitingForAction.com
Electronic Notices to You
We will provide you with information about our Service in electronic form via the email address you provide when you set up an Account for our Service. Notice via email is given as of the transmission date. You may not use our Service if you do not agree to receive these electronic notices.
No Third-Party Beneficiaries
This agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this agreement.
You may not assign any rights, obligations or privileges under this Agreement without the prior written consent of UNITING FOR ACTION. Any assignment other than as provided for in this Section shall be null and void. We may assign this agreement to our Affiliates.
If a court holds any provision(s) of this Agreement to be unlawful, invalid or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make in enforceable, then delete such provision, and the rest of this agreement will remain in effect and this agreement will be amended to give effect to the eliminated provision to the maximum extent possible. As so reformed or modified, the court shall fully enforce this Agreement.
A waiver of any breach of this agreement is not a waiver of any other breach. Any waiver must be in writing and signed by an authorized representative of the waiving party.
This Agreement shall be governed by the laws of the State of Florida. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of our Service contemplated by this Agreement must be instituted within one (1) year from the date upon which such claim or cause arose or accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in Broward County, Florida and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of the State of Florida as your agent for service of process. You agree to waive any objection that the state or federal courts of Florida are an inconvenient forum.
Any action to enforce this agreement must be brought in the State of Florida in the United States. This choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
Unless otherwise specified, the materials in our Service are presented solely for the purpose of promoting programs, services, and other products available in the United States, its territories, possessions and protectorates. This site is controlled, operated, and administered by UNITING FOR ACTION from its offices within the State of Florida, United States of America. UNITING FOR ACTION makes no representation that material and Information found at or accessible through our Service are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with all applicable laws, and with local laws, if and to the extent local laws are applicable. Software from this site may further be subject to United States export controls. No software from our Service may be downloaded or otherwise exported or re-exported to a country or in a manner contrary to the laws and regulations governing such exports administered by the Departments of State, Commerce or Treasury, or any other agency. You may not use this Site or export the Site Content, materials, information, or services on this Site in violation of export laws and regulations from the United States.
If UNITING FOR ACTION takes action and prevails (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of damages or any amounts due hereunder, or if UNITING FOR ACTION prevails in defense of an action brought by you or your agent, UNITING FOR ACTION shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
This Agreement constitutes the entire Agreement concerning its subject matter and supersedes any prior or contemporaneous communications.
This Agreement is complete and effective at the time you agree to it:
(1) by clicking on the button indicated for acceptance in connection with the authorization procedure to access our Service
(2) by continuing to use our Service once you’ve been notified that use of our Service constitutes agreement to our Terms of Service Agreement.
No Transfer of Ownership
UNITING FOR ACTION does not transfer any ownership rights in any of the Content on our Service.
UNITING FOR ACTION reserves all rights, including without limitation license rights, not specifically granted in this agreement. Our Service is protected by copyright and other intellectual property rights laws and international treaties.
Neither party will be liable for any failure in performance due to causes beyond either party’s reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of services)).
Provisions regarding ownership and license rights, fees, restrictions on use, transfer of licenses, warranties, limitations of liability, confidentiality, compliance verification, obligations on termination or expiration, and other relevant provisions in these Terms will survive termination or expiration of this agreement.
Consent to Electronic Signatures
You consent to use of electronic signatures with documents related to this Agreement. You are aware that such consent to the use of electronic signatures is applicable to transactions consummated using our Service. You may withdraw your consent to use of electronic signatures by providing a non-electronic signed writing withdrawing such consent to:
Uniting for Action LLC
Attn: Electronic Signature
1834 Mayo St.
Hollywood, FL 33020
You may obtain a paper copy of any electronic record by emailing support@UnitingForAction.com, and requesting such a paper document, although copy expenses may apply. You are aware that you are responsible for all hardware and software reasonably necessary to access our Service and to use the electronic signature function.
For the purpose of this agreement, "electronic signature" means an electronic symbol or process attached to or logically associated with a document or record and executed or adopted by you with the intent to sign the record.
You may contact UNITING FOR ACTION with questions concerning this UNITING FOR ACTION Terms of Service Agreement at support@UnitingForAction.com