Terms & Conditions
Last Updated: May 2nd, 2023
Welcome, and thank you for your interest in UNITED. (“UNITED,” “we” “us,” or “our”) and our website at www.unitedapp.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and UNITED regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING UNITED’S PRIVACY POLICY AND COMMUNITY GUIDELINES (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND UNITED’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY UNITED AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND UNITED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. (See Section 16.)
1. UNITED Service Overview
The Service is a social platform for communities of faith to connect with each other, and with leaders and other providers of content and other services relevant to faith communities. The Service provides an opportunity for users to communicate, share, shop, give, and learn by connecting members of faith communities everywhere.
2. Eligibility
You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts and Registration
To access many features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at unitedappofficial@gmail.com.
support@unitedapp.com
4. Use of the Services
4.1 Permission
Subject to your complete and ongoing compliance with these Terms, UNITED App grants you permission during the Term to access and use the Service for its intended purpose.
4.2 Additional Policies
In addition to these Terms, you understand and agree that use of the Service is subject to UNITED’s Privacy Policy, and Community Guidelines, and such other additional policies as may be made available by UNITED from time to time, in each case as may be modified from time to time as provided herein, and such additional policies are incorporated by reference into, and made a part of, these Terms. Please review these Terms and the additional policies carefully as they contain important details regarding our collection, use, storage, disclosure of your personal information, as well as our overall relationship and your use of the Service more generally. If you are a faith community, non-profit, church, 501(c)(3), faith leader, faith institution, charitable or other organization who has enabled the ability to receive donations through the Service (a “Donee”), your use of the Service is also subject to the additional [Donee Terms].
4.3 Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
4.4 Feedback
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant UNITED an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
5. Donations
Certain features of the Service may allow you to send money to Donee orgainzations that have signed up for accounts on the Service (such amounts, “Donations”). Donees are not affiliated with or endorsed by UNITED, and the views, opinions, platforms, use of donated funds, and other activities are their own and not those of UNITED. Futher, UNITED is not responsible for verifying the identity or eligibility of any prticular Donee, and as such all Donations are at your own risk. Different communities or organizations can have similar names, and it is your responsibility to check that you are donating to the Donee you intended and that you understand how your Donation will be used.
5.1 Payment Processing
UNITED may use third-party payment processors to process Donations, and all such transactions are subject to the legal terms and privacy policies of our payment processors. By clicking to complete the Donation, you authorize us and our payment processors to charge your provided payment method (such as a credit card or debit card) the full amount of such Donation, including any associated fees or taxes. All Donations are final and non-refundable. If you request a chargeback from your issuing bank after having authorized a Donation, and we believe in our sole discretion that you have not disputed the Donation in good faith, your Account may be terminated with no recourse.
5.2 Additional Disclosures Regarding Fees
In order to allow Donees to use our Service to promote their activities and to facilitate and enable donations from users like you without having to risk paying up-front fees for access to our platform, we do not charge Donees our marketing fees unless they are successful in generating Donations. Instead, in exchange for our mrketing services and facilitation of Donations, Donees agree to pay us marketing and promotion fees calculated as a portion of Donations submitted through the Service. These fees help us and our payment processsors provide the Service to you free of charge. You may elect to cover all or a portion of those fees associated with you Donation so that the net proceeds remitted to the Donee after deducting the fees are greater.
5.3 Recurring Donations
The Service may provide you the ability to make automatically recurring payments for periodic Donations (“Recurring Donations“). If you activate a Recurring Donation, you authorize UNITED to periodically charge, through our third-party payment processors, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued amounts on or before the due date for your next Recurring Donation. The (“Billing Date“) is the day on which you first enable the Recurring Donation. Your account will be charged automatically on the Billing Date all applicable fees for the next subscription period. The Recurring Donation will continue unless and until you cancel your subscription or we terminate it. You must cancel your Recurring Doncation before it renews in order to avoid billing of the next periodic Recurring Donation to your accunt. We will bill the periodic Recurring Doncation to the payment method you provide to us upon activation of the Recurring Doncation (or to a different payment method if you change your payment information). You may cancel the Recurring Donation by contacting us at: unitedappofficial@gmail.com.
support@unitedapp.com
5.4 Tax Treatment for Donations
UNITED makes no representation as to the tax or other status of Donees, or the tax or other treatment of your Donations, including whether all or any portion of your Donation, including any associated transaction fees, may be tax deductible or eligible for tax credits. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of Donee in any relevant jurisdiction. You understand and acknowledge that UNITED is not a professional charitable organization and not all Donations made through the Service will be tax-deductible. UNITED will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you. Any receipts or other documentation you may receive evidencing the amount of your Donation (and any representations as to deductibility) are from the Donee, not from UNITED, and UNITED makes no representations as to such receipts or documentation and the information included therein, including as to whether such receipts are accurate, complete, or up to date.
6. Ownership; Proprietary Rights
The Service is owned and operated by UNITED. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by UNITED are protected by intellectual property and other laws. All Materials included in the Service are the property of UNITED or its third party licensors. Except as expressly authorized by UNITED, you may not make use of the Materials. UNITED reserves all rights to the Materials not granted expressly in these Terms.
7. Third Party Terms
UNITED may provide tools through the Service that enable you to export or submit information, including User Content, to third party services, including through features that allow you to link your account on the Service with an account on the third party service, such as YouTube, Twitter, or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that UNITED may transfer that information to the applicable third party service. Third party services are not under UNITED’s control, and, to the fullest extent permitted by law, UNITED is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under UNITED’s control, and UNITED is not responsible for their content.
By accessing content on UNITED, you agree to YouTube’s Terms of Service, which can be accessed at https://www.youtube.com/t/terms.
8. User Content
Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, videos, images, folders, data, text, and other types of works (“User Content”) and to post or publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
8.1 Limited License Grant to UNITED
By providing User Content to or via the Service, you grant UNITED a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
8.2 Limited License Grant to Other Users
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
8.3 User Content Representations and Warranties
UNITED disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize UNITED and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by UNITED, the Service, and these Terms;
b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause UNITED to violate any law or regulation;
c. any tags or other information used or provided by you to designate, identify, or describe your User Content is true, complete, accurate, not misleading, and up to date; and
d. your User Content will be in compliance with the Community Guidelines and could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
8.4 User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. UNITED may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, including the Community Guidelines, or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against UNITED with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, UNITED does not permit copyright-infringing activities on the Service.
8.5 Monitoring Content
UNITED does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that UNITED reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time UNITED chooses to monitor the content, UNITED still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
9. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
a. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
b. harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
c. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
d. post or submit any content, communication, or other material that violates generally accepted standards of family-oriented decency or morality, or otherwise violate the letter or spirit of the UNITED Community Guidelines;
e. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
f. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
g. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your identity or personal information;
h. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
i. attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.
10. Influence Endorsements
UNITED works closely with faith leaders across various communities, and some faith leaders may receive consideration for their participation in the Service and their support, endorsement or promotion of UNITED and its mission. UNITED believes in following industry best practices, including full, fair and effective disclosures of material facts relating to your relationship with UNITED in accordance with the Federal Trade Commission’s Guides Concerning Endorsements and Testimonials In Advertising. If you receive consideration for your participation in the Service or promotion of UNITED, then you must clearly disclose your connection to UNITED and include any hashtags requested by UNITED (such as #ad ir #sponsored), and such disclosure should be made in close proximity to any statements that you make about UNITED.
11. Digital Millennium Copyright Act
11.1 DMCA Notification
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our designated agent at the following address:
UNITED
ATTN: Copyright Compliance Department
1450 Montauk Hwy. PO Box 358
Mastic, NY 11950
Email: unitedappofficial@gmail.com
copyright@unitedapp.com
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
11.2 Repeat Infringer Policy
It is UNITED’s policy to promptly terminate the accounts of users that are determined by UNITED to be repeat infringers.
12. Modification of these Terms
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will use reasonable efforts to notify you of the change, such as through an email to the address you submitted with your registration, or through a pop up notification on the Service when you log in. Modifications requiring become effective upon the earlier of (1) your express acceptance of the modified Terms, or (2) your use of the Service with actual knowledge of the modifications to the Terms, or (3) thirty (30) days following publication of the modified Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
13. Term, Termination and Modification of the Service
13.1 Term
These Terms are effective beginning when you accept the Terms or first access, or use the Service, and ending when terminated as described in Section 12.2.
13.2 Termination
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, UNITED may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by [describe termination process or] contacting customer service at support@unitedapp.com.
unitedappofficial@gmail.com
13.3 Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay UNITED any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 4.3, 5, 7, 11.3, 12, 13, 14, 15 and 16 will survive.
13.4 Modification of the Service
UNITED reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. UNITED will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
14. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify UNITED and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “UNITED Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
15. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. UNITED DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. UNITED DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND UNITED DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
UNITED IS NOT RESPONSIBLE FOR THE ACTIVITIES OF ANY USER, FAITH LEADERS, FAITH COMMUNITIES, DONEES, OR OTHER ORGANIZATIONS THAT MAY USE, OR THAT YOU MAY ENCOUNTER OR INTERACT WITH THROUGH THE SERVICE. UNITED MAKES NOT REPRESENTATION OR WARRANTIES AS TO THE ACCURACY OF STATEMENTS MADE ON THE SERVICE BY DONEES OR OTHER USERS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR UNITED ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE UNITED ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNITED does not disclaim any warranty or other right that UNITED is prohibited from disclaiming under applicable law.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE UNITED ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY UNITED ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 16.4 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE UNITED ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Dispute Resolution and Arbitration
17.1 Generally
In the interest of resolving disputes between you and UNITED in the most expedient and cost effective manner, and except as described in Section 16.2, you and UNITED agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND UNITED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions
Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.3 Arbitrator
Any arbitration between you and UNITED will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting UNITED. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
17.4 Notice of Arbitration;
Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). UNITED’s address for Notice is: UNITED, 189 South Orange Avenue, Suite 1800, Orlando, Florida 32801. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or UNITED may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or UNITED must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by UNITED in settlement of the dispute prior to the award, UNITED will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
17.5 Fees
If you commence arbitration in accordance with these Terms, UNITED will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Orange County, Florida, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse UNITED for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
17.6 No Class Actions
YOU AND UNITED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and UNITED agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.7 Modifications
to this Arbitration Provision. If UNITED makes any future change to this arbitration provision, other than a change to UNITED’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to UNITED’s address for Notice of Arbitration, in which case your account with UNITED will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
17.8 Enforceability
If Section 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17.2 will govern any action arising out of or related to these Terms.
18. Miscellaneous
18.1 General Terms
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and UNITED regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
18.2 Governing Law
These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. You and UNITED submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Orange County, Florida for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Florida, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
18.3 Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
18.4 Contact Information
The Service is offered by UNITED, located at 1450 Montauk Hwy., Mastic, NY 11950. You may contact us by sending correspondence to that address or by emailing us at unitedappofficial@gmail.com. You can access a copy of these Terms by clicking here.
support@unitedapp.com
18.5 Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
18.6 No Support
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
18.7 International Use
The Service is operated in the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
