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Terms of Service

Terms of Service

Last Updated February 06, 2020

1) Consent to Terms

In order to use this Site or Application, you must expressly consent to these Terms of Use and the related Privacy & Cookie Policy, which contains a broad description of the information which we may collect and our intended uses of it, including, without limitation, geo-location data transmitted by your mobile or other devices. Your failure to consent may interfere with your ability to use the site in the manner you have in mind (or at all).

2) Site Use

  1. You will only have one UNIVERSALPREQUAL.COM account which must be in your real business name and include your real personal name.
  2. You may not use UNIVERSALPREQUAL.COM if you are already restricted by UNIVERSALPREQUAL.COM from using the Services.
  3. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
  4. You will keep your password a secret.
  5. You will not share an account with anyone else and will follow our rules and the law.
  6. If Services were purchased by your employer for you to use (for example, an additional Subscription or Add-On bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Services.

3) Payment

You’ll honor your payment obligations and you are okay with us storing your payment information.

You understand that there may be fees and taxes that are added to our prices. If you buy any of our paid Services (“Premium Services” - Subscriptions or Add-Ons, for example) you agree to pay us the applicable fees and taxes and to any additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (ex: exchange rates).
  • We may store and continue billing your payment method (ex: credit card) even after it has expired, to avoid interruptions in your Services, and to use to pay other Services you may buy.
  • If you purchase a Subscription, or any other Premium Service we may offer, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. We do not offer refunds once your subscription payment has renewed.
  • All of your purchases of Services are subject to UNIVERSALPREQUAL.COM’s refund policy.
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

4) Services

We may change, suspend or end any Service, or change and modify prices at our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.

UNIVERSALPREQUAL.COM is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

5) Termination

We can each end this Contract anytime we want.

Both parties may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members and/or Guests’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
  • Any amounts owed by either party prior to termination remain owed after termination

6) Ownership

  1. The content on the site or application, are owned by or licensed to UNIVERSALPREQUAL, LLC. Content on the site or application is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, UNIVERSALPREQUAL, LLC. You agree to not engage in the use, copying, or distribution of any of the intellectual property other than expressly permitted herein. If you download or print a copy of the intellectual property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the application or features that prevent or restrict use or copying of any intellectual property or enforce limitations on use of the application or the intellectual property therein.
  2. When you provide user submissions, you grant to UNIVERSALPREQUAL, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sub-licenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those user submissions, and your name, voice, likeness and other identifying information where part of a user submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your user submissions.
  3. In addition, you agree that any user submissions you submit shall not contain any material that is, in the sole and absolute discretion of UNIVERSALPREQUAL, inappropriate, defamatory, false, obscene, violent, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to UNIVERSALPREQUAL, may result in account suspension or termination.
  4. UNIVERSALPREQUAL may refuse or remove a user submission without notice to you. However, UNIVERSALPREQUAL shall have no obligation to monitor user submissions, and you agree that neither UNIVERSALPREQUAL nor our parents, subsidiaries, affiliates, employees, or agents will be liable for user submissions or any loss or damage resulting from user submissions. Notwithstanding the foregoing, UNIVERSALPREQUAL reserves the right to monitor all activity conducted over the application and anticipates that it will do so from time to time.
  5. UNIVERSALPREQUAL does not guarantee that user submissions will be private, even if the user submission is in a password-protected area. Accordingly, you should not provide user submissions that you want protected from others.
  6. You represent and warrant that you have all rights necessary to grant to UNIVERSALPREQUAL the license above and that none of your user submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law. No material is to be included in the Application unless the person or entity proposing to include it has full ownership or a valid written license allowing its inclusion.

7) No Reuse

Material appearing in the application may not be reproduced or used for any other purpose without the express prior written consent of UNIVERSALPREQUAL.

8) No Warranty

UNIVERSALPREQUAL does not guaranty or warrant any content which appears through the application or any service or product provided by anyone using the application and users acquire no rights with respect to UNIVERSALPREQUAL. All warranties, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose, are expressly disclaimed by UNIVERSALPREQUAL. Any warranties pertaining to products or services must be negotiated only with the pertinent provider. UNIVERSALPREQUAL shall have no responsibility for any action or omission of any user of the application. Users must use the application and related services solely at their own rish and perform such vetting of other parties as they deem to be necessary.

9) LIMITATION OF LIABIILTY

YOU UNDERSTAND AND AGREE THAT UNIVERSALPREQUAL LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE APPLICATION AS SET FORTH BELOW:

  1. UNDER NO CIRCUMSTANCES SHALL UNIVERSALPREQUAL, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "UNIVERSAL PREQUAL ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  2. IN NO EVENT SHALL UNIVERSALPREQUAL ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
  3. YOUR ACCESS TO AND USE OF THIS APPLICATION IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE APPLICATION OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION OR THE CONTENT. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

10) No Service Provider Responsibility

Any objection to services provided by any user of this application must be pursued with said user. UNIVERSALPREQUAL shall have no responsibility of any kind for any product or service.

11) No Assurance of Engagement

Use of this application does not constitute any assurance of engagement to provide services.

12) Risk of Security Breaches

While UNIVERSALPREQUAL believes and intends that its information security practices reflect good practice, there is no such thing as perfect information security. Thus, users assume the risk of security breaches and all consequences resulting from them. In furtherance of the foregoing, users must safeguard their UNIVERSALPREQUAL credentials.

13) Children Not Authorized

The UNIVERSALPREQUAL application is not intended for the use of children under 18 and no such person is authorized to use it.

14) Take-Down Notices

Anyone believing that any material in the application is infringing their copyright interest or otherwise violating any of their rights should provide written notice to UNIVERSALPREQUAL describing in detail the basis for their concern and their legal interest in the material at issue as follows: contact@universalprequal.com.

Upon receipt of such notice, UNIVERSALPREQUAL will investigate and remove material if necessary. The complaining party will be notified of the results of such investigation.

15) Modification by UNIVERSALPREQUAL

UNIVERSALPREQUAL may modify these Terms of Service or modify/discontinue the application at any time for any reason.

16) Choice of Law and Arbitration.

Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Application (including all commercial transactions conducted through the Application) ("Claims"), shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. The arbitration shall be held in Monmouth County, New Jersey, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the Monmouth County courts of the State of New Jersey, provided that:

  1. The arbitrator shall not have authority to award punitive damages; and
  2. Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and UNIVERSALPREQUAL agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.

17) Compliance with Laws and Union Contracts

All parties shall comply with all applicable laws in the provision of services. Service providers shall comply with all applicable union contracts.

18) Other Restrictions

You agree that you will not:

  1. Post anything that contains software viruses, worms, or any other harmful code;
  2. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  3. Imply or state that you are affiliated with or endorsed by UNIVERSALPREQUAL.COM without our express consent (e.g., representing yourself as “approved”, “endorsed” or “accredited” by UNIVERSALPREQUAL.COM);
  4. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without UNIVERSALPREQUAL.COM’s consent;
  5. Deep-link to our Services for any purpose on our Services, without UNIVERSALPREQUAL.COM’s consent;
  6. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  7. Monitor the Services’ availability, performance or functionality for any competitive purpose;
  8. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  9. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services); Interfere with the operation of, or in the sole judgement of UNIVERSALPREQUAL place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
ONE AND DONE -
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