These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Ubicada LLC, doing business as Ubicada (“we,” “us,” or “our”), concerning your access to and use of the https://Ubicada.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in California, United States, and have our registered office at 3320 Paloma St, Pasadena, CA 91107. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use. Please check the applicable Terms every time you use our Site. Your continued use after such posting means you accept the revised Terms.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The Site is not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA). If your interactions would be subject to such laws, you may not use this Site. You may not use the Site in a way that would violate the GLBA.
All users who are minors in their jurisdiction (generally under 18) must have a parent/guardian’s permission and direct supervision to use the Site. If you are a minor, your parent/guardian must read and agree to these Terms prior to use.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the “Content”) and the trademarks, service marks, and logos (the “Marks”) are owned or controlled by us or licensed to us and are protected by U.S. and international laws. The Content and Marks are provided “AS IS” for your information and personal use only. Except as expressly provided, no part of the Site, Content, or Marks may be used for any commercial purpose without our prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted.
By using the Site, you represent and warrant that:
If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account.
You may be required to register with the Site. You agree to keep your password confidential and are responsible for all use of your account and password. We may remove, reclaim, or change a username if we determine it is inappropriate.
You may not access or use the Site for any purpose other than that for which we make it available. The Site may not be used with any commercial endeavors except those specifically endorsed or approved by us.
As a user of the Site, you agree not to:
The Site does not offer users to submit or post content. If we provide opportunities to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content (“Contributions”), those Contributions may be viewable by other users and third-party websites and treated in accordance with our Privacy Policy.
When you create or make available any Contributions, you represent and warrant that:
Any use of the Site in violation of the foregoing may result in termination or suspension of your rights to use the Site.
You agree that we may access, store, process, and use information and personal data you provide pursuant to the Privacy Policy and your settings. By submitting suggestions or other feedback, you agree we may use and share such feedback for any purpose without compensation.
We do not assert ownership over your Contributions. You retain full ownership and intellectual property rights. You are solely responsible for your Contributions and agree to hold us harmless from any claims related thereto.
Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) you provide are non-confidential and become our sole property. We may use and disseminate Submissions for any lawful purpose without acknowledgment or compensation. You waive moral rights in such Submissions and warrant they are original or you have the right to submit them.
We may (1) monitor the Site for violations; (2) take legal action against violators; (3) restrict/disable any Contributions; (4) remove/disable files/content excessive in size or burdensome; and (5) otherwise manage the Site to protect our rights and facilitate proper functioning.
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. The Site is hosted in the United States; by using the Site from another region with different data laws, you consent to transferring and processing your data in the United States.
We respect intellectual property rights. If material on or through the Site infringes your copyright, notify us using the contact information below (“Notification”). A copy may be sent to the alleged poster. You may be liable for damages if you materially misrepresent infringement—consider consulting an attorney.
These Terms remain in effect while you use the Site. We may, in our sole discretion and without notice, deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason. We may terminate your use or participation in the Site or delete your account and any content at any time, without warning.
If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. We may also pursue civil, criminal, and injunctive relief.
We may change, modify, or remove the contents of the Site at any time at our discretion and have no obligation to update information. We may modify or discontinue all or part of the Site without notice and are not liable for modification, price change, suspension, or discontinuance.
We cannot guarantee the Site will be available at all times. We may experience problems or maintenance causing interruptions. We have no liability for loss/damage/inconvenience caused by downtime. Nothing obligates us to provide maintenance, support, corrections, updates, or releases.
These Terms and your use of the Site are governed by the laws of the State of California, USA, applicable to agreements made and performed entirely within California, without regard to conflict of law principles.
If the Parties cannot resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA Consumer Rules ( www.adr.org ). Fees will be governed by the AAA Consumer Rules. If determined excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, by documents, phone, or online. Unless required otherwise by AAA rules or law, arbitration will take place in Los Angeles, California.
If a Dispute proceeds in court, it shall be commenced or prosecuted in the state and federal courts located in Los Angeles, California, and the Parties consent to personal jurisdiction and venue there. Any Dispute related in any way to the Site must be commenced within one (1) year after the cause of action arose.
Arbitration shall be limited to the Dispute between the Parties individually; no class actions or representative proceedings are permitted.
The following are not subject to arbitration: (a) Disputes to enforce or protect intellectual property rights; (b) Disputes related to theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief.
Information on the Site may contain typographical errors, inaccuracies, or omissions (including descriptions, pricing, and availability). We reserve the right to correct any errors and update information at any time without notice.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant accuracy or completeness, and we are not responsible for: (1) errors or inaccuracies; (2) personal injury or property damage arising from use; (3) unauthorized access to servers or information; (4) interruption of transmission; (5) bugs, viruses, or similar; or (6) errors/omissions in content or any loss/damage from use of content.
You agree to defend, indemnify, and hold us harmless (including subsidiaries, affiliates, and all respective officers, agents, partners, and employees) from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising out of: (1) use of the Site; (2) breach of these Terms; (3) any breach of your representations and warranties; (4) your violation of third-party rights; or (5) any harmful act toward another user connected via the Site. We may assume exclusive defense and control of any matter subject to indemnification at your expense.
We maintain certain data you transmit for Site performance and data related to your use. Although we perform routine backups, you are solely responsible for all data you transmit or related to activities using the Site. We have no liability for any loss or corruption of such data; you waive any right of action arising from such loss/corruption.
Visiting the Site, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS. You waive rights under laws requiring non-electronic records or non-electronic payments.
If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms and any policies/operating rules posted by us on the Site constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. These Terms operate to the fullest extent permissible by law. We may assign any or all rights/obligations at any time. We are not responsible for any loss, damage, delay, or failure to act caused by events beyond our reasonable control. If any provision is determined unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of remaining provisions. No joint venture, partnership, employment, or agency relationship is created by these Terms or your use of the Site. These Terms will not be construed against us by virtue of having drafted them.