Our team is welcoming you to our platform - we are very happy to have you here. But first, please read these Terms of Agreement carefully. Your use of the Service (as defined below) constitutes your consent to this Agreement.
This Agreement is between you, the user, and UniMates LLC (“Company” or “we” or “us”) concerning your use of (including any access to) our “UniMates” mobile application. This Agreement refers to the App (including any materials and services located therein) as the “Service.” BY USING OR ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF CONDITIONS. DO NOT USE THE SERVICE IF YOU DO NOT AGREE.
By using the Service, you affirm that you are of legal age to enter into this Agreement (which is commonly 18), or, if you are not, you have obtained parental or guardian consent to enter into this Agreement, and that your parent or guardian has agreed to be liable for your acts and omissions.
We might alter this Agreement at any time and will notify you of any changes by reasonable means, including by posting a revised Agreement through the Service. Any such of these modifications will not be applied to any dispute between you and UniMates arising prior to the date on which the revised were posted. Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Service following any possible changes to this Agreement will imply your confirmation of such changes. The “Last Updated” commented above indicates when this Agreement was last updated and modified. We may, however, at any time and without liability, modify or discontinue part or all of the Service; charge, modify or waive any fees requiredfortheuse the Service.
2. Account Registration and Security Responsibilities
In order to trade (or sell, buy on UniMates platform) you enter a payment account (“Stripe Account”) with Stripe, Inc. (“Stripe”). In connection with creating an Account or a Stripe Account, you must provide specific information (“Registration Info”) and answer questions or fields marked “required.”Youagreeto: (a) provide valid, correct, up-to-date and complete Registration Data; (b) maintain and update such Registration Info to keep it valid and accurate; (c) consent to allow UniMates to contact you for the purpose of confirming some or all of your Registration Info, to conduct investigation if necessary.
3. Purchases From Other Users.
A buyer and seller transfer money using credit cards and other electronic payment methods (each an “Electronic Payment Method”) through the UniMates Service. The Service has integrated with Stripe, a payment processing service, that allows sellers to accept certain Electronic Payment Methods from buyers using Stripe’s payment processing services (“UniMates Payment”). All Users (Buyers and Sellers) use UniMates Payment and therefore, automatically register an Electronic Payment Method with UniMates that integrates with Stripe.
Stripe may impose its own limits and limitations on a seller’s use of the UniMates Payment. For instance, a seller’s enrollment in the UniMates Payment is subject to Stripe’s confirmation that the seller meets Stripe’s enrollment criteria. Sellers should refer to Section 2(d) below for information about the impact of failing to meet Stripe’s enrollment criteria.
i. Buyers. Purchases made using the UniMates Payment are made between the buyer and the seller after which they meet in person to complete the payment process (hand over the good or deliver/perform a service). When you initiate a payment through the UniMates Payment, the seller processes your Electronic Payment Method using Stripe’s payment processing service. UniMates does not facilitate any transactions including refunds or returns in any manner, except we provide an interface through which you can provide your Electronic Payment Method to Stripe to process on behalf of the seller. Should weinsertStripes refund process/rules?
ii. Sellers. By using the UniMates Payment to accept Electronic Payment Methods, you are entering into an agreement with Stripe subject to the terms of the Stripe Connected Account Agreement, which includes the Stripe Terms of Service. UniMates is not liable or responsible for the payment services provided by Stripe. If Stripe discontinues providing services in connection with the UniMates Payment, you authorize Stripe to share your payment method information with an alternative third-party payment processor that is or will be integrated into the UniMates Payment.
iii. Fees. You agree to pay the service fees (“Service Fees”) for the sales transactions you make using the UniMates Payment. The Service Fees include Electronic Payment Method processing fees to Stripe (2.9% +$0.30) and service fees to UniMates (2%+$0.50). UniMates keeps the right to change the Service Fees at any time with an appropriate notice.
iv. Receiving Your Money. Upon completion of a sale in which the buyer uses the UniMates Payment, if you have not previously set up a Stripe Account, then you must set up a Stripe Account in accordance with the requirements specified by Stripe to receive the payment via the UniMates Payment. STRIPE MUST ACCEPT YOUR APPLICATION TO USE THE UNIMATES PAYMENT BEFORE YOU CAN RECEIVE FUNDS (PROCEEDS) VIA THE UNIMATES PAYMENT. IF STRIPE REJECTS YOUR APPLICATION OR YOU FAIL TO SET UP A STRIPE ACCOUNT WITHIN 90 DAYS AFTER COMPLETION OF A SALE PROCESSED BY STRIPE THROUGH THE UNIMATES PAYMENT, THEN STRIPE MAY DISABLE OR LIMIT YOUR ABILITY TO RECEIVE SALES PROCEEDS VIA THE UNIMATES PAYMENT.
v. Acceptable Use Violations. YOUR RIGHT AND/OR ABILITY TO RECEIVE SALES PROCEEDS VIA THE UNIMATES PAYMENT MAY BE REVOKED, DISABLED OR LIMITED IF THE SALE VIOLATES FOR SALES THAT VIOLATE THE PROHIBITED ITEMS GUIDELINES.
vi. Additional Information. For additional information regarding the UniMates Payment, please email email@example.com.
vii. Final Transactions. ALL PURCHASES ARE FINAL, AND THERE ARE NO REFUNDS, UNLESS YOU AND THE SELLER OTHERWISE AGREE AND MAKE ARRANGEMENTS FOR A REFUND. UniMates is not responsible for facilitating refunds.
viii. Taxes. That is your responsibility to determine if any taxes apply to your transaction completed via UniMates Service, including, for example, sales, use, value added, and similar taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. UniMates is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from any transaction you complete via the UniMates Service.
4. Skills Exchange.
Besides advertisingandfacilitatingexchange of trade, UniMates Service offers a Service Feature (“SKILL”) that allows one user to perform an activity (service) on another upon their meet up. The Skill is considered executed upon the money transfer confirmation on both side of users. The funds exchange complies with the previous section 3 (“Purchases from other users”). UNIMATES IS NOT RESPONSIBLE FOR ANY SKILL PERFORMANCE, AND THEREFORE, DOES NOT HAVE A CONTROL FOR ANY OUTCOME OF IT.
5. Discontinuance of UniMates Service
UniMates may, in its sole discretion and without liability to you, change, discontinue, terminate, suspend or shut-down (temporarily or permanently) your use of Service at any time, without prior notice. Upon any such action by UniMates, you must immediately stop using the UniMates Service. You have the right to cancel your Account at any time
6. Acceptable Use
By accessing or usingUniMates app, you enter into an agreement not to violate any law, contract, intellectual property or other third-party right or commit a tort. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:
Engage in an unauthorized use of UniMates Service;
Transmit or otherwise make available any content that: (1) is illegal, or (2) may expose UniMates or its affiliates, licensors, or users to any harm or liability, or (3) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, unlawful, untrue, or otherwise has a questionable ethical consequences;
Upload, distribute, post, create, or otherwise sell or offer for sale anything that violates ourProhobited Items list and Servies.
Posting or transmitting any virus such as Worm, Trojan horse, Spyware or other computer code, files or programs are harmful or invasive or damageable or hijack the operation of, or to monitor the use of, any hardware, software or equipment the functionality of any computer software or hardware or telecommunications equipment;
Originate, send, deliver or distribute unsolicited commercial email or other messages through the UniMates Service;
Copy any portion of the UniMates Service or any underlying content or source code;
Try or attempt to discover or copy the source code to any software;
Access without authorization any networks, systems, or databases used in providing the UniMates Service or any accounts associated with UniMates Service, or to access or use any information therein for any purpose;
Violate any requirements, policies, procedures or regulations of any network connected to the UniMates Service;
Attempt to obtain the password, account, or other security information of another user; or use another person’s account without permission;
Falsely state, impersonate, or otherwise misrepresent your identity including your payment information for the UniMates Payment credentials, the information has to be legal (thus, your own) and valid;
Provide false inaccurate information during Account creation;
Use or attempt touseanotheruser’s Account without authorization;
Use the UniMates Service in anymannerviolatesafety of others including harassing, stalking, invading others privacy or causing harm to, any person;
Use the UniMates Service in any manner that exposes UniMates to any harm or liability;
Embed any third-party applications or services (businesses) that interact with the UniMates Service without prior written consent;
Use the UniMates Service to engage in any illegal or unauthorized purpose or to engage in, encourage, or promote activities that are unlawful, misleading, malicious or discriminatory, including, but not limited to violations of these Terms, illegal gambling, fraud,money-laundering, or terrorist activities;
Encourage or induce any third party to engage in any of the activities prohibited under this section.
If you violate any of the foregoing, UniMates authorities are in the legal right to suspend or terminate your right to access and use the UniMates Service immediately without notice, and you will have infringed UniMates’ intellectual property and other rights, which may subject you to prosecution and damages. UniMates also reserves the right to take any remedies it deems appropriate under the circumstances if you have purchased or sold items that are in violation of this (Section 6). UniMates reserves the right at all times to monitor, review, retain and disclose any information regarding your use of the UniMates Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. You also acknowledge and agree that UniMates is not responsible or liable for the conduct of, or your interactions with, any users of the UniMates Service (whether online or offline). Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the UniMates Service will not contain any content that is prohibited by these Terms.
7. User Content
When using UniMates, you are transmitting your personal information including information about yourself, materials, content, data, texts, messages, graphics (“User Content”) through the application by creating listings, setting up the profile and interacting with other users. UniMates reserves the right to remove, monitor or edit any User Content made available, posted, or stored on the UniMates Service at any time and for any reason without notice. Anything that you post may also be re-used for UniMates* social media posts or in other public accounts. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, disclose, or otherwise, publish through the UniMates Service any of the following:
Any User Content that is, UniMates consideration, disrespectful, has any harassment side or exposes UniMates or its Users or others to any harm or liability;
Any User Content that may undermine the patent, trademark, copyright, intellectual, privacy or proprietary right of any party;
Private information of any third parties, including addresses,phonenumbersand payment card information;
Viruses, harmful, or destructive files; or
User Content that inhibits any other person from using or enjoying the UniMates Service.
It is solely the User’s responsibility to maintain copies of listings, update and replace the User Content. You acknowledge and agree that UniMates is not responsible for any errors or omissions that you make in connection with the UniMates Service. By submitting or posting User Content, you hereby grant to UniMates a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name, company name, location and any other information you submit with the User Content, in connection with the UniMates Service. We have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy, or is somehow harmful to other Users.
With this contract you agree that UniMates may prevent or modify your access to and use of the UniMates Service in our sole discretion through any means (including, for example, blocking, deletion, verification, delay of posting, or termination of your personal access). Moreover, we have the right to remove any posting you make on the UniMates Service if, in our opinion, your post does not comply with the content standards set out in Sections 6 and 7 above, or any other rules, including the list of Prohibited Items. You agree not to bypass or attempt to bypass such moderation.
9. Third Party Services and Content
By using UniMates you are accessing, viewing and utilizing not onlytheUniMates, but also services provided by third parties, such as UniMates Payment Solution, links and other connected websites (Facebook) referred to as “Third-Party Content”. UniMates does not control, endorse or adopt any Third-Party Content and this is your acknowledgment and agreement that UniMates will have no responsibility for any Third Party Content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business or other dealings or correspondence with such third parties are solely between you and the listed third parties. UniMates is not liable for any damages or losses that might arise, or alleged to be caused, by or in connection with any such dealings, including the delivery, quality, safety, legality or any other aspect of anygood or services that you may purchase or sell to or from a third party.
You agree not to submit any feedback that is of illegal nature, offensive or otherwise violates any right of any third party, or breaches any agreement between you and a third party.
Any comments or materials sent to us becomes our sole property (including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the UniMates Service (collectively, "Feedback"), and is non-confidential. You waive any rights you may have to the Feedback (including any copyrights or moral rights).
11. Intellectual Property Rights
All content, materials, information, and other materials displayed, performed, contained or available on or through the UniMates Service, including, without limitation, the UniMates logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of UniMates, and are protected by U.S. and international copyright laws and other intellectual property rights laws.
All UniMates graphics, logos, buttons, icons, scripts, and everything found in the app of the UniMates service including names and trademarks may not be copied, imitated, or used, in whole or in part, without UniMates’s prior written consent. You agree that you will not use any trademark, product or service name of UniMates without our prior written consent, including without limitation any meta tags or other “hidden text” utilizing any trademark,productof service name of UniMates.
15. Suspension; Termination.
UniMates keeps the rights to revoke, edit or terminate your access or usage of the UniMates service for any reason without specific notifications at UniMates’ sole discretion. This includes the License if you:
(i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the UniMates Service or Materials, or any other UniMates product or service, or (iii) use the UniMates Service or the Materials other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the UniMates Service immediately if UniMates suspends or terminates your License to access or use the UniMates Service. UniMatesreservestheright, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the UniMates Service during suspension or after termination. Attorney’s charges and court costs may recover from you for such action. If your License to access the UniMates service is suspended and/or after it is terminated, the Terms will remain enforceable against you. It is possible for you to terminate your License to use or access the UniMates service by closing your account at any time. Questions regarding closing the account can be found in the FAQs.
16. Disclaimer of Warranties
A. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BYUS, THE UNIMATES SERVICE, THE MATERIALS, THE PAID SERVICES, AND ANY ITEMS SOLD BY USERS THROUGH THE UNIMATES SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TOTHEUNIMATES SERVICE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN, AND ANY ITEMS SOLD THROUGH THE UNIMATES SERVICE.
B. WITHOUT LIMITING THE FOREGOING, NEITHER UNIMATES NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE "UNIMATES PROVIDERS") REPRESENT OR WARRANT (I) THAT THE UNIMATES SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE UNIMATES SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR ERROR FREE; (II) THAT THE UNIMATES SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE UNIMATES SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE UNIMATES SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE UNIMATES SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH THE UNIMATES SERVICE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (VI) THAT THE UNIMATES SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE UNIMATES SERVICE ARE NON-INFRINGING; OR (VII) THAT ANY BADGE IS A REPRESENTATION AS TO THE IDENTITY, CHARACTER OR INTEGRITY OF ANY PERSON, BUSINESS, OR ENTITY THAT IS ASSOCIATED WITH A BADGE.
C. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE UNIMATES SERVICE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES OUTSIDE OF OUR REASONABLE CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE UNIMATES SERVICE.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
17. Assumption of Risk
A. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES (OTHER THAN IN CONNECTION WITH THE TRUYOU FEATURE DESCRIBED IN SECTION 4). YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARESOLELYRESPONSIBLEFOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH UNIMATES’ SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
B. COMMUNITY MEETUP SPOTS. COMMUNITY MEETUP SPOTS ARE LOCATIONS IN WHICH A THIRD PARTY (SUCH AS A POLICE DEPARTMENT OR LOCAL STORE) HAS AGREED TO POST A COMMUNITY MEETUP SPOT SIGN. WE ENCOURAGE THIRD PARTIES TO PLACE COMMUNITY MEETUP SPOTS IN WELL-LIT LOCATIONS, WITH SURVEILLANCE AND IN GENERALLY WELL-TRAFFICKED AREAS; HOWEVER,UNIMATES’ DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY COMMUNITY MEETUP SPOT, DOES NOT MONITOR COMMUNITY MEETUP SPOTS AND DOES NOT WARRANTY THEIR SAFETY OR CONDITION. YOUR USAGE OF COMMUNITY MEETUP SPOTS, AND ANY DISPUTE ARISING OUT OF THAT USAGE, INCLUDING AGAINST ANY THIRD PARTY POSTING A COMMUNITY MEETUP SPOT SIGN, REMAINS SUBJECT TO THE EXPRESS PROVISIONS IN SECTIONS 16-22 OF THESE TERMS OF SERVICE.
18. Limitation of Liability
A. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNIMATES OR THE UNIMATES PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE UNIMATES SERVICE OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE UNIMATES SERVICE OR MATERIALS, (II) ANY INABILITY TO USE THE UNIMATES SERVICE OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE UNIMATES SERVICE, EVEN IF UNIMATES OR THE UNIMATES PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM (Y) RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR (Z) THAT RESULT FROM EVENTS BEYOND UNIMATES’ OR THE UNIMATES PROVIDERS' REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO UNIMATES’ RECORDS, PROGRAMS OR SERVICES.
B. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OFUNIMATES OR THE UNIMATES PROVIDERS (JOINTLY), ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE UNIMATES SERVICE OR OTHERWISE RELATING TO THESE TERMS EXCEED THE GREATER OF (I) ANY COMPENSATION YOU PAY, IF ANY, TOUNIMATES FOR ACCESS TO OR USE OF THEUNIMATES SERVICE OR MATERIALS DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (II) $100 U.S. DOLLARS.
C. THE LIMITATIONS SET FORTH IN THIS SECTION 18 WILL NOT LIMIT OR EXCLUDE LIABILITY FORUNIMATES OR THE UNIMATES PROVIDERS' GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OR FRAUD.
You agree to hold harmless, defend and indemnify UniMates and the UniMates Providers from all liabilities, losses, damages, deficiencies, claims, causes of action, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the UniMates Service or Materials, including, without limitation, any actual or threatened suit, demand or claim made against UniMates or any UniMates Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of these Terms including without limitation your breach of any of your representations and warranties; (iii) your use of any of the UniMates Service or Materials; or (iv) any content that you store on or transmit through the UniMates Service. UniMates may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with UniMates in such event.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (INCLUDING A JURY TRIAL WAIVER) ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS)WITHUNIMATES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM UNIMATES (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).
A. Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 7 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and UniMates agree (1) to waive your and UniMates’ respective rights to have any and all Disputes arising from or related to these Terms, the UniMates Service or the Materials, resolved in a court, and (2) to waive your and UniMates’ respective rights to a jury trial. Instead, you and UniMates agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
B. No Class Arbitrations, Class Actions or Representative Actions. You and UniMates agree that any Dispute arising out of or related to these Terms, the UniMates Service or the Materials is personal to you and UniMates and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and UniMates agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and UniMates agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
C. Federal Arbitration Act. You and UniMates agree that these Terms affect interstate commerce and that the enforceability of this Section 20 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
D. Notice; Informal Dispute Resolution. You and UniMates agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of thedateitarises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to UniMates shall be sent by certified mail or courier to UniMates, Inc., Attn: UniMates Designated Agent, 401 West Kennedy Blvd Tampa 33606. Your notice must include (1) your name, postal address, telephone number, the email address you use or used for your Account, and, if different, an email address at which you can be contacted, (2) a description in reasonable detail of the nature or basis of the Dispute, and (3) the specific relief that you are seeking. Our notice to you will be sent to the email address you used to register for your Account, and will include (a) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that we are seeking. If you and UniMates cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or UniMates may, as appropriate and in accordance with this Section 20, commence an arbitration proceeding, or to the extent specifically provided for in section 20(A), file a claim in court.
E. Process. Except for Disputes arising out of or related to a violation of Section 7 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and UniMates agree that any Dispute must be commenced or filed by you or UniMates within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and UniMates will no longer have the right to assert such claim regarding the Dispute). You and UniMates agree that (1) any arbitration will occur in Tampa, Florida, (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the JudicialArbitrationandmediation Services (“JAMS”), which are hereby incorporated by reference, and (3) that the state or federal courts of the State of Florida and the United States, respectively, sitting in Tampa, Florida have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
F. Authority of the Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
G. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (1) acknowledge and agree that you havereadandunderstand the rules of JAMS, or (2) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
H. Severability. If any term, clause or provision of this Section 20 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms,clausesand provisions of this Section 20 will remain valid and enforceable. Further, the waivers set forth in Section 20(B) are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
I. Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 20bywritingto: UniMates, Inc., Attn: UniMates Designated Agent, 401 West Kennedy Blvd, Tampa FL 33606. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 21.
21. Governing Law; Venue.
These Terms, your access to and use of the UniMates Service and Materials shall be governed by and construed and enforced in accordance with the laws of Florida State without regard to conflict of law rules or principles (whether of the Florida State or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Florida and the United States, respectively, sitting in Tampa, Florida.
A. Entire Agreement; Order of Precedence. These Terms containtheentireagreement, and supersede all prior and contemporaneous understandings between the parties regarding the UniMates Service. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with UniMates for the UniMates Service or for any other UniMates product, feature, service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with UniMates, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
B. Amendments. We reserve the right to make changes or modifications to these Terms from time to time,in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email and/or by posting the amended Terms via the UniMates Service and updating the “Last Updated” date at the top of these Terms. All amended Terms will become effective immediately on the date they are posted to the UniMates Service unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of the UniMates Service after such changes become effective. Your continued use of the UniMates Service following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the UniMates Service.
C. Severability. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
D. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
E. Relationship. UniMates is an independent contractorforallpurposes, and is not your agent or trustee.
F. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from UniMates, including by operation of law or in connection with any change of control. UniMates may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
G. Headings. Headings of sections are for convenience only and will not be used to limit or construe such sections.
H. Survival. Sections 16 (Disclaimer of Warranties), 18 (Limitation of Liability), 19 (Indemnity), 20 (Arbitration), 21 (Governing Law; Venue), this Section 22 (Miscellaneous), and any other term that, by its nature, should survive, will survive any termination or expiration of these Terms
As a college student, we know how tempting it is to save and make money on everything you can think about. However, let’s be respectful to each other by sticking to the following community guidelines :)
UniMates is not just an app, it is a community that you share with your closest friends. Represent yourself fairly and accurately with no deceptions.
What you should NOT do on UniMates:
- Send messages that are intended to harass, intimidate, threaten, or danger another User;
- Post items that promote or support hate groups, or are of a factious nature
- Items that depict violence or anything that is illegal, discriminatory,orofcontradictory nature.
Overall, it is easy. Just make sure you do not post anything from the list below.
List of Prohibited Items
Anything that may cause psychological or emotional harm or that is prohibited by law.
Any item, product, or service that is regulated by the government.
Dangerous, unsafe items including Military items.
Alcohol, Drugs, Medical products including:
Controlled substances, drugs, drug paraphernalia, or dietary supplements.
Government assistance such as food stamps.
Pornography, erotic, or sexually explicit items/services.
Content in any way related to “adult” services, including sexual, escort,, or companion services, or related to sexual interaction or to prostitution.
And No Spam
Repeatedly post the same listing.
Mass messages sent without the intent of buying or selling items on UniMates.
Content that infringes the privacy or secrecy of communications or of personal data, the privacy rights of any party.
Content that could be considered marketing or advertising of third parties and non related activities without UniMates written consent.
Any content that is fraudulent or deceptive.
Please, do NOT post:
Anything misleading including photographs or descriptions of the item or service.
Misleading quantity, identity, or condition.
Anything that relates to any form of racism, violence, hatred, intolerance, or terrorism, or that infringes human rights or freedoms.
Content related to or recovered from any disaster, tragedy, or crime scene.
Content that violates someone else’s privacy or intellectual property (including patents, trademarks, copyrights, or trade secrets, of any party.
Content that could constitute harassment or could be abusive, harmful, or offensive to any party or another User.