Terms and Policies
The following list holds each of the articles that constitute the terms and policies of Umatone.
If you have any questions you can contact us at email@example.com.
A cookie is a small text file which is placed onto your device (e.g. computer, smartphone or other electronic device) when you visit our website to store a range of information, for example, your language preference, or browser and device you are using to view the website. Those cookies are set by us and called first-party cookies. We also use third party cookies, which are cookies from a domain different from the domain of our website, for our advertising and marketing efforts.
Session cookies expire each time you close your browser and do not remain on your device afterwards. These cookies allow our website to link your actions during a particular browser session.
Persistent cookies will remain on your device for a period of time, and will expire on a set expiration date, or when you delete them manually from your cache. These cookies are stored on your device in between browser sessions and allow your preferences and actions across our website to be remembered.
You may visit our website without revealing any personal information. With every visit on the website, the web server stores automatically only a so-called server log file which contains e.g. the name of the requested file, your IP address, the date and time of the request, the volume of data transferred and the requesting provider (access data), and documents the request. These access data are analyzed exclusively for the purpose of ensuring the smooth operation of the website and improving our offer. Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.
All data collected by Umatone will be stored exclusively in secure hosting facilities. Umatone has a data processing agreement in place with its provider, ensuring compliance with the Directive. All hosting is performed in accordance with the highest security regulations.
WHAT DATA DO WE COLLECT ABOUT YOU AND FROM WHAT SOURCES?
We receive almost all of your personal data from you. You provide us with sample information directly, for example, by filling in registration forms and purchasing data. We also receive your data directly from you when you submit a query in any of the ways you choose: by writing us an email, by submitting a written request to us, calling our customer support line, and so on. We process your personal data with your consent, expressed at the moment of registering on the Website and at the moment of confirming a transaction made on the Website. Your consent to the processing of your personal data is completely voluntary, but failure to give the consent makes it impossible to register on and shop through the website. We use the data that you disclose to us to perform the contract and process your enquiries according to art. 6 (1) 1 lit b GDPR. If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We may collect the following categories of personal data about you:
Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyze your use of our website and other online services, to administer and protect our business and website, to deliver relevant content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free giveaways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which are to grow our business.
We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at firstname.lastname@example.org.
We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offenses.
HOW LONG DO WE HANDLE AND STORE YOUR DATA?
Upon completion of the contract or deletion of your customer account, any further processing of your data will be restricted, and your data will be deleted upon expiry of the retention period applicable under relevant regulations, unless you expressly consent to the further use of your data or we reserve the right to further use your personal data in the scope and manner permitted by law. If there is a likelihood of a legal dispute, we may keep your data longer, until the statutory limitation period for lodging a complaint or action is due and / or the final decision is finalized. Upon deletion our systems will only retain such archival information about your transactions where data retention is related e.g. to any claims you may have, for instance under statutory warranty or in connection with the legislation binding upon us (e.g. commercial and tax retention periods).
HOW WE USE YOUR DATA?
Our website may be used and accessed without telling us who you are. However, some services may require you to provide us with personal data. We use the information that we collect to operate and maintain our site, process your orders, send you marketing communications, respond to your questions and concerns. We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. We do not carry out automated decision making or any type of automated profiling.
HOW WE SHARE YOUR PERSONAL DATA?
We disclose your data to the shipping company in the scope required for the delivery of the ordered goods according to art. 6 (1) 1 lit. b GDPR. Depending on the payment service provider you have selected during the ordering process, we disclose the payment details collected for order processing purposes to the bank commissioned to handle the payment and, as the case may be, to the payment service provider commissioned by us or to the selected payment service. Some of those data are collected by the selected payment service providers themselves if you open an account with them. In such a case, during the ordering process, you must register with your payment service provider using your access data. In this respect, the privacy notice of the relevant payment service provider applies. In addition, we may have to share your personal data with the parties set out below:
Service providers who provide IT and system administration services;
Professional advisers including lawyers, bankers, auditors and insurers;
Government bodies that require us to report processing activities;
Third parties to whom we sell, transfer, or merge parts of our business or our assets;
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
HOW AND IN WHICH TERRITORIES AND JURISDICTIONS DO WE HANDLE YOUR PERSONAL?
Your information collected through the Umatone’s website and platform may be stored and processed in the United States, Europe, or any other country in which Umatone or its subsidiaries, affiliates or service providers maintain facilities. Umatone may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. For example, some of our third-party providers may be located outside of the EU. Where this is the case we will take steps to make sure the right security measures are taken so that your privacy rights continue to be protected as outlined in this policy. By submitting your personal data, you’re agreeing to this transfer, storing or processing. Where our third-party suppliers are in the US we have ensured that their services fall under the “Privacy Shield” whereby participating companies are deemed to have adequate protection and therefore facilitate the transfer of information from the EU to the US.
HOW WE PROTECT YOUR DATA?
Any information stored on Umatone’s platform is treated as confidential. All information is stored securely and is accessed by authorized personnel only. Umatone implements and maintains appropriate technical, security and organizational measures to protect personal data against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure. We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. Our suppliers are carefully selected, we require them to use appropriate means to protect your confidentiality and to ensure the security of your personal information. However, the security of information transmission over the Internet or mobile communications can not be guaranteed; any communication to us of you in the manner indicated is at your own risk.
In the event that personal information is compromised as a breach of security, Umatone will promptly notify our customers in compliance with applicable law.
Our lawful ground of processing your personal data to send you marketing communications is your consent. Under the Privacy and Electronic Communications Regulations and the GDPR, we may send you marketing communications from us if you asked for information from us about our goods or services or you agreed to receive marketing communications. You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you OR by emailing us at email@example.com at any time. If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
WHAT RIGHTS DO YOU HAVE FOR DATA PROTECTION LAW AND HOW CAN YOU USE THEM?
The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below:
Right of access by the data subject pursuant to Art. 15 GDPR
Right to rectification pursuant to Art. 16 GDPR
Right to erase (“right to be forgotten”) pursuant to Art. 17 GDPR
Right to restriction of processing pursuant to Art. 18 GDPR
Right to be informed pursuant to Art. 19 GDPR
Right to data portability pursuant to Art. 20 GDPR
Right to withdraw a given consent pursuant to Art. 7 (3) GDPR
Right to lodge a complaint pursuant to Art. 77 GDPR
ENFORCEMENT AND DISPUTE RESOLUTION
In compliance with the EU-US and Swiss-US Privacy Shield Principles, Umatone commits to resolve complaints about your privacy and our collection or use of your personal information. EU and Swiss Data Subjects with questions or concerns about the use of their Personal Data should contact us at: firstname.lastname@example.org.
RIGHT TO OBJECT
You have the right to object Umatones’s processing your data even if it is based on our legitimate interests, the exercise of official authority, direct marketing and statistics. If you want us to restrict processing of your data, please contact us at: email@example.com. If you exercise your right to object, we will stop processing the data concerned, however, we reserve the right to further processing if we can prove compelling reasons worthy of protection for processing which outweigh your interests, fundamental rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
POLICY VALIDITY AND CHANGES
This Policy applies from 24th May, 2019. If we change this Policy, we will announce its updated version on this page.
This Money-back Guarantee Policy (the “Refund Policy”) applies to the purchases made on Umatonewebsite.
Generally, the fees you have paid for the Services, are non-refundable and/or non-exchangeable, unless otherwise is stated in this Refund Policy or is required by applicable law.
EU residents:If you are an EU resident, you have the right to withdraw from service agreement without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion, unless you provided consent to an immediate agreement performance. You hereby expressly consent and acknowledge that the performance of the agreement begins immediately and that you will lose your right of withdrawal from the agreement once our servers validate your purchase and the applicable purchase is successfully delivered to you. Therefore, if you cancel the purchase for any reason within 14 calendar days from the date of purchase, you will be entitled only to a proportionate refund.
However, we decided to provide you an opportunity to receive a refund (the “Voluntary Refund”) if you meet the conditions set out below.
You are eligible to receive a Voluntary Refund if you did not get visible results with our personalized meal plan and all of the following conditions are met:
- you contact us within 30 days after you purchased our personalized weight loss kit; and
- you have followed our personalized meal plan at least during 14 consecutive days within the first 30 days after the purchase; and
- you are able to demonstrate that you have followed the personalized meal plan pursuant to the requirements stated below in Section “How to demonstrate that you have followed the plan”.
We will review your application and notify you (by email) whether your application is approved. If the application is approved, your refund will be processed, and a credit will be automatically applied to your credit card or original method of payment, within 14 days from the date of application.
If you contacted our support team to cancel your subscription and haven’t provided information on your account, and you were charged during the investigation period, we won’t be able to make a refund.
How to demonstrate that you have followed the plan
You can demonstrate that you have followed the personalized meal plan only if:
- you provide photos or/and videos of meals, which you have prepared/ordered according to our personalized meal plan; and
- the meals were made according to the recipes provided by us in your personalized meal plan.
For the avoidance of doubt, the minimum number of meals depicted in your photos/videos should be equal to the aggregate number of meals made available to you in a personalized meal plan provided by us. For example, if your plan includes 6 meals a day, the total minimum number of the meals on the photos should be at least 84 (6 x 14).
Please note that only fulfillment of the above requirements allows you to receive a Voluntary Refund under “100% Money-back guarantee”. For the sake of clarity, this “100% Money-back guarantee” does not apply to any other instances, including, but not limited to, the following cases:
- some of the ingredients from the personalized meal plan are not available in the place of your residence;
- you think that you do not (1) have enough time to cook the meals contained in the personalized meal plan, (2) possess sufficient skills to prepare some of the meals;
- you do not have some of the utensils or/and equipment required for the preparation of meals contained in the personalized meal plan.
The Refund Policy is incorporated into, and is subject to the Terms of Service unless otherwise provided for therein.
Last updated: 5 April 2021
- Free trial
There are cases when we offer a free trial subscription for our services at Umatone. However, unless the services are canceled 24 hours before the end of your free trial, you will be charged automatically for the extended period. The charge depends on your initially chosen subscription period.
The subscription begins from the first payment and renews automatically at the end of each period (each week, month, 3 months, or otherwise, depending on the option selected by you at the time of purchase) until you cancel.
- Payment method
Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase. You authorize us to charge the applicable subscription fees to the payment method that you submit.
Canceling your subscription means that the automatic renewal will be disabled, but you will still have access to all your subscription features for the remaining time of your then-current period.
If you purchased a subscription or enabled free trial on our website: You can cancel a free trial or a subscription by contacting our support (firstname.lastname@example.org) at least 24 hours before the end of the free trial or then-current subscription period.
To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on the app and/or by sending you an email notification, or in other prominent way. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect.
If you purchased a subscription or enabled free trial on our website: Please refer to our Refund Policy.
If you have any questions in relation to the subscription terms, please contact us at email@example.com
Last updated: 03 November 2020
These terms and conditions of service (“Terms of Service”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Umatone., including the umatone.com website, as well as the services (“Services”) available to users through the Site. Umatone.com (“we,” “us,” and “our”) provides non-medical services to consumers related to digital healthy customized meal planning, recipes, and grocery lists.
LEGALLY BINDING AGREEMENT; AMENDMENTS
- Your access and use of the Service constitute your agreement to be bound by these Terms of Service (the “Terms”), which establishes a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.
- Any translation from English version is provided for your convenience only. In the event of any difference in meaning or interpretation between the English language version of these Terms available at https://umatone.com/privacy-policyand any translation, the English language version will prevail.
- It is your responsibility to periodically review these Terms to stay informed of updates.
- IMPORTANT DISCLAIMERS
- Umatone website does not offer or provide any kind of medical advice, health insurance or other healthcare service, including without limitation, any counseling, testing, evaluation, prescription, procedure or therapy related to exercise, nutrition, weight loss or wellness or related to the avoidance, prevention, diagnosis or treatment of any injury, illness, disease or condition (collectively, “healthcare services”).
- The service may not be appropriate for all persons and is not a substitute for professional healthcare services. The service is intended only as a tool, which may be useful in achieving your overall health and fitness goals. You acknowledge that your exercise activities involve risks, which may involve risk of bodily injury or death, and that you assume those risks. Before accessing or using the service, and agree to release and discharge the company from any and all action, known or unknown, arising out of your use of the service.
- Umatone website not assume any liability for inaccuracies or misstatements about food recipes, exercices or other content on the service. You should carefully read all information provided by the manufacturers of the food products, whether online or on the actual product packaging and labels, including nutrient content, ingredients, food allergen and contact information, and health claims, before using or consuming a product. For additional information about a food product, please contact the manufacturer directly.
- We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. The testimonials and examples that may be provided on the service are exceptional results, which do not apply to an average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results. There is no assurance that examples of past fitness results can be duplicated in the future. We cannot guarantee your future results and/or success. Nor can we guarantee that you maintain the results you experience if you do not continue following our programs.
- USE OF SERVICE; AGE RESTRICTIONS
- In order to use the Service, you must provide certain information about yourself.
- If you use the Service, you represent and warrant to the Company that: (i) all required information you submit is truthful and accurate; (ii) your use of the Service does not violate any applicable law or regulation or these Terms. Otherwise, the Service may not operate correctly, and we may not be able to contact you with important notices.
- The Service is not intended to be used by individuals under the age of 16. You hereby represent and warrant to the Company that you meet the foregoing qualification. All users who are minors in the jurisdiction in which they reside (generally under the age of 16) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.
- The Company reserves the right to suspend or terminate your use of Service, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
- By using the Service, you agree to receive certain communications, such updates on the Service or a periodic e-mail newsletter from the Company. You can opt-out of non-essential communications by unsubscribing from the email notification.
- The Service may be modified, updated, interrupted or suspended at any time without notice to you or our liability.
- USER REPRESENTATIONS
- By using the Service, you represent and warrant that:
- you have the legal capacity and you agree to comply with these Terms;
- you are of legal age as established by your respective state or country of residence;
- you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Service;
- you will not access the Service through automated or non-human means, whether through a bot, script or otherwise;
- you will not use the Service for any illegal or unauthorized purpose;
- you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country;
- you are not listed on any U.S. government list of prohibited or restricted parties; and
- your use of the Service will not violate any applicable law or regulation.
- you own all rights, including the intellectual property rights, to your User Content, and your User Content does not infringe the intellectual property rights, privacy rights and other legal rights of third parties.
- If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).
- You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- As a user of the Service, you agree not to:
- systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- make any unauthorized use of the Service;
- make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
- use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
- make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
- use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
- use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
- circumvent, disable, or otherwise interfere with security-related features of the Service;
- engage in unauthorized framing of or linking to the Service;
- interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
- attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
- upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;
- use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
- use the Service in a manner inconsistent with any applicable laws or regulations; or
- otherwise infringe these Terms.
- By using the Service, you represent and warrant that:
- PAYMENTS AND REFUNDS
- Certain features of the Service may be offered for a fee. You can make a purchase directly from the Company’s website.
- To the maximum extent permitted by applicable laws, we may change Purchase fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on the Service or by sending you an email notification.
- There are cases when we offer a free trial subscription for our services at Umatone. However, unless the services are canceled 24 hours before the end of your free trial, you will be charged automatically for the extended period. The charge depends on your initially chosen subscription period.
- The subscription begins from the first payment and renews automatically at the end of each period (each week, month, 3 months, or otherwise, depending on the option selected by you at the time of purchase) until you cancel.
- Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase. You authorize us to charge the applicable subscription fees to the payment method that you submit.
- Canceling your subscription means that the automatic renewal will be disabled, but you will still have access to all your subscription features for the remaining time of your then-current period.
- If you purchased a subscription or enabled free trial on our website: You can cancel a free trial or a subscription by contacting our support (firstname.lastname@example.org) at least 24 hours before the end of the free trial or then-current subscription period.
- If you purchased a subscription or enabled free trial on our website: Please refer to our Refund Policy. If you have any questions in relation to the subscription terms, please contact us at email@example.com
- We reserve the right, in our absolute discretion, to modify or terminate any trial offer, your access to the Service during the trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple trials.
- Purchase within the Service can be performed by using any acceptable payment method accepted by the Service.
- To the extent permitted by applicable law, purchases made via our website are non-refundable and/or non-exchangeable, unless otherwise is stated herein or is required by applicable law. Note for the EU residents: If you are an EU resident, you have the right to withdraw from agreement for purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion.
- USER DATA
- TERM AND TERMINATION
- These Terms shall remain in full force and effect while you use the Service. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the service (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or of any applicable law or regulation. We may terminate your use or participation in the service, without warning, in our sole discretion.
- MODIFICATIONS AND INTERRUPTIONS
- We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you.
- We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
- We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.
- You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.
- Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
- MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER.
We will try to work in good faith to resolve any issue you have with Site, including without limitation, Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction
You and Umatone agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Service or your use of the Site, including without limitation, Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Services, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Umatone are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Services and any other contractual relationship between you and Umatone.
- There may be information at the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at the Service at any time, without prior notice.
- The service, the materials on the service, and any product or service obtained through the service is provided on an “as-is” and “as-available” basis. You agree that your use of the service will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the service and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- We make no warranties or representations about the accuracy or completeness of the service’s materials or the content of any websites linked to this service and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (3) any unauthorized access to or use of secure servers we use and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the service, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the service by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the service.
- You understand and agree that any material or information downloaded or otherwise obtained through the use of the service is done at your own risk and that you will be solely liable for any damage arising from doing so. No advice or information whether spoken or written, obtained by you from us or through the service will create any warranty not expressly made in these terms.
- LIMITATION OF LIABILITIES
- IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM OR IN CONNECTION WITH THESE TERMS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR 100.
- YOU AND WE 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
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, contractors and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Service; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.
- Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- CONTACT DETAILS
If have any questions regarding the Service, you may contact us at: firstname.lastname@example.org.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last updated: 01 July 2020
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