2. Information Collected and Received
may collect or receive information about you when you register with the UBT Agency website or submit information , including, but not limited to, user name, password, first and last name, email address, street address, gender, occupation, interests, messages sent to other users, and any other data included in a submitted profile or resume. UBT Agency may collect information on the pages you access and other information you may volunteer, such as survey information, ratings, reviews, questions, and answers. UBT Agency may also record actions taken on its websites including, but not limited to, clicks, page views, IP address, and search queries. UBT Agency may store this information on its equipment or the equipment of third parties that it has a relationship with. Please note that emails, messages sent via your web browser, and other similar means of communication with other users are not encrypted. We strongly advise you not to communicate any confidential information through these means.
3. Uses of Information
UBT Agency uses industry-standard technologies when transferring and receiving consumer data exchanged between UBT Agency and other companies to help ensure its security. This site has security measures in place to protect the loss, misuse and alteration of the information under UBT Agency's control.
UBT Agency may create links to other websites. When you click on links on UBT Agency you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements. This includes websites listed on the Examples pages, which are merely samples of projects that we love and projects that were built using the tools that we love using. UBT Agency does not claim to be the owner of any intellectual property associated with these websites, the owner of these websites, or the creator of these businesses or websites. UBT Agency does not make any representations or warranties with respect to such third-party websites.
UBT Agency may amend this policy at any time. If UBT Agency is going to use personally identifiable information collected through UBT Agency's site in a manner materially different from that stated at the time of collection UBT Agency will notify users via email and/or by posting a notice on UBT Agency's website for 30 days prior to such use.
Except as expressly set forth herein, all payments are non-refundable. If payment is made using a credit card or if there are any periodic charges for publication of a site, those charges may be billed automatically to a credit card provided by Customer. Customer agrees to have credit card on file charged monthly by UBT Agency. Unless UBT Agency provides a written billing agreement listing otherwise, charges will be automatically billed to the credit card Customer designated during the enrollment process. UBT Agency reserves the right to collect and send to collection agencies any outstanding balance due 30 days after the payment due date. If Customer's credit card on file expires, Customer hereby gives UBT Agency permission to charge the credit card with a later expiration date to allow for continued payment of UBT Agency service. Customer may provide updated credit card information to UBT Agency verbally, and allows UBT Agency to use that information accordingly for continuation of service. In addition, a penalty fee may be incurred or cancellation may be initiated if Customer fails to update credit card information. Customer authorizes UBT Agency to collect any charges related to the service of Customer's account.
For split payments or one-time payments, the first payment or one-time payment is a non-refundable retainer. At a minimum, Customer agrees that the retainer fee fairly compensates UBT Agency for committing to provide the Services and turning down other potential similar projects/customers.
10. Payment Changes
Customer may designate another credit card at any time. In addition, a penalty fee may be incurred or cancellation may be initiated if Customer fails to update outdated or otherwise incorrect credit card information. Customer must notify UBT Agency 10 days prior to make any changes to billing information or charging procedures.
11. Refund Policy
All sales of all UBT Agency services are final. No refunds shall be given by UBT Agency or any other party, for any amounts paid for services, including, without limitation, any service charges or fees. Further, the Customer acknowledges and accepts the risk that UBT Agency, may not succeed in finding all Internet content about the Customer. The Customer also acknowledges and accepts the risk that UBT Agency may not succeed in effecting the removal and/or alteration of any Internet content about the Customer. No refunds shall be given by UBT Agency for any reason. Further, the Customer hereby acknowledges and understands that he or she foregoes the right to dispute credit card charges incurred with the Company on the grounds that the Company has failed to deliver satisfactory services.
UBT Agency may at any time and at its sole discretion terminate service to any Customer for any reason. If Customer initiates an inquiry or disputes charges for services, UBT Agency reserves the right to terminate the agreement between Customer and UBT Agency with no refund available. Customer may terminate their signed agreement at any time with a one-time termination fee of $999 or by paying the the remainder of their order commitment term (whichever is less).
13. Ownership of Non-customer Property
Title and full ownership rights in and to the services provided by UBT Agency, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to Utter Blue Technologies, LLC's operation of the UBT Agency network and website(s) (collectively, the "UBT Agency Materials"), shall remain at all times solely with UBT Agency. Customer acknowledges that it has not acquired any ownership interest in the UBT Agency materials and will not acquire any ownership interest in the UBT Agency materials by reason of this Agreement.
14. Customer Representation and Warranty
Customer represents and warrants to UBT Agency that for the term of this Agreement: this Agreement constitutes a valid, binding, and enforceable agreement in accordance with its terms; information or data that Customer(including its agents or representatives) has provided or will provide for UBT Agency Services is and will be both accurate and complete to the best of Customer's knowledge; Customer is the authorized owner or representative of the business for which UBT Agency Services will be performed; and, Customer's project will not violate any applicable law or regulation; does not infringe in any manner any third party rights, including, without limitation copyright, patent, trademark, trade secret, or other intellectual property right or right of privacy or publicity; is not false or misleading; has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind to any person or entity; is not defamatory, libelous, slanderous, or threatening; is free of viruses; does not contain, promote, or offer any form of spyware, adware, or other content or information collection software; and/or does not contain, link to or promote any of the following: violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
15. Customer Covenant
Customer further agrees to perform as follows: Customer will not hold UBT Agency or its affiliates liable or responsible for the activities of visitors who come to Customer's website(s) through UBT Agency Services. Customer agrees that it is solely responsible for any and all content or other materials that UBT Agency places on a site on customer's behalf. If Customer sells or promotes adult materials, alcohol, tobacco products, or other age restricted products and/ or services, Customer will: (i) have age verification on its sites home page and in the sales process in compliance with all applicable laws and regulations; and (ii) shall not offer such products and/or services in jurisdictions in which they are prohibited or are in any way restricted.
16. Customer Indemnification Obligations
Customer agrees to indemnify, defend, and hold harmless UBT Agency, its distribution partners, its licensors and licensees, and affiliated companies, and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation, reasonable attorneys' fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a "Claim") for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with UBT Agency Services performed on behalf of Customer, Customer's client's website(s) or contents therein, Customer's conduct, acts or omissions, or any alleged or proven breach by Customer of any term, condition, agreement, representation, or warranty herein, excluding any Claim that arises solely from the acts or omissions of UBT Agency or its agents or employees. UBT Agency will notify Customer of any claim, action, or demand for which indemnity is required in the reasonable opinion of UBT Agency and will cooperate reasonably with Customer at Customer's expense. At the election of UBT Agency, Customer shall advance to UBT Agency amounts in satisfaction of such Claim, which UBT Agency may hold in escrow pending resolution of such Claim. The law firm Customer chooses to defend UBT Agency must be experienced in defending similar claims and will be subject to UBT Agency's approval, which will not be unreasonably withheld. Customer may not settle any lawsuit or matter relating to the culpability or liability of UBT Agency without the prior written consent of UBT Agency. UBT Agency will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, UBT Agency shall have the right to set off any liability of Customer to UBT Agency with respect to a Claim against any amounts held on deposit with UBT Agency by Customer.
17. Third Party Services Are Not UBT Agency Services
works with a number of partners and affiliates. UBT Agency is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party service provider. UBT Agency makes no guarantees about the content or quality of the products or services provided by such Third Party service providers. You agree and consent to UBT Agency registering you for Third Party services for a fee additional to and separate from the fees you pay UBT Agency. UBT Agency is not responsible for webcasting or any other form of transmission of Third Party service provider. UBT Agency is providing these services to you only as a convenience, and the inclusion of any added service to your business through UBT Agency does not imply endorsement by UBT Agency of the Third Party service provider. You acknowledge that you bear all risks associated with access to and use of services provided by Third Party service provider and agree that UBT Agency is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the Third Party service provider if you have any concerns regarding services or membership with Third Party service providers.
18. Limitation of Liability and Warranty Disclaimer
Customer acknowledges and agrees that it will not hold UBT Agency or any third-party suppliers liable for any errors in content, omissions, consequences, damages, costs, refunds, or rebates of any kind arising from any interruption of service or other unavailability of the Internet or website(s) in which the projects are published for whatever reason. UBT Agency makes no representations or warranties relating to the results of UBT Agency Services, including without limitation, the number of impressions or click-through and any promotional effect or return on investment thereof. As UBT Agency relies on third parties for certain data, UBT Agency makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics. In no event shall UBT Agency be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
19. Force Majeure
Neither Customer nor UBT Agency will be in breach of its obligations under this Agreement (other than obligations to pay monies due) in the event that, for cause or causes beyond its reasonable control, such party is unable to perform, in whole or in part, any one or more of its obligations under this agreement. Such causes will include, but not limited to, labor disputes, governmental regulations or controls, fire or other casualty, inability to obtain materials or services, technical failure or difficulties, problems or interruptions with the Internet, computer viruses, snow storms, hurricanes or other acts of God, insurrection, or any other cause not within the reasonable control of UBT Agency or Customer.
20. Entire Agreement
This Agreement between UBT Agency and Customer supersedes any other oral or written agreements regarding the UBT Agency services specified in this agreement. Neither Customer nor any agent of UBT Agency may amend these terms and conditions or add any provision to or delete any provision from this Application or any addendum, and any such amendments, additions or deletions are void. No oral or written representation made by any person that purports to modify this agreement is binding on Utter Blue Technologies, LLC. Moreover, Customer confirms that Customer has not relied upon any such representation in entering into this Agreement.
In the event that any of the provisions of this Agreement are held to be unenforceable by a court or arbitrator, the remaining portions of the Agreement will remain in full force and effect. Any enforcement related to this contract shall be venue in Los Angeles County, California.
22. Governing Law
Customer and UBT Agency agree that this agreement and all disputes relating to this agreement will be governed by and interpreted according to the laws of the State of California.
The person submitting credit card information or subscribing to serve hereby certifies that he or she is either Customer, or that he or she has been lawfully authorized to submit Agreement and authorize UBT Agency services on behalf of Customer.
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number provided on our website:
– Change/correct any data we have about you.
– Express any concern you have about our use of your data.