The following are terms of a legal agreement between you ("you", "the customer") and UBITQUITY, LLC ("UBITQUITY", "us", "we"). By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. UBITQUITY™ is governed by the laws of the State of Delaware in the United States of America. If you do not agree to these terms, do not use this web site. This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. UBITQUITY™ may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. UBITQUITY™ assumes no responsibility regarding the accuracy of the information that is provided by UBITQUITY™ and use of such information is at the recipient's own risk. UBITQUITY™ provides no assurances that any reported problems may be resolved with the use of any information that UBITQUITY™ provides. By furnishing information, UBITQUITY™ does not grant any licenses to any copyrights, patents or any other intellectual property rights. UBITQUITY™ does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to UBITQUITY™ will be deemed NOT to be confidential. By sending UBITQUITY™ any information or material, you grant UBITQUITY™ an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that UBITQUITY™ is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
ELIGIBILITY TO USE UBITQUITY™ PLATFORM
UBITQUITY™ may not make our services and platform available in all markets and jurisdictions, and may restrict or prohibit use of our services and platform from foreign jurisdictions outside of the United States of America and Canada. If you are registering to use our services and platform on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
You further represent and warrant that you:
- are of legal age to form a legally binding contract (at least 18 years old in the U.S.);
- have full power and legal authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party;
Information UBITQUITY™ publishes on the World Wide Web (WWW) may contain references or cross references to UBITQUITY™ products, programs, platform and services that are not announced or available in your country. Such references do not imply that UBITQUITY™ intends to announce such products, platform, programs or services in your country. UBITQUITY™'s obligations with respect to its products, platform, and services are governed solely by the agreements under which they are provided. If you obtain a product or service from UBITQUITY™ off this web site that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk. Business Relationships UBITQUITY™ makes no representations whatsoever about any other Web site which you may access through this one. When you access a non-UBITQUITY™ Web site, even one that may contain the UBITQUITY™ logo, please understand that it is independent from UBITQUITY™ and that UBITQUITY™ has no control over the content on that Web site. In addition, a link to a non-UBITQUITY™ Web site does not mean that UBITQUITY™ endorses or accepts any responsibility for the content, or the use, of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, rootkits, and other items of a destructive nature.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 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 TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
Any delay or failure in the performance by either you or UBITQUITY™ hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For purposes of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control UBITQUITY™ including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage, terrorism, cyber attack (i.e. DDoS), vandalism, accident, restraint of government, governmental acts, injunctions, labor strikes, and other like events that are beyond the reasonable anticipation and control of you or UBITQUITY™ affected thereby, despite UBITQUITY™'s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to UBITQUITY™'s failure to perform its obligations under this Agreement. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you. UBITQUITY™ may at any time revise these terms by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
No portion of this service may be reproduced in any form, or by any means, without prior written permission from UBITQUITY™. The logos and content displayed on as part of the Website are the property of UBITQUITY™ or other third parties. Users are not permitted to use these copyrighted works without our prior written consent or the consent of such third party which may own the content. Unless otherwise specified in these Terms, all information and screens appearing on the Website, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of UBITQUITY™. UBITQUITY™ and users and customers (within the United States of America) are bound by the laws of the Digital Millennium Copyright Act (DMCA) (http://lcweb.loc.gov/copyright/legislation/dmca.pdf).
No Returns or Refunds
All sales and purchases via the UBITQUITY™ Platform are final. UBITQUITY™ does not accept any returns or provide refunds.
Fees & Payment of Fees
You agree to pay UBITQUITY™ the fees for the use of our service or platform. Our fees may change from time to time, and written notice will be given 14-30 days prior to the changes taking effect. You authorize UBITQUITY™, or our payment processor, to charge or deduct your account for any applicable fees owed related to your use of the UBITQUITY™ Platform (Deeds).
Customer Contact Information
You are responsible for keeping your contact information up to date; such as e-mail address, phone number so that UBITQUITY™'s staff can communicate with you. If we are unable to communicate with you via one of the aforementioned methods because your e-mail address or mobile phone are incorrect or invalid, we reserve the right to temporarily suspend your services. You understand and agree that if UBITQUITY™ sends you a electronic communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, it is agreed that UBITQUITY™ will be deemed to have provided the communication to you.
KYC (Know-Your-Client) and AML (Anti Money Laundering) Policies
UBITQUITY™ is committed in providing secure, compliant, and reputable service to our valued clients. UBITQUITY™ insists on a comprehensive and thorough KYC (Know-Your-Customer) and AML (Anti Money Laundering) compliance. This includes the monitoring of suspicious transactions and obligatory reporting to local regulators, compliance authorities, and other compliance bodies/authorities in the proper jurisdiction. UBITQUITY™ reserves the right to refuse to offer business to anyone or any business in any jurisdictions that do not meet international AML standards (including Enhanced Due Diligence - EDD) or could be considered as a Politically Exposed Person (PEP). UBITQUITY™ reserves the right to thoroughly verify our users and their transactions. In addition to this, any attempt to abuse UBITQUITY™ or its platform will result in account suspension, termination, and the refusal to use our platform in the future.
The UBITQUITY™ AML and KYC policies per regional jurisdiction are as follows:
Other Regions and Jurisdictions
We disallow registered users our service to be outside of the United States of America, Canada, or other commonwealth countries. Registered users from all regions and jurisdictions are not allowed to utilize the UBITQUITY™ service.
Forms of verification required:
- Submission of certified copies of both ID and proof of address. Valid ID includes a passport, Drivers License, State or Provincial ID. We reserve the right to refuse an ID if it appears doctored, expired, or not valid. A valid proof of address includes utility bills (Internet, Power, Water). Other forms of identification and address verification will not be accepted by UBITQUITY™.
When utilizing the UBITQUITY™, you agree your usage will not violate any laws, intellectual property (IP), existing contracts, and that you will responsibly use the UBITQUITY™ service and platform. By using the UBITQUITY™ Service you agree that you will not:
- Use the UBITQUITY™ site and platform in any manner that could disrupt other customers from enjoying the UBITQUITY™ service, or that could impair, damage, or otherwise interrupt the functioning of the UBITQUITY™ service in any manner;
- Use UBITQUITY™ to, support or otherwise engage in fraud; money-laundering; or terrorist activities; or any other illegal, or unlawful activities;
- Use any robot, scraper, spider, or other automated means or interface not provided by us to access the UBITQUITY™ service or to extract data;
- Attempt or successfully access another customer's account without written permission;
- Use any third party applications that interact with the UBITQUITY™ service or Platform without UBITQUITY™'s prior written consent.
This page, the entire UBITQUITY™ site, images / documents are Copyright © 2016-2017 by UBITQUITY, LLC. All Rights Reserved.
- Revised: Wednesday, September 27, 2017