Last updated: July 7th, 2023
Welcome to UltimateKidsExperience!
“UKE”, “We”, “Our”, or “Us” shall mean Ultimate Kids Experience, LLC. which owns and operates the 3rd Party Web Based Platform “Ultimate Kids Experience,” an online platform offering premium activities and experiences packages (both virtually and in-person) through its contracted providers for Customers on the web site located at URL: https://www.ultimatekidsexperience.com.
“You”, “Your” or “User” shall mean the person or individual who uses the UKE Platform at any time for any reason whatsoever.
“Platform” shall mean the 3rd Party Web Based Platform “Ultimate Kids Experience,” located on the web site URL: https://www.ultimatekidsexperience.com.
“Customer” shall mean a child(ren), whom, through his or her biological parent or legal guardian, or any person over the age of eighteen (18), books a Package Offer provided by Provider through the use of the UKE Platform.
“Provider(s)” shall mean UKE’s contracted Provider(s) which provide their Experiences to Customers upon Booking through use of the Platform.
“Package Offer” shall mean a group of Sessions of which the description, price and dates of service have been mutually agreed upon between UKE and one of its contracted Providers, to be offered on the UKE Platform to Customers for Booking.
“Recap Grid”, shall mean a brief summary of a Package Offer that is posted on the Platform, which includes the name of the Experience, the minimum and maximum attendance requirement for the Package Offer, whether a waiting list is available to Customers, the age range, the number of Sessions, the timeframe of Sessions, the price of the Package Offer, the dates and timeframe of each Session, and the payment and cancellation conditions.
“Session” or “Experience” shall mean any singular activity or experience offered and provided by one of UKE’s contracted Providers through the Platform which is booked by a Customer and which Customer participates in after Booking.
“Book” “Booking”, “Booked” shall mean the booking, including payment by Customer for a Package Offer on the UKE Platform.
DESCRIPTION OF SERVICE
SCOPE OF AGREEMENT
You will be required to register with UKE in order to access and use any and all features of the UKE Platform (such as booking Package Offers) and the Services. If You are registering on behalf of a third party or company, by registering You agree that You have the requisite authority, by law, to register on behalf of such company. You must be of legal age to register for the Services.
ACCOUNT, PASSWORD AND SECURITY
You are responsible for creating Your account, including but not limited to the Username and Password required for access to the UKE Platform which can be created through use of the Site. You agree and acknowledge that Your login (Username and Password) may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins (“Account Users”) for different Customers, but not multiple for a single Customer.
You are responsible for maintaining the confidentiality of Your password and account, if one has been created through use of the Site, and are fully responsible for any and all activities that occur through the use of, or related to Your account, whether or not made with Your knowledge or authority. You further agree that You are solely responsible for Your secure use of the Service, including securing account authentication credentials, setting the necessary permission levels and taking any appropriate steps to securely store any data that You download from the Service.
You agree to (a) immediately notify UKE, or any of its representatives of any unauthorized use of your Username, Password, or account, or any other breach of security regarding same; and (b) ensure that you exit or log out of your account at the end of each sessions when accessing the Site. To the extent permitted by law, You indemnify and hold harmless UKE and its agents and employees from any and all claims, damages, losses, and expenses, including but not limited to attorneys’ and experts’ fees, arising out of the unauthorized use of your Username, Password, or account, or any other breach of security regarding same, Your failure to exit or log out of your account at the end of each sessions when accessing the Sitek or any other failure to comply with this section. UKE agrees to notify You by email of any and all changes that may/could affect Your UKE Account, until you unsubscribe from such email or successfully delete Your UKE Account through use of the Site.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that UKE may establish general practices and limits concerning use of the Site/Platform, including without limitation the maximum period of time that data or other content will be retained by UKE or the Site/Platform, and the maximum storage space that will be allotted on UKE’s servers on Your behalf. You agree that UKE has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the UKE or the Site/Platform. To the extent permitted by law, You indemnify and hold harmless UKE and its agents and employees from any and all claims, damages, losses, and expenses, including but not limited to attorneys’ and experts’ fees, arising out of the deletion or failure to store any data or other content maintained or uploaded by the UKE or the Site/Platform. You acknowledge that UKE reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that UKE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
ONLINE CLASS OR ACTIVITY RECORDINGS:
When You join the UKE community, You agree to follow UKE’s policies, including UKE’s community standards. Those expectations include thoughtful and professional communications with the UKE community (colleagues, parents, children), modeling appropriate behavior for UKE learners, and acting professionally. In addition, You agree to use social media, blogs, and other online forums, in an appropriate manner. Inappropriate behavior in any UKE-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that UKE, in its discretion, believes to be unconducive to a respectful and welcoming community for all. Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media on UKE’s behalf without prior written authorization from UKE; posts that UKE, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about learners, Providers, parents, or UKE staff, even if the target is not identified by name; sharing any private material, communication, or information regarding parents of learners, including but not limited to students’ or parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to UKE’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of UKE’s community standards.
Customer Books Sessions or Package Offers by selecting same through use of the UKE Platform. More specifically, Customer logs onto the Platform, selects a Package Offer and makes payment for the Package Offer using the forms for taking payment made available to the Customer by UKE on the Platform.
The Customer (or if minor child, the parent or legal guardian of the Customer) agrees to make payment for any and all Package Offers, classes, activities and other experiences through use of the Payment Section of the UKE Platform. Payment shall be made in the currency specified on the UKE Platform at the time of Customer’s Booking of the Package Offer, class, activity or other experience. Customer (or if minor child, the parent or legal guardian of the Customer) shall be responsible for any and all taxes associated with the Booking. Customer (or if minor child, the parent or legal guardian of the Customer) hereby authorizes UKE to process Customer (or if minor child, the parent or legal guardian of the Customer)’s payment upon confirmation of the purchase, and further agrees to pay any and all charges incurred with same. A dispute of any charge must be made in writing to UKE within thirty (30) days from the day UKE has processed the charge.
UKE will transer the agreed upon class, activity or other experience cost to Provider’s agreed upon account for each sale of a set of classes, activities or other experiences to the Customer (or if minor child, the parent or legal guardian of the Customer) within a reasonable period of time, minus UKE’s Experience fees (“UKE Fees”), according to the schedule and policies detailed in our Provider Services Agreement. In order to transfer funds to Provider’s account, Provider shall sign up for that account. UKE shall have full discretion to act on behalf of the Customer (or if minor child, the parent or legal guardian of the Customer), and to not transfer the class, activity or other experience cost to Provider, if Customer (or if minor child, the parent or legal guardian of the Customer) reports that the class(es), activit(ies) or other experienc(es) were not provided or adequately completed. This may include but is not limited to circumstances where a Provider did not arrive for a class, activity or other experience or a class, activity or other experience was of insufficient quality. UKE will independently review such case, seeking input from the Customer (or if minor child, the parent or legal guardian of the Customer) and/or Provider, and may decide, in its sole discretion, to issue a refund to the Customer (or if minor child, the parent or legal guardian of the Customer). All determinations of UKE with respect to a refund shall be final and binding on the Provider or Customer (or if minor child, the parent or legal guardian of the Customer).
Each Provider appoints UKE as the Provider’s limited payment limited payment collection agent solely for the purpose of accepting the Class or Activity costs from Customer (or if minor child, the parent or legal guardian of the Customer). Each User agrees that payment of class, activity or experience costs by a Customer (or if minor child, the parent or legal guardian of the Customer) to UKE, as that Provider’s limited payment collection agent, shall be considered the same as a payment made directly by such Customer (or if minor child, the parent or legal guardian of the Customer) to the relevant Provider and the Provider will provide the relevant classes, activities or experience to the Customer (or if minor child, the parent or legal guardian of the Customer), as outlined on the UKE Site, as if the Provider had received payment directly. UKE, as limited payment collection agent for the Provider, agrees to facilitate the payment of any class, activity or experience costs (less the UKE Fee) for Classes or Activities pursuant to these Terms & Conditions unless otherwise agreed between UKE and the Provider.
UKE reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the UKE website and will be effective immediately.
The class, activity or other experience is also defined as a “Package Offer” which consists of a few sessions (usually ranging from 4 to 12 sessions). The full payment for the Package Offer is required to be made (pursuant to the Payment Terms set forth above) prior to the beginning of the first session date of such Package Offer, unless otherwise set forth in the Package Offer Recap Grid located on the UKE Platform.
If the Customer (or if minor child, the parent, or legal guardian of the Customer) wishes to cancel a class, activity or other experience, or a Package Offer, it may only be cancelled by contacting UKE directly via email correspondence request. A Cancellation may only be initiated by Customer (or if minor child, the parent or legal guardian of the Customer) no later than forty-eight (48) hours before the date of the first session, after which, Customer (or if minor child, the parent or legal guardian of the Customer) shall be eligible to receive either a digital voucher for future use or a refund equivalent to the amount paid for the Package Offer selected by Customer (or if minor child, the parent or legal guardian of the Customer) through use of the UKE Platform (excluding any transactional fees incurred at the time of purchase). More specifically:
Option 1: Coupon Code for future UKE Experience: Upon Cancellation, the Customer (or if minor child, the parent or legal guardian of the Customer) may opt to receive a Coupon Code via email valid for use throughout the balance of the calendar year.
Option 2: Reimbursement via Credit Card or Bank Transfer: If the Customer (or if minor child, the parent or legal guardian of the Customer) made the Package Offer purchase using a credit card or bank transfer, UKE shall initiate the reimbursement within seven (7) days using the same payment method, deducting a four percent (4%) transactional fee from the original package purchase price.
Option 3: Reimbursement via Zelle or other financial TPSO: If the Customer (or if minor child, the parent or legal guardian of the Customer) made the Package Offer purchase using Zelle or another financial TPSO, Customer (or if minor child, the parent or legal guardian of the Customer) will provide UKE with the phone number or email address associated with their TPSO account and UKE will proceed with the reimbursement within seven (7) days.
The eligibility for cancellation and refund will be determined based on the date and time of the email request. Customer (or if minor child, the parent or legal guardian of the Customer) shall not be entitled to any reimbursement or refund for cancellation beyond this deadline or once the first session of the Package Offer has begun (please refer to the following paragraph for a distinct exception).
UKE has a “no show” policy. If a Customer (or if minor child, the parent or legal guardian of the Customer) fails to turn up to any session, the Customer (or if minor child, the parent or legal guardian of the Customer) shall be liable for the fully amount of the Package Offer, meaning Customer (or if minor child, the parent or legal guardian of the Customer) will not be entitled to any refund of any amounts already paid by Customer (or if minor child, the parent or legal guardian of the Customer) and even if Customer (or if minor child, the parent or legal guardian of the Customer) paid 100% of the price for the Package Offer, UKE may, in its full discretion, automatically charge Customer the full amount of the Package Offer.
Partial Cancellation exception:
In the rare case Customer (or if minor child, the parent, or legal guardian of the Customer) would not be satisfied after the first 2 sessions of a given Package Offer, Customer (or if minor child, the parent or legal guardian of the Customer) shall be eligible to obtain the reimbursement of the unused sessions of the package they have purchased, after deduction of a $75 fee, if they email UKE of their intention at Info@ultimatekidsexperience the same calendar day the second session occurred. This additional partial cancellation clause does not apply if there is a “no-show” to either of those first two sessions.
In the event of an act of God or nature, world-wide pandemic, world-wide pandemic, inevitable accident, fire, hurricane, tornado, earthquake, sinkholes or other abnormal weather/natural conditions, injury or illness to PROVIDER, lockout, strike or other labor dispute, riot or civil commotion, act of public enemy, enactment, rule, order or act of any government or governmental instrumentality (whether federal, state, local or foreign) failure of technical facilities, failure or delay of transportation facilities, or other cause of similar or different nature not reasonably within Provider or UKE’s control, or Provider’s performing the Session(s) or Package Offer(s) selected and paid for by Customer becomes commercially impractical, then without limiting Provider or UKE’s rights, the Provider shall have the option to directly contact the Customer to reschedule and arrange new dates for any lost Session(s) or Package Offers at a later date to be mutually agreeable by both Provider and Customer.
UKE and the Provider have agreed that the Provider must maintain a minimum participant requirement in that the Provider is required to have a certain number of Customers signed up for a Package Offer, otherwise the Package Offer is required to be cancelled or rescheduled, unless otherwise agreed by UKE and the Provider, in which case, UKE and the Provider may collectively agree to proceed with a reduced number of participants for a Session or Package Offer. In the event that the Provider fails to meet the minimum participant requirement, and UKE and the Provider do not agree to proceed with a reduced number of participants, UKE will contact Customer directly to reschedule and establish new dates for the Package Offer.
For individual online sessions with only one participant, the Customer may request the Provider to reschedule a session, provided that all sessions within the Package Offer are completed within the specified timeframe indicated on the UKE website for that Package Offer, as mentioned in the Package Recap Grid located on the UKE website. The Customer must formalize this exceptional request by sending an email correspondence the Provider no later than twenty-four (24) hours before the session’s scheduled start time; otherwise, the session will be deemed forfeited and cancelled.
CONDITIONS of USE
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that You upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Experience. The following are examples of the kind of content and/or use that is illegal or prohibited by UKE. UKE reserves the right to investigate and take appropriate legal action against anyone who, in UKE’s sole discretion, violates this provision, including without limitation, removing the offending content from the Experience, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Experience to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) You do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of UKE, is objectionable or which restricts or inhibits any other person from using or enjoying the Experience, or which may expose UKE or its users to any harm or liability of any type;
- interfere with or disrupt the Experience or servers or networks connected to the Experience, or disobey any requirements, procedures, policies or regulations of networks connected to the Experience; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- harvest or collect email addresses or other contact information of other users from the Experience by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or Experiences for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Experience.
You acknowledge and accept that in using the Platform to make a Booking:
- the information You have entered on the Platform is reliable, accurate and up-to-date and this information is automatically provided to the Provider of the Booking. If any of the information changes, You must promptly notify the Provider of an active Booking;
- the contact information You have entered on the Platform will be relied upon in the event a Provider needs to contact You in respect of any emergency, medical issue or otherwise in providing the Provider Service to the child the Booking is made for;
- You agree to the Listing Terms set out in the Listing and any questions You may have in respect of the terms in the Listing are to be directed to the relevant Provider of that Listing.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Experience and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Experience or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at Your sole risk. Recognizing the global nature of the Internet, You agree to comply with all local rules and laws regarding your use of the Experience, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Experience, You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Experience, use of the Experience, or access to the Experience.
Experience Content, Software and Trademarks: You acknowledge and agree that the Experience may contain content or features (“Experience Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by UKE, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Experience or the Experience Content, in whole or in part, except that the foregoing does not apply to Your own User Content (as defined below) that You legally upload to the Experience. For the sake of clarity, You acknowledge and agree that Class Recordings constitute Experience Content, not User Content. In connection with Your use of the Experience You will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If You are blocked by UKE from accessing the Experience (including by blocking Your IP address), You agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Experience or the Experience Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Experience or distributed in connection therewith are the property of UKE, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by UKE.
User Content Transmitted Through the Experience: With respect to the content or other materials You upload through the or share with other users or recipients (collectively, “User Content”), You represent and warrant that You own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that You hold in your User Content, and UKE does not claim any ownership (copyright, trademark, or otherwise) over Your User Content. By submitting, posting or otherwise uploading User Content on or through the Experiences you give UKE a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:
- with respect to User Content that You submit, post or otherwise make publicly or generally available via the Experience (e.g. public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Experiences or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and
- with respect to User Content that You submit, post or otherwise transmit privately via the Experiences (e.g. via private lessons or messages with other Users), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling UKE to provide You with the Experiences.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Experience (“Submissions”), provided by You to UKE are non-confidential and UKE will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
Copyright Complaints: UKE respects the intellectual property of others, and we ask our users to do the same. If You believe that your work has been copied in a way that constitutes copyright infringement, or that Your intellectual property rights have been otherwise violated, You should notify UKE of Your infringement claim in accordance with the procedure set forth below.
UKE will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to UKE at [email protected]
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that You claim has been infringed;
- a description of where the material that You claim is infringing is located on the Experience, with enough detail that we may find it on the Experience;
- Your address, telephone number, and email address;
- a statement by You that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If You believe that Your User Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in Your User Content, You may send a written counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
If a counter-notice is received by the Copyright Agent, UKE will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at UKE’s sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, UKE has adopted a policy of terminating, in appropriate circumstances and at UKE’s sole discretion, users who are deemed to be repeat infringers. UKE may also at its sole discretion limit access to the Experience and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Materials, including but not limited to text, software, data, images, graphics, photos of Service, audio, audiovisual, videos, and content of any nature provided by UKE (“Content”) or by other users of the Service (“User Submissions”) to the Service website is owned by the party contributing such content.
As a user of the Service, You are solely responsible for Your own User Submissions. By transmitting Your User Submissions, You represent that You have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with Your User Submissions, You agree that You will not submit material that is or contains the intellectual property of a third party that You do not have permission to use.
You shall retain all of Your ownership rights in Your User Submissions; however, by submitting material to UKE, You grant UKE the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material as is required in order to provide the Service, and to grant these rights to others. To the extent You do not have ownership rights to any of Your User Submissions, You shall indemnify UKE for any claim regarding UKE’s use of Your User Submissions.
UKE does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential. When using the Service, You may be exposed to User Submissions from a variety of sources, and UKE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.
UKE shall not be responsile or liable for the deletion, correction, destruction, damage, loss or failure to store any User submission. In the event that this Agreement is terminated (other than by reason of Your breach), UKE will make available to You a file of Your submissions within thirty (30) days of termination if You so request at the time of termination, before deleting Your account. UKE reserves the right to withhold, remove and/or discard submission without notice for any breach, including without limitation, non-payment. Upon termination for cause, Your right to access or use Your submission immediately ceases.
Third Party Websites
The Experience may provide, or third parties may provide, links or other access to other sites and resources on the Internet. UKE has no control over such sites and resources and UKE is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that UKE will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or Experiences available on or through any such site or resource. Any dealings You have with third parties found while using the Experience are between You and the third party, and you agree that UKE is not liable for any loss or claim that You may have against any such third party.
Social Networking Experiences
In addition, UKE is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Experiences. As such, UKE is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Experiences. UKE enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
Disclaimer of Warranties
YOUR USE OF THE EXPERIENCE IS AT YOUR SOLE RISK. THE EXPERIENCE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UKE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
UKE MAKES NO WARRANTY THAT (I) THE EXPERIENCE WILL MEET YOUR REQUIREMENTS, (II) THE EXPERIENCE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXPERIENCE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, EXPERIENCES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EXPERIENCE WILL MEET YOUR EXPECTATIONS.
YOU ACKNOWLEDGE AND AGREE THAT ANY CRIMINAL BACKGROUND CHECKS CONDUCTED BY UKE ON PROVIDERS ARE SOLELY FOR ITS OWN BENEFIT. UKE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR EXPERIENCE.
Your only remedy for any dispute with UKE is to stop using the Service or not use it anymore in the future.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UKE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE EXPERIENCE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND EXPERIENCES RESULTING FROM ANY GOODS, DATA, INFORMATION OR EXPERIENCES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE EXPERIENCE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EXPERIENCE; OR (V) ANY OTHER MATTER RELATING TO THE EXPERIENCE. IN NO EVENT WILL UKE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID UKE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXPERIENCE OR WITH THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EXPERIENCE.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
Agreement to Arbitrate
This Agreement shall be governed by and construed in accordance with the laws of Florida.
Any and all disputes, claims or controversies arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, shall be resolved exclusively through and submitted to final and fully binding arbitration by an arbitrator mutually agreed upon by the Parties, which arbitrator shall be from the American Arbitration Association (the “AAA”) or JAMS and if no agreement can be reached within thirty (30) days after the names of potential arbitrators have been proposed by the AAA or JAMS, then by one arbitrator having reasonable experience in transactions of the type provided for in this Agreement and who is chosen by AAA or JAMS. The arbitration shall take place in Broward County Florida, in accordance with the AAA or JAMS rules then in effect, and judgment upon any award rendered in such arbitration will be binding and may be entered in any court having jurisdiction thereof. There shall be limited discovery prior to the arbitration hearing as follows: (a) exchange of witness lists and copies of documentary evidence and documents relating to or arising out of the issues to be arbitrated, (b) depositions of all Party witnesses, and (c) such other depositions as may be allowed by the arbitrators upon a showing of good cause. Depositions shall be conducted in accordance with the Florida Rules of Civil Procedure, the arbitrator shall be required to provide in writing to the Parties the basis for the award or order of such arbitrator, and a court reporter shall record all hearings, with such record constituting the official transcript of such proceedings. The prevailing party shall be entitled to require reimbursement of reasonable attorney’s fees and its costs, and the arbitrator shall determine whether to grant such fees and costs. Notwithstanding the foregoing, nothing herein shall prevent a party from commencing an action for the purpose of seeking immediate equitable relief in the appropriate jurisdiction. Each of the Parties to this Agreement consent to the personal jurisdiction for any equitable action sought in the court of the State of Florida, or if such court does not have jurisdiction, in any Florida state court located in Broward County, Florida. Any appellate proceedings shall take place in the appropriate courts having appellate jurisdiction over the court set forth in this section.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND UKE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND UKE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). Nothing in this Paragraph or in this Arbitration Agreement more generally is intended to waive non-waivable rights under the Private Attorneys General Act, Cal. Lab. Code § 2698 et seq.
You agree that You are solely responsible for Your interactions with any other user in connection with the Experience and UKE will have no liability or responsibility with respect thereto.
UKE reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between You and any other user of the Experience.
A lack of enforcement will not result in waiver of any time. Also no waiver by either party of any breach or default shall be deemed to be a waiver of any proceeding or subsequent default.
Questions? Concerns? Suggestions?
Please contact us at [email protected] to report any violations of these Terms & Conditions or to pose any questions regarding this Terms & Conditions or the Experience.