Legal

Terms and Conditions

Last modified on 23 Feb, 2022

Crosstalk Solutions, LLC, an Oregon limited liability company (“Crosstalk Solutions” or “we”) provides certain services (the “Services”) through its website https://UINotify.net (the “Site”). Your use of the Site is governed by these Terms and Conditions (this “Agreement”), and by using the Site, you accept this Agreement’s terms. If you do not agree with this Agreement’s terms, do not use the Site.

I. Use of Site.
a. Permitted Use; User Requirements.

You may use the Site pursuant to the terms of this Agreement and for the sole purpose of accessing the Services (“Permitted Use”). When using the Site it is solely your responsibility to, and you will: (i) comply with all applicable state, local, federal and international laws and regulations applicable to your use of the Site; and (ii) comply with all terms and conditions set forth herein.

b. Specific Limits on Use.

Without limiting the foregoing, you specifically agree not to use the Site in a manner that: (i) harasses, threatens, or otherwise violates the rights of any other party; (ii) is fraudulent or deceptive; (iii) uses technology or other means to access Crosstalk Solution’s network or other users’ accounts; (iv) introduces viruses or other programs that interrupt, destroy, or limit the functionality of the Site or Services; or (v) otherwise violates this Agreement or applicable law.

II. Copyrights, Trademarks.
a. Marks.

All trademarks, service marks, graphics, and logos used in connection with the Site are trade names, trademarks or registered trademarks of either Crosstalk Solutions (“Crosstalk Solutions Marks”) or other owners (“Third Party Marks”).

b. Content.

The Site and all media comprising the Site, including without limitation all Crosstalk Solutions Marks, Third Party Marks, designs, text, graphics, pictures, information, data, software, sound files, other files thereon, as well as the selection and arrangement thereof, (the “Content”) are the property of Crosstalk Solutions or its licensors. The Content is protected by United States’ intellectual property laws, and it may not be copied or used, in whole or in part, without the prior written permission of Crosstalk Solutions or the applicable trademark holder.

III. License.
a. Grant of License.

Crosstalk Solutions grants you a personal, non-exclusive, non-transferable, non-commercial, limited, and revocable license to use the Site and receive the Services for the Permitted Use and in accordance with this Agreement (“License”). All rights not expressly granted by Crosstalk Solutions are reserved, and nothing in this Agreement will be construed as transferring or assigning in any manner (whether by implication, estoppel or otherwise) any title or ownership of, or exclusive use-rights to, any intellectual property or other right of Crosstalk Solutions or its licensors. You are specifically prohibited from reproducing, redistributing, selling, creating derivative works from, decompiling, reverse engineering, or disassembling the Site, including any source code relating thereto, or the Content. You are also specifically prohibited from using the Site or Content in connection with marketing services, charging others for access to the Site or Content, building a business using the Site or Content, incorporating the Site or Content into other works in a manner that may be construed as an endorsement, express or implied, by Crosstalk Solutions for any product or service, or making any other commercial use of the Site or Content.

b. Termination of License.

Crosstalk Solutions reserves the right, in its sole discretion, to terminate your License, delete your user account, or block your future access to the Site (or take any combination of the foregoing actions) if: (a) it reasonably believes you have violated this Agreement; (b) you fail to pay any amount due to Crosstalk Solutions; (c) Crosstalk Solutions receives one or more complaints related to your use of the Site; or (d) for any other lawful business reason in Crosstalk Solutions’ discretion.

IV. Fees.

While some Content is available for free on the Site, access to certain Services is gained through payment by you of one or more fees. Generally, these fees must be paid in full before you can gain access to paid programs. Any fees paid for the Services or access to the Site are non-refundable. If you cancel your subscription prior to the end of any selected term, or in the event that this Agreement and your access to the Site and Services is earlier terminated, you will NOT receive any prorated refund.

V. Disclaimers; Liability Limits.
a. No Representations or Warranties.

Crosstalk Solutions will make reasonable efforts to ensure that access to the Site is available at all times, subject to planned and emergency downtime. However, the Site is provided to you strictly on an “AS-IS” basis. All representations and warranties, whether express or implied, statutorily or otherwise (including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights) are hereby disclaimed to the maximum extent permitted by applicable law. Without limiting the foregoing, Crosstalk Solutions explicitly disclaims any representation or warranty: (i) Regarding the availability, pricing, suitability, compatibility or use of equipment or other goods to which Crosstalk Solutions has provided any recommendation or information about. (ii) that the Site will be uninterrupted or error-free; or (iii) that Crosstalk Solutions will continue to support any particular feature of Site.

b. Limited Liability.

YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SITE SHALL BE LIMITED IN THE AGGREGATE TO THE FEES PAID BY YOU TO CROSSTALK SOLUTIONS UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL CROSSTALK SOLUTIONS BE LIABLE FOR: ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR GOODWILL OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES BY YOU) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; ANY DELAY OR FAILURE TO PROVIDE THE APP OR SITE THAT IS DUE TO THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, INTERNET SERVICE PROVIDERS, DATA CENTERS, SERVER HOSTING COMPANIES AND TELECOMMUNICATIONS COMPANIES; OR CREDIT CARD FRAUD COMMITTED AGAINST YOU BY ANY THIRD PARTY PROVIDER OF CREDIT CARD SERVICES.

c. Indemnification.

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CROSSTALK SOLUTIONS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL THIRD PARTY ACTIONS THAT: (I) ARISE FROM YOUR USE OF THE SITE; (II) ASSERT A VIOLATION BY YOU OF ANY TERM OF THIS AGREEMENT OR ANY STATE, LOCAL, FEDERAL OR INTERNATIONAL LAW OR REGULATION; OR (III) ASSERT THAT ANY INFORMATION OR CONTENT THAT YOU UPLOAD, TRANSFER, OR STORE USING THE SITE VIOLATES ANY LAW OR INFRINGES UPON ANY THIRD PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT. CROSSTALK SOLUTIONS RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION, IN WHICH EVENT YOU WILL COOPERATE IN ASSERTING ANY AVAILABLE DEFENSES.

VI. Submission of Feedback.

You may provide suggestions, enhancement requests, recommendations and other feedback to improve the Site or Content (“Feedback”). Crosstalk Solutions may, but has no obligation to, incorporate your Feedback into the Site or Content. You hereby disclaim any ownership in any Feedback you provide to Crosstalk Solutions, and you hereby assign all right, title, and interest in and to any Feedback provided to Crosstalk Solutions.

VII. Third Party Content; Providers.
a. Third Party Content.

Crosstalk Solutions may provide third party content on the Site (such as advertising), and it may provide links to third-party content (such as other applications or websites) (collectively, “Third-Party Content”). Crosstalk Solutions does not control, endorse or adopt any Third-Party Content, is not responsible or liable in any manner for any Third-Party Content, and undertakes no responsibility to update or review Third-Party Content. Your access and use Third-Party Content at your own risk. You should review the policies, including privacy and data gathering policies, of any site or application to which you navigate to from the Site.

b. Third Party Providers.

Crosstalk Solutions uses certain third parties (“Third-Party Providers”) to facilitate payment and credit card processing, to track information regarding users’ interactions with the Site, and to help Crosstalk Solutions facilitate other services for you (as further described in the Crosstalk Solutions Privacy Statement). You may be redirected to the websites or applications of such Third-Party Providers to create user accounts that work in conjunction with Crosstalk Solutions. You must comply with any flow down terms and conditions provided by any such Third-Party Provider, including but not limited to, any end-user license agreements, privacy statements or other agreements entered into with such Third-Party Providers. You hereby agree to release and hold harmless Crosstalk Solutions from any damages or claims arising from your relationship with any Third-Party Provider.

VIII. Term and Termination.

The term of this Agreement shall commence on the date you first access or use the Site and shall continue until the earlier of: (a) the date terminated by Crosstalk Solutions or (b) thirty days following the discontinuance of access to the Services. Upon termination of this Agreement: (a) the License and any other rights and licenses granted to you herein shall terminate; (b) you shall cease all use of the Site; and (c) Crosstalk Solutions may, in its own discretion, remove and/or purge your account and other data from the system. Further, without terminating this Agreement, Crosstalk Solutions may, in its discretion, remove any comments or other content uploaded to the Site by you that Crosstalk Solutions deems inappropriate or illegal (although, Crosstalk Solutions had no obligation to monitor for such content). The following provisions will survive the termination of this Agreement: “Third Party Content; Providers;” “Submission of Feedback”; “Disclaimers”; “Liability Limits”; “Modifications to the Agreement or Site”; “Governing Law”; “Disputes”; “Interpretation”; “Severability”; “Waiver”; “Remedies.” Further, your obligation to not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Site or the Content, or to take any measures to interfere with or damage the Site or the Content, will survive the termination of this Agreement.

IX. Modifications to the Agreement or Site.
a. Modifications to Agreement.

This Agreement governs your use of the Site, including any updated or modified version of the Site, unless a separate Terms of Use agreement accompanies such updated or modified version, in which case the separate Terms of Use agreement will apply. Crosstalk Solutions may modify this Agreement at any time and at its sole discretion by posting a revised Agreement on the Site. Your continued use of any of the Site following any such modification will constitute acceptance of the modification.

b. Modifications to Site.

Crosstalk Solutions reserves the right to modify or discontinue, temporarily or permanently, any of the Site or any features or portions thereof without prior notice. Crosstalk Solutions will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.

X. Governing Law; Disputes.

This Agreement and your use of the Site is governed by the laws of the state of Oregon, United States of America, without regard to Oregon’s conflict of laws rules. Any action arising out of or relating to this Agreement will be subject to mandatory arbitration. Any dispute will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Salem, Oregon. The AAA rules will govern payment of all arbitration fees. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, and trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Salem, Oregon to resolve your claim. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

XI. Interpretation; Severability; Waiver; Remedies.

Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Crosstalk Solutions in exercising any right hereunder will waive any further exercise of that right. Crosstalk Solutions’ rights and remedies hereunder are cumulative and not exclusive.

XII. Questions or Complaints.

Please direct any questions or complaints related to this Agreement to: EMAIL ADDRESS: support@uinotify.net MAILING ADDRESS: PO Box 70333, Springfield, OR 97475

How can you contact us about this notice?

If you have any questions or concerns about the terms and conditions please contact us.

support@uinotify.net

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