Access and Use
United Capital grants you a personal, non-exclusive, non-transferable, limited license to use the System and to view or access the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any other Content available via the System (including any Website or Mobile Applications contained therein). You further agree not to modify the System, or any part thereof, in any form or manner, nor to use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of United Capital. You may not attempt to gain any unauthorized access to the System or any of its associated Content, including computer systems, software, or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through the System or the Services is permitted, unless expressly specified in a prior agreement between you and United Capital.
No Unlawful or Prohibited Use
Any use or attempted use of the System (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the System; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by United Capital to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the System, you agree you will not:
(a) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
(b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any United Capital representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
(d) Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
(e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
(f) Use any of the System’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
(g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
(h) Violate any applicable local, state, national or international law;
(i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
(j) Delete or revise any material posted by any other person or entity;
(k) Probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems;
(l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
(m) Harvest or otherwise collect information about others, including e-mail addresses; or
(n) Use any robot, spider, scraper, or other automated or manual means to access the System, or copy any Content or information on the System.
Any information, communications, or material of any type or nature that you submit to the System (or to any of our pages on a social media platform or other website) by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk, as permitted by law.. United Capital does not own any Submissions provided via the System. However, by inputting/submitting such Submissions you are granting United Capital a nonexclusive, irrevocable, worldwide, sub-licenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any Content or materials contained therein). All Submissions inputted/submitted by you is at your own risk and you hereby represent and warrant that you have the full legal right to so use such Submissions and that they, and any Content or material contained therein, are not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
Accounts, Passwords, and Security
Certain features or services offered on or through the Website may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify United Capital immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by United Capital or any other user of or visitor to the Website due to another person using your account, login ID, or password.
You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. United Capital cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
The posting of information or other materials or Content on the System by United Capital does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the System or to any other third party, except as expressly provided herein.
Disclaimer of Warranties
United Capital does not promise, covenant, represent, warrant, or guarantee that you or any other user of the System will obtain any particular or tangible result or goal through the use of the System, or obtain any other product or service in connection with use of the System. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the System or United Capital, or that you access, use, download, or otherwise obtain on or through the System or United Capital, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
THE INFORMATION, SOFTWARE, CONTENT, SERVICES, OR MATERIALS AVAILABLE FROM OR PROVIDED ON THE SYSTEM OR VIA THE SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF UNITED CAPITAL SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK.
Limitation of Liability
DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS ON THE SYSTEM DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. UNITED CAPITAL MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. UNITED CAPITAL SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE.
UNITED CAPITAL reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, or any portion of the System, for any reason; (ii) modify or change the System, or any portion of the System, and any applicable policies or terms; and (iii) interrupt the operation of the System, or any portion of the System, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
The System could include technical inaccuracies or typographical errors. United Capital shall have no liability in connection with any such inaccuracies or errors, nor shall United Capital have any obligation to identify and/or correct any such inaccuracies or errors.
All responsibility or liability for any damages caused by viruses, malware, disabling or malicious code contained within the electronic files or on the System is disclaimed.
Links to Other Websites
For your convenience, certain hyperlinks may be provided on the System that link to other websites which are not under the control of United Capital (the “Linked Websites”). United Capital does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, Content, or any other aspect of the Linked Websites. United Capital disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites and any purchases of products or services from such other websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against United Capital arising from or based upon any such use of other websites (including the Linked Websites). Hyperlinks to such Linked Websites on the System do not imply that: (a) United Capital is affiliated or associated with any Linked Website; (b) United Capital is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of United Capital.
Links to the Website
Without our express, prior, written permission, it is expressly prohibited to: (a) “frame” the Website or any Content or otherwise cause the Website or any Content to appear in a window with any other material that does not constitute Content; (b) cause the hyperlink to the Website, or the Website or any Content, to be displayed in any way that is disparaging to United Capital or any entity that is affiliated or associated with United Capital; or (c) otherwise imply or state that any type of relationship or special arrangements exist with United Capital and any other entity. You agree that you will promptly remove any hyperlink to the Website upon the written request of United Capital. In no event will you use any logo or trademark of United Capital as a hyperlink “button”, or in any other manner, without United Capital’s express written consent.
Disclaimer of Third Party Information
To the extent that any information, material, or functionality on the System is provided by third party content-providers (“Third Party Materials”), United Capital has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party suppliers. United Capital does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with United Capital.
Arbitration Agreement and Class Action Waiver
THE FOLLOWING ARBITRATION PROVISIONS SIGNIFICANTLY AFFECT YOUR RIGHTS IN ANY DISPUTE WITH US. PLEASE READ THE FOLLOWING DISCLOSURES AND THE ARBITRATION AGREEMENT THAT FOLLOWS CAREFULLY BEFORE YOU ACCESS ANY OTHER PART OF THE SITE OR UTILIZE ANY OF THE SERVICES.
Waiver of Judicial Rights. Either you or we may choose to resolve any dispute between us in individual arbitration and not in court. THIS MEANS THAT IF EITHER YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. In arbitration, parties usually have fewer discovery rights and far more limited grounds for review of the arbitration award.
Class Action Waiver. You agree to give up any right you may have to bring a classaction lawsuit or class arbitration, or to participate in a class-action lawsuit or class arbitration as a claimant or class member. You also agree not to participate in any collective action or arbitration, or in any other representative proceeding in litigation or in arbitration (including any private attorney general action). In the event any aspect of this Class Action Waiver is determined not to be enforceable, then this Arbitration Agreement will be unenforceable. IN NO EVENT WILL THE PARTIES PARTICIPATE IN A CLASS ARBITRATION, A COLLECTIVE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING IN ARBITRATION.
Who Decides Whether a Dispute Falls Within this Arbitration Agreement? If you or we choose arbitration, we also agree to arbitrate whether any particular individual claim must be arbitrated and whether this Arbitration Agreement is enforceable as between us. In other words, the arbitrator will resolve any individual disputes as to arbitrability or enforceability. Even if you or we choose arbitration, a court must resolve any challenge to the Class Action Waiver or any other attempt to prosecute in arbitration any class claim, collective action, or other representative proceeding. In other words, a court will determine the enforceability of the Class Action Waiver to which the parties have agreed.
Arbitration Rules and Procedure: Any arbitration will be administered by the American Arbitration Associate (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules and, as applicable, the AAA’s Consumer Arbitration Rules (both available at www.adr.org), except that the parties’ selection of these Rules does not authorize the arbitrator to determine the enforceability of the Class Action Waiver or decide whether the Arbitration Agreement allows class arbitration. The parties do not agree to application of the AAA’s Supplementary Rules for Class Arbitration and do not agree to any form of class arbitration. If an in-person arbitration hearing is necessary, it will be held within the federal judicial district in which you reside (or, if you reside outside the United States, in Orange County, California).
Right to Seek Preliminary Injunctive Relief in Aid of Arbitration: Although you or we may choose to resolve any dispute through binding arbitration, you and we still have the right to seek preliminary injunctive relief from a court of competent jurisdiction to protect the parties’ rights pending arbitration. A party’s request to a court for injunctive relief in aid of arbitration shall not be deemed a waiver of that party’s right to choose to resolve the dispute through arbitration.
Enforcement of the Arbitration Award: Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Hours of Operation: 7:00 A.M. to 7:00 P.M. CT
620 Newport Center Drive
Newport Beach, CA 92660