Terms & Conditions of Use
Date Last Revised: December 21, 2019
This website, application, and mobile application (collectively, the “Application”) is operated by We Are Unidos LLC (“Unidos”) and these terms and conditions apply to all websites and applications owned, operated, controlled and otherwise made available by Unidos, its parent, their affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites).
IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS APPLICATION, SUBSCRIBING TO UNIDOS SERVICES, PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE UNIDOS SERVICES AND PRODUCTS, AND THE RELATED UNIDOS SOFTWARE, DATA, CONTENT AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “UNIDOS TECHNOLOGY”).
UNIDOS IS WILLING TO PROVIDE YOU WITH ACCESS TO THIS UNIDOS TECHNOLOGY THROUGH THIS APPLICATION AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM UNIDOS OR ITS AFFILIATES IN CONNECTION WITH THE UNIDOS TECHNOLOGY (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE UNIDOS TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE UNIDOS TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM UNIDOS.
- Intellectual Property
- Use of the Unidos Technology
- Participation Disclaimer
- Limitations on Internet
- Electronic Delivery Policy and Your Consent
- Warranty Disclaimer
- Disruptive Behavior
- Limitation of Liability
- Access to Unidos Technology
- Passwords and Your Obligations
- Blog Disclaimer
- Pricing, Special Offers and Promotions
- Typographical Errors
- Applicability of Content
- Product & Service Availability
- Sales Tax Policy
- Premium Negotiation Services
- Referral Program
- Unidos Intellectual Property Notice
- Additional Fees
- Order of Preference
- Links to Other Websites
- Revisions and Consents
- Forward-Looking Statements
- Entire Agreement
- General Provisions
- Print this Agreement
By accessing, subscribing, registering, downloading and/or otherwise using the Unidos Technology, you (a) certify that you are at least 18 years of age, and that if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of Unidos that may be published within the Unidos Technology or this Application.
If you are under 18 years of age but are at least 13 years old (a “Minor”), you certify that you are using the Application with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Application and agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Unidos if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Application at any time or in any manner or submit any information to Unidos or the Application.Back to Top
The Unidos Technology is owned and operated by Unidos and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2019 All rights reserved. The compilation and arrangement of all content, data and other information found within the Unidos Technology is also the sole and exclusive property of Unidos and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the Unidos Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Unidos and its licensors and are fully protected under U.S. and international intellectual property laws.Back to Top
Use of the Unidos Technology
Subject to the terms and conditions set forth herein and any third party restrictions, Unidos grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the Unidos Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the Unidos Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Application or through the Unidos Technology; provided you retain all Unidos copyright and proprietary notices contained in the original materials or any copies thereof.
All rights not expressly stated herein are reserved by Unidos and Unidos disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Unidos Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Unidos Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Unidos Technology, or any part thereof, including, but not limited to, using any part of the Unidos Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the Unidos Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Unidos, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use Unidos Technology to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using Unidos Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Unidos Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that 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; (xiii) interfere with or disrupt the Unidos Technology or servers or networks connected to the Unidos Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the Unidos Technology; and (xiv) “stalk” or otherwise harass another; or collect or store personal data about other users.
You agree not to access the Unidos Technology by any means other than through the interface that is provided to you by Unidos for use in accessing the Unidos Technology.
By posting of information or other materials on this Application or within the Unidos Technology or by making such information available for downloading by you, Unidos does not waive any proprietary right in and to the Unidos Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Unidos Technology except for the limited license expressly granted herein.Back to Top
By making a Submission, you waive the right to make any claim against Unidos or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you.
You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for Unidos. You also agree to maintain and promptly update your Submissions by means of the Unidos Technology in order to keep that information true, accurate, current and complete.Back to Top
Unidos does not and cannot review all Submissions posted to or created by users accessing the Unidos Technology, and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Unidos Technology, Unidos is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though Unidos may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, profanity or misrepresentation. Notwithstanding the foregoing, Unidos reserves the right to block or remove communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another or (d) offensive or otherwise unacceptable to Unidos as determined in its sole discretion.Back to Top
Limitations on Internet
You acknowledge that Unidos may establish limits concerning use of the Internet, including the maximum number of days that submissions will be retained by the Internet, the maximum number and size of postings, e-mail messages, or other Submissions that may be transmitted or stored by the Internet, and the frequency with which you may access the Internet.
You agree that Unidos has no responsibility or liability for the deletion or failure to store any Submissions maintained or transmitted by the Internet. You acknowledge that Unidos reserves the right at any time to modify or discontinue the Internet (or any part thereof) with or without notice, and that Unidos shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Internet.Back to Top
Electronic Delivery Policy and Your Consent
By using the Unidos Technology, you consent to electronically receive from Unidos all communications including notices, agreements, legally required disclosures or other information in connection with the Unidos Technology (collectively, “Notices”). Unidos shall provide such electronic Notices by posting them on this Application. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Application and the Unidos Technology.Back to Top
Any and all trademarks displayed within the Unidos Technology are owned by Unidos, its licensors or its affiliates. Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party.Back to Top
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Unidos. “Confidential Information” means any Submissions, trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Unidos or its licensors, including, but not limited to, all parts of the Unidos Technology and any other materials or information related to the business or activities of Unidos that are not generally known to others engaged in similar businesses or activities.Back to Top
You access and use the Unidos Technology at your sole risk. The Unidos Technology is provided to you on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, Unidos disclaims all warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise.
Without limiting the foregoing, Unidos does not represent or warrant that (a) the Unidos Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the Unidos Technology will be corrected, (c) the Unidos Technology or the servers that operate the Unidos Technology are free of viruses or other harmful components, (d) the data, results and information within the Unidos Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the Unidos Technology will meet your needs, requirements or expectations.
Unidos may make changes to the content within the Unidos Technology or to the products or services described in it, at any time without notice to you. Further, Unidos assumes no liability or responsibility for any errors or omissions in the content within the Unidos Technology. The materials in the Unidos Technology may be out of date or inaccurate, and Unidos specifically disclaims any duty to update such content.
Any material downloaded or otherwise obtained by you through the use of the Unidos Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.
You acknowledge and agree that Unidos shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Unidos. You acknowledge and agree that Unidos shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the Unidos Technology provided by any other user of this Application or any third party licensors or suppliers of Unidos.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the Unidos Technology, and no warranties shall apply after such period.Back to Top
Harassment in any manner or form on this Unidos Application or through the use of the Unidos Technology, including via email, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Unidos employee or representative, as well as other members or visitors on this Unidos Application or through use of the Unidos Technology is prohibited. You may not upload to, distribute, send or otherwise publish through Unidos Application or within the Unidos Technology any content which is libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; which may constitute or encourage a criminal offense, violate the rights of any party; or which may otherwise give rise to civil liability, violate any law or infringe on a third party's intellectual property right (including, but not limited to, spam, offensive sexual, racial or gender related material, or material that violates Unidos’s then current policies). You may not upload commercial content on this Unidos Application or within the Unidos Technology or use the same to solicit others to join or become members of any other commercial online service or other organization.
You agree not to: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the Unidos Technology; (b) use Internet Relay Chat (IRC) bots via this Unidos Application (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the Unidos Technology or the normal flow on this Unidos Application of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) run any program on this Unidos Application or through the Unidos Technology that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the Unidos Technology or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the Unidos Technology in violation of the rules of any other website providers, websites, chat rooms or the like; (i) use the Unidos Technology to access the accounts of others without permission; (j) attempt to penetrate security measures of Unidos or another entity, or obtain or bypass others' passwords; or (xi) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).Back to Top
Limitation of Liability
NEITHER UNIDOS, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE UNIDOS TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE UNIDOS TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE UNIDOS TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE UNIDOS TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE UNIDOS TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS APPLICATION; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE UNIDOS TECHNOLOGY WHETHER OR NOT UNIDOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL UNIDOS’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO UNIDOS FOR ACCESS AND USE OF THE UNIDOS TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH UNIDOS TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).
SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.Back to Top
Access to Unidos Technology
You shall be responsible for obtaining access to the Unidos Technology and for all equipment necessary to access the Unidos Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting you to the Unidos Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges.Back to Top
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within the Unidos Technology and to select a unique username and password in order to be able to access your account and use any of the Unidos Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Unidos in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your user name and password via email to email@example.com.Back to Top
The Unidos Technology resides on the public internet. Unidos uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Unidos and any information stored on servers controlled by Unidos. Notwithstanding these efforts, Unidos cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the Unidos Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Unidos Technology, overloading, “flooding,” “mailbombing” or “crashing” the Unidos Technology. Violations of system or network security may result in civil or criminal liability. Unidos reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.Back to Top
You agree to indemnify, defend, and hold harmless Unidos, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the Unidos Technology; and (d) any use of your Submission by Unidos or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity.Back to Top
The blog entries, quotations and other editorial content on this Unidos Application are provided “as is” with no warranties and confers no rights. The blog entries are solely the opinion of the author and do not necessarily reflect the opinions of Unidos, its parent company and/or their indirect and direct parent companies and affiliates.Back to Top
You agree that Unidos, at its sole discretion, may terminate or suspend your access to and use of the Unidos Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Unidos believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Unidos reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Unidos Technology (or any part thereof) without notice. You agree that Unidos shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Unidos Technology. Your obligations under this Agreement shall continue even after Unidos has terminated and/or cancelled this Agreement or your access to the Unidos Technology.Back to Top
Pricing, Special Offers and Promotions
All prices shown through the Unidos Technology are applicable solely for purchase by users directly through this Unidos Application. Prices are subject to change without notice. Prices within the Unidos Technology may not be the same as prices available through sales representatives, telephone orders, or promotional offers. Unidos does not have a price match guarantee.
Special product, pricing or service offerings and promotions may be displayed from time to time through the Unidos Technology and are considered discontinued and no longer valid once they are removed from the Unidos Technology. In addition, all such offerings and promotions displayed through the Unidos Technology are subject to change or cancellation at any time without notice. Programs/promotions available through sales representatives or telephone orders may not be available through the Unidos Technology and vice versa.
Should you place an order for a product or service and it goes on sale on this Unidos Application for a lower price immediately thereafter, you may contact us for a credit of the difference between the current price and the price you paid. However, you must contact us within seven (7) days of the date on which the price change first appears on this Unidos Application – later requests will not be honored.
Other product and service limitations and disclaimers may apply.Back to Top
The price for a product or service on the Unidos Application may differ from the price shown in your shopping cart at the time of your purchase at the Unidos Application -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Unidos Application. If the price for the item on the Unidos Application is incorrect, then, at the sole discretion of Unidos, Unidos may either (a) refuse or cancel your order whether or not the order has been confirmed and your credit card has been charged; (b) contact you for instructions before charging you for such product or service; (c) cancel the order for such service and notify you of such cancellation; or (d) sell the product or service at the incorrect price to your benefit. If your credit card has already been charged for the purchase and your order is cancelled or refused, Unidos shall issue a credit to your credit card account in the amount of the incorrect price that was charged.Back to Top
Applicability of Content
This Application is operated in the State of Delaware, United States of America, and Unidos makes no representation that the content provided through the Unidos Technology are applicable or appropriate for use in jurisdictions other than the United State of America. If you access our Unidos Technology from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the Unidos Technology, you may not view or use the Unidos Technology.Back to Top
Product & Service Availability
The Unidos Technology refers to products and services available for purchase at this Application by buyers with a shipping address located within the United States of America. Subject to the terms and conditions of this Agreement, Unidos will sell products, and provide services, to you if the product or service is currently available and/or the product is in Unidos’s inventory or the service is a service made commercially available by Unidos. Unidos cannot guarantee the availability of a product or service at all times.Back to Top
Sales Tax Policy
Sales tax may be added to each order, subject to federal, state, and local tax laws. We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or for other reasons. If we do not collect sales tax for your order, you may still be responsible for paying sales and/or use tax for the purchase if required by federal, state or local tax rules and laws.Back to Top
Premium Negotiation Services
Unidos offers users a service in which Unidos will negotiate with certain suppliers on behalf of such users the terms and conditions on which the third party supplies provides their services to such users (“Premium Negotiation Services”). To receive the Premium Negotiation Services, you must register for such services and agree to pay Unidos a Negotiation Fee (as defined hereinafter) and comply with the terms and conditions set forth herein.
We may charge each user who has registered for our Premium Negotiation Services a service fee equal to 40% of the annualized savings achieved as a result of the services that we provide on your behalf (the “Negotiation Fee”). The Negotiation Fee will commence with the first bill in which you realize savings from our service and will be paid as frequently as you are billed by the supplier so if your supplier bills you monthly, you will pay us monthly and if the supplier bills you quarterly, you will pay us quarterly.
The Negotiation Fee is non-refundable, except in the event that an error was made during the negotiation or except as otherwise required by applicable law. In the event that you choose to cancel the service provided to you by the supplier for which Unidos successfully earned a Negotiation Fee that was prepaid for some period of time, you must notify Unidos in writing no later than thirty (30) days after you have cancelled such services to receive a pro-rated credit to use toward future savings with Unidos.
By subscribing to our Premium Negotiation Service, you:
- agree to provide a copy of the current monthly billing statement for the account showing the products and features you receive and the amounts you are billed.
- authorize Unidos to serve as your authorized representative to contact your service provider on your behalf.
- authorize Unidos to provide to your suppliers, your account information including, but not limited to, your full name, the account holder’s name, if different, address, phone numbers, and email addresses, the name of the provider, your account number, the applicable password, pin number, other security credentials to access the account and any other information that your supplier may require for us to make changes to your account or that we may need to provide you with the Premium Negotiation Services (including, but not limited to, if you plan to cancel or switch suppliers within the next year).
- agree to be a registered user with a financial service provider accessible through Plaid and to maintain your account and link it to your Unidos account for the duration of the Premium Negotiation Services (Plaid’s terms and conditions are https://plaid.com/). If you fail to maintain this account and/or link to your Unidos account, Unidos may immediately terminate its Premium Negotiation Services [and bill your account the remaining unearned Negotiation Fee.]
- agree to provide a credit/debt card that Unidos may use to charge you our Negotiation Fee for the Premium Negotiation Services and you agree to maintain a balance or available credit limit in the specified credit/debit account that is sufficient to fund all Negotiation Fees.
- agree that we may rely upon and share your information with our agents, referral partners, providers, and otherwise as necessary to provide you with our Premium Negotiation Services.
We may decline your request for us to provide you with our Premium Negotiation Services in our sole discretion. Unidos may terminate the Premium Negotiation Services immediately upon a failed authorization from the card that you have maintained in your account for the payment of a Negotiation Fee or upon your failure to maintain a credit/debit card in your Unidos account.Back to Top
Unidos offers its users the opportunity to participate in a program that rewards users for referring their friends and family members to us (“Referral Program”). There is no fee to participate in the Referral Program. When you register with Unidos, Unidos will provide you with a unique promotional code that you can use to refer a friend to Unidos by providing the code to your friend and your friend registering with us. If your friend also registers for our Premium Negotiation Service within thirty (30) days following the date on which your friend registered with us using your referral code, Unidos will credit [five U.S. Dollars ($5.00)] to your Unidos Account and [five U.S. Dollars ($5.00)] to the Unidos Account of the friend you referred. You are responsible for any federal, state, or local taxes as a result of earning rewards.
You may only earn a maximum of [fifty U.S. Dollars ($50.00)] in promotional rewards. You may not earn any rewards if your Unidos Account is past due, canceled, has a returned payment outstanding, or is otherwise in default. If you or Unidos close your Unidos Account(s) for any or no reason whatsoever, you forfeit all of your ability to earn rewards. Unidos may add to, terminate, and/or change the terms and conditions of its Referral Program at any time with or without notice to you. You acknowledge that in the event we make these changes, you may no longer be able to earn or use accrued rewards.
Rewards are issued solely for loyalty, awards, and promotional purposes. You may not use your rewards for a business or commercial purpose. Rewards have no cash value until and unless Unidos credits your Unidos Account, as described above. Rewards are not your property and you cannot transfer rewards to any other person. Rewards cannot be transferred by operation of law, such as by inheritance, bankruptcy, or in connection with a divorce. Unidos reserves the right to decline to credit your account for rewards earned at any time and for any or no reason whatsoever, subject to applicable law.
If Unidos, in its sole discretion, determines that you have engaged in abuse, misuse, or fraud in connection with earning rewards or that you otherwise attempt to do so, Unidos may take any action to remedy such acts, including, but not limited to, (i) taking away any rewards in your Unidos Account; (ii) temporarily suspending your ability to earn rewards, receive credits to your Unidos Account for referrals previously delivered to your friends [[or to participate in our Premium Negotiation Services]]; (iii) terminating your participation in the Referral Program; and/or (v) cancel your online account and/or Unidos Account.Back to Top
This Agreement shall be governed and construed in all respects by the laws of the State of Delaware, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Unidos Technology, and purchases of products and/or services through the Unidos Technology must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. You agree to submit to the exclusive jurisdiction of the courts of the State of Delaware or the United States District Court for the State of Delaware for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of this Application. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.Back to Top
Unidos Intellectual Property Notice
Pursuant to the Digital Millennium Copyright Act, Unidos has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this Application. Unidos respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide Unidos’s Copyright Agent the following information (the “Copyright Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the Unidos Technology; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Copyright 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.
Unidos’s Agent for transmitting the Copyright Notice for claims of copyright or other intellectual property infringement can be contacted at: IPagent@unidosfin.comBack to Top
You shall immediately notify Unidos if you know or have reason to believe that Unidos has been or will be required, as a result of activity arising out of or related to this Agreement or the services contemplated hereunder by any court or administrative agency of the United States or any state or by any legal process to respond to any subpoena, search warrant, discovery or other directive under the authority of such court, administrative agency, governmental inquiry or process in connection with any proceeding or investigation in which you or any of its affiliates, officers, directors, agents, employees, or subcontractors is involved. Whether or not such notice is given by you, you shall directly assist Unidos in Unidos’s attempt to reduce the burdens of compliance with any such directives, and you shall reimburse any and all reasonable expenses incurred by Unidos and its affiliates in complying with any such directive, including, but not limited to, attorneys’ fees and Unidos’s outside counsel attorneys’ fees for representation and advice, travel and lodging expenses.Back to Top
Order of Preference
This Agreement governs your use and access to the Unidos Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with Unidos. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Application or within the Unidos Technology, conflicts with any provision of your other agreements with Unidos, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.Back to Top
Links to Other Websites
Revisions and Consents
Unidos reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. Unidos also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the Unidos Technology. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Application or via electronic notice as described above. By continuing to enter this Application and/or using the Unidos Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.Back to Top
Unidos (including, but not limited to, this Unidos Application) may make forward-looking statements concerning Unidos’s future performance. Such statements are subject to risks and uncertainties that may cause Unidos’s actual performance to differ materially from that set forth in such forward-looking statements. Words such as “believe,” “expect,” “anticipate,” “intend,” or similar expressions are intended to identify forward-looking statements. Such statements speak only as of the date on which they are made. Unidos undertakes no obligation to update publicly or revise any such statements. Factors that could cause Unidos’s actual financial and other results to differ materially from those projected by Unidos in forward-looking statements include, but are not limited to, competition, economic conditions, delinquencies and credit losses, interest rate increases, availability of funding and securitization, customer behavior, new products and markets, growth, legal and regulatory.Back to Top
This Agreement constitutes the entire agreement between you and Unidos with respect to the subject matter addressed herein, and governs your access to and use of the Unidos Technology, superseding any prior agreements between you and Unidos relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with Unidos pursuant to your enrollment and/or participation in other features of the Unidos Technology.Back to Top
Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the parties are unable to agree on the arbitrator. Arbitration shall take place in the City of Wilmington in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).Back to Top
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
Unidos’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. Unidos may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Unidos. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.Back to Top
Print this Agreement
For record keeping purposes, Unidos encourages you to print this Agreement and the ancillary documents described herein.
You agree that this Agreement, combined with your act of using the Application and/or the services offered on or through the Application have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.Back to Top