TERMS OF USE
Welcome to www.urbanance.com.
By using this website (“Site”), you are agreeing to comply with and be bound by
the following terms and conditions of use, which together with our Privacy
Policy govern the relationship between you and WordPress., provider of the
Site. The terms “Provider” or “us” or “we” refer to the owner of the Site, Bluehost.,
whose registered office is in Florida, United States of America. The term “you”
refers to the user or viewer of our Site. The use of the Site is subject to the
following terms of use:
A. User’s
Acknowledgment and Acceptance of Terms
1. The content
of the pages of the Site is for your general information and use only. It is
subject to change without notice.
2. Your use of
any information or materials on the Site is entirely at your own risk, for
which we shall not be liable. It shall be your own responsibility to ensure
that any products, services or information available through this Site meet
your specific requirements.
3. By accessing
and using our Site, you agree to be bound by the terms found in our Privacy
Policy which can be accessed by the following link.
4. BY ACCESSING
AND USING OUR SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY
FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR
OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE
AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING
COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON
COMMENCEMENT OF YOUR USE OF THIS SITE.
5. You must be
at least 18 years of age to access this Site.
B. Intellectual Property Information
1. Copyright ©
2023 WordPress. All Rights Reserved.
2. The
trademarks, logos and service marks (“Marks”) displayed on the Site are the
property of Provider and other parties. You are prohibited from using any Marks
for any purpose including, but not limited to use as metatags on other pages or
Sites on the World Wide Web without the written permission of Provider or such
third party which may own the Marks. All information and content located on the
Site is protected by copyright. You are prohibited from modifying, copying,
distributing, transmitting, displaying, publishing, selling, licensing, creating
derivative works or using any content available on or through the Site for
commercial or public purposes. Unauthorized use of the Provider Site may give
rise to a claim for damages and/or be a criminal offense.
3. This Site
provides links to other Sites by allowing you to leave this Site to access
third-party material or by bringing third-party material into this Site via
“inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no
discretion to alter, update, or control the content on a Linked Site. The fact
that Provider has provided a link to a Site is not an endorsement,
authorization, sponsorship, or affiliation with respect to such Site, its
owners, or its providers. There are inherent risks in relying upon, using or
retrieving any information found on the Internet, and Provider urges you to
make sure you understand these risks before relying upon, using, or retrieving
any such information on a Linked Site.
4. All content,
products and services on the Site, or obtained from a Site to which the Site is
linked are provided to you “AS IS” without warranty of any kind either express
or implied including, but not limited to, the implied warranties of
merchantability and fitness for a particular purpose, title, non-infringement,
security or accuracy.
5. Provider
does not endorse and is not responsible for (a) the accuracy or reliability of
an opinion, advice or statement made through the Site by any party other than
Provider, (b) any content provided on Linked Sites or (c) the capabilities or reliability
of any product or service obtained from a Linked Site. Other than as required
under applicable consumer protection law, under no circumstance will Provider
be liable for any loss or damage caused by your reliance on information
obtained through the Site or a Linked Site, or your reliance on any product or
service obtained from a Linked Site. It is your responsibility to evaluate the
accuracy, completeness or usefulness of any opinion, advice or other content
available through the Site, or obtained from a Linked Site. Please seek the
advice of professionals, as appropriate, regarding the evaluation of any
specific opinion, advice, product, service, or other content.
6. The
information, software, products, and descriptions of services published on the
Site or a Linked Site may include inaccuracies or typographical errors, and
Provider specifically disclaims any liability for such inaccuracies or errors.
Provider does not warrant or represent that the content on the Site is complete
or up-to-date. Provider is under no obligation to update the content on the
Site. Provider may change the content on the Site at any time without notice.
Provider may make improvements or changes to the Site at any time.
C. Access to Site
You agree that Provider, Its
affiliates and any of their respective officers, directors, employees, or
agents will not be liable, whether in contract, tort, strict liability or
otherwise, for any indirect, punitive, special, consequential, incidental or
indirect damages (including without limitation lost profits, cost of procuring
substitute service or lost opportunity) arising out of or in connection with
the delay or inability to use the Site or a Linked Site, or with the delay or
inability to use the Site or a linked Site, even if Provider is made aware of
the possibility of such damages. This limitation on liability includes, but is
not limited to, the transmission of any viruses which may infect your
equipment, failure of mechanical or electronic equipment or communication
lines, telephone or interconnect problems (e.g., you cannot access your
internet service provider), unauthorized access, theft, operator errors,
strikes or other labor problems or any force majeure. Provider cannot and does
not guarantee continuous, uninterrupted or secure access to the Site.
D. Conduct on the Site
and Bar Code Fraud
Your use of the Site is subject
to all applicable laws and regulations, including Netiquette, and you are
solely responsible for the contents of your communications through the Site. By
posting information in or otherwise using any communications service, chat
room, message board, newsgroup, software library, or other interactive service
that may be available to you on or through this Site, you agree that you will
not upload, share, post, or otherwise distribute or facilitate distribution of
any content ‑‑ including text, communications, software, images, sounds, data,
or other information ‑‑ that: (a) Is unlawful, threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy,
tortious, contains explicit or graphic descriptions or accounts of sexual acts
(including but not limited to sexual language of a violent or threatening
nature directed at another individual or group of individuals), or otherwise
violates our rules or policies; (b) Victimizes, harasses, degrades, or
intimidates an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability; (c) Infringes
on any patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party; (d) Constitutes unauthorized or unsolicited
advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any
other form of unauthorized solicitation, or any form of lottery or gambling;
(e) Contains software viruses or any other computer code, files, or programs
that are designed or intended to disrupt, damage, or limit the functioning of
any software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; (f)
Impersonates any person or entity, including any of our employees or
representatives; (g) Constitutes pyramid schemes, illegal contests or
multi-level campaigns; or (h) Distributes email campaigns that contain links or
displays, obscene content, gambling content, nudity, illegal software, viruses
or any other content that we do not approve of and deem inappropriate. We
neither endorse nor assume any liability for the contents of any material
uploaded or submitted by third party users of the Site.
E. Disclaimer of
Warranties
ALL MATERIALS AND SERVICES ON
THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
THE WARRANTY OF NON‑INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO
WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b)
THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE,
(c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS
WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR
OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR
DEFECTS. Some WordPress. products, classes and course may offer “lifetime
access”. This specifically refers to the lifetime of the product, class or
course and not that of individual people. THIS SITE COULD INCLUDE TECHNICAL OR
OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO
THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS
OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR
SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE
SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER
ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
ACTIVITIES. Through your use of the site, you may have the opportunities to
engage in commercial transactions with other users and vendors. You acknowledge
that all transactions relating to any merchandise or services offered by any
party, including, but not limited to the purchase terms, payment terms,
warranties, guarantees, maintenance and delivery terms relating to such
transactions, are agreed to solely between the seller or purchaser of such
merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY
TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU
UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN
RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES,
MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY
IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR
AFFILIATES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PROVIDER
IS NOT A MEDICAL DOCTOR AND DOES NOT PROVIDE MEDICAL ADVICE ON THIS SITE. YOU
SHOULD CONSULT YOUR LOCAL PHYSICIAN IF YOU HAVE A MEDICAL CONDITION OR
QUESTIONS ABOUT A POSSIBLE MEDICAL CONDITION.
F. Limitation of
Liability
Your exclusive remedy and our
entire liability, if any, for any claims arising out of these Terms of Use and
your use of this site shall be limited to the amount you paid us for the
services on the site during the three (3) month period before the act giving
rise to the liability. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY
THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE
OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL
NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH
THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS
SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
G. Indemnification
Upon a request by us, you agree
to defend, indemnify, and hold us and our Affiliates harmless from all
liabilities, claims, and expenses, including attorney’s fees, which arise from
your use or misuse of this site. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with us in asserting
any available defenses.
H. Participation in
Promotions
From time to time, this site
may include advertisements offered by third parties. You may enter into
correspondence with or participate in promotions of the advertisers showing
their products on this site. Any such correspondence or promotions, including
the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such correspondence
or promotions, are solely between you and the advertiser. We assume no liability,
obligation or responsibility for any part of any such correspondence or
promotion.
I. Use of Site
You acknowledge that we may
establish general practices and limits concerning use of the services available
on our site, including without limitation the maximum disk space that will be
allotted or our servers on your behalf, and the maximum number of times (and
the maximum duration for which) you may access the services in a given period
of time. You agree that we have no responsibility or liability for the deletion
or failure to store any content maintained or transmitted on or through this
site. You acknowledge that we reserve the right to log off accounts which have
not paid a subscription fee that are inactive for an extended period of time.
You further acknowledge that we reserve the right to change these general
practices and limits at any time, in our sole discretion, with or without
notice.
J. Security and
Password
You are solely responsible for
maintaining the confidentiality of your password and account and for any and
all statements made and acts or omissions that occur through the use of your
password and account, including any mail sent and any charges incurred.
Therefore, you must take steps to ensure that others do not gain access to your
password and account. Our personnel will never ask you for your password. You
may not transfer or share your account with anyone, and we reserve the right to
immediately terminate your account in the event of any unauthorized transfer or
sharing thereof.
K. Termination of Use
You agree that we may, in our
sole discretion, terminate or suspend your access to all or part of the site
with or without notice and for any reason, including, without limitation,
breach of these Terms of Use. Any suspected fraudulent, abusive or illegal
activity may be grounds for terminating your relationship and may be referred
to appropriate law enforcement authorities. Upon termination or suspension,
regardless of the reasons therefore, your right to use the services available
on this site immediately ceases, and you acknowledge and agree that we may
immediately deactivate or delete your account. We shall not be liable to you or
any third party for any claims or damages arising out of any termination or
suspension or any other actions taken by us in connection therewith. Sections
A, B, E, H, and K-P of these Terms of Use, as well as your liability for any
unpaid fees, shall survive any termination.
L. Governing Law and
Venue
This site (excluding any Linked
Sites) is controlled by us from our offices within the State of Georgia, United
States of America. It can be accessed from all 50 states, as well as from other
countries around the world. As each of these places has laws that may differ
from those of Georgia, any dispute arising from the use of this Site or any
other cause of action shall be governed by California law, without regard to
the conflicts of laws principles thereof or the United Nations Convention on
the International Sales of Goods. Further, any and all disputes shall be
decided solely and exclusively by State or Federal courts located in Atlanta,
Georgia and any party who unsuccessfully challenges the enforceability of this
forum selection clause or choice of law shall reimburse the prevailing party
for its attorney’s fees and costs.
M. International Use
Although this site may be
accessible worldwide, we make no representation that materials on this site are
appropriate or available for use in locations outside the United States, and
accessing them from territories where their contents are illegal is prohibited.
Those who choose to access this site from other locations do so on their own
initiative and are responsible for compliance with local laws. Any offer for
any product, service, and/or information made in connection with this site is
void where prohibited.
N. Notices
All notices to a party shall be
in writing and shall be made via e-mail. Notices to us must be sent to the
attention of Customer Service at [email protected].
Notices to you may be sent either to the e-mail address supplied for your
account or to the address supplied by you as part of your Registration Data. In
addition, we may broadcast notices or messages through the Site to inform you
of changes to the Site or other matters of importance, and such broadcasts
shall constitute notice to you. Any notices or communication under these Terms
of Use will be deemed delivered to the party receiving such communication (a) on
the delivery date if delivered personally to the party; (b) two business days
after deposit with a commercial overnight carrier, with written verification of
receipt; (c) five business days after the mailing date, if sent by US mail,
return receipt requested; (d) on the delivery date if transmitted by confirmed
facsimile; or (e) on the delivery date if transmitted by confirmed e-mail.
O. Entire Agreement
These terms and conditions
constitute the entire agreement and understanding between us concerning the subject
matter hereof and supersedes all prior agreements and understandings of the
parties with respect thereto. These Terms of Use may NOT be altered,
supplemented, or amended by the use of any other document(s). Any attempt to
alter, supplement or amend this document or to enter an order for products or
services which are subject to additional or altered terms and conditions shall
be null and void unless otherwise agreed to in a written agreement signed by
you and us. To the extent that anything in or associated with this site is in
conflict or inconsistent with these Terms of Use, these Terms of Use shall take
precedence.
P. Miscellaneous
In any action to enforce these
Terms of Use, the prevailing party will be entitled to costs and attorneys’
fees. Any cause of action brought by you against us or our Affiliates must be
instituted with one year after the cause of action arises or be deemed forever
waived and barred. You may not assign your rights and obligations under these
Terms of Use to any party, and any purported attempt to do so shall be null and
void. We may assign our rights and obligations under these Terms of Use. You
agree not to sell, resell, reproduce, duplicate, copy or use for any commercial
purposes any portion of this site, or use of or access to this site. In
addition to any excuse provided by applicable law, we shall be excused from
liability for non‑delivery or delay in delivery of products and services
available through our site arising from any event beyond our reasonable
control, whether or not foreseeable by either party, including but not limited
to, labor disturbance, war, fire, accident, adverse weather, inability to
secure transportation, governmental act or regulation, and other causes or
events beyond our reasonable control, whether or not similar to those which are
enumerated above. If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or
related rights shall not constitute a waiver of that right or provision.
Q. Contact Information
Except as explicitly noted on
this site, the services available through this site are offered by WordPress.,
a Florida corporation. The Complaint Assistance Unit of the Division of
Consumer Services of the Department of Consumer Affairs or if you notice that
any user is violating these Terms of Use, please contact us at [email protected].
R. Disclosure
Please note that some of the
links on this site are affiliate links, and at no additional cost to you, WordPress.
will earn a commission if you decide to make a purchase. Please understand that
the Provider has personal experience with all of these companies. They are
recommended because they have been found to be of good quality, helpful, and
useful, not because of the small commissions made if you decide to buy
something. As with anything, please do not spend any money on these products
unless you feel you need them or that they will help you achieve your goals.