Uneek Software Policy and Agreement
The Web is an evolving medium. Uneeksoftware.com may change the terms of this agreement from time to time. By continuing to use this website and following our posting of such changes, you agree to be bound by this agreement, as modified. Uneeksoftware.com may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time. The material that appears on Uneeksoftware.com is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services you've read about on Uneeksoftware.com, you should confirm all information (including the price) that is important to your purchasing decision. Uneeksoftware.com is not responsible for, and does not guarantee the performance of, any such goods or services.
Your registration for, or use of, our product or service shall be deemed to be your agreement to abide by this Agreement including any materials available on the Uneeksoftware.com website incorporated by reference herein, including but not limited to Uneek Software privacy and security policies.
We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to our Customer Service at customersupport@uneeksoftware.com along with an explanation of your objection.
THE PURPOSE
Purpose of Uneek Software. Uneek Software is a provider of unique software products, and website located at www.uneeksoftware.com (the “Site”) provided by Uneeksoftware. Our software "iChameleon" enables users to automate any task they perform online. Eligibility. The Uneek Software Service is available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Uneek Software Service is not available to temporarily or indefinitely suspended Users. Users are not employees, agents or contractors of Uneek Software. Entire Agreement. The terms and conditions set forth in this Section and/or any additional or different terms expressly agreed by Buyer through the Uneek Software Service shall constitute the entire agreement and understanding of Buyer and Uneek Software with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them.
ACKNOWLEDGMENTS BY USER OF UNEEK SOFTWARE’S ROLE.
Service Contracts: User expressly acknowledges, agrees and understands that: (i) the Uneek Software Service is merely a venue where User can simplify their business practice by utilizing our automation tool to perform any task online. Proprietary Rights in and to the Uneek Software Tools. User may not use the Uneek Software Tools except as necessary for the purposes of discharging its obligations under this Agreement and any Service Contract entered into pursuant to this Agreement and on the terms set out in the License Agreement. Uneek Software reserves the right to suspend or terminate User’s access to the Uneek Software site and Uneek Software Tools at any time in its sole discretion, and to withdraw, expand and otherwise change the Uneek Software Service and Uneek Software Tools (including the functionality of the Uneek Software Tools) at any time in Uneek Software sole discretion. Without limiting any provisions contained in the License Agreement, User shall not be entitled to create any “links” to the Uneek Software Tools, or “frame” or “mirror” any content contained on, or accessible through, the Uneek Software Tools, on any other server or internet-based device without prior permission.
FEES AND PAYMENTS.
All Sales Are Final. However, if iChameleon ("software product") fail to run on your computer system after purchasing it, please contact us regarding the issue. If we are not able to resolve the issue that's preventing iChameleon from running on your computer system, we will issue you a FULL Refund within 30 days. Please do not attempt to make any fraudulent purchases. If we receive any fraudulent refund requests or chargebacks, you will be subject to prosecution under the Credit Card Fraud Law.
CONFIDENTIAL INFORMATION.
Confidentiality. To the extent a Buyer provides Confidential Information to Uneek Software (as the case may be) shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and shall not: (i) disclose Confidential Information to anyone except, in the case of Uneek Software, to any Provider engaged by Buyer for the Assignment; and use the Confidential Information, except as necessary for the performance of Services for the relevant Assignment (including, without limitation, the storage or transmission of Confidential Information on or through Uneek Software Tools for use by Provider). Return. If and when Confidential Information is no longer needed for the performance of services for the relevant Assignment, or at the Publications. Without limiting (Confidentiality), neither Provider nor Uneek Software shall publish, or cause to be published, any Confidential Information
WARRANTY DISCLAIMER.
UNEEK SOFTWARE MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES, TOOLS, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNEEK SOFTWARE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SECTION (TERMINATION) STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST UCARLIST WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES OR DISSATISFACTION.
LIMITATION OF LIABILITY.
IN NO EVENT WILL UNEEK SOFTWARE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THE LIABILITY OF UNEEK SOFTWARE TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) U.S. $500; AND (B) ANY UNEEK SOFTWARE FEES RETAINED BY UNEEK SOFTWARE WITH RESPECT TO ASSIGNMENTS ON WHICH USER WAS INVOLVED AS BUYER DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
INDEMNIFICATION.
Proprietary Rights. Each User shall indemnify, defend and hold harmless Uneek Software and its subsidiaries, affiliates, officers, agents, employees, representatives and co-branders or other partners (each an “Indemnified Party” for purposes of this Section) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, judgment, or adjudication that any Services or action or omission by such User infringes Proprietary Rights or other rights of any third party. Indemnification by Buyer. Each Buyer shall indemnity, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to (i) such Buyer’s use of Services, including without limitation claims by or on behalf of any Provider for Worker’s Compensation or unemployment benefits, or (ii) any Service Contract entered into between such Buyer and Uneek Software. Indemnification by User. Each User shall indemnity, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses)arising from or relating to (i) such provision of Services, or (ii) any Service Contract entered into between Uneek Software and a Buyer.
ENTIRE AGREEMENT; PREVIOUS AGREEMENTS AND ONGOING ASSIGNMENTS.
Entire Agreement. This Agreement, including the incorporated Policies, sets forth the entire agreement and understanding of the parties relating to its subject matter and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them. In particular, this Agreement cancels and supersedes any Uneek Software Buyer Services Agreement, and/or Affiliate Services Agreement that User might have previously entered into with Uneek Software (“Previous Agreements”). In case of any inconsistencies between the Policies and the other terms of this Agreement, the latter shall prevail.