TERMS OF SERVICE

URBAN CONNECT Terms of Service

1. Introduction

Thank you for visiting www.urban-connect.net. By placing an order, clicking to accept this Agreement, or using or accessing any Service (as defined below), you agree to all the terms and conditions of these URBAN CONNECT Terms of Service. These terms of service, the privacy policy, and your order form (collectively, the “Agreement”) reflect the terms and conditions agreed upon between User (sometimes referred to as “you” or “your”) and URBAN CONNECT. Inc (sometimes referred to as “we,” “us,” or “our”) regarding the services identified on the order form.

2. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Agreement” refers to these Terms of Service and if a Service is ordered, as combined with the order form;
URBAN CONNECT refers to our company, known as “URBAN CONNECT. Inc, doing business as URBAN CONNECT;
“Order Form” refers to the order form generated through the Site with inputs of User and related to the purchase of Service following a quotation from URBAN CONNECT, also generated by the Site;
“Service” refers to the services that we provide through our Site as well as any auxiliary professional services such as custom integrations, API or development consulting, onsite training, etc.;
“Site” refers to our website, www.urban-connect.net;
“User” refers to anyone who uses our Service, including general visitors to our Site;
“We,” “us,” or “our” refers to URBAN CONNECT. Inc“;
“You” refers to you, the person who is entering into this Agreement with URBAN CONNECT.

3. Description of Service

URBAN CONNECT is a Professional Translation Services provider, with services ordered through its website.

4. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, URBAN CONNECT, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
You must not sign up on behalf of any natural person other than yourself.
You must, if signing up on behalf of a person other than a natural person, have the authority to bind that person to this Agreement, and you hereby represent that you are binding both that person and yourself to this Agreement, and that both that person and you shall be held jointly and severally liable for any breaches of this Agreement.
You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.

5. Nature of Service

URBAN CONNECT is offered on an “as-is”, “where-is” basis. You agree that:

We make no warranties or representations in regard to the suitability of using our Service for your purposes, and that you are solely responsible for determining whether URBAN CONNECT is fit for your intended purpose or purposes.
We do not guarantee that our translations will be 100% flawless.
We make no representations or warranties in relation to uptime vis-à-vis its servers, or uninterrupted or error-free service.
We reserve the right to edit, suspend, or refuse to publish or perform any Service that we believe would violate a third party’s rights or expose us to liability.
We may modify our systems and Services from time to time. If we modify a Service in a manner that materially alters the nature and value of the Service, in our sole discretion, we will notify you at least 30 days prior to the modification and you may opt to terminate the Service, effective upon modification, by providing us written notice of termination within five business days following the modification.
We may discontinue a Service at any time, at our discretion, and substitute one or more Services of comparable value, or we may discontinue the Service and related charges without substitution.
We may refuse, modify, or remove from any Service content we deem to violate applicable law, our legal rights, or the rights of a third party. We may terminate the Service if we determine other remedies are ineffective.
We may not accept material that we consider illegal, offensive, or inappropriate and may refuse to deliver the Services without the need for any further explanations.
We may engage third parties to provide or fulfill the Services. You authorize us to engage third parties as necessary to provide you the Service, provided that we will be responsible for the performance of such third parties.

You grant us permission to use, store and process your content in accordance with applicable law. Access and use of your content by our employees and contractors will be directed by you and limited to the extent necessary to deliver the Services. We will not disclose your content except in support of the use of the Services or unless required by law. We will not assume any responsibility for determining the purposes for which and the manner in which personally identifiable information and data are processed.

If requested, URBAN CONNECT will sign a non-disclosure agreement in order to assure the confidentiality of the documents to be translated.

Should any of our translations contain any significant, objective, and verifiable mistakes or errors with regard to grammar, syntax, orthography, punctuation, terminology, or style, we will correct these without charge. However, if corrections are based on the client’s subjective preference of style and/or terminology, URBAN CONNECT shall not have an obligation to make such corrections or implement such changes at no charge, unless preferences of style and/or terminology have been communicated to URBAN CONNECT in writing prior to the start of the translation process.

6. Rules of Use

You agree not to:

Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of URBAN CONNECT.
Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Hack, crack, phish, SQL inject, introduce any spyware, malware, viruses, Trojan horses, backdoors, or other software exploits or otherwise compromise the security or integrity of the URBAN CONNECT Site, Service, or its Users’ computers.
Subcontract, sublicense, distribute, sell the URBAN CONNECT Service to any third party.
Do anything else which could bring URBAN CONNECT into disrepute or violate the rights of any person.
Use any means to discern the source code of our products and/or Services.
Share your password(s) to any third party, as your access to certain Services is password protected and you are responsible for assigning the passwords and maintaining password security.

7. Payment, Refunds, and Pricing

Payment can be made by means of a credit card. Unless otherwise stated, all prices are listed in United States dollars. Once a payment processed no refunds shall be granted, even on a pro rata basis. Additional terms, surrounding payment, refunds, and pricing may be published on our Site and are hereby incorporated into this Agreement by reference.

8. Copyright

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, nor modify, translate, or create derivative works of our Site and Services, without receiving our prior written permission. Copyright notices must be retained on the transmitted or printed items. The Copyright Act (17 U.S.C.A. 107) fair use provision may allow additional uses.

You agree to be solely responsible for the use of our translations, including free sample translations. You shall be solely responsible for abiding by all copyright laws in any or all countries of the world. URBAN CONNECT shall not be responsible for any infringements of copyright laws by clients.

9. Trademarks

“URBAN CONNECT” is a trademark used by us, K's Tech Inc., to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.

10. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

11. Limitations of Warranties & Liabilities

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, AGENTS, COUNSEL, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSES, AND CAUSES OF ACTION, ARISING OUT OF OR RELATING THE USE OR MISUSE OF THE WEBSITE, OR ANY PART THEREOF, (WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, OF ANY, TO COMPANY DURING THE SIX MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR FIFTY US DOLLARS, WHICHEVER IS LESSER.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “Limitations of Warranties & Liabilities” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

12. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third-party actions, causes of action, liability, damages, costs, and expenses, including attorney’s fees (collectively, “Losses”) which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site, use of the translations or acceptance of the offers contained on it, including but not limited to claims that: content or materials you provided to us for use in the delivery of the Services, infringes on a third party’s intellectual property rights; the Services you approved includes content that is false, offensive, deceptive, or defamatory, or may otherwise cause harm to us or a third party; content or materials you provided to us contained bugs, viruses, or malicious code; your use of the Services failed to comply with applicable laws, rules, or regulations; or you failed to comply with applicable third-party terms of service made known to you by us. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

13. Choice of Law

This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract are deemed to have occurred in the State of California.

14. Forum of Dispute; limitations of Claims

Any dispute, claim or controversy arising out of or relating to this Agreement or the other agreements and documents contemplated hereby or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in San Diego, California, before one (1) arbitrator. The arbitration shall be administered by JAMS (or any like organization successor thereto) pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall follow any applicable federal law and California state law in rendering an award. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Parties further understand and agree that the arbitrator’s decision shall be final and binding to the fullest extent permitted by law and enforceable by any court having jurisdiction thereof. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Notwithstanding the foregoing, you, and we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

No claim arising out of or related to any Service may be brought by either party more than two months after the Service has been delivered, except that we may bring an action to collect unpaid charges at any time prior to the expiration of the applicable statute of limitations.

15. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

16. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, URBAN CONNECT shall have the sole right to elect which provision remains in force.

17. Non-Waiver

URBAN CONNECT reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

18. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

19. Amendments

URBAN CONNECT may amend this Agreement from time to time. When we amend this Agreement, we will e-mail you to inform you that there has been a change and update this page accordingly. Your continued use of our Service shall constitute your acceptance of any such amendments.

20. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about URBAN CONNECT must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to info@urban-connect.net.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.