OUR PLATFORM. The Ubii Platform is a communications platform for enabling the connection between individuals seeking to obtain services (“Customers”) and/or individuals seeking to provide services (“Professionals”). Customers and Professionals together are referred to as “Users”. Those certain services requested by the Customers, which are to be completed by the Professionals, are hereinafter referred to as “Professional Services”. The Professional Services may include any permitted services for which there is demand in any given community covered by the Ubii Platform. Ubii does not itself provide Professional Services. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the Ubii Platform. UBII, THROUGH THE UBII PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES ITSELF OR ACT IN ANY WAY AS A PROVIDER OF ANY SERVICE WHATSOEVER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY SERVICE OR PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE CUSTOMER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. UBII IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY PROFESSIONAL THAT PROVIDES PROFESSIONAL SERVICES.
A . Background Checks. Ubii checks the backgrounds of Professionals at the time of application, via third party background check services. However, each Customer should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE UBII PLATFORM, THE CUSTOMER AGREES INDEMNIFY AND TO HOLD UBII FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE OR INJURY OF ANY TYPE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. UBII IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES OR FROM ANY LIABILITY RELATING TO A CONNECTION TO A PROFESSIONAL AND OR A CONNECTION TO A USER, INCLUDING NON-PAYMENT BY A USER, DAMAGE TO PROPERTY, FAILURE TO SHOW UP, PERSONAL INJURY OR DEATH.
B. Job Rate. Each Professional determines its own rate schedule for Professional Service (“Job Rate”). This may vary depending on factors, such as location, time of service, and skills required. While UBII provides access to typical pricing information for certain job categories from time to time, it does not mandate a fee schedule for Professional Services. Users can review each available Professional’s fee schedule and decide who to choose based on pricing and other factors.
C. Text Messages and Phone Calls. By providing your phone number and using the Ubii Platform, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services and/or Merchandise. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word “STOP” to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the Ubii Platform. You agree to Ubii’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professor or Service Requestor using a telephone number provided by Ubii. During this process, Ubii and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Ubii’s use and disclosure of this call data for its legitimate business purposes.
D. Emails. Ubii may send you confirmation and other transactional emails regarding the Professional Services. Ubii and its affiliates may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
E. No Employment. Ubii provides a software platform which allows you to connect with independent Professionals. Ubii is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of Ubii for any purpose whatsoever. By accessing the Ubii Platform, Professionals are acknowledging that they are independent contracts and will indemnify UBII of any claims by anyone that allege that there exists an employment relkationship.
LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use UBII and be bound by the TOU, or (2) use UBII on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use UBII in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from UBII, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sub-licensable license to use, copy, display, distribute, and make derivative works from content you post.
USE. Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with UBII, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect UBII content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of UBII’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse UBII’s flagging or reporting processes. You agree not to collect UBII user information or interfere with UBII. You agree we may moderate UBII access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account at our sole discretion. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
LIQUIDATED DAMAGES. You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for any damages or costs, including for liquidated damages as follows for: (A) collecting/harvesting UBII users’ information, including personal or identifying information – $1000 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of UBII without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of UBII – $1,000 per violation; (D) posting or attempting to post Prohibited Content – $1000 per violation; (E) posting or attempting to post Prohibited Content in any paid section of UBII – the price per post applicable to that section of UBII plus $1000; (F) sending an unauthorized/unsolicited email to an email address obtained from UBII – $1000 per violation; (G) using UBII user information to make/send an unauthorized/unsolicited text message, call, or communication to a UBII user – $1500 per text/call/communication; (H) creating a misleading or unlawful UBII account or buying/selling a UBII account – $1000 per violation; (I) abusing or attempting to abuse UBII’s flagging or reporting processes – $1000 per violation; (J) distributing any software to facilitate violations of the USE Section – $50,000 per violation; (K) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting CL content for any purpose without our express written consent – $50,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of UBII in any 24-hour period – $1 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $1000 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
FEES. You authorize us to charge your account for UBII fees in paid areas (Ubii.com/fees). Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate.
DISCLAIMER & LIABILITY. To the full extent permitted by law, Ubii LLC, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“UBII Entities”) (1) make no promises, warranties, or representations as to UBII, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide UBII on an “AS IS” and “AS AVAILABLE” basis and any risk of using UBII is assumed by you in its entirety; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with UBII. UBII Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to UBII, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to UBII (“Claims”) will be governed by the internal laws of Florida, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Palm Beach County, Florida (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Palm Beach County, FLorida; (2) indemnify and hold UBII Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of UBII; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
TRADEMARKS. Ubii, UbiPro, “UBII” and any associated logos are registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world.
MISC. Users complying with prior written licenses may access UBII thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations. If you reasonably believe content infringes your IP rights, see Ubii.com/about/dmca. Questions? Email firstname.lastname@example.org.
CONTACT INFORMATION. If you have any questions regarding this Agreement, please contact us at legal@Ubii.com or by mail the below address:
Ubii LLC d/b/a Ubii
P.O. Box #8690,
Deerfield Beach, FL 33441
Last updated: January 6, 2018
Generally, Customers can access Ubii.com connection services for free, except for certain additional custom services as made available byUBII from time to time.
Professionals benefit by using Ubii Platform and associated services and agree to pay Ubii Connection Fees as follows:
Five US Dollars ($5.00) per connection, when Professional accepts a Customer’s notification request, unless otherwise listed below:
Three Dollars for:
Seven Dollars and Fifty Cents ($7.50) for:
1) Electrical Services
Questions? Please email email@example.com