Terms Of Service
1. ACCEPTANCE OF TERMS
UniversalAchievers.com, a division of Universal Achievers, Inc. (hereafter UA) provides a membership platform where Members can selectively participate in various products and services offered by UA. Products offered by UA are available to all registered UA Members and UA Reps through UA’s Members only website, UniversalAchievers.com (UAC).
ANY USE OF ONE OR MORE OF OUR WEBSITES, INCLUDING BUT NOT LIMITED TO UNIVERSALACHIEVERS.COM, OR OTHER RELATED WEBSITES, TOOLBARS, WIDGETS, APPLICATIONS OR DISTRIBUTION CHANNELS FROM WHICH WE MAY OPERATE (collectively, the “Site” or “Sites” or “UA”), OR OUR SERVICES, IS SUBJECT TO AND CONDITIONED UPON ASSENT TO AND COMPLIANCE WITH ALL OF THESE TERMS. Portions of the Services may be subject to other terms and conditions and your use of such services is subject to and conditioned upon your acceptance of such additional terms and conditions.
BY ACCESSING THE SITE AND USING THE SERVICES, YOU CONFIRM AND ACKNOWLEDGE THAT YOU HAVE (1) READ THIS AGREEMENT AND THAT YOU UNDERSTAND ITS CONTENT, AND (2) THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT. THE AGREEMENT IS BETWEEN YOU AND UNIVERSAL ACHIEVERS, INC. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Site or the Services. Use of our Site or Services is void where prohibited.
From time to time, UA may amend the Agreement, in its sole discretion, by posting updated versions at universalachievers.com or by notifying you by other means. All such modifications to the Agreement shall become effective upon the posting of the revised Agreement to universalachievers.com or by your receipt of notification of a change to the Agreement. If you do not agree to the new or different terms, you should not use or access the Site or the Services.
2. OUR SERVICES
We provide various website solutions for our Advertisers (Advertisers), 700 Platinum Club Members and UA Members (hereafter “Members”, “Member”), including but not limited to: our Sites, mobile website applications, prize drawings, advertising solutions and the Services. You may use the Services for your personal and business use or for internal business purposes in the organization that you represent, as long as you are in compliance with all provisions of this Agreement.
We do not own nor claim ownership of the content submitted to be included and/or displayed on our websites (“Content”). This is your Content. By submitting Content to us for inclusion and/or display on our websites, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the content of our Advertisers on our websites to our Members, and storing it on our servers. This license exists only for as long as you continue to be our customer and shall be terminated only upon receiving written notice from you. You acknowledge that we do not pre-screen Content; however, we reserve the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available to third parties via the Services. Without limiting the foregoing, we shall have the right in our sole discretion to remove any Content that violates this Agreement or is otherwise objectionable.
In connection with your use of the Sites or the Services, you may be made aware of services, products, prizes, offers and promotions provided by Advertisers. If you decide to use such Advertisers (third party) services, you are responsible for reviewing and understanding the terms and conditions governing such third party services, and acknowledge that the third party is responsible for the performance of such services.
In providing the Services, we obtain and rely on certain information from third parties and third party software and applications. We cannot guarantee the accuracy or completeness of such data.
Any downloads of software from the Sites or from authorized Advertisers (third party) websites, which enable you to access and use the Services, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (the “Software”) is licensed to you by us or third-party licensors for your personal, noncommercial use only. You shall keep intact all copyright and other proprietary notices and your use of such Software is strictly subject to the terms of this Agreement and any agreement accompanying the Software.
It is your obligation to ensure that you fully comply with all applicable laws, regulations and directives with regard to the use of the Sites and the Services. For the avoidance of doubt, the ability to access our Sites or the Services does not necessarily mean that your use thereof are legal under relevant laws, regulations and directives.
3. REGISTRATION AND ACCOUNT MANAGEMENT
The content of the Sites are only available to registered members of UA. There is no charge for registering as a Rep, and any person 18 years of age or older can register as a member at UniversalAchievers.com. Some functions of the Services require you, as a Rep or Advertiser, to provide certain additional information, including among others: your name, email address, company name, field of business and website URL (Registration Data”). By using the Services, you agree to:
We assume that any communications and other activities through use of your Registration Data were sent or authorized by you, and you are fully responsible for all activities that occur under your Registration Data.
We may, in our sole discretion and without notice or liability to you or any third party, immediately suspend or terminate your account and refuse any and all current or future access to and use of the Services (or any portion thereof). Grounds for such termination may include, but are not limited to, extended periods of inactivity, loss, theft or unauthorized use of your Registration Data, violation of the letter or spirit of this Agreement, providing content including without limitation Registration Data that is inappropriate or offensive in our discretion, or if we have reasonable grounds to suspect any of the Registration Data that you provided is inaccurate, not current or incomplete.
You declare that by providing your Registration Data to us, you hereby consent to, us sending, and you receiving, by means of telephone, facsimile, SMS or email, communications containing content of a commercial nature relating to your use of the Site, the Services and related services, including further information and offers from us that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that you do not wish to receive such commercial content anymore.
4. PAYMENTS, REFUNDS AND TAXES
By using the Services, you as a Member agree to pay directly to the Advertiser for services that you order from said Advertisers.
Services ordered by an Advertiser on one or more of the Sites understands and agrees that all fees in connection with Services, including but not limited to custom design services, are non-refundable and non-cancelable, and payable according to the payment arrangements stipulated on Advertiser’s order.
You as a Rep, Account Executive and/or Member shall be fully responsible for the payment of any taxes that apply to your earnings from all sources of income derived through UA, including but not limited to commissions on UA products and services, Refer-A-Friend compensation, Team bonus compensation, Revenue Sharing bonuses, commissions from sales that you generate, UA’s affiliate marketing program, and any other source of income provided to you from UA or 3rd party organizations.
All payments for Refer-A-Friend bonuses, Team bonuses and Revenue Sharing bonuses are paid on the 15th of every month. You can receive compensation by an ACH deposit into your Checking or Savings account, or on your UA Visa Reward Card, your choice.
5. USER CONDUCT
You may access and use the Sites and Services only for its purposes as intended by the normal functionality of the Sites and Services, as long as you are in compliance with all provisions of this Agreement. In connection with your use of the Sites and the Services, you agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, our policies or the operational or security mechanisms of the Services, and without limiting the foregoing you agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
- with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
- that impersonates any person or entity, including, but not limited to, a UA employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation if: posted in areas of UA which are not designated for such purposes;
- or emailed to UA users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- 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;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
- or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
- contact anyone who has asked not to be contacted;
- “stalk” or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by UA;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to UA’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or UA;
- or use any form of automated device or computer program that enables the submission of Content on UA without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.
b) interfere with the access, use or enjoyment of this Site or the Services by others (including without limitation causing greater demand on the Services than is deemed by us reasonable, attacks such as “flaming” other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants’ identities); harass or defame others; or promote hatred towards any group of people;
c) harvest or otherwise collect non-public information about another user obtained through the Site or the Services (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;
d) add a Site member to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;
e) use any Content except for the intended purposes of the Services and Site, subject always to the terms of this Agreement. You may not display, import or export feedback information relating to the Site or use it for purposes unrelated to the Services without our prior written consent;
f) alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Site, the Services, any Content, or features;
g) access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Services;
h) decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Services except if and to the extent permitted by applicable law;
i) copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the Services, the Site or the Content;
j) use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Site or the Services, or bypass any robot exclusion request (either on headers or anywhere else on the Site);
k) fail to deliver timely payment for your purchases;
l) use any meta tags or any other “hidden text” utilizing any trademarks or intellectual property owned or licensed by us;
m) create or provide any other means through which the Services may be accessed, for example, through server emulators, whether for profit or not;
n) ‘deep-link’, redistribute or facilitate the redistribution of Content; and
abuse or use any other means to affect or manipulate the Services in general or the prices quoted through the Services.
We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Content, other than Content provided by us.
7. PROPRIETARY RIGHTS
You acknowledge that the Services and Content, including without limitation the Software, the trademarks, service marks and logos contained on the Site (“Marks”), are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Content, the Site and the Services are reserved by us and our licensors. Third-party product names, logos, brands and trademarks displayed on the UA sites are the property of their respective owners.
You acknowledge that the Content, including without limitation Marks, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual Content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Content, the Site and the Services not expressly granted herein are reserved.
8. RELEASE & DISPUTES WITH OTHERS
You are solely responsible for your interaction with other users of the Services and other parties with whom you come in contact through the Services. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Services. If you have a dispute with one or more users of the Site or the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
9. LINKS TO OTHER WEBSITES
10. LINKS TO THIS SITE
Subject to the terms of this Agreement and as long as this Agreement is not terminated, we grant to you, a nonexclusive, non-transferable, non-sublicenseable right to display on your website a link to the Site’s homepage, as long as your use is not misleading, illegal or defamatory, or your website is not obscene, pornographic, inappropriate or illegal. You may display the logo only in the form and size provided to you. You may not use the logo in any way that suggests that we endorse or sponsor your site, or that tarnishes, blurs or dilutes the quality of our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing, misleading or illegal content. All use of and goodwill associated with the logo shall inure to our benefit.
Any material, including without limitation, idea, knowledge, technique, marketing plan, information, questions, answers, suggestions, emails and comments, provided by you to us shall not be considered confidential or of a proprietary nature. In providing us with material, you authorize us to use it and any developments or derivatives thereto, according to our needs as determined in our sole discretion, including for public relations and promotion of the Site and the Services in the online and offline media, and all without requirement of any additional permission from you or the payment of any compensation to you. You also agree that (i) by submitting unsolicited ideas to us or any of our representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically becomes the property of UA. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to UA together with all intellectual property rights therein.
12. DISCLAIMERS OF ALL WARRANTIES
THE CONTENT, THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE SITES, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; (II) WE DO NOT ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY OTHER THAN US AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SITES, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THE SITES OR YOUR WEBSITE OR MOBILE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise. All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Services, the Content or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.
In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that our aggregate liability shall not exceed amount paid by you to us pursuant to this Agreement.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICES OR THE CONTENT, OR (II) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS. We will provide you with written notice of such claim. You will not enter into any settlement or compromise of any such claim without our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
15. COPYRIGHTED MATERIALS, INFRINGEMENT NOTICES AND TAKEDOWN
YOU SHALL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
We have adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of UA users who infringe or are believed to be infringing the rights of copyright holders.
If you believe that any material contained on this Site infringes your copyright, you should notify us at email@example.com with the following information required under 17 U.S.C. § 512:
Your notice should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Services; (d) information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner’s behalf.
The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, we reserve the right at any time and in our sole discretion, to remove content which in our sole judgment appears to infringe the intellectual property rights of another person.
16. GOVERNING LAW AND EXCLUSIVE COURTS
This Agreement will be governed by laws of the State of Indiana, without regard to its choice of law or conflicts of law principles. The parties consent to the exclusive jurisdiction and venue in the courts of Wayne County in Indiana, USA, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.
No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right of provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of the use of the Site or the Services. This Agreement comprises the entire agreement between you and us, states our and our suppliers’ entire liability and your exclusive remedy with respect to the Site and Services, and supersedes
all prior agreements pertaining to the subject matter thereof. If any provision(s) of this Agreement
is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section
titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
18. CONTACTING US
Last modified: December 1, 2018