UBumm, LLC Terms of Use

As Amended August 5, 2018

The following Terms of Use (the “Terms”) shall apply when Users view, use, or make purchases through Company Services. Please review the Terms carefully. By accessing or using the Services, you signify your agreement to these Terms. If you do not agree to these Terms, you may not access Company Services. These Terms shall include UBumm’s Privacy Policy, which is incorporated by reference in these Terms.

Definitions

A. “UBumm” and “Company” shall refer to the company UBumm, a limited liability company, organized under the laws of Florida, in the business of providing an Internet-based platform that connects study abroad students and facilitators worldwide;

B. “User” shall refer to any person or entity accessing or using Company Services;

C. “User Submitted Content” shall refer to any and all content Users may upload, share, post, transmit, or otherwise, onto or within Company Services.

D. “Terms” shall collectively refer to these Terms of Service and the linked Privacy Policy; and

E. “Services” shall collectively refer to all services offered by UBumm including, but not limited to, access to its website and mobile application, online products, downloadable products, and any and all services.

Changes to Terms of Service and Notices

UBumm may modify the Terms at any time, under its discretion. Should there be any material changes to the Terms, Users shall be notified with a one (1) month notice prior to the effective date of the new terms. It shall be posted on Services and on the Company mobile application if applicable. At the beginning of each set of Terms, the effective date shall be posted. Users agree the continued access of Services after the effective date, warrants their acceptance to the modifications.

Service Eligibility

In order to use Services, Users must be 18 years old, or older, and have the requisite power and authority to accept these Terms. If one is under 18 years of age, such person is strictly prohibited from using Services. Convicted sex offenders are strictly prohibited from accessing Company Services in any way. People, businesses, or otherwise, may not access Services if they are a known or unknown competitor, or if they have been previously banned from Services. If you are using Services on behalf of a company, entity, or organization, then you represent and warrant you are: an authorized representative of such organization; have the requisite authority to bind the organization to these Terms; and agree to be bound by these Terms on behalf of such organization.

All Users hereby consent that having their User Submitted Content and personal data transferred to, if applicable, and processed in the United States of America. In the event, a User is located in a country that presently has a trade embargo with the United States, or such User is on the U.S. Treasury Department’s list of Specially Designated Nationals, such User is expressly prohibited from engaging in commercial activities on UBumm, in any way. Further, such Users are expressly prohibited from receiving products, services, or software originating from the United States.

Users currently residing in the European Union should review the Privacy Policy for specific permissions and options concerning collection of your data.

Service Permission

UBumm grants Users permission to use Services subject to all restrictions set out in these Terms. Use of Services is at User’s own risk, including the risk of exposure to offensive, indecent, inaccurate, objectionable, or otherwise inappropriate content.

Service Availability

Company Services are currently offered on the Internet and mobile application through Google Play and Apple Store. UBumm provides Services to Users, and Services may be interrupted, suspended, un-secure, modified, updated, discontinued, or unavailable in particular locations. This may happen without notice from Company, and Company shall not be held liable for any issues regarding Services availability.

User Accounts

In order to use Services, Users must create a User Account and provide personal information for its creation. In the future, Users may be able to access Company Services through a third party social media provider, including but not limited to Facebook and Twitter. Prior to registration, Users are able to select from three different types of accounts: University, Student, or Business (respectively the “University Account”, “Student Account”, and “Business Account”). Users are solely responsible for remembering and maintaining the security of their User names and passwords. User must notify UBumm of any unauthorized access to user Accounts. Users are expressly prohibited from allowing others to access Company Services through their User Account. Users may not transfer their account to any other person without getting prior written permission from UBumm. If User changes any of their access information, or contact information within their account, they must update their account information on UBumm within forty-eight (48) hours to ensure that User properly receives messages. UBumm may suspend, terminate, modify, or delete User Accounts, with or without notice, to Users, at any time and for any reason. Users are required to provide complete and accurate information in the creation of their User Accounts. Users are expressly prohibited from creating names with false information, false names, false business names, or creating multiple User Accounts. If UBumm discovers any of Users’ Account details violate any rights of others, UBumm reserves the right to remove or reclaim it if Company believes it is appropriate.

For University Accounts, UBumm reserves the right to edit any information in the account throughout the setup phase, and also when agreed upon in writing. In the instant case, writing will be sufficient via e-mail. All Users may delete their Account, Account Content, and all other Account information, at any time, by sending an email to UBumm to the address below with the following subject line:

To: info@ubumm.com

Subject: Account Termination

User Submitted Content

As part of Company Services, Users are allowed to upload User Submitted Content. Because the concept of User Submitted Content, such content does not necessarily reflect the opinions or believes of UBumm. Company reserves the right to delete any User Submitted Content that it deems inappropriate, by its own standards, in its own discretion, with or without notice to User. Any User Submitted Content that Users submit to Company Services, automatically, and irrevocable becomes the sole property of UBumm. Any User Submitted Content may be used to create study abroad reports regarding general user activity trends and interest, which may be shared on Company Services or with other Users. Furthermore, any personal identifying information may be used in such reports.

UBumm reserves the right to partner with other companies and organizations in the future. Should Company choose to do so, any User Submitted Content, may be shared on such other company’s website, mobile application or otherwise.

Communication and Data Retention

Users with User Accounts must submit an email address where they can receive emails from Company and Users, regarding communication in connection with Services. Users may opt out of communications by following the directions located at the bottom of each communication.

UBumm collects highly sensitive information (“HSI”) including but not limited to: email addresses, passwords, and usernames. UBumm will keep HSI for the shortest possible duration that is reasonably necessary in order to carry out the task for which it was collected. UBumm has taken all reasonable and appropriate security measures to ensure the security of HSI. Furthermore, any and all data and communications shall be retained to minimally meet any applicable legal or ethical reporting or document retention requirements.

UBumm Intellectual Property

UBumm owns all intellectual property connected to Services, including but not limited to its website, applications, or otherwise. This shall include visual interfaces, graphic design, website design, logo, application development, interactive features, compilation, technological code, software, Company hardware, and any method of compiling or analyzing Users’ Content. This shall be considered Company intellectual property, which is protected worldwide by copyrights, trademarks, trade secrets, and any other applicable intellectual property rights. These rights shall apply to property now existing or that which is created in the future by UBumm. User may not copy, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of Company content on Services. Such unauthorized use may violate copyright, trademark, and communication regulations.

UBumm shall be able to use any ideas or suggestions made by Users in their Company Services, if Company chooses to do so. User is not entitled to any remuneration of any kind, under any circumstances, for such information. Any submitted suggestion shall provide UBumm with complete ownership and any intellectual property rights arising therefrom. UBumm shall be entitled to unrestrictive use of such information. Furthermore, any User Submitted Content automatically and irrevocably becomes the immediately property of UBumm.

Privacy Policy

By using Company Services, website, or application, Users hereby agree to the UBumm’s Privacy Policy which may be found on the Company’s website.

Copyright Policy

The following Copyright Policy (the “Policy”) explains how UBumm respects the intellectual property rights (the “IP Rights”) of others and describes UBumm’s policy concerning rules and regulations of its Company and Services. If anyone believes their IP Rights have been infringed, please contact UBumm with contact information found in the Contact Information Section located at the end of this Policy.

A. Changes to Policy. UBumm may modify this Policy at any time, under its discretion. Should there be any material changes to the Policy, Users shall be notified with a one (1) month notice prior to the effective date of the new policy. It shall be posted on Services and on the Company mobile application. At the beginning of each set of Policies, the effective date shall be posted. Users agree the continued access of Services after the effective date, warrants their acceptance to the modifications.

B. Prohibitions. UBumm prohibits Users from uploading, posting, transmitting, or otherwise making available, any content that violates any IP Rights of any person, company, or otherwise. This prohibition shall apply to any of Company Services including websites, web pages, applications, widgets, blogs, social networks, or otherwise. Any violations of US Copyright Law, shall subject offenders to its penalties to the fullest extent allowed under law. UBumm reserves the right to terminate any User who is in violation of IP Rights of other users, persons, company, or otherwise. UBumm requests Users adhere to these same policies. Pursuant to the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) (the “DMCA”) and US Copyright Law. UBumm may terminate Users’ access to Services, and use thereof, if Company deems User is repeatedly infringing the IP Rights of another User, person, company, or otherwise. UBumm is not responsible for any errors in web based material and shall not be liable for any damages arising from the use of such material found on UBumm’s website.

C. DMCA. The DMCA and US Copyright Law provides the framework for owners of IP Rights who believe their material that is appearing in public infringes their IP Rights under US Copyright Law. It is UBumm’s policy to respond to all notices and counter-notices that are in conformity with the requirements under 17 U.S.C. § 512(c)(3)). Notices and counter-notices must meet the then-current statutory requirements imposed under the DMCA. Please visit www.copyright.gov for up to date details of current DMCA legislation.

a. Take-Down Notices. If one believes their IP Rights have been infringed upon by any materials in UBumm’s Services, such person may submit a notification pursuant to the DMCA (17 U.S.C. §512(c)(3)) by sending a properly formatted take-down notice to Company at the address in Contact Information Section. Please include all required information, including:

i. The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

ii. In sufficient detail, provide the copyrighted work that you claim has been infringed. If multiple copyrighted works on the websites are covered by a single notification, you may provide a representative list of such works on the websites; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;

iii. The URL or other specific location on the websites that contain the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material, so that we can comply with your request to remove or deny access;

iv. Your name, address, telephone number, and email address;

v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b. Response to Take-Down Notices. UBumm shall take response to such DMCA notice, and will make a good faith attempt to contact any party believed to have infringed the IP Rights of another. DMCA infringement notices may be forwarded to the party who originally made the alleged infringed content available on Services.

c. Counter-Notices. If you believe in good faith that your own copyrighted material has been removed from Services as a result of a mistake or misidentification, you may submit a written counter notification letter to Company pursuant to the DMCA (17 U.S.C. 512(g)(2-3)). If a counter-notice is received by UBumm, Company may send a copy of such counter-notice to the original complaining party that Company may reinstate the removed content. Unless the alleged IP Rights holder files a court action against the party that provided the counter-notice, the removed content may be reinstated on Company’s Services. Counter-Notices require the following information:

i. Your physical or electronic signature;

ii. Identification of the material that has been removed or disabled, and the location at which the material appeared before it was removed or disabled;

iii. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

iv. Your name, address and telephone number; and

v. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, that you consent to the jurisdiction of the United States District Court for the Middle District of Florida and a statement that you will accept service of process from the party, or party’s agent, that filed the notification of alleged copyright infringement.

D. Contact Information. Should you require any further information regarding these policies, please contact:

UBUMM, LLC

4499 Lakewood Blvd.
Naples, FL 34112-6123
USA

(920) 214-5972

Email: info@ubumm.com; Subject: “Copyright Policy – DMCA Notification”

This contact information is for DMCA purposes only. Any other inquiries to the DMCA Agent will not be answered. Any material misrepresentations regarding copyright violations may subject complainant to court costs and attorney fees.

Prohibited Conduct

Users hereby agrees not to post or upload any of the following prohibited Content:

A. Content known by User to be false, misleading, or Content that encourages or promotes illegal activity;

B. Content that is abusive, threatening, obscene, defamatory, or libelous;

C. Content that harasses any other User, person, business, or person, in any way;

D. Content that violates another person’s intellectual property rights;

E. Content that solicits any private information, including passwords, or personal identification information;

F. Content that is offensive to any User, person, or business, including, but not limited to: racism, bigotry, hatred, physical harm of any kind against any group, minority, or individual;

G. Content promoting any business venture of the User, person, business, or otherwise;

H. Content used to solicit information from minors or other protected classes;

I. Content involving the transmission of junk mail, chain letters, or unsolicited mass mailing; or

J. Content displaying obscene, pornographic, or sexually explicitly material, of any kind.

User hereby agrees, while using Services, not to commit any of the following actions:

A. Upload content or any information that could damage, disable, overburden, or impair any of UBumm’s servers or networks;

B. Attempt to gain any unauthorized access to other Users’ account, Company computer networks, systems or infrastructure, by any means;

C. Attempt to gain access to other Users’ accounts, for any reason;

D. Use data mining, robots, or other data gathering devices on or through Services;

E. Frame or link to the Services without express permission;

F. Attempt in any way to reverse engineer, decompile, interrupt, or disassemble, any part of Services or its security features;

G. Modify, distribute, reproduce, copy, adapt, or create any derivative work in any way, of Service;

H. In any way restrict other Users or persons from gaining access or creating accounts;

I. Use any technology or tool that automatically retrieves, alters, or combines Company content or Services;

J. Reverse engineer any content, Services, website, or application of Company and its Users;

K. Breach UBumm rights regarding intellectual property rights, or otherwise; or

L. Use the Services or content to transmit any computer viruses, Trojan horses, worms, or otherwise, that could potentially cause any damage to software or hardware of Users or Company.

Fees

Currently, UBumm’s Services have pricing formats for its website and mobile application as described below:

A. University User Pricing Plan. Currently, UBumm has three (3) pricing options for University Users dependent on the size of the University. Company currently offers the Basic University plan for Universities with under 500 students; the Medium University plan for Universities with 500-1000 students; and the Big University plan for Universities with over 1000 students. For current pricing options and benefits, please visit: http://www.ubumm.com/pricingplan; and

B. Free to all other Users. There will be no charge for all non-University Users of Company Services.

User’s shall be aware that access to fees through any Internet provider, mobile telephone company, or otherwise, may be incurred. Any such fees, text messaging, or data charges, still apply. UBumm reserves the right to charge fees in the future, at Company’s sole discretion. Should such action occur, Company will provide adequate notice to its Users.

Limited Liability and Disclaimers

The following information applies to the maximum extent permitted under law. User rights are not limited beyond those they are rightfully entitled to. By using Company Services, Users hereby agree to the following Terms, and Users forfeiting certain legal rights they may otherwise be entitled to you. If a User is uncertain of any of the following, it is suggested they consult a legal professional.

A. Availability and Foreign Access. UBumm provides Services on an “as is” and “as available” basis for Users’ use. UBumm does not guarantee Services will be available in any location for any User, or that Services will always be available at any given time. UBumm does not warrant Services will be uninterrupted, timely, error-free, or secure. Furthermore, it does not warrant any defects will be corrected. UBumm does not guarantee its website or applications will be free from viruses or other harmful components. All Users are express required to determine the relevant laws of the jurisdiction in which they reside, and from which they access Company Services. If law disallows such User, it is their responsibility to determine that information. UBumm shall not be held liable in any way, for a Users’ unauthorized access.

B. Security. UBumm makes every effort to keep its Services, Content, website, and application secure. UBumm accepts no liability for any loss, disruption, or damage incurred by Users to its data, computer, or software, that is a result of unauthorized access by any person who has caused a loss due to any data breach or hacking, even if such breach or hack was the mistake of Company. Users are responsible for taking their own precautions to ensure the electronic process employed for accessing Services, website, or application, does not expose them to the risk of viruses, malicious computer code, Trojan horses, worms, or otherwise, that may interfere, infect, or damage their computers, software, or data. Furthermore, UBumm limited liability shall extend should any Company computer, server, or software malfunction, and cause any Users any of the aforementioned losses. UBumm has taken precautions to prevent any malfunction, however User hereby agrees to accept full liability for any loss, of any kind, should they occur.

C. Software Updates. UBumm may make software updates to it mobile application at any given time. In order to use Services, Users may be obligated to download the updated version of the applications. UBumm may choose to make downloading the updated version of the application a required precedent to continued use of Services. However, UBumm makes no guarantees any subsequent version of an application will work on Users mobile phone or devices. UBumm is expressly not liable for any loss incurred due to Users inability to use Services due to the inability to use an updated version of the mobile application on their specific mobile device.

D. Third Party Transactions. UBumm does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Company Service, hyperlink, website, or any of its applications. Users hereby agree to hold third parties solely liable for any and all claims regarding such transactions with third parties. Any products or services purchased or otherwise acquired by a third party, are separate legal transactions solely between Users and the relevant third party, and in no way involve Company. Should any third party site have its own Terms of Service policy, UBumm is not responsible for any such Terms of Service of another company, even if such site was accessed through UBumm.

E. Third Party Sites and Embedded Content. Services may contain links, and embedded content from, third party websites, as well as services not operated by Company. UBumm does not control these services. Linked sites may be provided as a service to Users, and does not imply any endorsement of the activities or content of these sites, nor any association with its operators. Users assume any and all risks, known or unknown, now existing or existing in the future, by following a link to a linked site.

F. User Submitted Content. As part of Company Services, Users are allowed to upload User Submitted Content. Because the concept of User Submitted Content, such content does not necessarily reflect the opinions or believes of UBumm. Any User Submitted Content that Users submit to Company Services, automatically, and irrevocable becomes the sole property of UBumm.

G. Limited Liability. Users assume any and all risk associated with using Company’s website, application, or Services. UBumm, universities, study abroad program providers, any parents, subsidiaries, affiliates, owners, directors, officers, employees, licensors, distributors, subcontractors, sub-licensees, independent contractors, and agents (collectively known as the “Company Parties”) shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, or losses of any kind. These include without limitation, loss of profits, business, goodwill, use, data, or other intangible losses, whether based in contract, tort, negligence, strict liability, or otherwise, which may be incurred in connection with the use, or inability to use, Services, including interruption, inaccuracy, error, or omission. This limited liability shall expressly extend to any and all events published or promoted on UBumm’s Company Services.

H. Disclaimer. UBumm expressly disclaims all warranties, express or implied, including but not limited to: implied warranties of merchantability; fitness for a particular purpose; non-infringement; warranties of title and accuracy; warranties regarding products and services offered by all businesses listed on Company’s website; and warranties in the course of dealing, performance or usage of trade.

I. Maximum Liability. UBumm’s maximum aggregate amount of liability for any loss or damage a User experiences in Company’s content, Services, website, application, or otherwise, shall not exceed $100 or the aggregated amount paid by Users for Company Services in the immediate preceding twelve (12) month period, whichever is lower.

Miscellaneous

A. Class Action Waiver and Other Restrictions. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Users and Company alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms (including the “Continuation” provision below), and without waiving either party's right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall sever and continue.

B. Indemnification. Users agree to indemnify, defend, and hold harmless, UBumm and Company Parties, from and against all: claims; injuries; damages; obligations; losses; lawsuits; attorney fees; legal fees or filing fees from any and all claims or demands made by any party related to Users’ use of Service, website, or applications; violations of these Terms, goods and services purchased; or misuse of User accounts. UBumm reserves the right to execute the exclusive defense of any issues arising out of such indemnification. Users are expressly prohibited from settling such claims without the prior written Consent of Company.

C. Independent Relationship. Users fully understand and accept in no way do these Terms, Services, or otherwise, create a joint venture, agency, partnership, or employment relationship with Company. UBumm is not liable for any financial or other loss of Users in any way, on any transaction, under any circumstances. Users accept use of UBumm’s Services often involves financial exchange, and the UBumm shall bear no liability or responsibility therefor.

D. Integration. Both parties agree these Terms are the complete and exclusive statement and the mutual understanding of the parties, and these Terms supersede and cancel all previous written and oral agreements and communications relating to the subject matter of this Agreement. Any waivers or amendments shall be effective only if made in writing and signed by an agent of the respective parties authorized to bind the parties.

E. Severability. UBumm’s failure to exercise, delay in exercising, any privilege, any power or any rights hereunder will not operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

F. Termination and Survival. If a User breaches Terms, or any part of the Terms, in any way, then Company may take action up to, and including, suspending Users’ access to Services or prohibiting them from accessing Company website or application. UBumm may take these actions without liability or notice to you. If a User’s account is terminated due to a breach in the Terms, Users will not be entitled to any refund of any kind. Furthermore, Users can be barred from any future use of Services.

The following Sections of these Terms shall survive termination: Communication and Data Retention; User Submitted Content; Fees; UBumm Intellectual Property; Privacy Policy; Prohibited Conduct; Third Party Sites; Independent Relationship; Arbitration Agreement; Limited Liability and Disclaimers; Class Action Waiver and Other Restrictions; Indemnification; Exclusivity; Severability; Jurisdiction; Termination and Survival.

G. Arbitration Agreement. All claims and disputes arising under or relating to these Terms and Services are to be settled by binding arbitration in the State of Florida or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in commercial arbitration and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of diction.

H. Jurisdiction. These Terms of Use, and any dispute legal or otherwise arising from its implementation, shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Florida. If any party brings a claim, parties hereby submit and consent to the personal and exclusive jurisdiction of the State of Florida.

I. Notice to California Users. Under California Civil Code Section 1789.3, users of Company Services are entitled to the following contact information: The Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs may be contacted in writing or by telephone at:

400 R Street, Suite 1080

Sacramento, California

95814

Telephone: (916) 445-1254, or (800) 952-5210

Contact Information

UBUMM, LLC

4499 Lakewood Blvd.
Naples, FL 34112-6123
USA

info@ubumm.com

(920) 214-5972