App Terms of Service

Last updated: August 21, 2023

1. ACCEPTANCE 

These Terms of Service (the “Terms”) govern your use of www.alwaysuniquely.me,  www.app.alwaysuniquely.me, and or Always Uniquely Me app (Personal Life Portfolio app) (collectively, the “Service”). These Terms have a force of a legally binding agreement, even if you  are simply browsing without intention to contact us or register an account. The term "us," "we" or  "our" refers to Institute for Exceptional Care, LLC which owns and operates this Service. The  term "you" refers to the viewer of the Service. Privacy Policy www.alwaysuniquely.me/privacy is  another important document that you should familiarize yourself with because it describes our  practices with respect to your personal information. You cannot visit the Service if you do not agree  to these Terms or the Privacy Policy. Sometimes we modify these Terms. We don’t notify users about  every change to the Terms, but you can see the date of the last update at the top of this page. If you  still wish to visit the Service after said date, that constitutes your agreement to the updates.  

2. NEUTRAL VENUE 

a) Venue. Our Service allows companies to create their own portal pages and a forum community,  designed for the challenges associated with caring for loved ones with special needs. We shall not  be held liable for how users use our Service. 

b) Third Parties. The Service may contain references to third-party websites and rely on third-party services for support. We shall not be liable for any third-party venues and cannot guarantee their  performance. Forums allow third-party users to submit content which we do not monitor. We  shall not be held liable for user submissions 

3. INTELLECTUAL PROPERTY 

a) Our Intellectual Property. We and our content suppliers own all intellectual property rights in our  Service contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights  are protected by U.S. law and international IP conventions. By using our Service you do not  acquire any of our IP rights. Nevertheless, you can view and print out this Service’s content for  personal use. We reserve all rights that are not expressly granted under these Terms or other  written agreements between you and us. 

b) Your Submissions. If you upload any content to the public areas of our Service, you state that: (i)  you have all necessary rights to that content, and (ii) we can display, transmit, modify and  distribute this content without compensation to you. We can use and implement any feedback that  you voluntarily provide without compensation. 

c) Copyright Infringement, DMCA Notice. We take copyright infringement seriously. Report it to us  if you see it on our Service and we will investigate. Please see 17 U.S.C. §512(c)(3) for the  requirements of a proper DMCA notification. 

4. USERS’ OBLIGATIONS 

By using our Service, you represent and agree that:

a) You are: (i) 18 years of age or older; (ii) not located in a country embargoed by the U.S.; (iii) not  on the U.S. Treasury Department’s list of Specially Designated Nationals. You have a full  capacity to enter into a legally binding agreement, such as these Terms. If using the Service on  behalf of a company, you are authorized to legally bind the company to these Terms. 

b) If making a purchase, you are responsible for ensuring your payment method is valid. You will  pay as agreed using only payment methods which you are authorized to use. You will not use  false identity. 

c) You will not let others use your account, except as may be explicitly authorized by us. Everything  that happens under your account is your responsibility. Registering duplicate accounts is not  allowed.  

d) If you make a submission, it shall be truthful and not misleading. We can terminate any account  for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or  erase anything submitted to us without prior notice. You will not send spam, anything  defamatory, vulgar, racist, abusive or hateful.  

e) You will ask for our permission before copying anything from our Service for republication. f) You will not use our Service for anything illegal. 

g) We reserve the right to terminate any account using our sole reasonable discretion and without  notice or liability.  

h) Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not  allowed on our Service. 

i) You will not impede the proper functioning of the Service. 

5. CONFIDENTIALITY 

You cannot use or disclose any confidential information relating to our business, users, operations  and properties for any purpose without our express prior written authorization. You agree to take all  reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential  information. 

6. BREACH OF THESE TERMS 

If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the  Service; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or  moderate the user’s content; (iv) take any other action available under law. 

7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY 

a) EVERYTHING WE PROVIDE ON THIS SERVICE IS ON AN “AS IS” BASIS, TO BE  RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON  ANYTHING ON THIS SERVICE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR  IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM  DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE  OR ERROR-FREE PERFORMANCE. 

b) WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL  DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE  WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE  HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM  CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL  LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. SOME JURISDICTIONS DO NOT  ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS  IN THIS SECTION MAY NOT APPLY TO YOU. 

8. INDEMNIFICATION 

You agree to defend, indemnify and hold harmless our company, its officers, directors, employees  and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt,  and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to  the Service; (ii) your violation of any provision of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one  of your user submissions caused damage to a third-party. 

9. ARBITRATION 

Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be  settled by arbitration administered by the American Arbitration Association in accordance with its  Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be  entered in any court having jurisdiction thereof. The place of arbitration shall be Hartford County, Connecticut. The arbitration shall be governed by  the laws of the State of Connecticut. Except as may be required by law, neither a party nor an  arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior  written consent of both parties. You understand that this Section means that, by using the Service, you  agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial. 

10. GENERAL 

a) Communications. You agree that we can communicate with you electronically, via SMS, push  notifications, email or phone calls. All electronic communications shall have the same legal force  as if they were in paper form. 

b) Relationship of the Parties. You and us are in an independent contractor relationship with respect  to each other. That means that there is no partnership, agency, joint venture, employer/employee  or any similar arrangement. 

c) No Third-Party Beneficiaries. These Terms do not confer any rights upon any third parties. 

d) Hyperlinks. Linking to our Service is allowed, however, it must always be done in a way that  does not adversely affect our business or implies some form of association when there is none.  

e) Severability. If any part of these Terms is found to be unenforceable, then only that particular  portion, and not the entire Terms, will be unenforceable.  

f) Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or  obligations outlined in these Terms.

g) Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a  waiver to exercise them in other instances. No waiver shall be effective unless it is in writing  signed by us. 

h) Foreign Users. By submitting any content to our Service, you agree to have your data processed  in the United States of America. 

i) Prevailing Language. If there are any inconsistencies or conflicts between the English original of  these Terms and any foreign language translation, the English version shall prevail.