U GROK IT, INC. U GROK IT CLOUD-BASED PLATFORM
BY REGISTERING AND USING THE UGI CLOUD, YOU AGREE TO THE TERMS, AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER AND USE THE UGI CLOUD. THIS AGREEMENT IS EFFECTIVE WHEN YOU CLICK “I ACCEPT” BELOW (“EFFECTIVE DATE”).
U Grok It provides the UGI Cloud to allow users to store and sync data in conjunction with U Grok It’s proprietary Grokker device (“Device”). To use the service, you must register. When you set up your account, you will be required to create log-in credentials by providing certain types of personal information, including your email address (“Login Credentials”). You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials. We reserve the right to terminate any login credentials that we reasonably determine may have been used by an unauthorized third party.
U Grok It may collect and use technical data and information, including but not limited to technical information about your mobile device, system, the Device, and App software, and peripherals, location-based information, and information concerning your usage of the UGI Cloud that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the UGI Cloud. U Grok It may use this information as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. You may opt-out of providing information to U Grok It at any time by signing out of your account.
The technologies we use for automatic information collection may include:
We retain information that you collect or store through your account and any related app, including without limitation, records and product information.
We may share your information with other devices and with your hosted account to the extent configured in your settings. We may disclose your information to our current or future affiliates. We may share your information with third party service providers to provide you with the services that we offer you; to conduct quality assurance testing; to facilitate creation of accounts; to facilitate your use of the service; to process any transactions you make through our website or service, or to provide technical support.
U Grok It takes commercially reasonable steps to help protect your information against loss, misuse and unauthorized access, or disclosure. However, you agree that by using the UGI Cloud, you are choosing to transmit text and/or images to the UGI Cloud. U GROK IT EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR INFORMATION.
By using the UGI Cloud, you are consenting to the use and processing of your information as set forth in these Terms, all of which activities will take place in the United States. If you reside outside the U.S. your information will be transferred to the U.S., and processed and stored there under U.S. privacy standards.
The UGI Cloud shall remain the sole property of U Grok It, subject to protection under U.S. and foreign copyright laws. Subject to the terms and conditions of these Terms, U Grok It grants you a personal, revocable, limited, non-transferable license, without the right to sublicense, to use the UGI Cloud solely for your internal business purposes and solely in accordance with the Documentation. Copyright © 2014, U Grok It, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the UGI Cloud are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
You agree that U Grok It is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the UGI Cloud (each an “Update”). However, in the event U Grok It decides to offer an Update, you agree that U Grok It may amend these Terms in connection with such Update without specific notice to you and that your use of the Update is conditioned upon your acceptance of any revised Terms.
The license is effective until terminated by you or U Grok It. Upon termination of the license, you shall cease all use of the UGI Cloud. You agree that U Grok It shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of these Terms, in addition to any other available remedies. U Grok It may suspend or terminate your access to all or any part of the UGI Cloud at any time, with or without cause, or with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your account. If you wish to terminate your account, you may do so by following the instructions in the documentation. If you terminate your account, U Grok It may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.
U Grok It shall have no liability to you or any other person for loss, damage, or destruction to information stored on the UGI Cloud and you are solely responsible for preventing any loss or damage to your information and for maintaining independent archival and backup copies of your information, including your files. “U GROK IT HAS NO OBLIGATION TO BACKUP ANY OF YOUR INFORMATION (INCLUDING YOUR FILES OR DATA) AND U GROK IT ASSUMES NO RESPONSIBILITY FOR THE DELETION OF OR FAILURE TO BACKUP, OR DELIVER ANY INFORMATION.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE UGI CLOUD IS AT YOUR SOLE RISK AND THAT THE UGI CLOUD AND ANY CONTENT OR INFORMATION STORED ON THE UGI CLOUD ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. U GROK IT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE UGI CLOUD, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
IN NO EVENT SHALL U GROK IT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE UGI CLOUD, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF U GROK IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL U GROK IT’S TOTAL LIABILITY EXCEED THE AMOUNT OF $100.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT.
These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws or principles that may require the application of the law of another jurisdiction. You and U Grok It will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. You and U Grok It agree that any arbitration will be limited to the dispute between U Grok It and you individually.
As between you and U Grok It, you are solely responsible for your use of the UGI Cloud and for the content of all communications made by or to you through your use of the UGI Cloud, and for all activity with respect to your use of the UGI Cloud, including any unauthorized use of the UGI Cloud by any third party. You agree to indemnify, defend, release, and hold harmless U Grok It, its partners, licensors, affiliates, contractors, officers, directors, employees and agents from all damages, losses and expenses arising directly or indirectly from (a) any negligent or willful misconduct by you, (b) your use of the UGI Cloud, or (c) any breach of these Terms by you.
You shall use the UGI Cloud only in compliance with applicable local, state, federal, and international law and all applicable regulations, policies and procedures. You agree that you will not use the UGI Cloud to (a) engage in any communications that are unlawful, harassing, defamatory, offensive, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, (b) encourage or engage in any criminal conduct, conduct that could give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation, (c) gain or attempt to gain unauthorized access to other computer systems, or (d) interfere with any other person’s use and enjoyment of the UGI Cloud.
If you have any questions regarding privacy while using the UGI Cloud, or have questions about U Grok It’s practices, please contact U Grok It via email at firstname.lastname@example.org.