Managed Services Agreement

UJAT
Digital Storefront Managed Services Agreement

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Managed Services Agreement ("Agreement") is entered into by and between ujat.io and ujat.us, "UJAT" a Trademark of itsME!Rocks LLC, a Delaware limited liability company, hereinafter for the purposes of this Agreement referred to as "UJAT"  ("UJAT ") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of UJAT’s Managed Services ("Service(s)"), and represents the entire agreement between you and UJAT concerning the subject matter hereof.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with UJAT’s Universal Terms of Service Agreement and Hosting Agreement, which are incorporated herein by this reference.

The terms "we", "us" or "our" shall refer to UJAT. The terms "you" and "your" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, except where specifically granted herein.

We may, in our sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

2.DESCRIPTION OF SERVICES

This Agreement applies to the various services provided by UJAT Managed Services.

Purchase of a Managed Services plan is in according to the parameters specific to your plan, as described below:

a.Digital Storefront Design

i. Basic

Startup Home Healthcare Agency Digital Storefront Word Press Design includes the choice of one (1) startup design template, insertion of LOGO image and company information provided by you during registration and ordering process, up to five (5) site content pages, packaged not original content provided “as is”, fourteen (14) points of branding revisions, one (1) round of error or omission revisions (not to include new content), and no Update or Upgrade Minutes. Update or Upgrade Minutes are available for purchase. You are solely responsible for the correctness of the information that appears here and for confirming this information before approving you’re your online storefront for publication. Excluding the initial design and basic setup included in your plan, you are solely responsible for all other storefront content configuration.

ii. Basic+

Startup Home Healthcare Agency Digital Storefront Word Press Design includes the choice of one (1) startup design template, insertion of LOGO image and company information provided by you during registration and ordering process provided by you, up to five (5) site content pages, we provide certain licensed images to your or you may purchase your own images, insertion of original content provided by you, no proof reading, no transcription, content must meet technical specifications, one (1) round of error or omission revisions (not to include new content), and no Update or Upgrade Minutes. Update or Upgrade Minutes, proof reading, original content writing and transcription services, LOGO are available for purchase. You are solely responsible for providing your product descriptions, approving our images or providing your own, other product information, and for confirming this information before approving your online storefront for publication. Excluding the initial design and basic setup included in your plan, you are solely responsible for all other storefront content configuration, including configuration.

iii.Advanced

Digital Home Healthcare Agency Digital Storefront Word Press Design includes the choice of one (1) advanced design template, insertion of LOGO image and company information provided by you during registration and ordering process, up to eight (8) site content pages, insertion of original content provided by you, no proof reading, no transcription, content must meet technical specifications, one (1) round of error or omission revisions (not to include new content), and no Update or Upgrade Minutes. Update or Upgrade Minutes, proof reading, original content writing and transcription services, LOGO are available for purchase. You are solely responsible for providing your product descriptions, approving our images or providing your own, other product information, and for confirming this information before approving your online storefront for publication. Excluding the initial design and basic setup included in your plan, you are solely responsible for all other storefront content configuration, including configuration.

iv. Turnkey

Managed includes and Advanced Home Healthcare Agency Digital Storefront Word Press Design includes your choice of one (1) advanced design template, up to ten (10) site content pages, insertion of LOGO image and company information provided by you during registration and ordering process, insertion of original content developed by our content writers and marketing staff, with one (1) errors and omission revision after your storefront is completed (not to include the creation or writing of new content). Content shall be SEO optimized. UJAT shall provide a regular source of dynamic new relevant original content to appear as “news” on your digital storefront and also assist in the mass distribution or original content contributed by you to the UJAT Home Healthcare News Exchange Network. Updates and Upgrades are at no cost to you but are solely at the discretion of the UJAT marketing and technology account executive assigned to you, hereinafter “MATAE”. Once your digital storefront has completed the initial revisions phase, no further changes to the static content or design work will be completed by UJAT unless (a) such revision is deemed necessary and is approved by your MATAE, including but not limited to changes in contact information or company services; or (b) you have purchased Updates and Upgrade Minutes and then again only if deemed by the MATAE to be within scope of work and support for Turnkey Managed Services. We are responsible for writing about your product or service descriptions, providing images, preparing other product information. You are responsible for confirming this information and its accuracy, completeness or truthfulness before approving your online storefront for publication. Excluding the initial design and basic setup included in your plan, you are solely responsible for all other storefront content configuration, including configuration.

v. Rent

Includes an Advanced Home Healthcare Agency Digital Storefront Word Press Design is a rental of a Digital Storefront that remains the property of UJAT during and after the rental except when you, the client, opts to purchase the storefront. Rental and Purchase fees are variable depending on numerous factors and will be agreed between you and UJAT at the time of the rental and sale. A rental storefront includes your choice of one (1) advanced design template, up to ten (10) site content pages, insertion of a LOGO image and company information provided by you during registration and ordering process, insertion of original content developed by our writers, and one (1) errors and omission revision after your storefront is completed (not to include the creation or writing of new content). Updates and Upgrades are at no cost to you but are solely at the discretion of UJAT rental account executive assigned to you, hereinafter “MATAE”, responsible for your account. Once your digital storefront has completed the initial revisions phase, no changes to the static content or design work will be completed by UJAT unless (a) such revision is approved by your RAE, or (b) you have purchased Updates and Upgrade Minutes and only if deemed by the RAE to be within scope of work and support for Rental Services. We are responsible for writing about your product or service descriptions, providing images, preparing other product information. You are responsible for confirming this information and its accuracy, completeness or truthfulness before approving your online storefront for publication. Excluding the initial design and basic setup included in your plan, you are solely responsible for all other storefront content configuration, including configuration.

b.Update Minutes

If the digital storefront or other services you have selected requires more updates or upgrades than what is included in your Design plan, additional time may be purchased separately (“Update Minutes”). Once we receive your request for updates or upgrades and all necessary materials or content, we will complete the requested updates and re-publish your digital storefront without further review. Unused Update Minutes are non-refundable.

i. Monthly Update Minutes

Additional Update Minutes may be purchased and used in sixty (60) minute increments. Unused time will not carry over to future updates. If your Service plan included Update Minutes, those minutes reset each month based on your billing cycle. If you purchase Update Minutes separately, those minutes expire 30 days from when you purchased the separate minutes.

ii. Anytime Update Minutes

You may purchase a digital storefront with Anytime Update Minutes, which are in one (1) hour intervals, and may be used at any time up to 12 months from date of purchase.

c. Logo Design

We do not incorporate the cost of a LOGO design in any of our plans. Our UJAT Logo Design Service is the creation of a custom logo created from completely original elements. Purchase of the logo design service includes an initial interview (via online documents and support tickets), presentation of one (1) initial designs, and three (3) rounds of requested revisions to the selected design. UJAT will charge a fee for additional designs/revisions requested by you over the allowed 3 revisions.  The amount of the fee will be communicated to you and is required to be paid prior to the start of work on additional revisions/designs.

i. Rights in Logo Design

Notwithstanding anything to the contrary in this Agreement, with regard to the Logo Design Service only, and upon payment in full, you have ownership of the Logo Design provided to you for use in any manner you deem appropriate.  You acknowledge that your ownership rights under this Agreement is limited to the final Logo Design provided to you by we, and that no ownership interest in any trademarks or service marks contained in or made a part of the final Logo Design. Notwithstanding, we hereby grants you a worldwide, royalty-free, perpetual and irrevocable right and license to UJAT Pre-Existing IP contained in or made part of your Logo Design for use as contemplated by this Agreement.  You hereby grant us a royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works the Logo Design, in any form, media, or technology now known or later developed for promotional purposes of UJAT and/or our Logo Design Service. 

ii.Disclaimers

You hereby acknowledge that we shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the final Logo Design. Accordingly, you are encouraged to perform your own independent searches with regard to the Logo Design. Furthermore, you acknowledge that we shall have no responsibility or obligation of any kind to assist you in seeking state, federal, country or international intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Logo Design, nor shall we be responsible to assist in any way in your attempt to procure or perfect such rights in the Logo Design. You understand that it is your obligation alone to copyright the logo design and/or seek trademark protection to the extent you deem appropriate and/or necessary.

d. SEO Services

SEO Services is a 12-month commitment only incorporated as a part of addon to our existing Digital Storefront Designs. It is billed separately. In order to receive best results, you are expected to stay at the agreed upon price for 12 months.

i. Results

Search engines ultimately choose which rankings are assigned to websites. While our practices have historically given our customers higher search rankings, no SEO provider including UJAT can guarantee rankings on search engines. Typically results don’t start occurring until month 6, though every website and industry is different and could experience different time frames and results.

ii. Website access

In order for SEO activities to be effective, UJAT must have website credentials and site access in order to make on-site changes. By agreeing to these Terms of Service, you are hereby granting permission to post on your behalf on your site, for SEO purposes.

iii. Auto Start

In order to expedite results and not delay service, UJAT will auto-start your SEO campaign without your consent if we have not been able to contact you through multiple contact attempts via SMS and email.

iv. Terminating Services

If you elect to cancel, you become responsible for maintaining any and all of the on-site or off-site SEO optimizations previously done by SEO Services. There are no refunds.

e. Social Media Management

You can cancel Social Media Management at any time and UJAT will not bill you for future months. However, you will not be refunded the cost of the present or past months. If you cancel Social Media Management within 48 hours of buying them, you can receive a full refund, including for the first month. After 48 hours, however, you will have to pay for the first month and will only be refunded for the time beyond that first month.

i. Account access

In order for Social Media Management to be effective, UJAT must have social media account credentials and access in order to make on-site changes. By agreeing to these Terms of Service, you are hereby granting permission to post on your behalf on your site, for Social Media Management purposes.

ii. Auto Start

In order to expedite results and not delay service, UJAT will auto-start your social media campaign without your consent.

If we have Facebook access: after two (2) weeks of not being able to make contact, then we will leave you a text message, and send an email saying that if we do not hear from you by the end of the next business day, then we will utilize your site and our expertise to proceed with the campaign to ensure that your social presence starts growing as soon as possible. If you still do not respond, we will begin the campaign, using the information on your website.

If we do not have Facebook access: after two (2) weeks of not being able to make contact, then we will call leave you a text message, and send an email stating that if we do not hear from you by five (5) days before your renewal date, then we will have to cancel and refund the amount of that month to in-store credit, as no work can be completed without Facebook access.

iii. Managed Local Listing

Managed Local Listings services enable customers to search for, add, update, and publish their business name, address, phone, menus, and website URL to online partners via a website interface (the “Website”).  If you elect to cancel, your data and stored information may be deleted such that it may not be capable of being restored. All images and text on the site will remain your property, but we will retain ownership of the files and code on the site as being proprietary to the website platform.

3. YOUR OBLIGATIONS

a. Reasonable Requests

You agree that all requests will be reasonable in nature and within the scope of the Services purchased.

b. Obligation to Maintain Subscription

All Services, including any free products or services included in your plan, must be associated with a specific digital storefront at the time of purchase and are not transferable to other accounts, or digital storefront, thereafter. Provision of all Services, including any free products or services included in your plan, is dependent upon your active subscription to the Services. Failure to maintain your account in good standing will result in termination of any outstanding or pending Services, including any free products or services included in your plan, without refund or credit. Recurring billing for your Services plan will begin on the date of purchase. 

c. Provision and Timing of Design Services

After your initial purchase of a Website or Digital Storefront Design plan, you will be required to (i) complete an interview form, and (ii) submit your content information using the prescribed forms, a support ticket or .docx files attached to a support ticket. Upon receipt and approval of all of your content, we will begin building your digital storefront.

d. Submission of Content

You are responsible for (1) submitting correct information to be used in your digital storefront; (2) reviewing all storefront content for errors and omissions; (3) where required submitting all copy, images, and other content for your digital storefront Design, unless you approved content provided by the UJAT design team. (4) All provided content by you should be accompanied by copyright and right of use. (5) You agree to respond to any request for content, feedback or approval within ten business days. (6) All content must be submitted electronically and we will not return any materials you provide. (7) Arrangements may be made for the delivery of files that are too large to be transmitted electronically, but additional fees may apply and the quoted completion date may be extended. We may in our sole discretion, require you to re-submit images if we determine that the images are not of high enough quality. (8) If you do not submit the content within five business days, we will attempt to confirm your content submission is complete, but we reserve the right to progress the site to build stage, and you will only be able to add additional content using Update Minutes. (9) It is your responsibility to maintain independent back-up copies of any materials you submit. We expressly disclaim any liability or responsibility for any loss, damage or destruction of any content or materials you submit.

e. Automatic Publication

Within ten (10) days of receiving notice that your digital storefront is ready for review, you must either (i) provide us with your factual errors and omission revisions, or (ii) notify us that you have no revisions. If you fail to take either such action within ten (10) days, your digital storefront will be published as “coming soon” and the term of your contract will continue to run without further review. Any time after publication, you may elect to de-publish your site by changing DNS settings on your domain name.

4. Included Update Minutes

It is your responsibility to initiate your included Update Minutes before their expiration through the Design Manager. Once we receive your request for maintenance and all necessary materials or content, we will complete the requested maintenance and re-publish your site without further review.

5. Completion of Service

Publication of your Design is acknowledgement of your satisfaction with the Services provided to date and releases us from any obligation for further revisions or alterations at that time or until the next Update Minutes are initiated. You also acknowledge and agree that once your Design is published, you will not be entitled to any credits or refunds for any reason including, but not limited to, dissatisfaction with your Design.

6. Privacy.

We may provide digital storefront building admin permissions, to subcontract work on behalf of our customers, to various unidentified third-party service providers.

7. Our Right to Terminate Your Service

You understand and agree that UJAT has the absolute right and power, in its sole discretion and without any liability to you whatsoever, to terminate your Service if:

  • You fail to complete the interview form or submit content for your initial Design within six (6) months of purchasing your plan. There are no refunds or credits.
  • You fail to provide any other requested content, feedback or approval within thirty (30) days of our request. There are no refunds or credits.

8. User Content

It is solely your responsibility to ensure that any and all User Content provided to us to perform the Services on your behalf does not infringe or violate the intellectual property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, trade secrets) or any other right of any third party (including, but not limited to, rights of privacy and contractual rights), and/or to ensure that you have acquired any authorization(s) necessary to use intellectual property (including, but not limited to, copyrights and trademarks) or other proprietary information of third parties therein included in the User Content.  We shall have no liability and you agree to defend and indemnify us against any actual or alleged claim that any User Content provided by you infringes or violates any rights of third parties, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses. 

9. LIMITATIONS

a. Reasonable Expectations

We strive toward providing Services that meet your expectations. However, we do not guarantee expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service.

b. Your Delay

Our completion of the Services depends upon your timely feedback and approval in the Design Manager within your account. We are not responsible for additional fees, time, or expenses incurred because of delays caused by your lack of or untimely response, feedback or approval, including your failure to initiate the design process.  

c. Limits on Content

We reserve the right to refuse any direction to create a Design that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another, encourages or promotes terrorism or other illegal activities, contains illegal content, or for any other reason that we, in our sole discretion, decide.

d. No Obligation to Back-Up

We have the right, but not the obligation, to back up or archive your Design before delivery or in the event of cancellation.

e. Limitations on Design Services

The following services are not included in any of the initial Design plans, but may be purchased separately as Updates: (i) any revisions beyond the revisions included in your applicable Design plan; (ii) photo manipulation services, such as cutting the image out from the background, adding shadows, cleaning up the image from dust and scratches, making images a uniform size, and adjusting levels/brightness to match. The following photo manipulation services are not available, even as Updates: color correction or making a low-resolution image a higher resolution.

f. Integration with Website Builder Hosting Platform

Websites and Digital Storefronts Stores designed by us are built on and integrated with our hosting platform, and any attempt to migrate or otherwise transfer any such website or web store to another hosting provider is a violation of this Agreement. 

10. No Endorsement

We do not endorse any of the Designs built using the Services, and expressly disclaim any and all liability or responsibility regarding the same.

11. Security of Account

You are responsible for maintaining the security of your account. You are also solely responsible for the activity that occurs on your account, whether authorized by you or not. You must keep your account information and passwords secure. We expressly disclaim any responsibility or liability for any unauthorized use of or access to your account.

12. Managed WordPress Design

We expressly disclaim any responsibility for liability due to hacking of any websites.

13. Plug-ins/Add-ons

We are not responsible for the maintenance on any WordPress third-party add-ons or plug-ins added to your website during or after initial build. Some feature functionality requests may require paid plug-ins that the customer must purchase, and require additional update minutes to install and set up. You are solely responsible for ensuring your add-ons or plug-ins remain current and are functional.

14. Hosting Outage

We are not responsible for website outages arising from WordPress.

15. GENERAL RULES OF CONDUCT AND RESTRICTIONS

In addition to Section 4 (General Rules of Conduct) contained in the Universal Terms of Service Agreement, you acknowledge and agree that you shall not use the Services in a manner, as determined by us in our sole and absolute discretion:

  • To display or advertise pornographic, X-rated, sexually explicit, or otherwise tasteless materials, images, products or services (including, but not limited to: massage, dating, escort or prostitution services); or
  • That uses pornographic, X-rated, sexually explicit keywords or images in video names, descriptions or listings.

You are responsible for ensuring that any product or services posted for sale in your Digital Store is in compliance with all applicable laws and regulations where your items can be purchased. We reserve the right and sole discretion to determine whether the sale of any particular item is illegal or otherwise prohibited, and to ban the sale of any prohibited item(s) and/or cancel your Web Store Service.  Prohibited items include, but are not limited to, the following:

  • Illegal items and/or items that encourage, promote, facilitate or instruct others to engage in illegal activities;
  • Controlled substances and illegal drugs (including prescription drugs), items used to manufacture controlled substances and illegal drugs, and drug paraphernalia;
  • Pornographic websites and services (pornography includes the use of nude imagery when not associated with artistic or medical purposes); this excludes stores selling adult toys (but providing images of the toys being used is prohibited);
  • Credit or debit cards (active or inactive), Government IDs;
  • Domain names;
  • Sites selling stolen or unauthorized items, including counterfeit products, copies of movies (VHS, DVD, etc.), software, or third party trademarks;
  • Products that have been recalled by the Consumer Product Safety Commission.

16. SEO Services

We reserve the right and sole discretion to determine whether the content and keywords of a site are illegal, prohibited, or otherwise not appropriate, and to cancel your Services. The promotion of the following is not allowed and includes, but is not limited to, the following:

a. Counterfeit Goods

  • We do not allow the promotion of counterfeit goods as they mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner.

b. Dishonest Behavior

  • We do not allow for the promotion of products or services whose purpose is to enable users to mislead or deceive.

c. Online/Offline Gambling

  • We do not allow the promotion of offline or online gambling or the instruction of gambling.

d. Capitalizing on sensitive events

  • We do not allow the promotion of content that may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, conflict, death, or other tragic event.

e. Hatred & Intolerance

  • We do not allow the promotion of content that incites or endorses hatred against others.  Content that inappropriately discriminates against a person or group or that seeks to intimidate, exploit, or humiliate others.

f. Shocking content

  • We do not allow the promotion of content containing violent language, gruesome or disgusting imagery, or accounts of physical trauma.  Content containing gratuitous portrayals of bodily fluids or waste. Promotions containing obscene or profane language or content that are likely to shock or scare.

17.Social Medial Management

Since every Social Media Management package includes Facebook ads, we are unable to service any sites or businesses that are not in accordance with Facebook’s advertising guidelines. For a full list of prohibited and restricted content, see Facebook’s Advertising Policies.

18.OWNERSHIP OF CONTENT AND DESIGNS

By submitting content for your Design to us, you grant us an unrestricted license (i) to use the content for the purpose of creating your Design, and (ii) to display screenshots of your Design online, in marketing materials, or in any other manner we desire.

Except for the content provided by you, Designs created on your behalf by us belong to us, and all such Designs and copies are subject to copyright, trademark, patent, and other intellectual property laws of the United States and foreign countries. We grant you an unrestricted license to use the Design created for you so long as your Services subscription remains active and in good standing. Cancellation of your Services subscription terminates your license to use the Design created for you.

You agree to prevent any unauthorized copying of your Design. Unless otherwise specifically provided in this Agreement, no right or license under any copyright, trademark, patent, or other intellectual property right or license is granted by this Agreement. We reserve all rights not expressly granted herein.

19.OTHER PRODUCTS AND SERVICES

The Services may include access to other of our products and services.

If your Design plan includes an Email account and/or SSL Certificate, it will be your responsibility to setup those services except where such setup is included as an Add On to your Design plan.

If your Design plan includes Search Engine Visibility, you may make a request in the Design Manager for us to set up that service for you in conjunction with your Design. If you make that request, then your electronic acceptance of this Agreement signifies that you have also read, understand, acknowledge and agree to be bound by the UJAT Digital Marketing Services Agreements, which is incorporated herein by reference. To facilitate the setup of this additional service, you will be required to fill out an electronic worksheet providing the necessary information, setup and details for configuration before we can complete the set up. Our set up and configuration of these services will use one month (one 30-minute block) of the Maintenance included with your Design plan. Once set up and configured, continued monitoring of the Search Engine Visibility service will be your responsibility.

20.THIRD PARTY IMAGES AND SOFTWARE

a.Definitions and Scope

As part of the Services, you may be allowed to use certain (i) photographs, illustrations, or other images (“Images”) and/or (ii) software, widgets, add-ons, plug-ins, or other applications (“Software”) developed, owned, or licensed by third-party providers as we may contract with from time to time. If the Images/Software are accompanied by or require consent to a license agreement from the third-party provider, your use of the Images/Software is subject to the terms and conditions of such license agreement, which are in addition to (not in lieu of) the terms and conditions of this Agreement. 

b.Terms and Conditions Applicable to all Images/Software

You acknowledge and agree that (i) the Images/Software have not been sold or distributed to you; (ii) you may use the Images/Software only as part of the Services; (iii) you may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Images/Software; and (iv) you may not modify, reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Images/Software.

21.Termination

You are solely responsible for canceling your account by notifying your UJAT Client Support Advocate via your own UJAT online account access.  

22. Privacy

We may provide your personal information to third-party providers as required to provide the third-party Images/Software. We reserve the right to modify, change, or discontinue use of the Images/Software at any time, and you agree to cooperate in performing any steps necessary in connection therewith.

23. Limitations

We make no representations or warranties about any third-party Images/Software offered in connection with the Services, and expressly disclaims any liability or responsibility regarding the same.

24. Indemnification

You acknowledge and agree that you will protect, defend, indemnify and hold harmless us from and against any and all claims imposed upon or incurred by us directly or indirectly arising from your use or misuse of any third-party Images/Software. You acknowledge and agree that the providers of the third-party Images/Software are third-party beneficiaries to this Agreement for purposes of enforcing only their rights under this Agreement.

25. Additional Terms and Conditions Applicable to Deposit Photo

You acknowledge and agree to Deposit Photo Terms and Conditions of Use.

26. Additional Terms and Conditions Applicable to MapQuest.

You acknowledge and agree that you will not (i) record, save, archive, store, create a database of or otherwise copy in any manner any map or driving directions (or any portion thereof) other than as may be necessary to generate such map or driving directions to view and print them on a temporary basis; (ii) sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose any map or driving directions to any third party; or (iii) cause, assist or with knowledge permit any third party to do any of the foregoing.

27. Additional Terms and Conditions Applicable to WordPress.

You acknowledge and agree to WordPress' Terms and Conditions of Use.

28. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

29. ENGLISH LANGUAGE CONTROLS

This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration. 

30. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

Revised: August 7 2017
2017 UJAT, and itsME!Rocks LLC Brand All Rights Reserved.