TERMS

Terms of Service – Last Edited March 2024

Services (the “Services”) are provided by Free Universal Network LLC (“we”, “us”, “our”), and are subject to the following Terms of Service (“Terms”) and the conditions of our Privacy Policy. By becoming a member, you acknowledge that you have read, understood, and agreed to our Terms. We may occasionally update our Terms; hence, we advise you to regularly check this page for updates.

At our sole discretion, we reserve the right to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and indicate at the top of this page the date that these Terms were last revised. We’ll also inform you through the Member’s member area, via email, or other reasonable means. Any changes will be effective immediately for new Members signing up for the Service. For existing Members of the Service, any such changes will become effective seven days after they have been informed, except that changes addressing new functions or changes made for legal reasons will be effective at once. Your continued use of the Service after the date any such changes become effective means that you accept the new Terms.

READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

When using the Service, you will be subject to any additional terms applicable to such services that may be posted on the website from time to time, including, without limitation, the Acceptable Use Policy. All such terms that result from this AUP are incorporated by reference into these Terms.

Content

  1. Access And Use Of The Service
  2. Conditions Of Use
  3. Intellectual Property Rights
  4. Third-Party Services
  5. Indemnity And Release
  6. Disclaimer Of Warranties
  7. Limitation Of Liability
  8. Dispute Resolution By Binding Arbitration
  9. Termination
  10. Member Disputes
  11. General

1. Access And Use Of The Services

a) Description Of Services: The Service is software accessed over the Internet and via mobile devices to share, update, store, access, order, and otherwise use your personal and business contact information and the contact information of other people in your network.
b) Your Registration Obligations: You are required to register as a Member to access and use the Service. If you choose to register for a Membership, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration form. Our Privacy Policy governs registration data and certain other information about you.
c) Security Of Your Account: You agree that you are responsible for any act or omission of any Members that access the Service under your account. You agree to notify us of any security breach you become aware of.
d) Access To The Services: You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Service. You are responsible for ensuring that such equipment and services are compatible with the Service. To the extent applicable, the Software (as defined below) complies with all configurations and specifications outlined in Our published policies then in effect.
e) Modifications To The Services: We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. 
f) General Practices Regarding Use And Storage: You acknowledge that we may establish general practices and limits concerning the use of the Service, including the maximum period that data or other content will be retained by the Service and the total storage space allotted on our server on your behalf. You agree that we are not responsible for the deletion or failure to store any data or other content maintained or uploaded by the Service. You also acknowledge that we reserve the right to terminate the accounts of free Members after an inactive period of 12 months. You further acknowledge that we reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice. 
g) Mobile Services: The Service is available via a mobile device, including (i) the ability to upload content to the Service, (ii) the ability to browse the Service and the websites, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services “). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices.

2. Conditions Of Use

a) Member Conduct: You are solely responsible for all information, data, text, images, videos, or other materials (“Content “) that you upload, post, publish, display, transmit, or send (collectively, “Transmit “) or otherwise use via the Service. Our Acceptable Use Policy is available here. You agree to use the Service in compliance with Acceptable Use Policy. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, without limitation, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
b) Special Notice For International Use; Export Controls: Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. Software available in connection with the Service and the transmission of applicable data, if any, is subject to your country’s import controls. You may not download Software from the Service or otherwise import or re-import, violating local import laws. Downloading or using the Software is at your sole risk.
c) Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
d) Data Processing Addendum: To the extent possible, we process Member personal data subject to the GDPR. The parties agree to comply with their terms.

3. Intellectual Property Rights:

a) Service Content, Software, And Trademarks:

You acknowledge and agree that the Service may contain content or features (“Service Content “) protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except if expressly authorized by Us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the preceding does not apply to your own Member Content (as defined below) that you legally upload to the Service.

  • In connection with using the Service, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. Suppose we block you from accessing the Service (including blocking your IP address). In that case, you agree not to implement any measures to avoid such blocking (e.g., by masking your IP address or using a proxy IP address).
  • The technology and Software underlying the Service or distributed in connection, in addition to that, are the property of Free Universal Network LLC, our affiliates, and our partners (the “Software”). Any use of the Service or the Service Content other than specifically authorized herein is strictly prohibited. You agree not to copy, modify, create a derivative work of, reverse engineer, assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. We reserve any rights not expressly granted herein.

b) Third Party Material:

  • The Free Universal Network name and logos are trademarks and service marks of Free Universal Network LLC (collectively the “Trademarks”). Other product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected with Us. Nothing in these Terms should be construed as granting, by implication, estoppel, any license or right to use any Trademarks displayed on the Service without our prior written consent permission in each instance.
  • All goodwill generated from using our Trademarks will inure to our exclusive benefit. You are liable in any way for any content or materials of any third parties (including our Members), including, but not limited to, for any errors or omissions in any Content or for any loss or damage of any kind incurred because of the use of any such content. You acknowledge that we do not pre-screen content but that we, and our designees, will have the right (but not the obligation) in their sole discretion to refuse or remove any content available via the Service.
  • You agree that you must evaluate and bear all risks associated with using any content, including reliance on the accuracy, completeness, or usefulness.

c) Member Content Transmitted Through the Service:

  • Concerning the content or other materials you transmit through the Service or share with other Members or recipients (collectively, “Member Content”), you represent and warrant that you own all rights, title, and interest in and to such Member content, including, without limitation, all copyrights and rights of publicity contained therein. By sending any Member Content through the Service, you will give Us and our affiliated companies a license to perform the actions necessary to deliver Member Content to the intended recipients.
  • You also acknowledge and agree that Member Content does not include any System Data. We own the System Data, which means aggregated and anonymous Member and other data regarding the Services that may be used to generate logs, statistics, and reports regarding the Services’ performance, availability, integrity, and security. System Data does not include your contacts’ contact information or personal data you upload or receive through the Service.
  • You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service provided by you (“Submissions”) and any Member content that you make available through the Service in a manner that allows other Members of the Service and Members of the public not specified or identified by you to access your Member Content (“Public Member Content”) are non-confidential. We are entitled to the unrestricted use and dissemination of these submissions and public Member Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  • You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Us, our Members and the public.
  • You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

4. Third-Party Services

The Service may provide, or third parties may provide, links or other access to other sites, services, products, and resources on the Internet (“Third-Party Services”). We have no control over such third-party services and are not responsible for and do not endorse such services. You further acknowledge and agree that we will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such third-party service. Any dealings with third parties found while using the Service are between you and the third party. You agree that we are not liable for any loss or claim that you may have against any such third party.

5. Indemnity And Release

  1. You agree to release, indemnify, and hold our affiliates, officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any losses, damages, and expenses, including reasonable attorney fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any Member Content, your connection to the Service, your violation of these Terms or your violation of any rights of another.
  2. In addition to the previous, you will have no obligation to indemnify or hold harmless any indemnitee from or against any liability, losses, damages, or expenses incurred due to any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 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.” If you reside in another jurisdiction, you waive any comparable statute or doctrine.

6. Disclaimer Of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF THE SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

7. Limitation Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID IN THE LAST YEAR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE CONCERNING YOU AND ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE APPLICABLE STATE. SUPPOSE ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER APPLICABLE LAWS. IN THAT CASE, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SERVICE.

  1. Dispute Resolution By Binding Arbitration (Read This Section Carefully, As It Affects Your Rights.)

a) Agreement To Arbitrate:

This “Dispute Resolution by Binding Arbitration” section is referred to in these Terms as the “Arbitration Agreement.” You agree that any disputes or claims that have arisen or may arise between you and Us, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, under the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. If the law allows, such agencies can seek relief against us on your behalf. You agree that, by accepting these Terms, you and we are waiving the right to a trial by jury or participating in a class action. A neutral arbitrator, not a judge or jury, will determine your rights. The United States Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b) Prohibition Of Class and Representative Actions and Non-Individualized Relief:

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

 b) Pre-Arbitration Dispute Resolution:

We are always interested in resolving disputes amicably and efficiently. Most Member concerns can be resolved quickly and to the Member’s satisfaction by contacting our support desk at support@freeuniversalnetwork.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The notice should be sent to Free Universal Network LLC, 30 N Gould Street, Suite 35925, Sheridan, WY 82801, United States (“Notice Address”). The message must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and we do not resolve the claim within sixty (60) calendar days after receiving the notice, you or we may commence arbitration proceedings. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.

c) Arbitration Procedures:

  1. As modified by this Arbitration Agreement, the American Arbitration Association, a neutral arbitrator, will conduct the arbitration, including AAA rules, procedures, and the AAA consumer arbitration rules (collectively, the “AAA Rules”). For information about the AAA, visit its website: https://www.adr.org. Information about the AAA rules and fees for consumer disputes can be found on the AAA’s rules page. Suppose there is any inconsistency between any term of the AAA rules and any term of this Arbitration Agreement. In that case, the applicable terms of this Arbitration Agreement will be controlled unless the arbitrator determines this Arbitration Agreement’s application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would.
  2. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for minimal reasons. Unless you and we agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties cannot agree on a place, the determination shall be made by AAA. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. Regardless of how the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e) Costs Of Arbitration:

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the LCIA rules unless otherwise provided in this Arbitration Agreement. If you can demonstrate to the arbitrator that you cannot pay your portion of the Arbitration Fees, or if the arbitrator otherwise determines that you should not be required to pay your share of the Arbitration Fees, we will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The LCIA rules will govern any payment of attorneys’ fees.

f) Confidentiality:

All aspects of the arbitration proceeding and any ruling, decision, or award by the arbitrator will be strictly confidential for the benefit of all parties.

g) Severability:

  1. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or condition that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.
  2. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void unless such provisions are deemed to be invalid or unenforceable solely concerning claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.

h) Future Changes to Arbitration Agreement:

Notwithstanding any provision in this Terms of Service to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a Member of the Services, you may reject any such change by sending Us written notice within thirty (30) calendar days of the transition to the Notice Address provided above. By rejecting any future change, you agree that you will arbitrate any dispute between us per the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms of Service).

9. Termination

You agree that we, at our sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service for any reason, including, without limitation, for lack of usage or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. In our sole discretion and at any time, we may discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be affected without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Service. Further, you agree that we will not be liable to you or any third party for termination of your access to the Service and loss of income.

10. Member Disputes

You agree that you are solely responsible for interacting with any other Member in connection with the Service. We will have no liability or responsibility and reserve the right but have no obligation, to become involved in any way with disputes between you and any other Member of the Service.

11. General

These Terms constitute the entire agreement between you and Free Universal Network LLC and govern your use of the Service, superseding any prior agreements between you and Us concerning the Service. You may also be subject to additional terms and conditions when you use affiliate or third-party services, third-party content, or third-party software. The laws of the United States will govern these Terms without regard to its conflict of law provisions. Concerning any disputes or claims not subject to arbitration, as set forth above, you and we agree to submit to the personal and exclusive jurisdiction of Wyoming, United States. The failure of Us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intention of the parties as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without Our prior written consent. Still, we may assign, sublicense, or transfer any or all its rights and obligations under these Terms without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. You may be notified via SMS message, email, or regular mail. The Service may also notify you of changes to these Terms or other matters by displaying notices or links to notices generally on the Service.

If you have questions, concerns, or suggestions or want to report any violations of these Terms of Service, you can contact us at support@freeuniversalnetwork.com.