Please read these terms and conditions carefully before using our application.
Interpretation and Definitions
Interpretation
Words with capital letters have the meanings defined below. These definitions shall have the same meaning regardless of whether they appear in singular or plural form.
Definitions
For the purposes of these terms and conditions:
“Application” refers to the software program named Copper Boom provided by the company, which you download on any electronic device. You may not derive or attempt to derive all or part of the source code of the Application, allow any third party to derive or attempt to derive such source code, nor reverse engineer, decompile, disassemble, or translate the Application or any part thereof.
“App Store” refers to the digital distribution services operated and developed by UNIVERSAL TRADE LLC (Apple App Store) or Google Inc. (Google Play Store) from which the Application has been downloaded.
“Affiliate” means any entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the voting shares, equity, or other securities entitled to elect directors or other managing authority.
“Account” refers to the unique account created for you to access our Application or portions of the Application's content.
“Country” refers to the United States of America.
“Company” (referred to in this agreement as “Company,” “we,” or “our”) refers to UNIVERSAL TRADE LLC, located at 13733 Burbank Blvd, Van Nuys, CA 91401-5053.
“Device” means any device that can access the Application, such as a computer, phone, or digital tablet.
Acknowledgment
These terms and conditions apply to the use of this Application and constitute an agreement between you and the Company. These terms and conditions outline the rights and obligations of all users in relation to the use of this Application.
Your access to and use of this Application is conditioned on your acceptance of and compliance with these terms and conditions. These terms and conditions apply to all visitors, users, and others who access or use the Application.
By accessing or using the Application, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms and conditions, you must not access the Application and should immediately cease using it.
You represent that you are at least 18 years old. The Company does not permit individuals under the age of 18 to use the Application.
Your access to and use of this Application is also conditioned on your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use our Application and informs you of your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Application.
Intellectual Property
The Application and its original content (excluding content provided by you or other users), features, and functionality are the exclusive property of the Company and its licensors, both now and in the future. All content provided through the Application, including design, text, graphics, images, information, software, audio, and other files and their selection and arrangement (“Application Content”), is the proprietary property of the Company or its licensors. Unless expressly permitted by these terms and conditions, you may not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell any Application Content in any form or by any means (in whole or in part). You may not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain Application Content. All data, information, and materials generated from your access to and use of the educational activities provided on or through the Application, including any translation content you generate (“Activity Data”), shall be the exclusive property of the Company, and you shall not have any rights to use such Activity Data unless expressly authorized by these terms and conditions. By using this Application, you hereby assign any and all rights, title, and interest (including any intellectual property or ownership rights) in and to the Activity Data to the Company. All rights not expressly granted to you in these terms and conditions are reserved by the Company and its licensors.
This Application is protected by copyright laws, trademark laws, and other laws both domestically and internationally.
You may not use our intellectual property (including but not limited to trademarks and trade dress) in any product or service without the Company’s prior written consent.
Your Feedback
You assign all rights, title, and interest in any feedback you provide to the Company. If for any reason that assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, copy, disclose, relicense, distribute, modify, and exploit that feedback without restriction.
Links to Other Websites
Our Application may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall 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 such content, goods, or services available on or through any such websites or services. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason, including but not limited to your breach of these terms and conditions.
Upon termination of your Account, your right to use the Application will immediately cease. If you wish to terminate your Account, you simply need to stop using the Application.
Indemnification
You agree to defend, indemnify, and hold harmless the Company and its directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns from and against any and all losses, claims, causes of action, obligations, liabilities, and damages (including attorney fees) arising from your access to or use of the Application, any false representations made by you to us (as part of these terms and conditions or otherwise), your violation of any provision of these terms and conditions, or any claim that any translation provided to you by us is inaccurate, inappropriate, or defective in any way.
Limitation of Liability
Notwithstanding any losses you may incur, the Company and its suppliers’ total liability under any provision of these terms shall be limited to the amount you actually paid through the Application or $100, whichever is lower.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages (including but not limited to loss of profits, data, or other information, business interruption, personal injury, privacy loss arising from the use or inability to use the Application, third-party software and/or hardware used in conjunction with the Application, or any other damages related to these terms), even if the Company or any supplier has been advised of the possibility of such damages, even if remedies fail of their essential purpose.
Some jurisdictions do not allow the exclusion of implied warranties or limitations of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In those jurisdictions, the parties’ liability will be limited to the maximum extent permitted by law.
“As Is” and “As Available” Disclaimer
The Application is provided to you “as is” and “as available,” with all faults and defects, without any warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its affiliates and its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties that may arise from the course of dealing, performance, usage, or trade practice. Without limiting the foregoing, the Company does not warrant or make any representations regarding the Application’s ability to meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of its suppliers makes any representation or warranty of any kind, whether express or implied, regarding: (i) the operation or availability of the Application, or the information, content, and materials or products included therein; (ii) that the Application will be uninterrupted or error-free; (iii) the accuracy, reliability, or timeliness of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or any emails sent by or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on statutory rights applicable to consumers, so some or all of the above exclusions and limitations may not apply to you. But in such cases, the exclusions and limitations set forth herein shall apply to the maximum extent permitted by applicable law.
Severability and Waiver
Severability
If any provision of these terms is found to be unenforceable or invalid, that provision will be changed and interpreted to accomplish the objectives of that provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise any right or require performance of any obligation under these terms shall not affect a party's ability to exercise that right or require performance at any time thereafter, nor shall a waiver of any breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right to modify or replace these terms at any time at our sole discretion. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms in whole or in part, please stop using the Application.
Contact Us
If you have any questions about these terms and conditions, you can contact us at:
Email: [email protected]
