End User License Agreement

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. BY CLICKING THE ACCEPTANCE BUTTON, DOWNLOADING AND/OR INSTALLING THE APPLICATION, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.

This Agreement sets forth the terms and conditions of your use of the accompanying ULTIMATE BUSINESS QUEST software application (the “App”). For the purposes of this Agreement, “you” means you, the end user, and “Licensor” means ULTIMATE BUSINESS QUEST, LLC, a Nevada Limited Liability Company and its subsidiaries and affiliates. This Agreement is between You and Licensor and not Apple or Google (the “Services”), and Licensor is solely responsible for the App and its contents. To the extent any portion of this Agreement are in conflict with the Terms and Conditions of use of either of the Services (which You acknowledge you have had the opportunity to review), the Terms and Conditions of the Services shall control.

  1. License Grant. Licensor hereby grants to you a non-exclusive and non-transferable license to use the App and related documentation (the “Documentation”), according to the provisions contained herein and subject to payment of applicable license fees. You are not permitted to lease, rent, distribute or sublicense the App or any rights therein, and may only use them in accordance with this Agreement and the terms and conditions of the Services. You also may not install the App on a network server, use the App in a time-sharing arrangement or in any other unauthorized manner. Further, no license is granted to you in the human readable code of the App (source code). Except as provided below, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the App and Documentation. You agree that you have no right, power or authority to make any modifications to or unauthorized copies of the App. 
  2. License to Contributions.  You agree that Licensor may access, store, process and use any contribution, information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings.)
  3. No Assignment; No Transfer. You agree not to transfer or assign the App and/or this Agreement to another party without the prior written consent of Licensor. If such consent is given and you transfer or assign the App and/or this Agreement, then you must at the same time either transfer any copies of the App and Documentation to the same party or destroy or return to Licensor any such materials not transferred. Except as set forth above, you may not transfer or assign the App or rights under this Agreement.
  4. No Modification; No Reverse Engineering. You agree not to modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the App or assist someone in performing such prohibited acts.
  5. Legal Compliance.  You agree, represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and that you are not identified or listed on any US Government list of prohibited or restricted parties.
  6. Import/Export Restrictions. You agree not to import or export the App or any Documentation (or any copies thereof) or any products utilizing the App or any Documentation in violation of any applicable laws or regulations of the United States or the country to which you have imported or exported. You agree to indemnify Licensor from liability if you violate any such laws or regulations.
  7. Title. You agree that Licensor owns and holds title to the App and any Documentation and all subsequent copies thereof regardless of the form or media. Furthermore, title, ownership rights, and intellectual property rights in the App and any Documentation shall remain with Licensor. The App and any Documentation are protected by copyright and other intellectual property laws and by international treaties.  In the event of any third-party claim that the App or your use of the App infringe upon a third-party’s intellectual property rights, Licensor (not Apple or Google), will be solely responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  8. Term and Termination. This license will be perpetual from the date that you first use the App if the license is not earlier terminated by Licensor or you. You may terminate this license at any time by destroying the App and any Documentation together with all copies and merged portions in any form. Your license for the App will also terminate immediately if you fail to comply with any term or condition of this Agreement, file for bankruptcy, or are placed in receivership. Upon such termination, you agree to destroy the App and Documentation, together with all copies thereof. You agree that you will not be entitled to a refund of any applicable license fee upon early termination of this Agreement.
  9. Governing Law. This Agreement shall be governed by, subject to, and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws provisions.  You expressly disclaim the applicability of, and waive any right based upon, the Uniform Computer Information Transactions Act or the United Nations Convention on Contracts for the International Sale of Goods.  In an action arising out of or relating to this Agreement, you consent to the exclusive jurisdiction of the federal and state courts located in the County of Clark, State of Nevada.  The prevailing part in any such action shall be entitled to recover its reasonable attorneys’ fees and costs incurred in litigating or otherwise settling or resolving such action.  YOU FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
  10. Limited Warranty. Licensor warrants that for a period of ten (10) days from the date of acquisition, the App, if operated as directed, will substantially achieve the functionality described in any Documentation. Licensor does not warrant, however, that your use of the App will be uninterrupted or, that the operation of the App will be error-free. Licensor also warrants that the media containing the App, if provided by Licensor, is free from defects in material and workmanship and will so remain for ten (10) days from the date you acquired the App.
Licensor’s sole liability for any breach of this warranty shall be, in Licensor’s sole discretion (i) to replace your defective media or App, or (ii) to advise you how to achieve substantially the same functionality with the App as described in any Documentation through a procedure different from that set forth in any Documentation, or (iii) if the above remedies are impracticable, to refund the license fee you paid for the App. Repaired, corrected, or replaced App and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original App, or if longer, for ten (10) days after the date (a) of delivery to you of the repaired or replaced App, or (b) Licensor advised you how to operate the App so as to achieve substantially the same functionality described in any Documentation. Only if you inform Licensor of your problem with the App during the applicable warranty period and provide physical evidence of the date you purchased or obtained a license to the App will Licensor be obligated to honor this warranty. Licensor will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within forty-five (45) days of being so notified. If any modifications are made to the App by you during the warranty period, if the media is subjected to accident, abuse, or improper use or if you violate the terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the App is used on or in conjunction with hardware or App other than the unmodified version of hardware and App with which the App was designed to be used as described in the Documentation. THIS IS A LIMITED WARRANTY, AND THE WARRANTY SET FORTH IN THIS AGREEMENT IS THE ONLY WARRANTY MADE BY LICENSOR. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE APP REMAINS WITH YOU.
  1. Limitation of Remedies. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL LICENSOR, OR ITS SUPPLIERS OR RESELLERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PROGRAMS (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN). IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. IN NO EVENT SHALL LICENSOR’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE APP.
Notwithstanding the foregoing, Licensor (not the Services) is responsible for addressing any claims You or a third-party may have related to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Apps use of Healthkit or Homekit frameworks.
  1. Indemnification. You agree to defend, indemnify and hold harmless Licensor, its suppliers and its resellers from and against liabilities, costs, damages and expenses (including settlement costs and reasonable attorneys’ fees) arising from any claims from anybody that result from or relate to your use, reproduction or distribution of the App, or your breach of any representation, warranty or obligation under this Agreement.
  1. Third-Party Beneficiaries. In the event this App is downloaded from Google or Apple, both Apple and Google and their affiliates and subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of these Terms and Conditions both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against you as a third-party beneficiary hereof.
  2. Third Party Terms of Agreement. You must comply with all applicable third party terms of agreement when using the App.
  1. Severability. In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
  2. Entire Agreement. You further agree that this Agreement is the complete and exclusive statement of the agreement between you and Licensor which supersedes all proposals or prior agreements, oral or written, and all other communications between you and Licensor relating to the subject matter of this agreement. This Agreement may only be modified by a written agreement signed by both you and an authorized representative of Licensor.
  3. Acknowledgement. By downloading, installing or using any part of this App, you indicate that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
  4. Force Majeure. Licensor shall not be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event Licensor shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.
  5. Subscription.
    1. Monthly Subscription: By purchasing and subscribing a monthly subscription, you are agreeing to an initial and recurring monthly subscription fee at the then-current monthly subscription rate, you will accept all responsibility for all recurring charges until you cancel your subscription. You may cancel at any time, subject to our cancellation policy.
  6. Terms of ServiceUltimate Business Quest, continues to build technologies and services that enable people to connect with each other, build communities, and grow businesses. These Terms govern your use of Business Empire, Chat, and the other products, features, apps, services, technologies, and software we offer, except where we expressly state that separate terms (and not these) apply. These Products are provided to you by Ultimate Business Quest, LLC. We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information).

Services we provide:

Connecting Questers together through Quest Connect inside Business Empire, also known as “Business Matchmaking” “Quest Connect Groups” “Groups”.

Business Empires guides you to find and connect with questers, groups, businesses, organizations, and others that matter to you across the Ultimate Business Quests Products you use. Unlike other platforms that take your data to give you recommendations we rotate business spotlights and Quest Connect Connections through random algorithms that provide all users an equal opportunity to be in the spotlight. 
Promote the safety, security, and integrity of our services, combat harmful conduct and keep our community of users safe:

People/Businesses will only build groups on Quest Connect if they feel safe and secure. We work hard to maintain the security (including the availability, authenticity, integrity, and confidentiality) of our Products and services. We employ dedicated teams around the world, work with external service providers, partners and other relevant entities and develop advanced technical systems to detect potential misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our Questers, including to respond to user reports of potentially violating content. If we learn of content or conduct like this, we may take appropriate action based on our assessment that may include – notifying you, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement. We share data across Ultimate Business Quest Companies when we detect misuse or harmful conduct by someone using one of our Products or to help keep Products, users and the questers safe. For example, we share information with Ultimate Business Quest & Companies that provide financial products and services to help them promote safety, security and integrity and comply with applicable law. Ultimate Business Quest and Companies may access, preserve, use and share any information it collects about you where it has a good faith belief it is required or permitted by law to do so.

Your Comments & Our Questers:

 

When people stand behind their opinions and actions, our questers are safer and more accountable. For this reason, you must:

  • Provide for your account the same name that you use in everyday life.
  • Provide accurate information about yourself.
  • Create only one account (your own) and use it for personal purposes.
  • Not share your password, give access to your Business Empire account to others, or transfer your account to anyone else (without our permission).

We try to make Business Empire broadly available to everyone, but you cannot use Business Empire if:

  • You are under 18 years old.
  • You are a convicted sex offender.
  • We’ve previously disabled your account for violations
  • You are prohibited from receiving our products, services, or software under applicable laws.

What you can share and do on Business Empire Products

We want people to use Business Empire Products to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

  1. You may not use our Products to do or share anything: (Violations listed below)
    • That violates these Terms, or other terms and policies that apply to your use of our Products.
    • That is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using our Products in such a way).
    • That you do not own or have the necessary rights to share.
    • That infringes or violates someone else’s rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law.
  2. You may not upload viruses or malicious code, use the services to send spam, or do anything else that could disable, overburden, interfere with, or impair the proper working, integrity, operation, or appearance of our services, systemes, or Products.
  3. You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
  4. You may not proxy, request, or collect Product usernames or passwords, or misappropriate access tokens.
  5. You may not sell, license, or purchase any data obtained from us or our services, except as provided in the Platform Terms.
  6. You may not misuse any reporting, flagging, dispute, or appeals channel, such as by making fraudulent, duplicative, or groundless reports or appeals.

We can remove or restrict access to content that is in violation of these provisions. We can also suspend or disable your account for conduct that violates these provisions.

If we remove content that you have shared in violation of the Community Standards, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our group of questers; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies, if this feature exists in your jurisdiction.

We also can remove or restrict access to content features, services, or information if we determine that doing so is reasonably necessary to avoid or mitigate misuse of our services or adverse legal or regulatory impacts to Ultimate Business Quest, Companies and Products. 

Permissions from you to utilize Business Empire

We need certain permissions from you to provide our services:

  1. Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
    You retain ownership of the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on Business Empire and other Ultimate Business Quest Company Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
    However, to provide our services we need you to give us some legal permissions (known as a “license”) to use this content. This is solely for the purposes of providing and improving our Products and services as described above.
    Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Business Empire, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as Ultimate Business Quest Products or service providers that support those products and services. This license will end when your content is deleted from our systems.
    You can delete individual content you share, post, and upload at any time. In addition, all content posted to your personal account will be deleted if you delete your account. It may take up to 90 days to delete content after we begin the account deletion process or receive a content deletion request. 

Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:

  • where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted);
  • where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
  • where immediate deletion would restrict our ability to:
    • investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);
    • protect the safety, integrity, and security of our Products, systems, services, our employees, and users, and to defend ourselves;
    • comply with legal obligations for the preservation of evidence, including data Ultimate Business Quest and Companies providing financial products and services preserve to comply with any record keeping obligations required by law; or
    • comply with a request of a judicial or administrative authority, law enforcement or a government agency;
  1. in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
    In each of the above cases, this license will continue until the content has been fully deleted.Permission to use your name, profile picture, and information about your actions with ads and sponsored or commercial content: You give us permission to use your name and profile picture and information about actions you have taken on Business Empire next to or in connection with ads, offers, and other sponsored or commercial content that we display across our Products, without any compensation to you. For example, we may show your picture if you win cash incentives within Business Empire or any of Ultimate Business Quests Products. Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
  1. Contact Information. For information, questions, claims or complaints concerning the App,  you may contact (name, address, email and phone):

ULTIMATE BUSINESS QUEST, LLC

support@ultimatebusinessquest.com

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