June 19, 2022

These Terms of Service (this “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website located at www.unbreakquality.com or any other side developed by Unbreak Quality, LLC and the Unbreak Quality, LLC mobile software application (collectively, the “Site”), each owned and operated by Unbreak Quality, LLC. and its affiliates (collectively, “Unbreak Quality”, “we”, “our” or “us”), and the services available thereon, including without limitation the services described in the “Service Description” section below (the “Service”).


If you have registered to use the Service for the purpose of accessing, obtaining or otherwise acquiring fitness training, meal planning or other related services from a trainer, gym, coach or other fitness or nutrition professional, you are an “End User” and you agree to be bound by this Agreement.


BY ACCESSING OR USING THE SITE OR SERVICE OR BY CLICKING ON THE “I LOGIN” OR SIMILAR BUTTON IN RELATION TO THESE TERMS OF SERVICE, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICE.  IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SITE OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICE.


IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.


By accepting this Agreement, you agree to be bound by the terms and conditions of this Agreement, and you agree that you have reviewed and understand Unbreak Quality’s Privacy Policy located at https://www.Unbreak Quality.com/privacy the “Privacy Policy”), as it may be amended from time to time in the future. 


We may amend any part of this Agreement by adding, deleting, or varying its terms from time-to-time in our discretion.  We will provide you with notice of the proposed amendment by posting an amended version of this Agreement with a new “Last Updated” date and alerting you of such amendment by email or through a notification on the Service.  We will include a link to the previous version of the terms beneath the new “Last Updated” date. 


The amendments will take effect 30 days after the date on which the amended version is posted.  Prior to that date, the previous version of this Agreement will continue to apply.


If you disagree with any amendments, you may terminate this Agreement by ceasing to use the Site and Service at any time within the 30-day period before the amendments take effect.  If the amendment increases your obligations under this Agreement, or decreases our obligations under this Agreement, then you can also terminate in the 30 days after the amendments take effect.  In either case, there is no cost or penalty for terminating.  If you do not cease using the Site and Service during that time, then by your continued use, you are considered to have accepted the proposed amendments.


Ability to Enter into this Agreement

In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement.  It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you.  If you accept this Agreement, you represent that you have the capacity to be bound by it.


Service Description

The Service is the provision of access to and use of a platform that facilitates communications, interactions and transactions between trainers and coaches and End Users for the purpose of enabling trainers and coaches to monitor, coach, train and communicate with End Users, and enabling End Users to access workout and meal plans, track their progress, access their appointments and classes, buy products, and more. Access to and use of the platform is provided free of charge by Unbreak Quality to you.

Unbreak Quality does not provide or perform training or coaching. Unbreak Quality is not responsible for any interactions that are facilitated through or in connection with the Service, nor does Unbreak Quality have any control over the quality, timing, provision or failure to provide, or any aspect whatsoever relating to the provision of coaching, training, workouts, meal plans, progress tracking, appointments, classes, product purchases and other services provided by trainers and coaches to End Users. 


Special Consents and Acknowledgements

YOU ACKNOWLEDGE AND AGREE THAT:

  1. IF YOU HAVE AN EMERGENCY, HAVE AN URGENT HEALTH CONCERN OR NEED TO OBTAIN MEDICAL ADVICE, YOU SHOULD REFRAIN FROM USING THE SERVICE AND SHOULD IMMEDIATELY CONTACT YOUR PHYSICIAN OR GO TO THE NEAREST HOSPITAL;

  2. THE INFORMATION CONTAINED WITHIN THE SERVICE AND THE CONTENT (AS DEFINED BELOW) IS INTENDED TO BE GENERAL IN NATURE, NOTHING CONTAINED WITHIN THE SERVICE OR THE CONTENT CONSTITUTES MEDICAL ADVICE AND YOU SHOULD NOT RELY ON ANYTHING CONTAINED WITHIN THE SERVICE OR THE CONTENT AS A SUBSTITUTE FOR APPROPRIATE AND TIMELY CONTACT WITH YOUR PHYSICIAN;

  3. Unbreak Quality DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO: (I) CONTENT FORMING PART OF OR PROVIDED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION WORK-OUT PLANS, EXERCISE VIDEOS, AND OTHER SIMILAR CONTENT, WHETHER OR NOT PROVIDED BY OR ON BEHALF OF Unbreak Quality; OR (II) ANY trainers and coaches YOU INTERACT WITH THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THEIR QUALITY, EXPERTISE, EDUCATION  OR LEVEL OF CERTIFICATION; 

  4. INTERACTIONS WITH trainers and coaches THROUGH THE SERVICE OR OTHERWISE ARE AT YOUR SOLE DISCRETION AND RISK;

  5. YOU SHOULD NEVER CHANGE OR STOP ANY COURSE OF MEDICAL TREATMENT WITHOUT FIRST CONSULTING YOUR PHYSICIAN; AND

  6. PARTICIPATING IN AN EXERCISE PROGRAM OR DIET CAN CAUSE INJURY, AND YOU ELECT TO DO SO ENTIRELY AT YOUR OWN RISK. 


Intellectual Property Rights

All material available on the Site and all material and services provided by or through Unbreak Quality, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws. 


Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, Unbreak Quality grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you.  You are not permitted to download, copy or otherwise store any Materials.


If Unbreak Quality, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service or any of its users, data, or Materials, or to your or a third party system, then Unbreak Quality may immediately suspend access to or use of the Service by you or any or all trainers and coaches or End Users.  The suspension of use and access is not a breach of this Agreement. You acknowledge that the preservation of security, confidentiality and data is paramount.  Unbreak Quality has no liability to you for suspending the Service under this provision or for any other reason, with or without cause. 


This section does not apply to Content; however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to Unbreak Quality related to the Service, the Site or Unbreak Quality or its business (“Feedback”) are and will be Unbreak Quality’s exclusive property without any compensation or other consideration payable to you by Unbreak Quality, and you do so of your own free will and volition.  Unbreak Quality may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Unbreak Quality may decide into the Site, the Service, its software, documentation, business or other products or services, or any future versions or derivatives of the foregoing.  You hereby provide to Unbreak Quality a perpetual, royalty-free, transferable, worldwide license to use for any reason all rights in any Feedback and, as applicable, procure the waiver of any moral rights and consent to acts which might otherwise infringe your moral rights. 


For the purposes of this Agreement and the Privacy Policy, “personal information” is any information about or relating to an identified or identifiable individual, as defined in our Privacy Policy.


Unbreak Quality retains the right to use or share any Aggregated Data generated by anyone using the Site or the Service, including our users, for the purpose of enhancing and providing the Service.  “Aggregated Data” means data that does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information.  You are still responsible for any and all personal information that is part of any Content.


Your Account

Before you can interact with any trainers and coaches via the Service, you must sign up for a Unbreak Quality account (“Account”). In doing so, you agree that Unbreak Quality is providing you with one user identification reference that you will use to create a username and password (together, the “User ID”) to the extent, and only to the extent, necessary to access and use the Site and Service in accordance with this Agreement.  You agree and understand that you are responsible for maintaining the confidentiality of your User ID.  That User ID, together with any or other user information you provide, including but not limited to your social media profiles and location, will form your “Profile Information” and allow you to access your Account.  You will provide true, accurate, current and complete information about yourself, and you agree not to misrepresent your Profile Information.  You represent and warrant to Unbreak Quality that you have not misrepresented any Profile Information.  We do not provide backups of your Profile Information, and you are responsible for any Profile Information that may be lost or unrecoverable through the use of the Site or Service. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity.  You agree not to disclose your User ID to any third party.  You are solely responsible for all activities that occur under your Account or under your Profile Information.  If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Unbreak Quality immediately.  It is your responsibility to update or change any Account or Profile Information, as appropriate. 


Submission of Content

The Site and the Service available thereon enable you to provide or upload content, including but not limited to messages, materials, data, text, music, sound, photos, videos, graphics, applications, code and other information or content (collectively, “Content”), to Unbreak Quality and/or trainers and coaches for the purpose of providing the Service or as otherwise permitted under this Agreement.  You acknowledge and agree that you are solely responsible for all Content you submit, provide or upload and the consequences for submitting, providing or uploading it.  


Unbreak Quality will use Content you upload solely in connection with providing the Service to you, and for no other reason.  You agree that by uploading, or otherwise providing any Content on or through the Site and/or the Service, you grant to Unbreak Quality a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such Content, solely in connection with providing the Service to you.  This license includes the right to host, index, cache or otherwise format your Content in order to provide the Service. 


You acknowledge and agree that your Content may be disclosed to others in accordance with the selected privacy settings, utilized features and general functionality of the Service, and as such may be accessible to others including without limitation to: (i) other End Users of the Service; (ii) trainers and coaches and their agents, (iii) third party service providers and their agents; (iv) any other person to whom any of the foregoing persons have granted access to your Content and (v) our affiliates in accordance with the Privacy Policy.  Unbreak Quality shall take commercially reasonable steps to ensure that Content identified as private within the functionality of the Service is not shared (unless you select otherwise), but you acknowledge and agree that Unbreak Quality cannot and does not guarantee any confidentiality with respect to your Content whatsoever.


You represent and warrant that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Unbreak Quality or Unbreak Quality’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. 


You agree that Unbreak Quality is not responsible for any violations of any third party intellectual property rights, privacy rights, publicity rights, trademark rights, contract rights or any other rights of any person or entity  in any Content that you submit to Unbreak Quality.  You agree to pay all royalties, fees and any other monies owing to any person by reason of the Content uploaded, displayed or otherwise provided by you to the Site. 


Monitoring

Unbreak Quality may, but has no obligation to, monitor Content on the Site, or any website created using our Service.  You consent to such monitoring.  We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Unbreak Quality or its customers, or operate the Site or Service properly, or improve the Site or Service.  Unbreak Quality, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement, including, but not limited to the Privacy Policy. 


Disclaimer of Warranties

YOUR USE OF THE SITE OR SERVICE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK.  THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  Unbreak Quality EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.  


Unbreak Quality DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU AGREE THAT FROM TIME TO TIME Unbreak Quality MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU, AND WITHOUT INCURRING ANY LIABILITY TO YOU OR ANY THIRD PARTY.  YOUR ACCESS AND USE OF THE SITE AND THE SERVICE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICE OR OTHER ACTIONS THAT Unbreak Quality, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE.  Unbreak Quality MAKES NO GUARANTEE REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITE OR SERVICE; OR (B) THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE OR CONTENT WITH THE SITE OR SERVICE. 


Unbreak Quality IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY Unbreak Quality, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, ANY THIRD PARTY SITES OR SERVICES ACCESSED THROUGH LINKS ON OUR SITE OR SERVICES, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY Unbreak Quality. 


YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE AND SERVICE.  Unbreak Quality DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND SERVICE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.


ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Unbreak Quality OR THROUGH OR FROM THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 


Third Party Sites and Content

The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site.  These other websites are not under Unbreak Quality’s control, and you acknowledge that Unbreak Quality is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources.  The inclusion of any such link does not imply endorsement by Unbreak Quality or any association with its operators.  You further acknowledge and agree that Unbreak Quality 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 such third party content, goods or services available on or through any such website or resource.  Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.


Unbreak Quality will have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any modification, suspension or discontinuance of the Site and/or the Service. 


Indemnity

You agree to indemnify, defend, and hold harmless Unbreak Quality, and its subsidiaries, affiliates, co-branders, all third party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, the Site or the Service, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Service and any Content, including without limitation your Profile Information, any Content you make available through the Site or Service, and any third party Content forming part of the Site;  (b) your violation or alleged violation of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein.  Unbreak Quality reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Unbreak Quality and you agree to cooperate with Unbreak Quality’s defense of these Claims. You agree not to settle any matter without the prior written consent of Unbreak Quality.  Unbreak Quality will use reasonable efforts to notify you of any such Claims upon becoming aware of it.


Cancellation and Termination

Depending on the settings established by your trainer, gym, coach or other fitness or nutrition professional that provided you with access to the Service, if you wish to cancel your use of the Service, you may either cancel your Account at any time through the interface provided as part of the Service, or you may need to cancel pursuant to the contract you have entered with your trainer, gym, coach or other fitness or nutrition professional.  Email requests (from email accounts other than your Unbreak Quality email account) or phone requests to cancel your Account may not be accepted.


You will remain liable for all charges accrued on your Account up to the time of cancellation. Unbreak Quality is under no obligation to store your Content and may delete your Account and your Content immediately upon cancellation or termination of your Account for any reason.


Unbreak Quality reserves the right at any time, and without cost, charge or liability, to terminate this Agreement for any serious reason, including, but not limited to, a failure to comply with the terms of this Agreement, if your use of the Site or Service is in violation of this Agreement or applicable laws, if your use disturbs the normal operation of the Site or Service for other users, or attempts to circumvent our security measures. Unbreak Quality reserves the right to modify, suspend or discontinue the Site and/or Service, or any portion thereof, at any time and for any reason.  


Data Usage and Charges

The Service may use information and data transmission networks operated by third parties to send data, information and Content from a computer or device to Unbreak Quality’s servers, and to serve data, information and Content back to such computer or device.  Depending on your wired or wireless data or similar plan with such third party operators, you may incur charges from such third party operators for use of its information and data transmission networks.  You are solely responsible for any and all costs, including without limitation wireless and cellular data costs, you may incur as a result of the usage of the Service and/or as a result of data, information and Content submitted or received by your computer or device through the Service.


Disputes

BY AGREEING TO THIS AGREEMENT, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST Unbreak Quality ON AN INDIVIDUAL BASIS IN ARBITRATION AS SET FORTH IN THIS SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST Unbreak Quality, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION BROUGHT AGAINST Unbreak Quality BY SOMEONE ELSE.  

YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY. 

YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

All disputes arising out of or in connection with this Agreement, or in respect of any defined legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration:

  1. if you are a US resident, under the Streamlined Arbitration Rules and Procedures of JAMS, and the place of arbitration shall be Austin, Texas; and

Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that you cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, we will pay them for you. 

The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.

If there is any dispute between you and Unbreak Quality about or involving this Agreement, the Site or the Service:

  1. if you are a US resident, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the State of Texas, or US federal law to the extent applicable, without regard to conflict of law provisions; and

Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that this Agreement specifically enforceable by us through injunctive relief and other equitable remedies without proof of monetary damages.

No action, regardless of form, which arises from or is related in any way whatsoever to this Agreement, may be commenced by you more than twelve (12) months after such cause of action accrues.


This Agreement, and any rights and licenses granted hereunder, may not be transferred, assigned or sold by you, but may be transferred, assigned and sold by Unbreak Quality without restriction.


You agree that if Unbreak Quality does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Unbreak Quality has the benefit of under any applicable law), this will not be taken to be a formal waiver of Unbreak Quality’s rights and that those rights or remedies will still be available to Unbreak Quality. 


The sections of “Special Consents and Acknowledgements”, “Intellectual Property Rights”, “Submission of Content”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Exclusive Remedy and Limitation of Liability”, “Indemnity”, “Cancellation and Termination”, “Disputes” and “Miscellaneous” and any other provisions of this Agreement that are intended to survive termination or expiry of this Agreement will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.


This Agreement is the entire agreement between us related to the subject matter in this Agreement.  This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.


Contacting Unbreak Quality

You may contact Unbreak Quality: