Marriage Mastery International, LLC dba as Ummah Stars (“Ummah Stars,” “we” or “us”) provides an online and mobile service, including, but not limited to the Ummah Stars website, www.UmmahStars.com (the “Site”), computer mobile applications (“App” or “Apps”) and programs hosted by or on behalf of Ummah Stars and related content or services (collectively with the Site and the Apps, the “Service”). Additionally, digital product content (the “Product” or “Products”) delivered via the Site and/or our Apps is included in the designation of “Service” herein. THESE TERMS OF SERVICE (THE “TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND UMMAH STARS AND GOVERN YOUR USE OF THE SERVICE and/or Product(s). The terms “you” and “user” shall refer to all individuals and entities that access the Service. If you are using the Service for iOS, the additional terms set forth below in the Paragraph titled, “iOS Terms” apply to your use of that app. If you do not wish to be bound by those additional terms, do not use the Service for iOS.
These Terms include a release by you of, and limitations on, claims for certain damages against us that may arise out of your use of the Service. By using the Service, you are agreeing to the release and limitations.
By accepting these Terms, you are agreeing to the arbitration agreement (unless you follow the opt-out procedure) described below in these Terms to resolve any disputes with Ummah Stars.
By your affirmative actions of registering for and/or using the Service, you are agreeing to these Terms.
Use of the Service and/or Product(s)may require a compatible mobile device and Internet access. Your ability to use the Service and/or Product(s) may be affected by performance of these items. You acknowledge and agree that all such system requirements, which may be changed from time to time, are your responsibility, and your mobile carrier’s standard charges, data rates and other fees may apply. Further, you agree to always use the most recent version of the Service made available by Ummah Stars.
License to Use the Service; Ownership
We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on mobile device(s) owned or leased solely by you. You may not:
(i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law;
(ii) rent, lease, loan, resell, sublicense,distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party;
(iii) make any copies of the App;
(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or
(v) delete the copyright and other proprietary rights notices on the App. You acknowledge that we may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and Ummah Stars and its third-party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.
iOS Devices and Specific Terms
The following additional terms and conditions apply with respect to any App that Ummah Stars provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and Ummah Stars only, and not with Apple, Inc. (“Apple”).
- Your use of Ummah Stars’s iOS App must comply with Apple’s then-current App Store Terms of Service.Your use of Ummah Stars’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- Ummah Stars, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that Ummah Stars, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that Ummah Stars, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Ummah Stars’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
Android Devices and Specific Terms
The following additional terms and conditions apply with respect to any App that we provide to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between you and Ummah Stars only, and not with Google, Inc. (“Google”).
- Your use of Ummah Stars’s Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. Ummah Stars, and not Google, are solely responsible for Ummah Stars’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to Ummah Stars’s Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to (App name)’s Android App.
The Service and/or Product(s) are offered and available to users who are 18 years of age or older. By using the Service and/or Product(s), you agree that you are of legal age to form a binding contract with Ummah Stars, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Service and/or Product(s). The Service and/or Product(s) are not available to individuals under the age of 18 (“Minor”) unless a parent and/or legal guardian has consented on behalf of said Minor. A consenting parent and/or legal guardian also warrants and represents that they assume all risk(s) and liabilities on behalf of the Minor’s engagement in the Activities delivered through the Services. Ummah Stars may, in its discretion, refuse to offer the Service and/or Product(s) to any person and change its eligibility criteria at any time. Your right to access the Service and/or Product(s) is revoked where these Terms or use of the Service and/or Product(s) is prohibited and, in such circumstances, you agree not to use or access the Service and/or Product(s) in any way.
You may browse the Site without registering, but as a condition to using certain aspects of the Service, you are required to register with Ummah Stars and agree that you will provide Ummah Stars with accurate and complete registration information (including an email address and a password you will use to access the Service) and keep your registration information accurate and up-to-date. Failure to do so is a breach of these Terms, which may result in immediate termination of your Ummah Stars account. You agree to refrain from using a username that is the name of another person other than you or selecting a username that is not lawfully available to use, or violates any trademark or copyright. Usernames that are vulgar, obscene, or offensive will violate the terms of this Agreement and result in Account termination.
You agree to complete a User profile (“Profile”) which you expressly consent to be shown and displayed to other Users and the public at large unless you change your privacy settings. In the case of a parent and/or legal guardian creating a profile for a Minor, you expressly agree and consent to create a Profile for the Minor which may include their image(s) and/or likeness which may be used for social media purposes. In the event you do not consent to the Minor’s Profile creation and use of their image(s) and/or likeness for social media purposes, you may opt out of this provision by setting your User preferences accordingly.
You represent and warrant that the information you provide to us and other Users of the Services are true, accurate, complete, and will be updated regularly. Any false or misleading Profile information is subject to removal and Account cancellation at the sole discretion of Ummah Stars.
You acknowledge that Ummah Stars has no obligation to monitor your or any other user’s access or use of the Site or the Service or edit any User Content (as defined below). Ummah Stars reserves the right, at any time and without prior notice, to refuse registration of, remove or disable an account (temporarily or permanently) in Ummah Star’s sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account and password. You agree to immediately notify Ummah Stars in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Unless required by law, you agree and acknowledge that your Ummah Stars Account is non-transferable and any rights to your Ummah Stars Account or Content therein terminate upon your death. In the event of your death, a valid copy of a death certificate may permit the proper party to terminate your Account and related Content on your behalf. Contact Ummah Stars Support at support@UmmahStars.com for additional assistance.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Ummah Stars. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Ummah Stars. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Purchases and Charges
When a User makes purchases through the Services, the User must provide requested credit card payment information.
Service Refunds; Credits; Taxes
At Ummah Stars’ sole discretion, refunds or credits may be granted as a result of specific refund guarantee promotions, or to correct any errors made by Ummah Stars. You may contact us for refund inquiries at support@UmmahStars.com. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the User shall be responsible for payment of all taxes, levies, or duties associated with his or her purchases hereunder, excluding United States (federal or state) taxes
Ummah Stars reserves the right, at its sole discretion, to modify the Site or the Service or to modify these Terms, including the fees associated with the Service and/or Product(s), at any time and without prior notice. A link to the most current Terms will be available on the Ummah Stars home page and we will indicate the date of the “Latest Updated” at the top of the Terms. If we materially modify these Terms, we will post a notice on the Service and, if you’ve provided Ummah Stars with your email by creating an account through the Service, we will also notify you by email.
Your continued use of the Service and/or Product(s) following the posting of such changes constitutes your acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.
Ummah Stars’ Relationship to the Parties
Ummah Stars’ community platform is merely a conduit where well-informed, independent, and discerning individuals may select Services that are most appropriate for their specific goals.
Links to Third-Party Sites
You hereby agree to comply with any and all terms and conditions, user guides and privacy policies of any of Third-Party Sites. Ummah Stars is providing links to the Third-Party Sites to you as a convenience, and Ummah Stars does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT UMMAH STARS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Ummah Stars’s endorsement or recommendation.
Intellectual Property Rights
UMMAH STARS and the UMMAH STARS Logo are service marks, trademarks, and/or trade dress of Ummah Stars or otherwise proprietary to Ummah Stars and may not be used by you for any reason other than as expressly permitted by these terms. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Ummah Stars. You have the right to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of making Activity reservations or other personal use. You acknowledge that Ummah Stars and/or third-party content providers remain the owners of all Site and Service material and that you do not acquire any of those ownership rights by downloading, copying or using any such material in accordance with these Terms.
Acceptable Use Policy
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Ummah Stars cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms, the term “Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Ummah Stars on or through the Service.
Although Ummah Stars makes reasonable efforts to provide proper care and skill in delivering its services and/or Product(s), Ummah Stars does not guarantee, warrant, or covenant that any Content you access and/or store via the services will not be accidentally lost, corrupted, or damaged. Given this reality, you agree and acknowledge that it is your sole responsibility to back up any important Content on your device(s) and/or computer(s).
Ummah Stars Content
The Service contains Content specifically provided by Ummah Stars or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Subject to these Terms, Ummah Stars grants each user a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use in connection with the Service. Any other use, reproduction, modification, distribution or storage of any Content is expressly prohibited without prior written permission from Ummah Stars, or from the copyright holder identified in such Content’s copyright notice, as applicable.
Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, “User Submissions.”
By submitting User Submissions on the Site or otherwise through the Service, you grant Ummah Stars a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Ummah Stars’ (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). For clarity, the foregoing license grant to Ummah Stars does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Ummah Stars.
You acknowledge and agree that you have all rights to grant such license to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Conduct, Content and Use Restrictions
As a condition of use, you agree not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
You are solely responsible for the Content that you post, upload, transmit, publish or display on or through the Service (hereinafter, “post”), or transmit to other users. You will not provide inaccurate, misleading or false information to Ummah Stars or to any other user. If information provided to Ummah Stars or another user subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. You will not post on the Service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Without limiting the previous sentence, you may not post any Content or use the Service in any way that:
- is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- intimidates, threatens, or otherwise harasses other users of the Service, or advocates harassment of another person;
- is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- impersonates any person or entity, including any employee or representative of Ummah Stars;
- includes anyone’s identification documents or sensitive financial information;
- imposes or may impose (as determined by Ummah Stars in its sole discretion) an unreasonable or disproportionately large load on Ummah Stars’ (or its third-party providers’) infrastructure;
interferes or attempts to interfere with the proper working of the Service or any activities conducted on the Service;
- bypasses any measures Ummah Stars may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- attempts to collect personal information about any other user of the Service or any third party without such user or third party’s informed consent;
- involves commercial activities (whether or not for profit) and/or sales without Ummah Stars’ prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- contains or transmits viruses, corrupted data or other harmful, disruptive or destructive files or code;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- infringes any third party’s intellectual property rights or privacy rights;
- otherwise takes any action in violation of these Terms or Ummah Stars’ guidelines and policies.
Ummah Stars has the right, but not the obligation, to monitor all conduct on and Content submitted to the Service.
You may not remove any watermarks, labels or other legal or proprietary notices included in any Content, and you may not attempt to modify any Content obtained through Ummah Stars, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content.
Digital Millennium Copyright Act
Ummah Stars respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the Content they upload to Ummah Stars does not infringe any third-party copyright.
Ummah Stars will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Ummah Stars may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
DMCA Takedown Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
1. Your name, address, telephone number, and email address (if any).
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where the material that you claim is infringing is located on Ummah Stars, sufficient for Ummah Stars to locate the material.
4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
5. A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner’s behalf.
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
You may submit this information via:
1. Email: support@UmmahStars.com Offline: Ummah Stars, Inc.’s Copyright Agent (see below).
If you believe that your material has been removed by mistake or misidentification, please provide Ummah Stars with a written counter-notification containing the following information:
1. Your name, address, and telephone number.
2. A description of the material that was removed and the location where it previously appeared.
3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Ummah Stars, Inc. may be found (which includes the Suffolk County Superior Court), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
5. Your electronic or physical signature.
You may submit this information via:
2. Offline: Ummah Stars, LLC’s Copyright Agent (see below).
Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.
Warning: In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
Ummah Stars LLC’s Copyright Agent
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Ummah Stars, Inc.’s Copyright Agent:
- Ummah Stars, LLC
- [Street Address]
- [City, State, Zip Code]
- Email: support@UmmahStars.com
THE SERVICE, AND THE CONTENT, MATERIAL, AND INFORMATION CONTAINED AND/OR ADVERTISED THEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SERVICE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT ON OR GOODS PURCHASED THROUGH THE SERVICE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SERVICE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THE SERVICE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.
Limitation of Liability
UMMAH STARS IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE, OR YOUR INABILITY TO USE THE SERVICE. IN NO EVENT WILL UMMAH STARS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, LICENSORS, AND/OR ASSIGNS (COLLECTIVELY THE “UMMAH STARS PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE UMMAH STARS PARTIES’ AGGREGATE LIABILITY WILL BE LIMITED TO TWO HUNDRED DOLLARS.
In some jurisdictions, it is not permitted to limit certain types of liability and therefore such limitations to the extent they exclude such liability may not apply to you. IN SUCH JURISDICTIONS, UMMAH STARS’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
As a requirement to use our services, you expressly agree to defend, indemnify, and hold Ummah Stars and its subsidiaries, affiliates, directors, officers, employees, agents, and licensors, harmless from any claim or demand thereof, including reasonable attorney’s fees, made by a third party, relating to or arising from: (a) any violation by you of this Agreement; (b) any Content in its entirety that you upload, transmit, or make available through the services; (c) your use of the services; (d) any violation that Ummah Stars determines through its reasonable investigations of a suspected violation(s) of this Agreement; or (e) your violation of another’s rights. This express waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the services.
Ummah Stars may terminate these Terms at any time without notice, discontinue or remove the Site or any portions thereof or suspend or terminate your access and use of the Site and/or the Service at any time, with or without cause, in Ummah Stars’ sole discretion. In the event of termination, the intellectual property, disclaimers, releases, arbitration agreement, class action waiver, limitations of liability provisions and any other provisions which by their nature are intended to survive set forth in these Terms will survive.
Dispute Resolution and Arbitration
This section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First
You agree that in the event of any dispute between you and Ummah Stars, you will first contact Ummah Stars and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Ummah Stars’ services and/or products, including the Service, or relating in any way to the communications between you and Ummah Stars or any other user of the Service, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Ummah Stars. However, this arbitration agreement does not (a) govern any Claim by Ummah Stars for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Service by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Ummah Stars are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Marriage Mastery International, LLC dba Ummah Stars at 12453 Timbercreek CA 90703. The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Service on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879.
The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Massachusetts law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed or used the Service on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.
If you do not want to arbitrate disputes with Ummah Stars and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@UmmahStars.com within thirty (30) days of the first of the date you access or use the Service.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Ummah Stars, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Ummah Stars is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Ummah Stars is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.
Choice of Law
These Terms, the Service, and your use hereof, are governed by the laws of California, without regard to California’s choice of law provisions, and any claim arising out of your use of the Site or Service must be brought in Los Angeles County, California. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You acknowledge and agree that your use of the services includes your ability to enter into agreements or related transactions electronically. YOUR ELECTRONIC SUBMISSSION TO UMMAH STARS ACKNOWLEDGES YOUR AGREEMENT AND INTENT TO BY BOUND BY THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY. In order to access and store your electronic transaction records with Ummah Stars, you accept full responsibility for installing required hardware and software.