Terms and Conditions

Last updated:

Table of Contents

  1. 1. Agreement to Terms
  2. 2. Intellectual Property Rights
  3. 3. User Representations
  4. 4. User Registration
  5. 5. Prohibited Activities
  6. 6. User Generated Contributions
  7. 7. Contribution License
  8. 8. Submissions
  9. 9. Site Management
  10. 10. Privacy Policy
  11. 11. Copyright Infringements
  12. 12. Term and Termination
  13. 13. Modifications and Interruptions
  14. 14. Governing Law
  15. 15. Dispute Resolution
  16. 16. Corrections
  17. 17. Disclaimer
  18. 18. Limitations of Liability
  19. 19. Indemnification
  20. 20. User Data
  21. 21. Electronic Communications, Transactions, and Signatures
  22. 22. California Users and Residents
  23. 23. Miscellaneous
  24. 24. Contact Us

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Ubicada LLC, doing business as Eggtrail (“Eggtrail,” “we,” “us,” or “our”), concerning your access to and use of the https://www.eggtrail.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in California, United States and have our registered office at 3320 Paloma St, Pasadena, CA 91107. By accessing the Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, DO NOT USE THE SITE.

Supplemental terms or documents that may be posted on the Site from time to time are incorporated by reference. We may modify these Terms at any time; updates will be reflected by the “Last updated” date above. Your continued use of the Site after any changes constitutes acceptance of the updated Terms.

The Site is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. You are responsible for compliance with local laws.

The Site is not tailored to industry-specific regulations (e.g., HIPAA, FISMA, GLBA). Do not use the Site if your interactions would be subject to such laws.

All users who are minors in their jurisdiction (generally under 18) must have a parent or guardian’s permission and direct supervision to use the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the “Content”), and the trademarks, service marks, and logos (the “Marks”) are owned or controlled by us or licensed to us and are protected by U.S. and international laws. The Content and the Marks are provided “AS IS” for your personal, non-commercial use only.

Provided that you are eligible to use the Site, we grant you a limited license to access and use the Site and to download or print portions of the Content solely for your personal, non-commercial use. All rights not expressly granted are reserved.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete, and you will maintain its accuracy.
  • You have legal capacity and agree to comply with these Terms of Use.
  • You are not a minor in your jurisdiction, or you have parental permission if you are a minor.
  • You will not access the Site through automated or non-human means.
  • You will not use the Site for any illegal or unauthorized purpose.
  • Your use of the Site will not violate any applicable law or regulation.

If any information you provide is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and are responsible for all use of your account. We may remove, reclaim, or change a username we determine to be inappropriate.

5. PROHIBITED ACTIVITIES

You may use the Site only for purposes we make available. You agree not to:

  • Systematically retrieve data or other content to create a collection, database, or directory without our written permission.
  • Trick, defraud, or mislead us or other users, including attempts to obtain passwords.
  • Circumvent or interfere with security-related features of the Site.
  • Disparage, tarnish, or otherwise harm us and/or the Site.
  • Use information obtained from the Site to harass, abuse, or harm another person.
  • Make improper use of support services or submit false reports.
  • Use the Site in violation of applicable laws or regulations.
  • Engage in unauthorized framing or linking.
  • Upload or transmit viruses, malware, excessive capitalization/spam, or any material that interferes with the Site’s operation.
  • Engage in automated use of the system (robots, scripts, data mining tools, etc.).
  • Delete copyright or proprietary notices from any Content.
  • Impersonate another user or use another user’s username.
  • Upload or transmit passive/active information collection mechanisms (e.g., web bugs, cookies, spyware) beyond standard browser use.
  • Interfere with or burden the Site or related networks/services.
  • Attempt to bypass measures designed to restrict access to the Site.
  • Copy or adapt the Site’s software.
  • Reverse engineer any software comprising the Site, except as permitted by law.
  • Use or launch any unauthorized automated system or script.
  • Use a buying/purchasing agent to make purchases on the Site.
  • Collect usernames/emails for unsolicited email; create accounts by automated means or under false pretenses.
  • Use the Site to compete with us or for any revenue-generating endeavor not authorized by us.
  • Use the Site to advertise or offer to sell goods or services without authorization.

6. USER GENERATED CONTRIBUTIONS

The Site may provide opportunities to submit content or materials (“Contributions”). Contributions may be viewable by others and treated per our Privacy Policy. You represent and warrant that your Contributions:

  • Do not infringe third-party rights (copyright, patent, trademark, trade secret, moral rights).
  • You have necessary licenses/permissions to grant the rights contemplated herein.
  • Include required consents for identifiable individuals.
  • Are not false or misleading.
  • Are not unsolicited advertising, spam, or other solicitation.
  • Are not obscene, lewd, harassing, libelous, or otherwise objectionable.
  • Do not ridicule, disparage, intimidate, or abuse anyone.
  • Are not used to harass or threaten others or promote violence.
  • Do not violate any law or third-party privacy/publicity rights.
  • Do not include content related to child exploitation.
  • Do not include offensive comments regarding protected characteristics.
  • Do not violate these Terms or applicable law.

Any violating use may result in termination or suspension of your rights to use the Site.

7. CONTRIBUTION LICENSE

You agree we may access, store, process, and use information and personal data you provide in accordance with our Privacy Policy and your choices.

By submitting feedback, you agree we may use and share it for any purpose without compensation.

We do not claim ownership of your Contributions. You retain full ownership and associated intellectual property rights. You are solely responsible for your Contributions.

8. SUBMISSIONS

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) you provide are non-confidential and become our sole property. We may use and disseminate them for any lawful purpose without acknowledgment or compensation. You waive moral rights in such Submissions and warrant you have the right to submit them.

9. SITE MANAGEMENT

We may: (1) monitor the Site for violations; (2) take legal action for violations; (3) refuse, restrict, limit, or disable any Contributions; (4) remove or disable files and content that are excessive in size or burdensome; and (5) otherwise manage the Site to protect rights and facilitate proper functioning.

10. PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy which is incorporated into these Terms. The Site is hosted in the United States. If you access the Site from other regions with different data laws, you consent to transferring and processing your data in the United States.

11. COPYRIGHT INFRINGEMENTS

We respect intellectual property rights. If you believe material on or through the Site infringes your copyright, notify us using the contact information below (“Notification”). You may be liable for damages if you materially misrepresent infringement.

12. TERM AND TERMINATION

These Terms remain in effect while you use the Site. We may deny access to the Site to any person for any reason, including for breach of these Terms or applicable law. We may terminate your use or participation, or delete your account and any content, at any time without warning at our sole discretion.

If we terminate or suspend your account, you are prohibited from registering a new account under your name, a fake or borrowed name, or the name of any third party. We may pursue civil, criminal, and injunctive redress.

13. MODIFICATIONS AND INTERRUPTIONS

We may change, modify, or remove the Site’s contents at any time without notice and without obligation to update information. We may modify or discontinue all or part of the Site without notice. We are not liable for any modification, price change, suspension, or discontinuance.

We do not guarantee the Site will be available at all times. We may experience issues or perform maintenance resulting in interruptions. We have no liability for loss/damage caused by downtime.

14. GOVERNING LAW

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

15. DISPUTE RESOLUTION

Binding Arbitration

If the Parties cannot resolve a Dispute through informal negotiations, the Dispute shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA Consumer Rules (= link_to "www.adr.org", "https://www.adr.org", target: "_blank", rel: "noopener" =). Fees will be governed by the AAA Consumer Rules; if costs are deemed excessive, we will pay all arbitration fees and expenses. Arbitration may occur in person, by documents, phone, or online. Unless required otherwise, arbitration will take place in Los Angeles, California. A court may be used to compel arbitration, stay proceedings, or confirm/vacate awards.

In no event shall any Dispute be commenced more than one (1) year after the cause of action arose.

Restrictions

Arbitration is limited to the Parties individually; no class actions or representative proceedings are permitted to the fullest extent allowed by law.

Exceptions to Arbitration

The following Disputes are not subject to arbitration: (a) enforcement/validity of intellectual property rights; (b) theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. Such Disputes shall be litigated in the state or federal courts in Los Angeles, California, and the Parties consent to jurisdiction and venue there.

16. CORRECTIONS

Information on the Site may contain errors or omissions (e.g., descriptions, pricing, availability). We reserve the right to correct or update such information at any time without prior notice.

17. DISCLAIMER

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant the accuracy or completeness of Site content or linked content and are not liable for errors, personal injury, unauthorized access, interruptions, malware transmission, or losses resulting from Site use. We do not endorse third-party products or services advertised through the Site.

18. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE, REGARDLESS OF FORM OF ACTION, IS LIMITED TO $300.00 USD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS; SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Eggtrail, its subsidiaries, affiliates, officers, agents, partners, and employees from any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms; (3) breach of your representations/warranties; (4) violation of a third party’s rights; or (5) any harmful act toward another user with whom you connected via the Site. We may assume exclusive defense and control at your expense.

20. USER DATA

We maintain certain data you transmit to manage Site performance and usage. Although we perform routine backups, you are solely responsible for all data you transmit or that relates to your Site activity. We have no liability for any loss or corruption of such data.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, emailing us, and completing online forms constitute electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, and records provided electronically satisfy any legal requirement for written communications. YOU AGREE TO ELECTRONIC SIGNATURES/RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS.

22. CALIFORNIA USERS AND RESIDENTS

If a complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210 / (916) 445-1254.

23. MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement between you and us. Our failure to enforce any right or provision is not a waiver. We may assign our rights and obligations at any time. We are not liable for delays caused by events beyond our reasonable control. If any provision is unlawful or unenforceable, that provision is severable and does not affect the remaining provisions. No joint venture, partnership, employment, or agency relationship is created by these Terms. You waive any defenses based on the electronic form of these Terms and lack of signing by the parties.

24. CONTACT US

In order to resolve a complaint or to receive further information regarding the Site, please contact:

Ubicada LLC (d/b/a Eggtrail)
3320 Paloma St
Pasadena, CA 91107
support@eggtrail.com