Terms of Service

All information that we collect through the Services is subject to our Privacy Policy, found at https://unqork.com/privacy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. If you live outside the United States, by agreeing to these Terms of Service you acknowledge, understand and unambiguously consent to the transfer and processing of your personal data in the United States and other jurisdictions in accordance with the Privacy Policy and U.S. and other applicable law.

We control and operate our Services from the United States, and all information is processed within the United States. We do not represent that materials on the Services are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. It is possible that some software that may be downloaded from the Services is subject to government export control or other restrictions. By visiting and using our Services, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.

The Services may contain links to other sites and resources provided by third parties, including social media widgets. Such links are provided for your reference and convenience only. 

Unqork’s inclusion of links to a third-party site does not imply any endorsement of the material on such site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Unqork’s inclusion of the links imply that Unqork is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked site. 

Unqork is not liable for the availability or accuracy of such third-party sources, and you assume all risk in using them. When you access these third-party sites or services, these third parties may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal data that you submit to them. We encourage you to read their terms and conditions of use and privacy policies before accessing such sites and submitting your personal information.

When you access third party websites or interact or communicate with third parties through the Services, you do so at your own risk and subject to the terms and conditions of use and privacy policies for such websites or third parties. Unqork is not responsible for the actions, content, information, data, practices, policies, or opinions of any third parties. You are solely responsible for your interactions with third parties and you should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.

If you have a dispute with one or more third-party websites or third parties, you hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which says: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

Your use of the Services shall be conclusive evidence of your acceptance our Terms of Service.  By using the Services, you represent and warrant that all of the information that you submit to the Services is correct, current, and complete. 

You may be required to create an account and specify a password in order to access or use certain Services. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. If you create an account, you represent and warrant that (i) you have created an account for yourself and have not misrepresented your identity or created a false identity; and (ii) that you have not registered for any illegal purpose, to facilitate any illegal topic, or otherwise for the purpose of providing any illegal information. If your information changes at any time, please update your account to reflect those changes. If you believe that your identity or someone else’s identity has been misrepresented, please contact us immediately at security@unqork.com. You may also report other users who you believe to be in breach of this paragraph.

In some cases, an account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, such as for the purpose of using our Platform, additional terms and conditions may apply to your use of the Services (e.g., terms and conditions imposed by your employer, or included in a SaaS Agreement by and between Unqork and your employer, as defined below). Moreover, your administrator may be able to access or disable your account without our involvement.

If you register and/or set up an account on the Services, you will be solely responsible for maintaining the confidentiality of your registration information. You may not authorize others to use the Services, and you are responsible for all use by you and those you allow to use the Services. You may not sub-license, transfer, sell or assign your registration information and/or this agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of these Terms of Service. You are solely responsible for all usage or activity on your registered account including, but not limited to, use of the account by any person who uses your registration information with or without authorization. You agree to notify us immediately of any unauthorized access to your account or any other breach of security. We have the right to disable any username, password, or other access credentials and authorizations to use the Services at any time in our sole discretion if, in our opinion you have violated the Terms of Service. 

We are constantly changing and improving our Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend, stop, or delete an account or may suspend or stop the Services altogether, including, for example, if you do not comply with these Terms of Service or if we are investigating suspected misconduct or breach of any applicable laws. You can stop using our Services at any time. We may also stop providing Services to you, add or create new limits to our Services, or restrict your access to all or a part of the Services at any time and for any reason without notice or liability. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. The right to access and use the Services is revoked in jurisdictions where it may be prohibited, if any.

By using the Services, you acknowledge and agree that you assume all liability for all content and other data that you submit through the Services, as well as the accuracy and appropriateness of such data and content. Furthermore, you acknowledge and agree that Unqork in no way represents or warrants that (i) the Services will produce any guaranteed or specific results or that such results will meet your expectations or (ii) Unqork independently verifies the accuracy of information provided by you.

If you have a dispute with a party that entered information at your direction, you hereby release Unqork (and our officers, directors, agents, subsidiaries, joint ventures, employees, successors and assigns) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

You understand that Unqork provides the Services over the Internet and that such connections can be unpredictable, insecure, and unstable, such that Unqork cannot guarantee uninterrupted access to the Services. Unqork disclaims all liability in connection with any interruptions to Service access, security incidents or breaches arising from or attributable to an Internet and/or data connection. You agree to waive any and all claims against Unqork in connection therewith.

We do not represent or warrant that the Services are compatible with all devices and operating systems, and it is your sole responsibility to determine whether the Services are compatible with your devices. We may from time to time make updates to the Services. Such updates may require your acceptance of new Terms of Service before you may continue to use the Services.

To the extent you access the Services through a mobile device, you acknowledge and agree that your wireless service carrier’s standard charges, data rates and other fees may apply, and that all such charges and fees will be your sole responsibility. By using the Services on your mobile device, you agree that we may communicate with you regarding Unqork and the Services by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us.

If you submit your mobile phone number to the Services you agree to receive recurring messages with information, alerts, and offers from Unqork. Messages may be sent in SMS or MMS format, may include marketing content, and may be sent via automatic telephone dialing system to the mobile number used at opt-in. You may need to confirm your consent, such as by replying Y to an initial text message sent to you. Your consent is not required and is not a condition of any purchase. You must be the mobile account holder and be at least 18 years of age to participate. Message and data rates may apply. Text HELP for help. Text STOP to stop. If you text stop, you may receive a final message confirming your decision to opt-out.

When you access the Services you obtain access to various kinds of information and materials, all of which we call “Content.” You agree not to revise Content posted by us or others, and you represent and warrant that you will not upload, post, publish, e-mail, transmit or otherwise make Content available on the Services in any manner that:

• Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
• Violates the applicable privacy, publicity, or other rights of third parties or any other applicable law, statute, ordinance or regulation;
• Is false or inaccurate or becomes false or inaccurate at any time;
• Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
• Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
• Misrepresents your identity in any way;
• Contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Advocates or encourages any illegal activity; 
• Contains unsolicited promotional content, advertising, political campaigns, contests, raffles, or solicitations; or
• Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other service providers or suppliers.

You access the Services at your own risk. We may, but are not obligated to, remove Content from the Services for any reason, including if we determine or suspect that such Content violates these Terms of Service. To the extent permitted by law, we take no responsibility for your exposure to Content through the Services, whether or not it violates our Content policies. We have the right to (i) take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for Unqork and (ii) disclose your identity or other information about you to any third party who claims that Your Content (as defined below) violates their rights, including their intellectual property rights or their right to privacy.

When you or any party acting on your behalf uploads, posts, e-mails, transmits or otherwise makes Content available on the Services or communicates to us through any other method (including any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Services (“Ideas and Feedback”)) (collectively “Your Content”), you grant Unqork a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, create derivative works from, publicly display, derive revenue or other remuneration from, and communicate to the public Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services (e.g., posts in the various Unqork communities and ratings and reviews submitted to the Unqork Marketplace). You warrant that the holder of any intellectual property right, including moral rights, in Your Content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. 

You further agree we may use Your Content to modify our Services or create new services and products and that you will not be due any compensation, including any royalty related to any Service or other service or product of ours that incorporates Your Content, including any Ideas and Feedback. 

You understand and acknowledge that you, not Unqork, are solely and fully responsible for Your Content, including its legality, reliability, accuracy, and appropriateness. Unqork is not responsible or liable to you or any third party for the content or accuracy of any of Your Content or the Content submitted by any other user of the Services. You acknowledge that all Content accessed by you using the Services is at your and your customers’ own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

You may use the Services only for lawful purposes and in accordance with these Terms of Service. Without limiting the generality of the foregoing, you agree to use the Services in accordance with the provisions below:  

• You will only use the Services in accordance with the laws of your jurisdiction.
• You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction, including, without limitation, any laws regarding the export of data or software to and from the United States or other countries.
• You will not violate the rights of any other party.
• You will not engage in any conduct that restricts anyone’s use or enjoyment of the Services or may harm Unqork or our users or expose them to liability.
• You will not impersonate or attempt to impersonate someone else or misrepresent your affiliation with someone else, including, but not limited to, Unqork, an Unqork employee, another user, or any other person or entity.
• You will register for the Services using accurate and current information.
• You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.
• You will independently verify the quality, relevance or accuracy of any information posted on the Services by others who post such information at your direction.
• You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms of Service.
• You will not use contact information received through the Services for phishing, spamming and other unsolicited communications or data collection.
• You will not use the Services in a manner that could damage, disable, overburden, or impair the Services or to disrupt or interfere with another’s use of the Services, nor use any device or software that interferes with the proper working of the Services.
• You will not attempt to hack or otherwise gain unauthorized access to the Services or user accounts, attack the website via a denial-of-service attack or distributed denial-of-service attack.
• You will not use high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts), nor attempt to gain any unauthorized access to the server on which the Services are stored, or any server, computer, or database connected to the Services.
• You will not affect the display of the Services through use of framing, pop-ups or third-party ads.
• You will not transmit viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information to or through the Services.
• You will not threaten, dox, or otherwise harass users.  
• You will not act in a manner that violates these Terms of Service.
• You will notify us immediately of any Content that violates these Terms of Service.

We have the right to: (i) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (ii) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.

YOU WAIVE AND HOLD HARMLESS UNQORK AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

The Services and all past, present and future content and functionality of the Services, including all software, hardware and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations, video, audio, and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, slogans, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Unqork, are (i) owned by Unqork, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the limited business purposes permitted by Unqork under these Terms of Service and, if applicable, under any SaaS Agreement (as defined below), and (iv) may only be used in accordance with these Terms of Service.

If you download or access software through the Services (such as installing components or snippets), such software is the copyrighted work of Unqork or its licensors. Use of such software, and all use of our Platform, is also subject to the terms of a separate Master Services Agreement, Software as a Service Agreement or similar agreement between you or another person (e.g., your employer) and Unqork, whereunder you are granted rights to use the Services in exchange for a fee and in respect of which you received a username and password to access the Services (such agreement a “SaaS Agreement“). You should familiarize yourself with the terms of any SaaS Agreement applicable to your use of the Services. These Terms of Service supplement any terms of use in our SaaS Agreements, and in the event of any conflict between the terms of use in such SaaS Agreements and these Terms of Service, the terms of use provided in the applicable SaaS Agreement will control.

Using our Services does not give you ownership of any intellectual property rights in the Services or any Content. You may not use Content unless you obtain permission from Unqork. Except as expressly provided herein these Terms of Service do not grant you the right to use any of Unqork’s technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with the Services.No right, title or interest in or to the Services or any Content is transferred to you, and all rights not expressly granted are reserved by Unqork. Any use of the Services not expressly permitted by these Terms of Service or any applicable SaaS Agreement is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Unqork respects the intellectual property of others. If you believe that your copyrighted work has been unlawfully copied and is accessible on the Services in a way that constitutes copyright infringement, please send a notice of copyright infringement to:

Unqork Inc.

Attn: Legal – Copyright Agent
85 Fifth Avenue, 6th Floor

New York, NY 10003
(844) 486-7675
legal-contracts@unqork.com

The notice should include:

• Your full name and electronic or physical signature.
• Your mailing address, phone number and email address (at which you can be contacted by us or the alleged infringer).
• A statement by you under penalty of perjury that you are the owner, or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.
• A statement that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright owner, its agent or by law, such as fair use.
• A description of the copyrighted work(s) that you claim has been infringed.
• A description of the location of the copyrighted materials on the Services.

You agree to receive legal notices and other information concerning Unqork or the Services electronically, including notice to any email address that you may provide.

These Terms of Service will remain in effect until terminated by you or Unqork. We reserve the right to terminate or change the Services or your access to the Services, without notice, at any time and for any reason or no reason, including your violation of these Terms of Service or any SaaS Agreement. The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions survive any termination.

You agree that Unqork may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Services. Unqork has no obligation to maintain, store, or transfer your information or data that you have uploaded to the Services.

THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UNQORK NOR ANY PERSON ASSOCIATED WITH UNQORK MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER UNQORK NOR ANYONE ASSOCIATED WITH UNQORK REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

UNQORK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You may not assert claims for money damages arising from the Services or any associated content against Unqork, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents. Unqork, its affiliates, licensors and service providers, and its and their respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract or otherwise, even if Unqork knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Services or any associated content on the Services, (ii) any interaction with any third party through or in connection with the Services, (iii) any information offered or provided within or through the Services, or (iii) any other matter relating to the Services. In no event shall Unqork, its affiliates, licensors or service providers, or its respective employees, contractors, officers, directors and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

You are solely legally liable if your use or misuse of the Services or any associated content causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless Unqork, its affiliates, customers, partners, licensors and service providers, and its and their respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgments, awards, losses, costs, expenses, fines or fees (including attorney’s fees and investigation costs), that arise from or relate to your use or misuse of the Services, violation of these Terms of Service, or violation of a third party’s rights. Unqork reserves the right, at Unqork’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Unqork in asserting any available defenses.

Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

You agree that the laws of the State of New York, consistent with the Federal Arbitration Act, and U.S. federal law govern these Terms of Service, your use of the Services, and any claim or dispute that you may have against Unqork, without regard to New York’s conflict of laws rules. You consent to the personal and exclusive jurisdiction of the federal district court or any state court of the State of New York located in New York County. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.  

In the rare event you have a dispute with Unqork, we encourage you to contact us immediately so we can work together toward a satisfactory resolution.  If we cannot come to a resolution, you agree that any claims, disputes, demands, counts, controversies, or causes of action between you and Unqork arising out of or relating to these Terms of Service, the Services, including the enforceability of these Terms of Service or our Privacy Policy or information practices will be finally and exclusively resolved by binding arbitration on an individual basis only (except as stated below). The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

You understand that you are waiving your right to have your claims heard in court by a judge or jury. An arbitration award is as enforceable as a court order and is subject to only limited review by a judge. You also understand and agree that this arbitration provision prevents you from participating as a plaintiff or as a class member in any purported class action or representative proceeding.

Arbitration will be subject to the Federal Arbitration Act and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties.  You can find out more AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879. 

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Unqork will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Unqork for all fees associated with the arbitration paid by Unqork on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required.  Except as otherwise provided in these Terms of Service, you and Unqork may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Unqork shall be exclusively brought in the federal district court or any state court of the State of New York located in New York County.

Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.

These Terms of Service, the Privacy Policy, any Services Subscription Agreement and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and Unqork. If any part of the Terms of Service and/or Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

You may not assign these Terms of Service without Unqork’s prior written approval. Unqork may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Unqork’s business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Unqork as a result of these Terms of Service or your use of the Services. Our failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Unqork in writing.