Terms of Use

Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and UNEXPECTED404, LLC(“we,” “us,” or “our”), concerning your access to and use of the unexpected404.comwebsite as well as any other media form, media channel, mobile website, or related, linked, or otherwise connected site (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you to changes by updating the “Last Updated” date, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions.

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

User Representations

By using the Site, you represent and warrant that:

1. all registration information you submit will be true, accurate, current, and complete;
2. you will maintain the accuracy of such information and promptly update it as necessary;
3. you have the legal capacity and you agree to comply with these Terms and Conditions;
4. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
5. you will not access the Site through automated or non-human means;
6. you will not use the Site for any illegal or unauthorized purpose;
7. your use of the Site will not violate any applicable law or regulation.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:

• systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content;
• engage in unauthorized framing of or linking to the Site;
• use the Site to advertise or offer to sell goods and services without our prior written approval;
• interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
• attempt to impersonate another user or use the username of another user;
• decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up a part of the Site;
• upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site;
• use the Site in a manner inconsistent with any applicable laws or regulations;
• harass, annoy, intimidate, or threaten any of our employees or agents.

User Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Third-Party Websites and Content

The Site may contain links to other websites and third-party content. Such third-party websites and content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third-party websites accessed through the Site or any third-party content. Any dealings or transactions you have with third parties are solely between you and the applicable third party.

Site Management

We reserve the right, but not the obligation, to:

1. monitor the Site for violations of these Terms and Conditions;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including reporting such user to law enforcement authorities;
3. refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof;
4. remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
5. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. The Site is hosted in the United States. If you access the Site from outside the United States and through your continued use of the Site, you are transferring your data to the United States and consent to have your data processed there.

Term and Termination

These Terms and Conditions shall remain in full force and effect while you use the Site. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We cannot guarantee the Site will be available at all times and will not be liable for any modification, suspension, or discontinuance of the Site.

Governing Law

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Minnesota, applicable to agreements made and to be entirely performed within such State, without regard to its conflict of law principles.

Dispute Resolution

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute”) brought by either you or us, the parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration.

Binding Arbitration

If the parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration will take place in Minnesota. If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Minnesota.

Restrictions

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding; there is no right or authority for any Dispute to be arbitrated on a class-action basis; and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Disclaimer

The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; or (4) your violation of the rights of a third party.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

Miscellaneous

These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement between you and us. If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site.

Contact Us

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

UNEXPECTED404, LLC
8918 Ashley Ter, Brooklyn Park, MN 55443, USA
hello@unexpected404.com
+1 (320) 429-5210