Terms of Website Use

Effective as of June, 2020

Our goal is to make this process as quick and painless as possible. Please take the time to read our terms and conditions and policies.

In these Terms of Website Use (the "Terms"), the words "You" and "Your" mean the visitor. The words “Uncle Warbucks,” "We", "Us", and "Our", mean Uncle Warbucks, LLC. These Terms constitute an agreement between Uncle Warbucks and You, governing your access and use of this website, www.unclewarbucks.com. Uncle Warbucks is a Mohawk Territory of Kahnawake company regulated by Mohawk Territory of Kahnawake law. Uncle Warbucks operates in accordance with Tribal and US Federal law.

Acceptance of these Terms of Use
PLEASE CAREFULLY REVIEW THESE TERMS BEFORE USING THIS WEBSITE (the "Site"). WHEN YOU ACCESS OR USE THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN UNCLE WARBUCKS PRIVACY POLICY. UNCLE WARBUCKS REQUIRES THAT ALL VISITORS TO OUR SITE ADHERE TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY CEASE USING THE SITE.

Modification and Changes to the Terms of Use
Uncle Warbucks reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms, at any time. It is Your sole responsibility to check the Terms periodically for any changes. Your continued use of the Site following the posting of changes will constitute Your agreement with and acceptance of the changes.

You agree to use this Site for lawful purposes only. You are prohibited from using this Site or its content in a manner that would violate any applicable Tribal, federal, state, or local law, regulation, rule or ordinance or that could give rise to any civil or criminal liability.

Information Provided on the Site
The contents of this Site, including its look and feel (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material may be protected under United States copyright, trademark and other intellectual property laws. The contents of the Site belong or are licensed to Uncle Warbucks or its software or content suppliers. Uncle Warbucks grants You the right to view and use the Site subject to the Terms. You may download or print a copy of information provided on the Site for Your personal, non-commercial use only. Any distribution, reprint or electronic reproduction of any content from this Site, in whole or in part, for any other purpose, is expressly prohibited without Our prior written consent. Uncle Warbucks neither represents nor warrants that Your use of materials displayed on the Site will not infringe rights of third parties. While Uncle Warbucks uses reasonable efforts to include accurate and up-to-date information on the Site, We make no warranties or representations as to the Site's accuracy.

You understand that by posting materials on the Site or otherwise providing materials to Uncle Warbucks, You are granting to Uncle Warbucks a royalty-free, perpetual, irrevocable license to use this information in the course of offering our services. Furthermore, You understand that Uncle Warbucks retains the right to reformat, excerpt or translate any materials submitted by You. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from whom such content originated, and that Uncle Warbucks will not be liable for any errors or omissions in any content.

Site Security
As a condition of Your use of this Site, You agree that You will not take any action intended to: (i) access data that is not intended for You; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Uncle Warbucks customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the Uncle Warbucks network or breach security or authentication measures without proper written authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business. Violations of system or network security may result in civil or criminal liability.

While Uncle Warbucks uses reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. Uncle Warbucks assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Site.

Website Privacy
It is the policy of Uncle Warbucks to respect the privacy of its users. Please see the terms of our Privacy Policy and Privacy Notice for more information.

Disclaimers of Warranties
THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY. ADDITIONALLY, UNCLE WARBUCKS DOES NOT WARRANT THAT THE SITE IS FREE FROM HARMFUL VIRUSES.

UNCLE WARBUCKS MAY AMEND OR MODIFY THE CONTENT OF THIS SITE WITHOUT NOTICE TO YOU OR ANY LIABILITY TO YOU. YOU USE THIS SITE AT YOUR OWN RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

Limitations of Liabilities
UNDER NO CIRCUMSTANCES WILL UNCLE WARBUCKS, ITS MEMBERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF UNCLE WARBUCKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, ANY LINKED SITE, OR RESULTING FROM A DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, UNCLE WARBUCKS' SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS SITE OR ITS CONTENT.

Indemnity
By using the Site, You agree to defend, indemnify, and hold harmless Uncle Warbucks, its members, affiliates, directors, officers, employees, agents, contractors, successors and assigns (“Uncle Warbucks Indemnified Parties”) from and against any and all losses, claims, damages, costs and expenses (including but not limited to reasonable legal and accounting fees) that Uncle Warbucks Indemnified Parties may incur arising or resulting from Your use of this Site, the content of the Site, or Your breach of these Terms. Uncle Warbucks Indemnified Parties reserve the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.

Sovereign Lender
This Site is made available to You by Uncle Warbucks at its office on Tribal land. Because Uncle Warbucks is a Tribal entity, You may be limited in what claims, if any, You may be able to assert against Us. To encourage resolution of consumer complaints as well as provide an authorized method of dispute resolution for consumers, all complaints lodged, filed, or otherwise submitted by You or on Your behalf must follow the Dispute Resolution Procedure, as described therein, http://fnla.ca/dispute-resolution-policy/.

Preservation of Sovereign Immunity
It is the express intention of the Uncle Warbucks, to fully preserve, and not waive either in whole or in part, exclusive jurisdiction, sovereign immunity, and any other rights, titles, privileges, and immunities, to which they are entitled. To protect and preserve the rights of the parties, no person may assume a waiver of immunity exists except by express written resolution of the Tribe's Tribal Council specifically authorizing such a waiver.

Minors
This Site is not directed at children under the age of thirteen (13) or anyone under the age of eighteen (18) and Uncle Warbucks does not knowingly collect personal information at this Site from anyone under the age of eighteen (18). By using this Site, You represent and warrant to Uncle Warbucks that You are at least 18 years of age.

Content Submitted or Made Available for Inclusion at the Site
Uncle Warbucks's policy is to not accept or review unsolicited ideas or suggestions from persons outside Uncle Warbucks. Notwithstanding such policy, any ideas, suggestions, know-how, comments, questions or concepts that are offered or communicated to Uncle Warbucks through this Site or otherwise shall become the exclusive property of Uncle Warbucks, including any related intellectual property rights, and may be treated by Uncle Warbucks as non-confidential and non-proprietary. Uncle Warbucks shall have the unrestricted right to use and disclose such ideas, suggestions, know-how, comments, questions or concepts etc. for any purpose without compensation or obligation to any party.

Conduct of Site Visitors
Although Uncle Warbucks may from time to time monitor, review or remove postings, transmissions, and the like on the Site (collectively, "Communication(s)"), Uncle Warbucks is under no obligation to do so and assumes no responsibility or liability arising from the content of any Communications, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any Communication on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, rule or ordinance. Uncle Warbucks retains the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing Uncle Warbucks to disclose the identity of anyone posting any such information or materials.

Notices
Uncle Warbucks may give notice to its users by means of a general notice on this Site, email to a user's email address in our records, or by written communication sent by first class mail to a user's address in our records. In order to receive electronic communications, you will need a working connection to the Internet. Your browser must support the Secure Sockets Layer (SSL) protocol and (at least) 128 bit encryption. SSL provides a secure channel to send and receive data over the Internet through HS encryption capabilities. Microsoft Internet Explorer 10 or above, the most current version of Google Chrome, or equivalent software support this feature. You will also need a printer connected to your computer to print disclosures/notices. We do not provide ISP services. You must have your own Internet Service Provider.

International Use
None of the products or underlying information or technology available at this Site may be downloaded or otherwise exported (i) to (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading from, or using the Site, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify Uncle Warbucks against any all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by You of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.

Miscellaneous
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms shall not be deemed unlawful, void or unenforceable, but only that portion that is unlawful, void or unenforceable shall be stricken from these Terms. You agree that if Uncle Warbucks does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Uncle Warbucks has the benefit of under any applicable law), this will not be taken to be a formal waiver of Uncle Warbucks' rights and that those rights or remedies will still be available to Uncle Warbucks. All covenants, agreements, representations and warranties made in these Terms shall survive Your acceptance of the Terms and the termination of the agreement(s) contained herein. These Terms represent the entire understanding and agreement between You and Uncle Warbucks regarding Your use of the Site and supersede all other previous agreements regarding same.

Contact
If You have any questions or concerns regarding this Site, please contact Us by email at support customerservice@unclewarbucks.com or by phone at +1 (855)-885-4027.

June, 2020