DEFINITIONS

• Parties "You" and "your" refer to the user of the Service. "We," "us," and "our" refer to United Tribes and its subsidiaries.

• Content "Content" includes text, images, photos, audio, video, and all other forms of data or communication. "Your Content" is what you submit or transmit to the Service, such as ratings, reviews, photos, videos, compliments, and more. "User Content" is what users submit or transmit, while "United Tribes Content" is what we create. "Third Party Content" comes from parties other than United Tribes or its users, and "Service Content" encompasses all content made available through the Service.

• Sites and Accounts "Consumer Site" refers to United Tribes' consumer website, while "Consumer Account" is for personal, non-commercial use. "Business Account" is for business owners. "Account" includes Consumer and Business Accounts.

CHANGES TO THE TERMS

• We may modify the Terms periodically. The current version is available at UnitedTribes.com. Your access to or use of the Service is governed by the Terms effective at that time. Material changes will be updated. Revisit these Terms regularly, as revised versions are binding.

TRANSLATION

• While we may translate these Terms for convenience, the English version governs. Any inconsistencies among versions will favor the English version.

USING THE SERVICE

• Eligibility. To use the Service, you must have the power and authority to enter into these Terms. Do not access or use the Service if you are a United Tribes competitor or if we've banned you before.

• Permission to Use the Service. We grant permission subject to these Terms. Your use is at your risk, including exposure to offensive or inappropriate Content.

• Service Availability. The Service may be modified, interrupted, or discontinued at any time without notice or liability

• Accounts. You must create an Account for certain features. Maintain your Account's confidentiality, and notify us of any unauthorized use. We may close your Account at any time.

• Communications from United Tribes and Others. By using the Service, you consent to receive communications through various means. Opt-out options are available by notifying us via email at info@UnitedTribes.com

CONTENT

• Responsibility for Your Content. You are solely responsible for Your Content, which, once posted, may not be withdrawn. Assume all risks associated with it. Ensure you have the necessary permissions to use Your Content.

• Our Right to Use Your Content. We may use Your Content in various ways, including display, promotion, and creating derivative works. You grant us worldwide, perpetual, non-exclusive rights to use Your Content.

• Ownership. You own Your Content; we own United Tribes Content. You may not exploit United Tribes Content without our express authorization

• Advertising. Advertisements may be displayed near Your Content. You are not entitled to compensation for such ads.

• Other. We reserve the right to remove User Content at our discretion and do not guarantee confidentiality. Verified License status indicates a business's verified licenses

BOOKING AND TRANSACTING

• Generally. Access features to book or transact with local businesses. Terms for such transactions may differ.

• Payments and Cancellations. You may be required to provide your credit card information to confirm a booking, and will be charged any applicable fees, including cancellation or no-show fees in accordance with the transacting local business’s cancellation policy provided at the time of booking. You agree that United Tribes may facilitate any such payments and charges on behalf of the transacting local business.

• Coupons. Issued coupons are non-transferable, not redeemable for cash, and expire after 30 days, unless otherwise specified

REPRESENTATIONS AND WARRANTIES

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

• You represent and warrant that:

• You have read and understood our Content Guidelines;

• You have read and understood our Privacy Policy. If you use the Service outside of the United States of America, you consent to having your personal data transferred to and processed in the United States of America; and

• Prior to attending any event listed on the Service, you have read and agree to our Event Terms and Conditions.

• You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:

• Violate our Terms, including the Content Guidelines and Event Terms and Conditions;

• PViolate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

• Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

• Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account in accordance with the Business Terms;

• Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results, review Recommendation Software (as defined in the Business Terms below), or any third party website;

• Solicit personal information from minors, or submit or transmit pornography;

• Violate any applicable law;

• Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by United Tribes;

• Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by United Tribes;

• Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days prior written notice;

• Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;

• Record, process, or mine information about users;

• Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;

• Reformat or frame any portion of the Service;

• Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on United Tribes' technology infrastructure or otherwise make excessive traffic demands of the Service;

• Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;

• Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;

• Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;

• Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or

• Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.

ADDITIONAL POLICIES AND TERMS

• Copyright and Trademark Disputes. Follow our Infringement Policy for disputes concerning User Content.

• Additional Terms. Your use of the Service is subject to Additional Terms, including the Business Terms if you have a Business Account.

SUGGESTIONS AND IMPROVEMENTS

• By sending Feedback, you agree to certain conditions, including granting us a license to use, modify, and distribute the Feedback.

THIRD PARTY CONTENT AND SERVICES

• The Service may include Third Party Content or links to Third Party Services. We do not control or endorse them, and your use is at your own risk. Familiarize yourself with applicable third party terms.

INDEMNIFICATION

• You commit to indemnifying, defending, and safeguarding United Tribes, its parent, subsidiaries, affiliates, related companies, suppliers, licensors, partners, and the officers, directors, employees, agents, contractors, and representatives of each of them (collectively referred to as the “United Tribes Entities”) against any third-party claims, actions, demands, losses, damages, costs, liabilities, and expenses (including attorneys’ fees and court costs) arising from or related to: (i) your utilization of or interaction with the Service, including Your Content; (ii) your violation of the Terms; (iii) your breach of the representations and warranties provided under these Terms; (iv) any products or services obtained by you in connection with the Service; (v) your products or services, or the marketing or provision thereof to end users; or (vi) the infringement by you or any third party using your Account of any intellectual property or other right of any person or entity. United Tribes reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate with our defense of these claims. You also agree not to settle any such matter without the prior written consent of United Tribes. United Tribes will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

• Please carefully review this section as it restricts the liability of the United Tribes Entities to you. Each subsection below applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. By accessing or using the Service, you affirm that you have read, understood, and agreed to these Terms, including this section. You are relinquishing substantial legal rights by agreeing to these Terms.

• The Service and Service Content are provided to you on an "as is," "with all faults," and "as available" basis, with the explicit understanding that the United Tribes Entities may not monitor, control, or vet User Content or Third Party Content. Consequently, your use of the Service is at your own discretion and risk. The United Tribes Entities make no claims or promises regarding the quality, completeness, accuracy, or reliability of the Service, its safety or security (including the security of your data), or the Service Content. Therefore, the United Tribes Entities are not liable to you for any personal injury, loss, or damage that may arise, for instance, from the Service's inoperability, depletion of battery power, or other impairment of devices used to access the Service, service unavailability, security vulnerabilities, or your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content or omission of content, order, and display), metrics, or other content found on, used on, or made available through the Service.
• The United Tribes Entities make no claims or promises concerning any third party, such as the businesses or advertisers listed on the Service or offering goods or services through the Service, or the Service's users. Therefore, the United Tribes Entities are not liable to you for any personal injury, loss, or damage that might arise from any such third party's actions or omissions, including, for example, if another user or business misuses your content, identity, or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the Service. Your purchase and use of products or services offered by third parties through the Service is at your own discretion and risk.
• Your exclusive right and remedy in case of dissatisfaction with the Service, related services, or any other grievance shall be your termination and discontinuation of access to or use of the Service.
• The United Tribes Entities' maximum aggregate liability to you for losses or damages that you suffer in connection with the Service or these Terms is limited to the greater of (i) the amount paid, if any, by you to the United Tribes Entities in connection with the Service in the 12 months prior to the action giving rise to liability, or (ii) $100.
• The United Tribes Entities' liability is limited to the maximum extent permitted by law, and they will not be liable for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages; (ii) loss of profits or revenue; (iii) business interruption; (iv) reputational harm; (v) loss of information or data; or (vi) liability with respect to a consumer alert posted on any United Tribes business pages for your business. The waivers and limitations specified in this section 12 will survive and apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

ARBITRATION, DISPUTES, AND CHOICE OF LAW

• If you are a resident of the United States or Canada:

• EXCEPT FOR EXCLUDED CLAIMS: ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF, OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND UNITED TRIBES ("CLAIMS") MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS. YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND UNITED TRIBES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND UNITED TRIBES EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY.

• "Excluded Claims" means: (a) Claims brought by you or UNITED TRIBES that could be brought in small claims court, if permitted by the rules of that court, or (b) Claims related to intellectual property (like copyrights and trademarks), violations of UNITED TRIBES API Terms of Use (which are governed by those terms), or a breach of Section 7 above (Representations and Warranties). Excluded Claims may be brought in court. Any issues relating to the scope and enforceability of the arbitration provision will be resolved by the arbitrator. If any Claim cannot be arbitrated in accordance with this provision, then only that Claim may be brought in court, and all other Claims remain subject to arbitration. Notwithstanding this paragraph, Business Claims, as defined in Section 3 of the Additional Terms for Business Accounts, are governed by that section.

• Arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. For more information, visit www.adr.org Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

• If you are a resident of a country located in the EEA or Switzerland, Irish law will govern these Terms, as well as any dispute that might arise between you and United Tribes.

You agree that any subpoena, third-party discovery request, or other third-party process directed to United Tribes must issue from, or be domesticated by, the state or federal courts located within the headquarter state, and you agree to submit to the jurisdiction of each of these courts for any related proceedings.

TERMINATION

• You retain the right to terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing United Tribes with a notice of termination.

• We reserve the right to close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you from the Service for any or no reason, without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.

• In the event of any termination of these Terms, whether by you or us, Sections 1, 3, 5, 7–15 of the Terms of Service will continue in full force and effect.

GENERAL TERMS

• We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.

• Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

• The Terms constitute the entire agreement between you and us regarding the use of the Service, superseding any prior agreement on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

• Any failure on United Tribes' part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by United Tribes.

• If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

• The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with United Tribes' prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

• You agree that no joint venture, partnership, employment, agency, special, or fiduciary relationship exists between you and United Tribes as a result of these Terms or your use of the Service.

Additional Terms for Business Accounts

• Last Modified on December 1, 2022.

  The subsequent terms ("Business Terms"), alongside the Terms of Service mentioned above, control your utilization of and interaction with your Business Account. In cases of conflict between these Business Terms and the Terms of Service, the Business Terms take precedence. If you've procured products or services from United Tribes on behalf of your business (e.g., advertising or business tools), the terms of that purchase hold sway in case of any inconsistency with these Business Terms. Capitalized terms not defined in these Business Terms retain the meanings detailed in the Terms of Service. By creating, accessing, or using your Business Account, you are endorsing these Business Terms and formalizing a legally binding contract with United Tribes. You lack the authorization to establish, access, or use a Business Account if you disagree with these Business Terms.

  PLEASE READ THESE BUSINESS TERMS THOUGHTFULLY, AS THEY MANDATE ARBITRATION ON AN INDIVIDUAL BASIS TO SETTLE DISPUTES INSTEAD OF TRIALS OR CLASS ACTIONS AND LIMIT THE AVAILABLE REMEDIES IN CASE OF A DISPUTE. In the event of termination of these Business Terms, whether initiated by you or us, these Business Terms remain in full force and effect.

REQUIREMENTS, REPRESENTATIONS, AND WARRANTIES

• To access or use the Services, you affirm that:

• You possess the authority to act on behalf of the business(es) linked to or asserted through your Business Account and can legally bind such business (including any corresponding business entity) to the Business Terms (referred to as your "Business").

• Your access to or use of the Business Site is solely in your capacity as an authorized representative of your Business.

• You will not employ the Consumer Site for business activities, such as flagging reviews or contacting individuals who have reviewed your Business.

• Your Business complies with relevant laws and does not promote, advertise, sell, or lease illegal products and/or services.

• You grant United Tribes a non-transferable, non-exclusive, royalty-free limited license to showcase your public website on the Services or allow for its display through iframes or other framing technology.

• We may contact you, including by phone or email, using the contact information you provide us or make publicly available, and our communications may be monitored and recorded for quality purposes.

• We may display health score information for your Business and place a Consumer Alert regarding that health score on the business page for your Business.

• We may share certain aggregate or deidentified information about your responses to Request a Quote leads with other Businesses.

• Non-disparagement clauses in consumer contracts, attempting to restrict or prohibit reviews (including provisions penalizing consumers for posting reviews) about your Business, are prohibited under Minnesota and Delaware law and the federal Consumer Review Fairness Act (15 U.S. Code § 45b), and you agree not to include such clauses in your consumer contracts or enforce non-disparagement or 'gag' clauses against consumers under any circumstances. We may publicly notify consumers, including by placing a Consumer Alert on the business page for your Business, if we believe your Business employs such clauses in good faith.

• You affirm and warrant that you will not, and will not authorize or induce any other party, to:

• Provide incentives, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals, in exchange for posting or removing reviews of your Business, and you acknowledge that United Tribes, through Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews.

• Solicit or ask for reviews from your customers.

• Pay or induce anyone to post, refrain from posting, or remove reviews or attempt to circumvent United Tribes' Recommendation Software or fraud detection systems.

• Generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions.

• Use any automated means or form of scraping or data extraction to access, query, or collect United Tribes data, content, and/or reviews from the Consumer Site or the Business Site, except as expressly permitted by United Tribes.

• Use any United Tribes trademark or service mark without United Tribes' prior written consent.

• Misrepresent your identity or affiliation in connection with United Tribes.

• You acknowledge that United Tribes allows consumers to post Content about your Business, including photos, ratings, and reviews. United Tribes utilizes automated software, the Recommendation Software, to highlight the most reliable and useful reviews while displaying others less prominently. While United Tribes uses the Recommendation Software to identify potentially less helpful reviews, it may sometimes suppress legitimate reviews or fail to detect illegitimate ones. Purchasing advertising or other paid features from United Tribes will not influence the Recommendation Software or enable you to alter reviews directly or indirectly.

• The following Sections 2 and 3 apply if you are a resident of the United States or Canada only:

• DISCLAIMERS AND LIMITATIONS OF LIABILITY PLEASE READ THIS SECTION CAREFULLY, AS IT EXPANDS ON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY DETAILED IN SECTION 12 OF THE TERMS. The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like UNITED TRIBES, for their role in publishing third-party Content, including consumer reviews. Additionally, anti-SLAPP laws,, may require you to pay UNITED TRIBES attorneys' fees if you attempt to impose such liability on UNITED TRIBES through legal proceedings.

• ARBITRATION, DISPUTES, AND CHOICE OF LAW THIS SECTION GOVERNS ANY BUSINESS CLAIM BROUGHT BY YOU OR UNITED TRIBES. ANY CLAIM NOT SUBJECT TO THIS SECTION IS INSTEAD GOVERNED BY SECTION 13 OF THE TERMS. Except for Excluded Business Claims, any controversy or claim arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of your Business Account Business Site; (each such controversy or claim, a “Business Claim”), shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator will issue a reasoned award in writing, and the award may be vacated or corrected through judicial review by a court of competent jurisdiction under the California Arbitration Act for any such error. “Excluded Business Claims” means Claims related to intellectual property or violations of Section 7 of the Terms of Service (Representations and Warranties).

• Business Claims shall be heard by a single arbitrator, held in San Francisco, California. The prevailing party shall be entitled to reasonable attorneys' fees.

  FOR ANY BUSINESS CLAIM THAT IS NOT SUBJECT TO ARBITRATION, INCLUDING EXCLUDED BUSINESS CLAIMS, YOU AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA, WHICH IS THE PLACE OF PERFORMANCE OF THESE BUSINESS TERMS.

  YOU AND UNITED TRIBES AGREE THAT EACH MAY BRING OR PARTICIPATE IN BUSINESS CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND UNITED TRIBES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE BUSINESS CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A BUSINESS CLAIM IMPLICATES THIS SECTION, AND THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE, OR ILLEGAL BY A COURT, SUCH BUSINESS CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.