Copyright 2021 © Vedame Oils, LLC. All Rights Reserved
- Terms and Conditions Agreement
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND VEDAME OILS LLC, DOING BUSINESS AS UMA OILS, AND ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, “UMA,” “WE,” “US,” OR “OUR”).
SECTION 12 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT.
- Acceptance of this Agreement
If you access any of our websites located at https://www.umaoils.com/, use our mobile application, install or use any software supplied by UMA, place any orders with UMA, purchase any UMA products, or access any information, function, or service available or enabled by UMA (each, a “Product or Service” and collectively, the “Products and Services”), or complete an UMA account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:
(a) you have read, understand, and agree to be bound by this Agreement;
(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with UMA; and
(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.
The terms “User” and “Users” refer to all individuals and other persons who access or use the Products and Services, including, without limitation, any organizations that register accounts or otherwise access or use the Products and Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Products and Services.
UMA reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Products and Services at any time, effective upon posting of an updated version of this Agreement. You should regularly review this Agreement, as your continued use of the Products and Services after any such changes constitutes your agreement to such changes.
- Additional Terms and Policies
By using the Products and Services, you also agree to abide by any additional UMA policies for Users that are published on our website or mobile application. Certain features of our Products and Services may be subject to additional terms and conditions, which are incorporated herein by reference.
- Rules and Prohibitions
Without limiting other rules and prohibitions in this Agreement, by using the Products and Services, you agree that:
(a) You will only use the Products and Services for lawful purposes; you will not use the Products and Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, UMA employees, or our community.
(b) You will only use the Products and Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party.
(c) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Products and Services.
(d) You will not use the Products and Services to cause nuisance, annoyance or inconvenience.
(e) You will not use the Products and Services, or any content accessible through the Products and Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any User, unless UMA has given you prior permission to do so in writing.
(f) You will not copy or distribute any content displayed through the Products and Services for republication in any format or media.
(g) You will not compile, directly or indirectly, any content displayed through the Products and Services except for your personal, noncommercial use.
(h) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
(i) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Products and Services.
(j) You will use the Products and Services only for your own use and will not directly or indirectly resell, license or transfer the Services or content displayed by the Products and Services to a third party.
(k) You will not use the Products and Services in any way that could damage, disable, overburden or impair any UMA server, or the networks connected to any UMA server.
(l) You will not attempt to gain unauthorized access to the Products and Services and/or to any account, resource, computer system, and/or network connected to any UMA server.
(m) You will not deep-link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites.
(n) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Products and Services.
(o) You will not engage in threatening, harassing, racist, sexist or any other behavior that UMA deems inappropriate when using the Products and Services.
(p) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Products and Services.
(q) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time users.
In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.
- No Medical Advice
Information provided by UMA and/or through the Products and Services is not intended to provide medical advice. You should not construe UMA’s publication of any content as any warranty or guarantee of any strategy, recommendation, treatment, action or application of any product. Users should be aware that no regulatory agency has deemed the products described herein to be effective or intended to diagnose, treat, cure or prevent any disease.
The Products and Services contain information about products and therapies authorized in the United States, and is intended for a United States audience. If you live outside the United States, you may see information about products or therapies that may not be available or authorized in your country.
- User Account
You may be required to register for an account to use parts of the Products and Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Products and Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Products and Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify UMA immediately. UMA will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by UMA or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or UMA has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, UMA has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services (or any portion thereof). We may enable or require you to use a single pair of login credentials to use UMA services. You agree not to create an account or use the Products and Services if you have been previously removed by UMA, or if you have been previously banned from use of the Products and Services.
- User Content
(a) User Content. UMA may provide you with interactive opportunities through the Products and Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Products and Services. You further represent and warrant that any User Content that you submit, post and/or otherwise transmit through the Products and Services (i) does not violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) does not contain material that is false, intentionally misleading, defamatory, or unlawful; and (iii) does not violate this Agreement. You hereby grant UMA a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with UMA’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant UMA a license to use your username, first name and last initial, and/or other User profile information, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Products and Services and as permitted through the functionality of the Products and Services. The license granted to UMA herein shall survive termination of the Products and Services or your account. UMA reserves the right in its sole discretion to remove or disable access to any User Content from the Products and Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You agree that UMA may monitor and/or delete your User Content (but does not assume the obligation) for any reason in UMA’s sole discretion. UMA may also access, read, preserve, and disclose any information as UMA reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, or (e) protect the rights, property or safety of UMA, its Users and the public.
(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to UMA through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that UMA has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to UMA a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
- Communications with UMA
By creating a UMA account or using Products and Services, you electronically agree to accept and receive communications from UMA, or third parties providing services to UMA including via email, text message, calls, and push notifications to the cellular telephone number you provided to UMA. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of UMA, including but not limited to communications concerning orders placed through your account. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing Settings in your account. To opt out of receiving promotional text messages from UMA, you must reply “STOP” from the mobile device receiving the messages. For purposes of clarity, delivery text messages between you and UMA are transactional text messages, not promotional text messages.
- E-SIGN Disclosure
By creating an UMA account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing UMA with “Revoke Electronic Consent” in the subject line.
To view and retain a copy of this disclosure, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email UMA with contact information and your mailing address.
- Intellectual Property Ownership
UMA alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Products and Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Products and Services, or any intellectual property rights owned by UMA. UMA names, UMA logos, and the product names associated with the Products and Services are trademarks of UMA or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Products and Services.
- Payment Terms
(a) Prices & Charges. You understand that: (a) the prices displayed through the Products and Services may differ from the prices offered or published by other companies for the same item and/or from prices offered by third-party websites and that such prices may not be the lowest prices at which the items are sold; (b) UMA has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) UMA reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Products and Services provided under this Agreement. In the event that the charge to your payment method may incorrectly differ from the total amount, including subtotals and fees, displayed to you at checkout, UMA reserves the right to make an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout. All payments will be processed by UMA or its payments processor, using the preferred payment method designated in your account. If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file in order to help prevent any interruption to your Use of the Products and Services. If you would like to use a different payment method or if there is a change in payment method, please update your billing information.
(b) No Refunds. Charges paid by you for completed and delivered orders are final and non-refundable. UMA has no obligation to provide refunds or credits, but may grant them, in each case in UMA’s sole discretion.
(c) Promotional Offers and Credits. UMA, at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by UMA; (iii) are subject to the specific terms that UMA establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer or in this Agreement. UMA reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that UMA determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. UMA reserves the right to modify or cancel an offer at any time. You agree that we may change UMA’s promotional offers at any time. UMA may also offer gratuitous credits, which can be used for the Products and Services. Any credit issued by UMA is valid for 6 months from the date of issue except to the extent prohibited under applicable law and may not be redeemed for cash or cash equivalent. Upon expiration, credits will be removed from your account. Expired credits are no longer redeemable and cannot be used towards any order.
(d) Fees for Products and Services. UMA may change the fees for our Products and Services as we deem necessary or appropriate for our business, including but not limited to shipping and handling fees.
(e) Gift Cards. Gift Cards may be redeemable towards eligible orders placed on www.umaoils.com. Gift Cards are not redeemable for cash except when required by applicable law.
(f) Items in your shopping cart will reflect the most recent price displayed on the item’s product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in our catalog may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, UMA will take one of the following options: (i) If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (ii) if an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure [https://www.umaoils.com/faq/]. Discounts are limited-time offers and are not valid with other offers. For shipping, cancellation, and other ordering questions, please contact our customer service representatives at firstname.lastname@example.org or at 424.279.3131.
- Dispute Resolution.
- PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH UMA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
(a) Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to the Products and Services, to any advertising or marketing communications regarding UMA or the Products and Services, or to any aspect of your relationship or transactions with UMA as a User of our Products and Services will be resolved by binding arbitration, rather than in court. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
CASES MAY HAVE BEEN FILED AGAINST UMA—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.
IF YOU AGREE TO ARBITRATION WITH UMA, YOU ARE AGREEING THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST UMA IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
(b) Informal Resolution. You and UMA agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and UMA therefore agree that, before either you or UMA demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 30 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify UMA that you intend to initiate an informal dispute resolution conference, email email@example.com, providing your name, telephone number, the email address associated with your UMA account or UMA order, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
(c) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to paragraph 12(b). The arbitration will be conducted by ADR Services, Inc. under its rules and pursuant to the terms of this Agreement. Arbitration demands filed with ADR Services, Inc. must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars; and (4) the signature of the party seeking arbitration. Disputes shall be subject to ADR Services, Inc.’s most current version of its Arbitration Rules, available as of December 1, 2021 at https://www.adrservices.com/services/arbitration-rules or by calling ADR Services, Inc. at 310-201-0010. The fees that shall apply to arbitrations administered by ADR Services, Inc. are set forth on ADR Services, Inc.’s website, available as of December 1, 2021 at https://www.adrservices.com/rate-fee-schedule/. Specifically, the fees set forth in ADR Services, Inc.’s Mass Consumer Arbitration Fee Schedule shall apply when twenty (20) or more arbitration claims are filed which: (1) involve the same or similar parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties. In all other circumstances, the fees set forth in ADR Services, Inc.’s General Fee Schedule shall apply, except that UMA will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all filing, administration, and arbitration fees will be governed by ADR Services, Inc.’s rules. If the arbitrator finds that you cannot afford to pay ADR Services, Inc.’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from ADR Services, Inc., UMA will pay them for you. If ADR Services, Inc. is not available to arbitrate, the parties will mutually select an alternative arbitral forum.
(d) Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and UMA. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and UMA.
(e) Waiver of Jury Trial. YOU AND UMA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
(f) Waiver of Class or Consolidated Actions. YOU AND UMA AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor UMA is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court. This provision does not prevent you or UMA from participating in a class-wide settlement of claims.
(g) Survival. This Arbitration Agreement will survive any termination of your relationship with UMA.
(h) Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if UMA makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to UMA.
- Third-Party Interactions.
- The Products and Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Advertisement, UMA will not warn you that you have left UMA’s website or Products and Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of UMA. UMA is not responsible for any Third-Party Websites, Third-Party Applications or any Third-Party Advertisements. UMA does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree to indemnify and hold harmless UMA and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation, attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Products and Services; (c) your breach of this Agreement or any representation, warranty or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Products and Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. UMA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with UMA in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Products and Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Products and Services.
- Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE PRODUCTS AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE PRODUCTS AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UMA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE PRODUCTS AND SERVICES, TEXT, GRAPHICS OR LINKS.
UMA DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES WILL OPERATE ERROR-FREE OR THAT THE PRODUCTS AND SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE PRODUCTS AND SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, UMA SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
- Breach And Limitation of Liability
(a) General. You understand and agree that a key element of the Products and Services and this Agreement is your and our mutual desire to keep the Products and Services simple and efficient, and to provide the Products and Services at the lowest possible cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section 16 to keep the Products and Services simple and efficient, and costs low, for all Users.
(b) Cap on Liability. To the fullest extent permitted by law, if a product you purchase does not match the description or is unsatisfactory or defective in any way, as your sole and exclusive remedy you may return the product, unused, to UMA and receive a refund of your purchase price.
(c) Disclaimer of Certain Damages. TO THE FULLEST EXTENT OF LAW, UMA SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE). THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY UMA’S FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY.
- Exclusive Venue
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and UMA agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Miami-Dade County, Florida.
If you violate this Agreement, UMA may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.
In addition, at its sole discretion, UMA may modify or discontinue the Products and Service, or may modify, suspend or terminate your access to the Products and Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Products and Service, UMA reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal or injunctive redress. Even after your right to use the Products and Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
WHAT INFORMATION WE COLLECT FROM YOU.
1.1 Personal Information vs. Non Personal Information. Our primary goal in collecting information from you is to provide you with an efficient and helpful experience while using Products and Services. In order to do so, we may collect two types of information about you, Personal Information and Non Personal Information. “Personal Information” refers to information that lets us know the specifics as to who you are and which can be used to identify, contact or locate you. We may also collect and use Personal Information to verify your identity when you are making purchases. Examples of Personal Information include your first name together with your last name, your credit card number, your mailing address and/or email address, and your phone number. Generally, we collect Personal Information when you use the Products and Services to make product purchases, fill out surveys, correspond with us, choose to submit testimonials, stories, photos or the like, or otherwise volunteer information about yourself. “Non Personal Information” refers to information that does not by itself identify you or a specific individual. Examples of Non Personal Information we may collect include demographic information, which web pages of ours are most often visited and which of our products are either receiving the most purchases or website visits. We may collect Non Personal Information through any of the methods discussed above as well as automatically through use of industry standard technologies discussed further below.
1.2 Access and Change to Personal Information. Upon written request, UMA will use reasonable efforts to allow users to update or correct Personal Information previously submitted but only to the extent such activities will not compromise privacy or security interests. Also, upon a user’s written request, UMA will functionally delete the user and his or her Personal Information from the database where such information is stored; however, it may be impossible to delete a user’s entry without some residual information being retained because of the nature in which backups of data are maintained.
1.3 Information You Provide To Us. You will have the opportunity to provide us with Personal Information and Non Personal Information which we will collect directly from you as follows:
(b) For customers purchasing products. If you make purchases at our online store, we will collect and maintain your name, email address, mailing address, telephone number, purchased product information, credit card number (or check or money order information if using such payment methods while ordering via mail), order tracking number, referring URL, IP address and a password. If you purchase a gift certificate at our online store, we will also collect the name, email address, mailing address, and telephone number of the recipient. Before confirming your order, you will have the opportunity to review the order form and make changes and additions to the information it contains and these changes will automatically be kept for future use. If you cancel an order or do not complete an order, we may collect and use any email address or other information that you have entered as we would collect and use it if you had completed an order.
1.4 Information Collected Through Technology. We or our third party service providers may collect information from visitors to the Uma Website regarding the referring URL, your IP address, which browser you used to come to the Website, information regarding your domain server, the country, state and telephone area code where your server is located, your type of computer, timestamp data and the pages of the Website that you viewed during your visit. Some of this information is gathered through the following technologies:
(b) IP Address. You can visit many areas of the Website anonymously without the need to become a registered user. Even in such cases, we may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer whenever you begin service with an Internet Service Provider. Each time you access the Website and each time you request one of our pages, our server logs your IP address. Standing alone, your IP address is not necessarily personally identifiable.
(c) Web Beacons. UMA may use a variety of other technical methods for tracking purposes, including web beacons. Web beacons are small pieces of data that are embedded in web pages and e-mails. We may use these technical methods in HTML e-mails that we send our users to determine whether they have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is personally identifiable.
USE AND DISCLOSURE OF PERSONAL INFORMATION.
2.1 Use of Personal Information and Non Personal Information. We use Personal Information and Non Personal Information in order to fill your orders, to communicate with you about your orders or other requests and to send you informational and promotional materials, including about upcoming UMA promotions and events. In addition, we may use Personal Information and Non Personal Information to learn more about our community and/or customers so we can improve our products, promotions and events. Specific examples of how we may use your information that we collect are as follows:
(a) System Administration. We use your IP Address and other information discussed above in Section 1.4 for the purposes of system administration, to assist in diagnosing problems with our server, to monitor our system performance and the level of activity on the Website in general and about specific portions of our Website and how the traffic on our Website is apportioned and from where it may come, and to gather broad demographic information about our Website visitors and customers, so we can make it easier and more convenient for you to navigate and use the Website, and make our Website more useful and better targeted for you and our community in general.
(c) Notices to Recipients Regarding Orders or other Requests. If you have made a purchase via the Website, we may use your Personal Information to send one or more emails regarding your order, including regarding customer service issues.
(d) Newsletters & Promotional Emails; Opt-Out Option: We may offer free electronic newsletters and promotional emails regarding upcoming products, promotions, events and/or services offered on the Website. We may use your Personal Information to send you newsletters and emails periodically listing current products, promotions, events and/or services, or other items available for purchase on our Website or from our marketing partners or sponsors. However, you have the choice to opt-out of receiving such newsletters and promotional emails for products and/or services offered on the Website by sending an email to us at firstname.lastname@example.org and/or following the instructions in our promotional email. Once we have processed your opt-out request, we will not send you promotional emails with respect to products and/or services offered by us through the Website unless you opt back in to receiving such communications directly.
(f) Contact Information: If you contact us by telephone, email or letter, we may keep a record of your contact information, correspondence or comments. If you report a problem with the Website, we may collect this information in a file specific to you. In addition, if you provide us feedback through the Website, by email or by calling us, we may ask for your name and email address in order to send you a reply. You may contact us at email@example.com to request the removal of this information from our database, subject to section 1.2.
2.2 Disclosure of Personal Information.
(b) Service Providers. We may disclose your Personal Information to our third party service providers, including companies we retain to manage or host the Website, companies we retain to fulfill product purchases or to provide services to you on our behalf, and companies we retain as consultants to conduct research on our behalf. These third parties may not use your Personal Information other than to provide the services requested by us. For example, we will release your credit card number to confirm payment and release your name and mailing address information to the mail or delivery service to deliver and track products that you ordered. With respect to Non Personal Information, we also share website usage information we gather from visitors to the Website who have received a targeted promotional campaign with our third-party advertising service partners for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. For this purpose, we and our third-party service partners may note some of the pages you visit on the Website through the use of web beacons. In addition, we may provide aggregated statistics about our customers, sales, traffic patterns, and related Website information to third parties. We reserve the right to use or disclose Non Personal Information in any manner.
(c) Links to Other Websites. Our Website may contain links to third party web sites to which we have no affiliation. UMA does not share your Personal Information with those web sites and is not responsible for their privacy practices. UMA suggests you read the privacy policies on those third party web sites.
We may from time to time send you email or other communications regarding current promotions, specials and new additions to the Website. If you have supplied us with your telephone number(s) you may receive telephone calls from us with information or requests for information regarding an order you have placed. You may “opt out” or unsubscribe from our newsletters and non-transactional related emails and disclosures to third parties for promotional purposes by following the unsubscribe instructions in any email you receive from us or by sending an email to firstname.lastname@example.org.
SAFEGUARDING YOUR PERSONAL INFORMATION.
4.1 Our Security Measures. In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking institutions, process agents and distribution institutions. They receive the information they need to verify and authorize your credit card transactions and to ship your order. When collecting credit card information for online purchases, we offer secured server transactions that encrypt your information in transit to prevent someone from intercepting it and misusing it. When you access your account information, the information is kept on a secure server. Furthermore, all of the customer data we collect is protected against unauthorized access by physical security means. Although UMA uses reasonable efforts to safeguard the security of your Personal Information, transmissions made on or through the Internet are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by SSL technology and are vulnerable to interception during transmission. You hereby acknowledge that UMA is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
4.2 Protecting Yourself. You are solely responsible for safeguarding and maintaining the secrecy of your User ID, passwords and/or any account information in your possession or control. Please be careful and responsible whenever you are online. The Website contains links to third parties who may collect information directly from you. Each of the websites linked from the Website have separate privacy policies and data collection practices, independent of UMA, and UMA has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites nor does UMA make any warranties or representations about the contents, products or services offered on such websites or the security of any information you provide to them. You can learn more about Internet privacy from government websites such as www.ftc.gov/privacy/ . In addition, it is important to keep us updated with your most current contact information. You may ask us in writing via mail or email at email@example.com to have the information on your account deleted, updated or corrected, subject to Section 1.2; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.
GENERAL Email firstname.lastname@example.org to have the information on your account deleted, updated or corrected, subject to Section 1.2; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.
(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, UMA or any third-party provider as a result of this Agreement or use of the Products and Services.
(b) Choice of Law. This Agreement is governed by the laws of the State of Florida consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
(c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
(d) Notice. Where UMA requires that you provide an e-mail address, you are responsible for providing UMA with your most current e-mail address. In the event that the last e-mail address you provided to UMA is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, UMA’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to UMA at the following email address: email@example.com .
(e) Electronic Communications. For contractual purposes, you (1) consent to receive communications from UMA in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that UMA provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This subparagraph does not affect your statutory rights.
(f) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UMA without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.
(g) Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
- Contact Information
UMA welcomes your questions or comments regarding the Terms: