User Agreement
TERMS AND CONDITIONS OF USE – ALL THINGS UNIVERSAL LLC.
Welcome to All Things Universal LLC (legal name). The Company and/or its affiliates (“All Things Universal”) provide website features and other products and services to you when you visit or shop at www.allthingsuniversal.com (the “Site”), use All Things Universal products or services, use All Things Universal applications for mobile, or use software provided by All Things Universal in connection with any of the foregoing (collectively, “All Things Universal services”). By using the All Things Universal Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.
This website is operated by All Things Universal. Throughout the site, the terms “we”, “us” and “our” refer to the Company.
The Site is a platform that allows users to buy and sell products and services. The service provided to the users by the Site itself is called the “Service”.
By visiting our site and/ or purchasing something from there, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - PRIVACY AND PERSONAL INFORMATION
Your privacy and personal information are really important for us. Your submission of personal information though the store is governed by our Privacy Policy. Please review our Privacy Policy here (https://allthingsuniversal.com/privacy-policy).
SECTION 2 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services and the potential claim for damages against you.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be suspicious.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - PAID SERVICES
To use the Service, you will be charged a fee based on the period of time you sign up for.
This fee is currently collected via our Billing Service Provider, Stripe, which have their own legal terms. (https://stripe.com/)
You will be required to provide the Company and/or its Billing Service Provider with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method.
You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges, you must notify the Company within thirty (30) days after the date that you are billed.
You can terminate your use of the Service, change your password, and otherwise manage your account using the Site.
SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change on the Site or in email to you, at Company’s option, at least 14 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.
If you properly terminate your paid account, you will not be charged for future months/years. However, you will not receive a refund for an unused portion of a month for which you have already paid.
We offer a money-back guarantee if you’re unable to access the Site because of problems with the Site.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 7 - CONTENT AND RESTRICTIONS
You may provide text, images, software, videos and/or other material, including third party content (“User Content”) that you share using the Site.
Your User Content belongs to you (or to the relevant third parties). However, you grant the Company the following non-exclusive license: a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and your User Content that you provide through the Site, without any further consent, notice and/or compensation to you or others.
Other users may access and share your User Content and information, via the Site, social media, email, and otherwise.
If you wish us to remove your User Content from the Site, please send an email to support@allthingsuniversal.com and we will do so within ten business days of receiving your request.(However, we may retain copies of your User Content, not accessible to the public, on our backup servers even after you request removal.)
You are solely responsible for the User Content that you make available via the Site. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree as follows: You are solely responsible for your account and the activity that occurs while signed in to or while using your account; You will not post information that is malicious, false or inaccurate; You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content, or unless your use of the content is within the scope of fair use; and You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site is solely your responsibility.
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to our service. Such as pricing, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, except as required by law.
SECTION 10 - PROHIBITED USES AND RESTRICTIONS
Your permission to use the Site is conditioned upon the following restrictions and conditions.
You agree that you will not: a) Use, display, mirror or frame the Site or any individual element within the Site, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page or within the Site, without Company’s express written consent; b) Access, tamper with, or use non-public areas of the Site, Company’s computer systems, or the technical delivery systems of Company’s providers; c) Attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures; d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Site; e) Use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent; f) Use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party other than as permitted by these Terms; g) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information; h) Collect or store any personally identifiable information from the Site or from other users of the Site without their express permission; i) Impersonate or misrepresent your affiliation with any person or entity; j) Sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Site available to any third party; k) Use the Site for any unlawful purpose or for the promotion of illegal activities; l) Use the Site to attempt to, or harass, abuse or harm another person or group; m) Use another user’s account without permission; n) Interfere or attempt to interfere with the proper functioning of the Site; o) Make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; p) Attempt to decipher, reverse engineer, decompile, or disassemble any portion of the Site or the software used to provide the Service; q) Bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data; r) Publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device; or s) Encourage or enable any other individual to do any of the foregoing.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (t.1) for any unlawful purpose; (t.2) to solicit others to perform or participate in any unlawful acts; (t.3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (t.4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (t.5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (t.6) to submit false or misleading information; (t.7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (t.8) to collect or track the personal information of others; (t.9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (t.10) for any obscene or immoral purpose; or (t.11) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The site and service are provided “as is,” without warranty of any kind. Without limiting the foregoing, the company expressly disclaims all warranties, whether express, implied or statutory, regarding the site and service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy an non-infringement. Without limiting the foregoing, the company makes no warranty or representation that access to or operation of the site will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your uploading, downloading, and/or use of files, information, content or other material sent to or obtained from the site. You also assume full responsibility and risk of loss resulting from your sale or purchase of goods and/or services via the site.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 - DISCLAIMER OF LIABILITY FOR PRODUCTS AND SERVICES SOLD ON THE SITE
The Company is not responsible for the quality or safety of any products or services sold via the Site, nor for whether they are delivered, how, and when. The Company is not responsible for any interactions between users or any harm/damage that may result. The Company is not responsible for resolving any disputes between users of the Site.
SECTION 13 - LIMITATION OF DAMAGES; RELEASE
To the extent permitted by applicable law, in no event shall the company, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (A) The use, disclosure, or display of your user content; (B) Your use or inability to use the site; (C) The site generally or the software or systems that make the site and service available; or (D) Any other interactions with the company or any other user of the site, whether based on warranty, contract, tort (including negligence), fraud, or any other legal theory, and whether or not the company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10 AMERICAN DOLLARS. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Site in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - MONITORING AND COMPLIANCE
Although the Company is not obligated to monitor access to or use of the Site or to review or edit any Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site or any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.