What are the Terms and Conditions?
THE TERMS OF THE AGREEMENT REQUIRE THAT CLAIMS BE SUBMITTED ONLY TO INDIVIDUAL ARBITRATION AND NOT AS PART OF A CLASS. THE DETAILS ARE EXPLAINED BELOW.
INTELLECTUAL PROPERTY RIGHTS AND POSSESSION
Uafactory is the rightful owner of all the content available on the Web Site, including graphics, text, images, sound, and illustrations, and the design of the Web Site and its content is legally protected under intellectual property laws. The Services and Web Site are intended for personal and non-commercial use, and you may view, play, print, and download documents, audio, and video on the Web Site for personal use only, unless otherwise stated. It is strictly prohibited to modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Web Site without prior consent. You are responsible for obtaining permission before reusing any copyrighted material. Your use of the Web Site and Services must comply with all applicable laws. Uafactory or its licensors own all rights related to the Web Site and its content, and any copyright, trademark, or other proprietary notices must not be removed from the material found on the Web Site.
THE ITEMS, MATERIALS, AND DETAILS OF THE GOODS.
The information, features, content, specifications, products, and prices described on this Web Site are subject to change without prior notice. While we make every effort to accurately display product attributes, such as color, we cannot guarantee that your computer will accurately display them. You are responsible for complying with all applicable laws regarding the possession, use, and sale of any products purchased from this Web Site. Before engaging in physical activity, we remind you to seek medical advice and properly warm-up. By participating in physical activity, you assume all associated risks. Although we display images of people exercising on this Web Site, we are not familiar with your individual physical characteristics and health.
LIMITATIONS OF SHIPPING
Once an order is made, the items will be shipped to the shipping address specified by the purchaser. However, the shipping address must comply with the restrictions outlined on this Web Site. All purchases made on this Web Site are subject to a shipment contract, which means that the risk of loss and ownership of the items pass onto you once they are delivered to the carrier. It is your responsibility to file any claims with the carriers for lost or damaged shipments.
CORRECTENESS OF INFORMATION
We make every effort to ensure that the information provided on this Web Site is accurate, complete, and up-to-date. However, there may be times when the information provided may not be fully accurate, complete, or up-to-date. Thus, we cannot guarantee the completeness, accuracy, or currency of any information on this Web Site. The availability, attributes, and pricing of products and services may change without notice, and we reserve the right to make such changes. We may limit the quantity of products or services offered and/or refuse service to any customer without prior notice. Additionally, email confirmation of an order does not guarantee that we have accepted the order or confirmed an offer to sell a product or service. We may need to verify information before accepting and/or shipping an order.
This Web Site may include hyperlinks to external websites, which are not owned or operated by Uafactory or its affiliates. These links are provided solely for your convenience, to offer access to additional information or resources. However, please note that we do not endorse, guarantee, or assume any responsibility for any external website or its content, materials, or other information accessible from them.
If you choose to click on any external links, you do so at your own risk and acknowledge that Uafactory is not liable for any consequences, losses, or damages that may arise from your use of any external website. You are solely responsible for reviewing and complying with the terms and conditions, privacy policies, and other relevant documentation of any external websites.
UNAUTHORIZED USE OF COMPUTER SYSTEM
According to these Terms, you are strictly prohibited from posting or transmitting any material that is illegal, threatening, defamatory, libelous, obscene, pornographic, or vulgar. Such actions may lead to criminal charges or civil liability, and may result in penalties for both the sender and their agents. You also acknowledge and agree that sending unsolicited email advertisements to any user of this website or through Voice computer systems is prohibited. This unauthorized use of our computer systems is in violation of these Terms and relevant "anti-spam" laws. If we believe that you have violated, or are likely to violate, these prohibitions, we reserve the right to take any necessary action to prevent or address the violation, including removing the related materials from this Web Site. We will fully cooperate with any law enforcement agencies or court orders or subpoenas that require or direct us to reveal the identity of anyone posting such materials.
It is your sole responsibility to ensure the security and confidentiality of your account and password. You are fully responsible for all activities that occur under your account. If you become aware of any unauthorized use of your account or any security breach, you agree to immediately notify us. You are also responsible for implementing appropriate security measures and taking necessary precautions based on your intended use of the Services and Web Site.
USER GENERATED CONTENT – INFORMATION CONTROL
The content posted by users on the Web Site, such as opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos, and other materials, is known as "User-Generated Content." Uafactory and its affiliates do not control this content and do not endorse it in any way. Any actions you take based on the User-Generated Content are solely your responsibility, and Uafactory assumes no liability for them. Uafactory also does not guarantee the accuracy or credibility of the User-Generated Content. By using the Web Site and Services, you may be exposed to offensive, objectionable, harmful, inaccurate, or deceptive User-Generated Content, as well as risks associated with dealing with underage persons, people acting under false pretenses, international trade issues, and foreign nationals. Therefore, by using the Web Site, you assume all associated risks.
USER GENERATED CONTENT – YOUR LICENSE TO US
When you post any User-Generated Content on our Web Site, you still retain the ownership rights of that content. However, by doing so, you grant Uafactory a non-exclusive, permanent, unrestricted, royalty-free, global, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the User Generated Content in any media, anywhere in the world, without any limitations. This license also covers any future technologies and media that may become available. Additionally, you guarantee that you have given up all "moral rights" associated with the content.
When you buy a product on our Web Site, you authorize Uafactory to charge the payment method you have provided. In case we have to take legal action to recover any outstanding balances, you agree to reimburse us for all costs and expenses incurred, including legal fees. It is your responsibility to cover all charges associated with the Internet and telecommunications services needed to access our Web Site.
ACCESS AND INTERFERENCE
You acknowledge and agree that you are not permitted to access the Web Site using any automated or robotic methods, such as robots, spiders, or scrapers, without obtaining our prior written consent. Furthermore, you agree that you will not engage in any activities that could potentially overload or excessively burden our infrastructure, interfere with the proper functioning of the Web Site, or bypass any security measures we have implemented to prevent or limit access to the Web Site.
This section states that neitherUafactory nor the user shall be held responsible for damages, delays or failures in performance resulting from events or circumstances that are beyond their reasonable control. Such events may include fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion, acts of civil or military authorities, any law, order, regulation, ordinance or requirement of any government or legal body, labor unrest, inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Uafactory and its affiliates do not guarantee that the functions contained in this website will be uninterrupted or error-free, that any defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. We do not provide any express or implied warranties, including any warranties with respect to the products and services listed or purchased on or through this website. We specifically disclaim any liability for product defects or failures, claims due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with codes, or misappropriation.
LIMITATION OF LIABILITY
Your use of the Web Site is at your own risk. You agree that our sole obligation to you is to provide the Web Site “as is.” neither Uafactory nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Web Site shall be liable to you or to any third party for your use of, or the inability to use, the Web Site and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Web Site.
in no event will Uafactory or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Web Site, any web sites linked to this Web Site, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Please refer to your local laws for any such prohibitions.
In the event of any problem with this Web Site or any Content, you agree that your sole remedy is to cease using this Web Site. In the event of any problem with the products or services that you have purchased on or through this Web Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site. Except as prohibited by applicable New Jersey law, in no event shall Uafactory total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Web Site.
By using this website, you agree to protect and compensate Uafactory and any affiliated entities or individuals against any and all costs, damages, and expenses, including reasonable legal fees, arising from any breach of these Terms by you or anyone authorized by you. This includes any use of the Web Site or the Internet, any purchases made, or any messages or information transmitted by you or authorized users, as well as any violation of the law or the rights of a third party.
In the event that you have a dispute with one or more other users of the Web Site, you release Uafactory(and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Web Site in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
WEB SITE DISPUTES
When we talk about "Web Site Disputes", we mean any legal claim or action related to your use of the Uafactory website, including any claims or actions related to the Terms and Conditions. All other legal claims or actions that don't fall into this category are considered "Non-Web Site Disputes". For example, if you have a problem with a Uafactory product or service you purchased, that would be a Non-Web Site Dispute. Similarly, if you have a problem with the content of an offer or advertisement on the Uafactory website, that would also be a Non-Web Site Dispute.
WEB SITE DISPUTE RESOLUTION – ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER
Neither you nor we will be able to sue in court in connection with a Web Site Dispute. All Web Site Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance to these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Site after having the opportunity to review these Terms and Conditions.
You and Uafactory waive any rights to maintain other available resolution processes for Web Site Disputes, such as a court action or administrative proceeding, to settle disputes. You and Uafactory waive any right to a jury trial for Web Site Disputes.
Instead of suing in court, we each agree to settle Web Site Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in the agreement as a court would.
To the extent, a party commences any action with includes both Web Site Disputes and Non-Web Site Disputes, consideration of the Non-Web Site Disputes shall stay until the Web Site Disputes are fully arbitrated. Then, any Non-Web Site Disputes will be considered by any court of competent jurisdiction.
You agree that you will not file a class action against Uafactory and its affiliated companies, or participate in a class action against Worldjersey Shops and its affiliated companies, in any Web Site Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against Uafactory and its affiliated companies, in any Web Site Dispute.
The Agreement constitutes the entire agreement between the user and a Uafactory and supersedes any prior understandings or agreements (written or oral). If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our Customer Service Department by email at firstname.lastname@example.org.
COPYRIGHT AND TRADEMARKS NOTICE
The contents of this website, including its design, graphics, text, and software, are protected by copyright law and owned by Uafactory. The trademarks, service marks, and trade names of Uafactory used on this website are also protected by law and owned by Uafactory. You are not allowed to use any of Uafactory's trademarks without their prior written consent, which includes copying, reproducing, modifying, distributing, or uploading them. It is strictly prohibited to use Uafactory's trademarks on any other website or computer network environment without permission. However, you may use the marks to acknowledge the quality and performance of Uafactory. Establishing a link to any other website using Uafactory's trademarks as a "hot" link is not allowed without prior approval.