Términos del servicio
OVERVIEW
Welcome to Uvora! The terms "we", "us" and "our" refer to Uvora (NJ Global LLC). Uvora operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Uvora is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION RATHER THAN IN COURT. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 22 BELOW. PLEASE REVIEW SECTION 22 CAREFULLY.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Uvora reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Uvora confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Uvora may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Uvora and you will not take place unless and until you have received your order confirmation email. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due. We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card's updating service, you should contact your credit card issuer. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
Automatic Renewals. If you have enrolled in a subscription or membership program, you will automatically be charged on a recurring basis every 30 days. TO CANCEL, YOU MUST LOG IN AND CANCEL THE SUBSCRIPTION BEFORE YOUR NEXT SCHEDULED BILLING DATE. All cancellation requests received after your scheduled billing date will apply to the following subscription period. We may refuse to renew any subscription in our sole discretion.
Account Updater Disclosure. We may use an automatic account updater service provided by our payment processor. This service may update your stored payment information, including your card number or expiration date, if your card issuer provides updated information. If your payment information is updated through this service, you authorize us to charge the updated payment method for any amounts due. If you do not wish to have your payment information automatically updated, you must remove your stored payment method or cancel your subscription.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
Delivery Confirmation. Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery, even without a signature. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation and will be addressed at our discretion.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Uvora, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Uvora, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Uvora.
Uvora's names, logos, product and service names, designs, and slogans are trademarks of Uvora or its affiliates or licensors. You must not use such trademarks without the prior written permission of Uvora. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Uvora is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Uvora. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Uvora, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Uvora.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.
Privacy. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Services. By using the Services, you consent to all actions taken by us with respect to your information consistent with our Privacy Policy.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback 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 Feedback 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 Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 11A – TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Uvora is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that anything you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and that we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form. You agree that any Submission that you provide us is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Uvora may use a Submission, in whole or in part, together with the name of the person submitting it. You agree that Submissions, including testimonials, may be used for any form of advertising relating to Uvora's products or services, in printed and online media, as Uvora determines in its absolute discretion. These testimonials do not represent the generally expected user experience.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Uvora, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY UVORA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, THE SITE AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS EXPRESSLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UVORA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UVORA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL UVORA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT WILL UVORA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID UVORA IN THE LAST TWELVE (12) MONTHS, OR IF GREATER, ONE HUNDRED DOLLARS ($100). CERTAIN JURISDICTIONS, INCLUDING BUT NOT LIMITED TO NEW JERSEY, PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LIMIT THE ABILITY TO DISCLAIM IMPLIED WARRANTIES. IF YOU ARE A CUSTOMER FROM SUCH A JURISDICTION, THE FOREGOING LIMITATIONS ARE INTENDED TO BE ONLY AS BROAD AS PERMITTED UNDER THE LAWS OF YOUR JURISDICTION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Uvora, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 – 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.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
SECTION 19 – WAIVER; 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 governs 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.
Our order confirmation, these Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 – 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 the jurisdiction where NJ Global LLC is headquartered. You and Uvora consent to venue and personal jurisdiction in such courts.
SECTION 21A – NO MEDICAL ADVICE
The material available through the Services is provided for general informational purposes only and is not intended as medical advice or as a substitute for seeking advice from a qualified healthcare provider. The statements made through the Services have not been evaluated by the Food and Drug Administration. You should consult your healthcare provider before using any information provided by Uvora. Uvora does not make any guarantee that you will accomplish any health or wellness goals. Your results may vary depending upon a variety of factors unique to you, such as your age, health, and genetics.
SECTION 21B – GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying products or services from Uvora for your own personal or household use only, and not for resale or export. You agree to comply with all applicable laws and regulations of any state and of the United States with respect to these products or services. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
SECTION 21C – ELECTRONIC COMMUNICATIONS
You consent to receive electronic communications from Uvora either in the form of email sent to you at the email address listed on your account or by communications posted on the Services for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Services shall satisfy any legal requirement that such communication from Uvora be in writing. The frequency of electronic communications will vary based on your interactions with our products, marketing campaigns, and the Services.
SECTION 21D – FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown, or power outage.
SECTION 21E – LIMITATION ON TIME TO FILE CLAIMS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY PRODUCT, OR ANY TRANSACTION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. IF NOT COMMENCED WITHIN THAT PERIOD, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED. THIS PROVISION APPLIES TO ALL CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
SECTION 21F – NOTICES
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to the Services. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to: NJ Global LLC, Attn: Legal Department, 815 Superior Ave, 430-F, Cleveland, OH 44114. We may update the address for notices to us by posting a notice on the Services. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
SECTION 21G – DMCA NOTICE AND INTELLECTUAL PROPERTY
This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact: support@getuvora.com.
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
SECTION 22 – DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER; JURY TRIAL WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO A JURY TRIAL, AND YOUR RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, UNLESS YOU OPT OUT AS DESCRIBED BELOW.
Governing Law for Disputes. These Terms, your use of the Services, any purchases made through the Services, and any controversy, claim, or dispute arising out of or relating in any way to your use of the Services, your purchases, or your Account (collectively, "Disputes") shall be governed by the laws of the jurisdiction where NJ Global LLC is headquartered, without respect to its choice of law rules. All Disputes between Uvora and you must be commenced within one (1) year after the claim or cause of action arose; any claim not commenced within that period is permanently barred.
Mandatory Pre-Arbitration Notice and Informal Resolution. These Terms provide for final, binding arbitration of all Disputes. However, Uvora and you agree that it would be mutually beneficial to attempt to resolve any Dispute informally before arbitration is initiated. Before either party demands arbitration, the claiming party must send a written Notice of Dispute to the other party that includes: (1) the claimant's full name, mailing address, and email address associated with their Account; (2) a description of the nature and basis of the claim; and (3) the specific relief sought, including a good-faith calculation of the amount in controversy.
If you are the claimant, send your notice to: NJ Global LLC, Attn: Legal Department, 815 Superior Ave, 430-F, Cleveland, OH 44114, or by email to support@getuvora.com. If Uvora is the claimant, it will send notice to the email address on file for your Account.
Upon receipt of a Notice of Dispute, the parties agree to personally meet and confer — by telephone or videoconference — in a good-faith effort to resolve the Dispute informally within sixty (60) days of the date the notice is sent. Participation in this informal resolution process is a mandatory prerequisite to initiating arbitration. The statute of limitations and any arbitration filing deadlines shall be tolled during this period.
Agreement to Arbitrate. If the Dispute is not resolved through the informal process described above, you and Uvora agree that any and all Disputes shall be resolved exclusively through final, binding, and confidential individual arbitration, rather than in court. Arbitration shall be administered by the American Arbitration Association ("AAA") under its then-current Consumer Arbitration Rules, available at www.adr.org or by calling 1-800-778-7879. If AAA is unavailable or declines to administer the arbitration, the parties shall mutually agree upon an alternative nationally recognized arbitration provider. If the parties cannot agree, a court of competent jurisdiction shall appoint the provider.
This arbitration agreement is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1–16, and the parties agree that these Terms evidence transactions involving interstate commerce. To the extent the FAA does not apply, the arbitration law of the state in which you reside shall govern.
The arbitrator shall have exclusive authority to resolve all threshold issues of arbitrability, including the scope, validity, and enforceability of this arbitration agreement, except that all disputes regarding the enforceability and applicability of the class action waiver shall be resolved by a court, not an arbitrator. The arbitrator shall follow applicable substantive law and shall be authorized to award all remedies available in an individual action under applicable law, including compensatory, statutory, and punitive damages, declaratory and injunctive relief, and attorneys' fees and costs where authorized by statute or contract. The arbitrator may not award relief on a class, representative, or consolidated basis. The arbitral award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
UNLESS YOU TIMELY OPT OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
Arbitration Fees and Costs. Payment of all filing, administrative, and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules. To the extent required by those rules or applicable law, Uvora will bear arbitration fees in excess of what you would be required to pay to file a comparable action in a court of competent jurisdiction. If the arbitrator determines you are unable to afford the applicable fees and you cannot obtain a waiver from AAA, Uvora will pay those fees on your behalf. Each party shall otherwise bear its own attorneys' fees unless the arbitrator finds that a claim or defense was frivolous or filed for an improper purpose, in which case the arbitrator may award reasonable fees, costs, and expenses to the prevailing party.
Arbitration Procedure. Arbitration shall be conducted by a single neutral arbitrator. Unless either party requests a hearing, or the arbitrator determines one is necessary, the arbitrator may resolve the Dispute based solely on written submissions. Any hearing shall be conducted by telephone or videoconference unless both parties agree otherwise; neither party shall be required to travel to attend any in-person proceeding. All arbitration proceedings, including discovery, hearings, and rulings, shall be kept confidential to the fullest extent permitted by law. The arbitral award shall be binding only as between the parties and shall have no preclusive effect in any other proceeding involving a different party.
Small Claims Exception; Equitable Relief. Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided the claim qualifies and remains in that court. Uvora also reserves the right to seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property rights, confidential information, or to prevent irreparable harm, without waiving its right to compel arbitration for all other claims.
CLASS ACTION WAIVER. YOU AND UVORA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR CLASS REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator shall have no authority to consolidate more than one person's claims, to preside over any class or representative proceeding, or to award relief to any person or entity other than you individually. The parties also expressly waive the right to bring claims for public injunctive relief, except to the extent applicable law prohibits such a waiver, in which case any claim for public injunctive relief shall be resolved by the arbitrator on an individual basis. If this class action waiver is found unenforceable as to any particular claim, that claim shall be severed and heard in a court of competent jurisdiction, while all remaining claims shall proceed in individual arbitration. If this class action waiver is found entirely unenforceable, the entire arbitration agreement set forth in this section shall be null and void.
JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF ANY DISPUTE PROCEEDS IN COURT FOR ANY REASON, YOU AND UVORA EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Opt-Out Right. You may opt out of this arbitration agreement and class action waiver by sending written notice to Uvora within thirty (30) days of the date you first accept these Terms or make your first purchase through the Services, whichever is earlier. Your opt-out notice must be sent by certified mail to: NJ Global LLC, Attn: Legal Department, 815 Superior Ave, 430-F, Cleveland, OH 44114, and must include: (1) your full name; (2) your mailing address; (3) the email address associated with your Account; and (4) a clear statement that you wish to opt out of the arbitration agreement and class action waiver. Opt-out notices sent by email or through any other means will not be effective. Each opt-out notice may only opt out one person; notices purporting to opt out multiple persons will not be honored. If you opt out of this arbitration agreement, all other provisions of these Terms remain in full force and effect.
Changes to This Section. If Uvora makes any future material change to this dispute resolution section, you may reject that change by sending written notice to the address above within thirty (30) days of the effective date of the change. Rejection of a future change does not affect any other Terms, and you will continue to be bound by the version of this section in effect at the time you first accepted these Terms.
Severability of Arbitration Agreement. If any portion of this arbitration agreement (other than the class action waiver) is found unlawful or unenforceable, that specific portion shall be severed, and the remainder of this arbitration agreement shall be given full force and effect. Severance of any portion shall have no impact on the parties' remaining obligation to arbitrate any Disputes on an individual basis.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO 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, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT
NJ Global LLC 815 Superior Ave, 430-F Cleveland, OH 44114 Email: support@getuvora.com Website: https://getuvora.com