Terms & Conditions
TERMS AND CONDITIONS OF USE
THE FOLLOWING WEBSITE TERMS CONTAIN PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
WEBSITE TERMS
This page (together with the documents referred to in it, including the Privacy Policy, Refund Policy, Cancellation Policy, and Shipping Policy, collectively the “Policies”) sets out the Terms (the “Terms”) in accordance with which you may make use of Universal Lettering Company, Inc.’s (hereinafter “Company,” “us,” “we,” or “our”) website(s) under the domain name www.varsitycart.com (the “Site”), whether as a guest or a registered user (subject to the additional disclaimers and caveats that may appear throughout the Site). The Site is an ecommerce site. Use of our Site includes accessing, browsing, or registering to use our Site.
Please read these Terms carefully before you start to use our Site. By using our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.
1 INTRODUCTION AND ACCEPTANCE OF TERMS
Company provides the Site, as well as the information contained thereon, including but not limited to designs and products created as result of using the services on the Site, subject to your compliance with these Terms, as well as any other written agreement(s) between us and you.
We reserve the right to change these Terms from time to time with or without notice to you. Changes will be effective no sooner than the day they are publicly posted. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and products available on this Site.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OR INFORMATION AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR INFORMATION (FOR PRODUCTS THAT HAVE ALREADY BEEN ORDERED, PLEASE REFERENCE THE REFUND AND CANCELLATION POLICIES, INCOROPRATED HEREIN BY REFERENCE).
2 Accessing our Site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Our Site is directed to people residing in the North America. We do not represent that content available on or through our Site is appropriate or available in other locations. We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time. If you choose to access our Site from outside North America, you do so at your own risk.
3 Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party and must take reasonable steps to ensure that others do not gain access to your information.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [we suggest using a generic e-mail address for the individual tasked with administration of the website and web related issues, e.g. admin@universallettering.com]. You, and not Universal Lettering, are responsible for any activity occurring in your account (other than activity that Universal Lettering is directly responsible for which is not performed in accordance with our Terms), whether or not you authorized that activity. We disclaim, and by using this Site you release us from, any liability for damages you may incur as a result of any lost or stolen passwords.
Universal Lettering occasionally sends notices to the email address or addresses registered with your account. You must keep your email address, mailing address, and, where applicable, your other contact details and payment details associated with your account current and accurate.
Universal Lettering may terminate your account and delete any information contained therein if there is no account activity (such as a log in event or payment) for over twelve (12) months.
4 Information about you and your visits to our site
We process information about you in accordance with our Privacy Policy (located at [insert hyperlink to Privacy Policy once website becomes active]), which sets out information about the cookies on our Site and the terms on which we process any Personal Information or Anonymous Information we collect from you, or that you provide to us, as defined in the Privacy Policy.
By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
We will store and process your Personal Information in a manner consistent with industry security standards and procedures to mitigate the risk of unauthorized access to or use of your Personal Information (See Privacy Policy section entitled “Information Security” for further details about these standards and procedures). If Universal Lettering becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), Universal Lettering will take reasonable steps to notify you without undue delay, but in any event within 72 hours of becoming aware of the Security Incident. Universal Lettering will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by Universal Lettering.
5 PROHIBITED USES
You may use our Site only for lawful purposes. You may not use our Site:
(a) In any way that breaches any applicable local, national, or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm any persons, especially minors, in any way (as is more thoroughly addressed in section 6 below).
(d) To send, knowingly receive, upload, download, use, or re-use any Contribution (defined below) that infringes the intellectual property rights of others, including any copyright, database right, patent, or trademark, trade secret, or other proprietary right of any other person.
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (i.e., spam).
(f) To knowingly transmit any data or send or upload any material or links that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
(g) To purchase, use, or access the Site or the information contained therein for the purpose of building a competitive product or service or for any other competitive purposes.
(h) If you are a minor.
As noted in the Privacy Policy (section “Personal and Other Information,” subsection “Children’s Online Privacy Protection Act Notice”): We do not knowingly solicit or collect Personal Information from children under the age of 13, nor is the Site or its content marketed or directed to children under the age of 13. In the event that Universal Lettering becomes aware that it unknowingly collected Personal Information from a child under the age of 13 without parental consent, Universal Lettering will delete that information as quickly as reasonably possible.
You also agree:
(a) Not to reproduce, duplicate, copy or re-sell any part of our Site, including our Site itself and our designs, patches, or other content (whether or not such content is protected by any copyrights or trademarks) in contravention of the provisions of these Terms.
(b) Not to access without authority, interfere with, damage or disrupt:
(i) any part of our Site;
(ii) any equipment or network on which our Site is stored;
(iii) any software used in the provision of our Site; or
(iv) any equipment or network or software owned or used by any third party.
6 Viruses
As noted under section 5 above, you must not misuse our Site by knowingly transmitting any data or, sending or uploading any material or links that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. Additionally, you must not attempt to gain unauthorized access to our Site, the server on which our Site is stored, or any server, computer, or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. Any breach of this provision is a violation of the federal Computer Fraud and Abuse Act (18 U.S.C. § 1030) subject to criminal penalties. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software. You access the Site and download material from it at your own risk and we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material.
7 Links to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Site other than that set out above, please contact [insert e-mail address, e.g. admin@universallettering.com].
8 Links from our Site
This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties, including our Services Providers (as defined in the Privacy Policy). While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. If you use these links, you acknowledge that you are leaving our Site.
We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk.
9 Changes to our Site
We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
10 Intellectual property rights
For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on this Site or is purchased or otherwise obtained from us (e.g., the patches), and is owned or licensed by us or our Affiliates. All intellectual property rights in the content are reserved. Our status as the owners of content on our Site must always be acknowledged.
By using the Site, you recognize, agree and acknowledge that title to and ownership to all works and materials created using the Site, including patches created using the Universal Lettering databases, Site, and all other content, is vested in the Company and shall not transfer to you. We reserve all rights not expressly granted to you in these Terms. You are granted a limited license for the purposes contemplated in these Terms and this license shall in no event be construed as conferring a license to, or rights in, any Company intellectual property rights beyond the limited license granted for the purposes contemplated by these Terms.
To the extent that you upload any works, materials and/or other contributions using the Site or otherwise provide or submit any such materials, works and/or contributions to us, you represent, warrant and agree that you have all necessary rights to such materials works and/or contributions (“Contributions”). You further represent, warrant and agree that the Contributions do not infringe the intellectual property rights of others, including any copyright, database right, patent, trademark, trade secret, or other proprietary right of any other person. While you retain all rights to Contributions, you hereby expressly grant to us (including our employees and Affiliates), a non-exclusive, irrevocable, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the Contributions for any purpose whatsoever (including marketing and advertising), regardless of the form or medium in which it is used. This right also extends to any service providers we work with to the extent necessary to provide our services and products to you.
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Contributions provided by you, a decision may be made to remove access or disable access to the same, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c), in our sole discretion. We may also make a good faith attempt to contact the person who submitted the allegedly infringing Contributions so that they may make a counter-notification. If you believe that your work has been infringed upon, please promptly notify us at admin@universallettering.com.
11 Disclaimer
ALL CONTENT ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR PRODUCTS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE (HOWEVER, SAID PRICE CHANGES WILL ALWAYS BE EFFECTIVE FROM THE TIME THEY ARE POSTED ONWARD). THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE CONTENT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
12 Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our Site;
(b) use of or reliance on any content displayed on our Site;
(c) loss of profits, sales, business, or revenue;
(d) loss of contracts;
(e) loss of anticipated savings;
(f) loss of data;
(g) loss of business opportunity, goodwill, or reputation;
(h) business interruption; or
(i) any indirect or consequential loss or damage.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold us and our Affiliates and service providers harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
13 SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Site. When a breach of these Terms has occurred, we may take such action as we deem appropriate in our sole discretion, including, but not limited to:
(a) Immediate, temporary, or permanent withdrawal of your right to use our Site.
(b) Immediate, temporary, or permanent removal of any Contribution, posting, or material uploaded by you to our Site.
(c) Issue of a warning to you.
(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs, which shall include attorneys’ fees) resulting from the breach.
(e) Further legal action against you.
(f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary;
(g) Blocking your IP address.
The remedies described above are not limited, and we may take any other action we reasonably deem appropriate.
14 Jurisdiction and Applicable law
This Site is controlled by us from our offices in Van Wert, Ohio, and the statutes and laws of the United States of America and the State of Ohio shall be controlling, without regard to the conflicts of principals of law, with regard to these Terms and the Policies, which are incorporated herein by reference, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims). The Common Pleas Court of Van Wert County, State of Ohio or the United States District Court for the Northern District of Ohio, Toledo Division will have exclusive jurisdiction over any claim arising from, or related to, the Terms, the Policies, a visit to our Site, purchase of our products, or any aspect relating to use of your data under our Privacy Policy located at [insert hyperlink to Privacy Policy once website is active], although, in the event you do not reside in the United States of America, we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
These Terms, the Policies, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the State of Ohio.
15 MISCELLANEOUS PROVISIONS
(a) Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [include e-mail address, e.g. admin@universallettering.com], if by email, or to our address at Universal Lettering Company, Inc., Attn: Website Administrator, 1197 Grill Road Unit B,, Van Wert, Ohio 45891, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two (2) business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five (5) business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
(b) No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site or our products without our express written consent, or use of or access to this Site or the content provided through this Site, beyond the limited rights granted to you herein.
(c) Assignment. You may not assign these Terms without Universal Lettering’s prior written consent, which may be withheld in Universal Lettering’s sole discretion. Universal Lettering may assign these Terms at any time without notice to you.
(d) Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and content available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor, disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
(e) Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If it is impossible to construe that portion in a manner consistent with applicable law, that portion shall be severed and the remainder of the Terms will remain in full force and effect.
(f) No Waiver. Any failure or delay by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
(g) Entire Agreement. These Terms, and the Policies incorporated herein (including the Privacy Policy, Refund Policy, Cancellation Policy, and Shipping Policy) constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
16 Provisions applicable to certain countries
The following provisions apply with regard to access to the Site from countries located in the European Union (“EU”) or from EU citizens:
The terms “personal data,” “data subject,” “processing,” and “processor” shall have the meanings given to those terms respectively in the EU General Data Protection Regulation. By agreeing to these Terms, you are providing us with instructions to process any Personal Information collected through the Site on your behalf. You ensure, warrant, and represent that you are entitled to transfer Personal Information to Universal Lettering so that Universal Lettering may lawfully process and transfer the Personal Information in accordance with these Terms. You also ensure that all relevant persons have consented to such use, processing, and transfer of their Personal Information as is required by all applicable data protection laws and you have sole responsibility for the accuracy, quality, and legality of the Personal Information processed by Universal Lettering. Where Universal Lettering is processing Personal Information on your behalf, it will:
(a) do so in accordance with the Terms, which you recognize and acknowledge constitute documented instructions from you on how your Personal Information shall be handled by Universal Lettering;
(b) do so in accordance with applicable law;
(c) ensure that all Universal Lettering personnel processing Personal Information have committed themselves to maintaining the confidentiality thereof;
(d) upon request and when technically feasible, make available to you your Personal Information, where such information is held by Universal Lettering and is not otherwise available to you through your account and user areas or on Universal Lettering websites;
(e) upon request by you or deletion of your account, not retain Personal Information from within your account other than in order to comply with applicable laws and regulations and as may otherwise be kept in routine backup copies made for disaster recovery and business continuity purposes (which are also deleted no later than 9-12 months after data is deleted from an account); and
(f) to the extent reasonably able, assist you as reasonably required (at your expense) where you wish to conduct a data protection impact assessment involving the Services.
Further details about how your Personal Information is handled by Universal Lettering (e.g., how to request your data; or unsubscribe from emails) can be found in the Privacy Policy, which is incorporated herein by reference.
The parties’ respective liability whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any and all claims arising out of or in connection with this section of the Terms shall be as set out in these Terms, unless otherwise agreed in writing.
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