Terms of Service
Effective Date: March
28, 2024
Introduction
Welcome to Unique Design
Solutions
These terms and conditions
outline the rules and regulations for the use of Unique Design Solutions’
Website, located at uniquedesignsolutions.com.
These Terms and Conditions are entered into by and between
You and Unique Design Solutions® (”Company”, “we” or “us”).
The following terms and conditions, together with any documents they expressly
incorporate by reference, govern your access to and use of UniqueDesignSolutions.com,
including any content, functionality, and services offered on or through UniqueDesignSolutions.com
(the “Website”) or any mobile application offered by us, whether as a
guest or registered user.
PLEASE REVIEW THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR
LEGAL RIGHTS. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ON AN INDIVIDUAL
BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, COURT PROCEEDINGS, OR CLASS
ACTIONS OF ANY KIND.
By using the Website, you accept and agree to be bound and
abide by these Terms and Conditions and our Privacy
Policy, incorporated herein by reference. If
you do not want to agree to these Terms and Conditions or the Privacy Policy,
you must not access or use the Website.
This Website is offered and available to users who are 13
years of age or older. Portions of the Website utilized to form a
contract with the Company are only offered and available to users who are 18
years of age or older. By using this Website, you represent and warrant that
you meet all of the foregoing eligibility requirements. If you do not meet all
of these requirements, you must not access or use the Website, or the relevant
portions therein.
Changes
to the Terms and Conditions
We may revise and update these Terms and Conditions from
time to time in our sole discretion. All changes are effective immediately when
we post them. Your continued use of the Website following the posting of
revised Terms and Conditions means that you accept and agree to the changes.
You are expected to check this page from time to time so you are aware of any
changes, as they are binding on you.
Accessing
the Website and Account Security
We reserve the right to withdraw or amend this Website, and
any service or material we provide on the Website, in our sole discretion
without notice. We will not be liable if for any reason all or any part of the
Website is unavailable at any time or for any period. From time to time, we may
restrict user access to some parts of the Website, or the entire Website,
including registered users.
You are responsible for:
·
Making all arrangements necessary to have access to the
Website.
·
Ensuring that all persons who access the Website through
your internet connection are aware of these Terms and Conditions and comply
with them.
·
Maintaining the confidentiality of the information you hold
for your account.
To access the Website or some of the resources it offers,
you may be asked to provide certain registration details or other information.
It is a condition of your use of the Website that all the information you
provide on the Website is correct, current and complete. You agree that all
information you provide to register with this Website or otherwise, including
but not limited to through the use of any interactive features on the Website,
is governed by our Privacy Policy, and
you consent to all actions we take with respect to your information consistent
with our Privacy Policy.
Certain features or services offered on or through the
Website may require you to open an account. If you choose, or are
provided with, a user name, password or any other piece of information as part
of our security procedures, you must treat such information as confidential,
and you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and agree not to provide any
other person with access to this Website using your user name, password or other
security information. You are entirely responsible for maintaining the
confidentiality of the information you hold for your account, including your
password, and for any and all activity that occurs under your account as a
result of your failing to keep this information secure and confidential.
You agree to ensure that you exit from your account at the end of each session.
You should use particular caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or
other personal information. You also agree to notify the Company immediately of
any unauthorized use of your username, password or account, or any other breach
of security. You may be held liable for losses incurred by the Company or
any other user of or visitor to the Website due to someone else using your
account information as a result of your failing to keep your account
information secure and confidential. You may not use anyone else’s
account at any time without the express permission and consent of the holder of
that account. The Company cannot and will not be liable for any loss or
damage arising from your failure to comply with these obligations.
We have the right to disable any user name, password or
other identifier, whether chosen by you or provided by us, at any time in our
sole discretion for any or no reason, including if, in our opinion, you have
violated any provision of these Terms and Conditions.
Intellectual
Property Rights
The Website and its entire contents, features and
functionality (including but not limited to all information, software, text,
displays, images, video and audio, and the design, selection and arrangement
thereof), are owned by the Company, its licensors or other providers of such
material and are protected by United States and international copyright,
trademark, patent, trade secret and other intellectual property or proprietary
rights laws.
These Terms and Conditions permit you to use the Website
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 our Website,
except as follows:
·
Your computer may temporarily store copies of such
materials in RAM incidental to your accessing and viewing those materials.
·
You may store files that are automatically cached by your
Web browser for display enhancement purposes.
·
You may print or download one copy of a reasonable number
of pages of the Website for your own personal, non-commercial use and not for
further reproduction, publication or distribution.
·
If we provide desktop, mobile or other applications for
download, you may download a single copy to your computer or mobile device
solely for your own personal, non-commercial use, provided you agree to be
bound by our end user license agreement for such applications.
·
If we provide social media features with certain content,
you may take such actions as are enabled by such features.
You must not:
·
Modify copies of any materials from this Website.
·
Use any illustrations, photographs, video or audio
sequences or any graphics separately from the accompanying text.
·
Delete, alter, or copy any copyright, trademark or other
proprietary rights notices from copies of materials from this Website.
·
Access or use for any commercial purposes any part of the
Website or any services or materials available through the Website.
If you wish to make any use of material on the Website
other than that set out in this section, please address your request to: info@uds-az.com.
If you print, copy, modify, download or otherwise use or
provide any other person with access to any part of the Website in breach of
the Terms and Conditions, your right to use the Website will cease immediately
and you must, at our option, return or destroy any copies of the materials you
have made. No right, title or interest in or to the Website or any content on
the Website is transferred to you, and all rights not expressly granted are
reserved by the Company. Any use of the Website not expressly permitted by
these Terms and Conditions is a breach of these Terms and Conditions and may
violate copyright, trademark and other laws.
Trademarks
The Company name, the Company logo, and all related names,
logos, product and service names, designs and slogans are trademarks of the
Company or its affiliates or licensors. You must not use such marks without the
prior written permission of the Company. All other names, logos, product and
service names, designs and slogans on this Website are the trademarks of their
respective owners.
Prohibited
Uses
You may use the Website only for lawful purposes and in
accordance with these Terms and Conditions. You agree not to use the Website:
·
In any way that violates any applicable federal, state,
local or international law or regulation (including, without limitation, any
laws regarding the export of data or software to and from the US or other
countries).
·
For the purpose of exploiting, harming or attempting to
exploit or harm minors in any way by exposing them to inappropriate content,
asking for personally identifiable information or otherwise.
·
To send, knowingly receive, upload, download, use or re-use
any material which does not comply with the Content Standards set out in these
Terms and Conditions.
·
To transmit, or procure the sending of, any advertising or
promotional material, including any “junk mail”, “chain letter” or “spam” or
any other similar solicitation.
·
To impersonate or attempt to impersonate the Company, a
Company employee, another user or any other person or entity (including,
without limitation, by using e-mail addresses or screen names associated with
any of the foregoing).
·
To engage in any other conduct that restricts or inhibits
anyone’s use or enjoyment of the Website, or which, as determined by us, may
harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
·
Use the Website in any manner that could disable,
overburden, damage, or impair the site or interfere with any other party’s use
of the Website, including their ability to engage in real time activities
through the Website.
·
Use any robot, spider or other automatic device, process or
means to access the Website for any purpose, including monitoring or copying
any of the material on the Website.
·
Use any manual process to monitor or copy any of the
material on the Website or for any other unauthorized purpose without our prior
written consent.
·
Use any device, software or routine that interferes with
the proper working of the Website.
·
Introduce any viruses, trojan horses, worms, logic bombs or
other material which is malicious or technologically harmful.
·
Attempt to gain unauthorized access to, interfere with,
damage or disrupt any parts of the Website, the server on which the Website is
stored, or any server, computer or database connected to the Website.
·
Attack the Website via a denial-of-service attack or a
distributed denial-of-service attack.
·
Otherwise attempt to interfere with the proper working of
the Website.
User
Contributions
The Website may contain message boards, chat rooms,
personal web pages or account profiles, forums, bulletin boards, surveys, and
other interactive features (collectively, “Interactive Services”) that
allow users to post, submit, publish, display or transmit to other users or
other persons (hereinafter, “post”) content or materials (collectively,
“User Contributions”) on or through the Website.
All User Contributions must comply with the Content
Standards set out in these Terms and Conditions.
Any User Contribution you post to or submit through the
site will be considered non-confidential and non-proprietary. By providing any
User Contribution on the Website, you grant us and our affiliates and service
providers, and each of their and our respective licensees, successors and
assigns the right to use, reproduce, modify, perform, display, distribute and
otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
·
You own or control all rights in and to the User
Contributions and have the right to grant the license granted above to us and
our affiliates and service providers, and each of their and our respective
licensees, successors and assigns.
·
All of your User Contributions do and will comply with
these Terms and Conditions.
You understand and acknowledge that you are responsible for
any User Contributions you submit or contribute, and you, not the Company, have
full responsibility for such content, including its legality, reliability,
accuracy and appropriateness.
We are not responsible, or liable to any third party, for
the content or accuracy of any User Contributions posted by you or any other
user of the Website.
Monitoring
and Enforcement; Termination
We have the right to:
·
Remove or refuse to post any User Contributions for any or
no reason in our sole discretion.
·
Take any action with respect to any User Contribution that
we deem necessary or appropriate in our sole discretion, including if we
believe that such User Contribution violates the Terms and Conditions,
including the Content Standards, infringes any intellectual property right or
other right of any person or entity, threatens the personal safety of users of
the Website or the public or could create liability for the Company.
·
Disclose your identity or other information about you to
any third party who claims that material posted by you violates their rights,
including their intellectual property rights or their right to privacy.
·
Take appropriate legal action, including without
limitation, referral to law enforcement, for any illegal or unauthorized use of
the Website.
·
Terminate or suspend your access to all or part of the
Website for any or no reason, including without limitation, any violation of
these Terms and Conditions.
Without limiting the foregoing, we have the right to fully
cooperate with any law enforcement authorities or court order requesting or
directing us to disclose the identity or other information of anyone posting
any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE
COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES
DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW
ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted
on the Website, and cannot ensure prompt removal of objectionable material
after it has been posted. Accordingly, we assume no liability for any action or
inaction regarding transmissions, communications or content provided by any
user or third party. We have no liability or responsibility to anyone for
performance or nonperformance of the activities described in this section.
Content
Standards
These content standards apply to any and all User
Contributions and use of Interactive Services. User Contributions must in their
entirety comply with all applicable federal, state, local and international
laws and regulations. Without limiting the foregoing, User Contributions must
not:
·
Contain any material which is defamatory, obscene,
indecent, abusive, offensive, harassing, violent, hateful, inflammatory or
otherwise objectionable.
·
Promote sexually explicit or pornographic material,
violence, or discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age.
·
Infringe any patent, trademark, trade secret, copyright or
other intellectual property or other rights of any other person.
·
Violate the legal rights (including the rights of publicity
and privacy) of others or contain any material that could give rise to any
civil or criminal liability under applicable laws or regulations or that
otherwise may be in conflict with these Terms and Conditions and our Privacy
Policy.
·
Be likely to deceive any person.
·
Promote any illegal activity, or advocate, promote or
assist any unlawful act.
·
Cause annoyance, inconvenience or needless anxiety or be
likely to upset, embarrass, alarm or annoy any other person.
·
Impersonate any person, or misrepresent your identity or affiliation
with any person or organization.
·
Involve commercial activities or sales, such as contests,
sweepstakes and other sales promotions, barter or advertising.
·
Give the impression that they emanate from or are endorsed
by us or any other person or entity, if this is not the case.
Copyright
Infringement
If you believe that any User Contributions violate your
copyright, please send notice to info@uds-az.com with
copies of and references to the alleged infringement and proof of ownership. It
is the policy of the Company to terminate the user accounts of repeat
infringers.
Reliance
on Information Posted
This Website may include content provided by third parties,
including materials provided by other users, bloggers and third-party
licensors, syndicators, aggregators and/or reporting services. All statements
and/or opinions expressed in these materials, and all articles and responses to
questions and other content, other than the content provided by the Company,
are solely the opinions and the responsibility of the person or entity
providing those materials. These materials do not necessarily reflect the opinion
of the Company. We are not responsible, or liable to you or any third party,
for the content or accuracy of any materials provided by any third parties. 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 Website, or by anyone who may
be informed of any of its contents.
Information
About You and Your Visits to the Website
All information we collect on this Website is subject to
our Privacy Policy. By using the
Website, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
Product
Orders
You affirm that if you place an order on behalf of an
organization or company, you have the legal authority to bind any such
organization or company to these terms and conditions, are of legal age to
enter into this agreement, and are bound by these terms and conditions.
You agree that your order is an offer to buy all products
and services listed in your order. All orders must be accepted by Unique Design
Solutions or we will not be obligated to sell the products or services to you.
We may choose not to accept orders at our sole discretion, even after we send
you a confirmation email with your order number and details of the items you
have ordered.
Prices posted on this Website may be different than prices
offered at Unique Design Solutions retail locations. All prices, discounts, and
promotions posted on this Website 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 strive to display
accurate price information, however, we may on occasion make inadvertent
typographical errors, inaccuracies or omissions related to pricing and
availability. We reserve the right to correct any errors, inaccuracies, or
omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time-to-time promotions on the Website
that may affect pricing and that are governed by separate terms and conditions.
If there is a conflict between the terms for a promotion and these terms and
conditions, the promotion terms will govern.
The following terms may be used by Unique Design Solutions
to communicate pricing information:
(i) “MSRP”
refers to the manufacturer’s suggested retail price.
(ii) “Sale”
refers to a reduced price for a product or service.
(iii) “Clearance”
refers to a reduced price for a product or service that will be or has been
discontinued.
Terms of payment are within the sole discretion of Unique
Design Solutions and, unless otherwise agreed by Unique Design Solutions in
writing, payment must be received by Unique Design Solutions before an order is
accepted. We accept Mastercard, VISA, Discover, cash, check, or E-check for all
purchases. You represent and warrant that (i) the credit card information you
supply to us 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, regardless of the amount quoted on the Website at the
time of your order.
Title
and Risk of Loss
Title and risk of loss pass to you upon our transfer of the
products to the you or to the initial common carrier, whichever comes first.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are
not liable for any delays in shipments.
Linking
to the Website and Social Media Features
You may link to our homepage, 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 without our express written
consent.
This Website may provide certain social media features that
enable you to:
·
Link from your own or certain third-party websites to
certain content on this Website.
·
Send e-mails or other communications with certain content,
or links to certain content, on this Website.
·
Cause limited portions of content on this Website to be
displayed or appear to be displayed on your own or certain third-party
websites.
You may use these features solely as they are provided by
us and solely with respect to the content they are displayed with and otherwise
in accordance with any additional terms and conditions we provide with respect
to such features.
Subject to the foregoing, you must not:
·
Establish a link from any website that is not owned by you.
·
Cause the Website or portions of it to be displayed, or
appear to be displayed by, for example, framing, deep linking or in-line
linking, on any other site.
·
Link to any part of the Website other than the homepage.
·
Otherwise take any action with respect to the materials on
this Website that is inconsistent with any other provision of these Terms and
Conditions.
The website from which you are linking, or on which you
make certain content accessible, must comply in all respects with the Content
Standards set out in these Terms and Conditions.
You agree to cooperate with us in causing any unauthorized
framing or linking immediately to cease. We reserve the right to withdraw
linking permission without notice.
We may disable all or any social media features and any
links at any time without notice in our discretion.
Links
from the Website
If the Website contains links to other sites and resources
provided by third parties, these links are provided for your convenience only.
This includes links contained in advertisements, including banner
advertisements and sponsored links. 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 this Website, you do so entirely at your own
risk and subject to the terms and conditions of use for such websites.
Geographic
Restrictions
The owner of the Website is based in the state of Arizona
in the United States. We provide this Website for use only by persons located
in the United States. We make no claims that the Website or any of its content
is accessible or appropriate outside of the United States. Access to the
Website may not be legal by certain persons or in certain countries. If you
access the Website from outside the United States, you do so on your own
initiative and are responsible for compliance with local laws.
Disclaimer
of Warranties
You understand that we cannot and do not guarantee or
warrant that files available for downloading from the internet or the Website
will be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and output,
and for maintaining a means external to our site for any reconstruction of any
lost data. 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 DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON
IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS
CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON
AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE
COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH
THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE,
ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR
PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation
on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE
LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED
TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,
LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS
OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the
Company, its affiliates, licensors and service providers, and its and their
respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses or fees (including
reasonable attorneys’ fees) arising out of or relating to your violation of
these Terms and Conditions or your use of the Website, including, but not
limited to, your User Contributions, any use of the Website’s content, services
and products other than as expressly authorized in these Terms and Conditions
or your use of any information obtained from the Website.
Dispute
Resolution and Binding Arbitration Agreement
You and Unique Design Solutions agree that any legal
dispute or claim between you and Unique Design Solutions arising out of,
relating to, or concerning this Website, this agreement, any communication
between you and Unique Design Solutions, any products or services sold or
distributed by Unique Design Solutions or through UniqueDesignSolutions.com to
you, or your participation in any other program or service provided by Unique
Design Solutions, shall be resolved through binding individual arbitration,
rather than in court, except that you or Unique Design Solutions may assert
individual claims in small claims court if the claims qualify. YOU UNDERSTAND
AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR
DEFEND YOUR RIGHTS. The term “dispute” means any dispute, action, claim, or
other controversy between you and Unique Design Solutions, whether in contract,
warranty, tort, statute, regulation, ordinance, or any other legal or equitable
basis. “Dispute” will be given the broadest possible meaning allowable under
law.
You and Unique Design Solutions agree that any dispute
resolution proceedings will be conducted only on an individual basis and not in
a class, consolidated, representative, or private attorney general capacity. If
for any reason a claim proceeds in court rather than in arbitration, you and Unique
Design Solutions each waive any right to a jury trial. You and Unique Design
Solutions both agree that either may bring suit in court to enjoin infringement
or other misuse of intellectual property rights.
The arbitrator will have exclusive authority to resolve any
dispute relating to arbitrability and/or enforceability of this arbitration
provision, including any unconscionability challenge or any other challenge
that the arbitration provision or the agreement is void, voidable or otherwise
invalid. If any provision of this arbitration agreement is found
unenforceable, the unenforceable provision will be severed, and the remaining
arbitration terms will be enforced. The arbitrator will be empowered to grant
whatever relief would be available in court under law or in equity. Any award
of the arbitrator(s) will be final and binding on each of the parties and may
be entered as a judgment in any court of competent jurisdiction.
The arbitration will be conducted by the American
Arbitration Association (AAA) under its rules, including the AAA’s
Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are
available at www.adr.org or by calling 1-800-778-7879.
You agree that the Federal Arbitration Act, applicable
federal law, and the laws of the state of Arizona, without regard to the
principles of conflict of laws, will govern these Terms and Conditions and any
dispute of any sort that might arise between you and Unique Design Solutions.
Governing
Law and Jurisdiction
This Website is operated from the US. All matters arising
out of or relating to these terms and conditions are governed by and construed
in accordance with the internal laws of the State of Arizona without giving
effect to any choice or conflict of law provision or rule (whether of the State
of Arizona or any other jurisdiction) that would cause the application of the
laws of any jurisdiction other than those of the State of Arizona.
Waiver
and Severability
No waiver by the Company of any term or condition set forth
herein shall be deemed a further or continuing waiver of such term or condition
or a waiver of any other term or condition, and any failure of the Company to
assert a right or provision under these terms and conditions shall not
constitute a waiver of such right or provision.
If any provision of these terms and conditions is held by a
court or other tribunal of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of the terms and
conditions will continue in full force and effect.
Assignment
You may not assign any of your rights or delegate any of
your obligations under these terms and conditions. Any purported assignment or
delegation in null and void and does not relieve you of any of your obligations
hereunder.
Entire
Agreement
These Terms and Conditions, the Privacy
Policy, and all other provided policies constitute the sole and
entire agreement between you and Unique Design Solutions with respect to the
Website and supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the
Website.
Your
Comments and Concerns
This website is operated by Unique Design Solutions.
All feedback, comments, requests for technical support and
other communications relating to the Website should be directed to: info@uds-az.com.
