TERMS AND CONDITIONS
THE FOLLOWING PAGES STATE THE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) UNDER WHICH YOU MAY USE THIS WEBSITE (“WEBSITE”) AND PURCHASE PRODUCTS (“PRODUCTS”) THROUGH THIS WEBSITE. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THIS WEBSITE AND DO NOT PURCHASE OR ATTEMPT TO PURCHASE ANY PRODUCTS FROM OR THROUGH THIS WEBSITE. U-CAN AMERICAS, INC. (“COMPANY”) MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THE TERMS AND CONDITIONS, BECAUSE THEY ARE BINDING ON YOU.
Section 1. Terms of Sale.
Any and all purchases of any Products offered for sale through this Website shall be deemed final at the moment that you click the “Complete Purchase” tab (or such similar tab as the Company may make available from time to time). Refunds, full or partial, will only be made in accordance with the Company’s standard return policy.
All Products purchased through this Website shall be delivered via a reputable delivery service selected by the Company at it sole discretion, and all risk of loss and title shall pass to you upon the Company’s delivery of the purchased Product to such delivery service.
SUBJECT ONLY TO ANY CONTRARY TERMS AS MAY BE SET FORTH IN ANY INSTRUCTIONS OR OTHER DOCUMENTATION ISSUED AND INCLUDED BY THE COMPANY WITH OR IN PRODUCTS THAT YOU PURCHASE THROUGH THIS WEBSITE, OR AS MAY OTHERWISE BE REQUIRED BY APPLICABLE LAW, ALL SUCH PRODUCTS ARE SOLD TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED). THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Section 2. Standard Return Policy.
The Company will only accept the return of new and unopened Products. Such Products must be returned to 25 Metro Dr., Suite 525, San Jose, CA 95110 within 30 days of delivery for a full refund. No exchanges will be made for any returned Product. No refunds or returns will be accepted for any used or opened Products, or any returns made after 30 days of delivery.
Section 3. Use of Material.
The Company authorizes you to view and download a single copy of the Material on this Website solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items as may be provided on this Website. Any such special rules are listed as “Legal Notices” on this Website and are incorporated into these Terms and Conditions by reference.
The contents of this Website, such as text, graphics, images or descriptions of Products and other material (collectively, “Material”), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.
If you violate any of these Terms and Conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 4. Company’s Liability.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Website and the Material. The use of the Website and the Material is at your own risk.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY PRODUCT DESCRIPTIONS OR INSTRUCTIONS, OR OTHER PRODUCT-RELATED INFORMATION, OR ABOUT THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, OR LINKS THAT MAY BE AVAILABLE ON THIS WEBSITE.
Section 5. Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED IN THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL OR FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OFFERED FOR SALE OR PURCHASED THROUGH THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 6. Limitation of Liability.
UNLESS OTHERWISE EXPRESSLY PROVIDED IN ANY DOCUMENTATION PROVIDED TO YOU BY THE COMPANY, THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING FROM THE PURCHASE AND/OR USE OF ANY PRODUCTS PURCHASED THROUGH THIS WEBSITE OR USE OF THE MATERIALS (INCLUDING SOFTWARE) IS LIMITED TO $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Section 7. User Submissions.
Generally, any communication which you post to the Website is considered to be non-confidential. If particular web pages permit the submission of communications which will be treated by the Company as confidential, that fact will be stated on those pages. By posting communications to the Website, you automatically grant the Company a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
You are responsible for your own communications and are responsible for the consequences of their posting. You must not do the followings things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of the communications posted by others or endorse any opinions expressed by others. You acknowledge that any reliance on material posted by others will be at your own risk.
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by others. If notified of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Website for violating these Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 8. Links to Other Sites.
This Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.
Section 9. Software Licenses.
Any software that may be made available for downloading from the Website (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated “Legal Notice” accompanying such software (“License Agreement”). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 10. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or the Products or your breach of these Terms and Conditions. The Company shall provide notice to you of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim suit or proceeding.
Section 11. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials or Products (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), or purchasing any Products through this Website, you are in agreement that you are not in a country where such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Section 12. User Information.
Section 13. General.
This Website is based in San Jose, California. The Company makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including any Software) may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions, and all purchases of products made through this Website, are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or other documentation issued and provided by the Company, these Terms and Conditions constitute the entire agreement between you and the Company with respect to your use of this Website and your purchase of any Products through this Website.
Section 14. Disputes and Subpoenas.
Any dispute or claim relating in any way to your use of this Website or your purchase or use of any Products purchased through this Website will be resolved by binding arbitration, rather than in court.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at the address set forth below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If you have a subpoena to serve on the Company, please note that the Company does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on the Company, preferably by mailing the subpoena to the following address:
U-CAN Americas, Inc.
25 Metro Drive, Suite 525
San Jose, CA 95110
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make the purchase.
Last Updated: October, 2016