Last Revised February 13, 2020
Welcome to the uniphi goods website, which is an online retail platform provided by Printful (www.printful.com ),(the “Site”). The Site is provided as a service to our customers. Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the Sites (the “Agreement”).
YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE ANY OF THE SITE OR ANY OF OUR AFFILIATE SITES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.
Your California Privacy Rights: If you are a California resident, you may request certain information once per year about our disclosure of certain categories of Personal Information during the preceding calendar year to third parties for such third parties’ own direct marketing purposes. Please send your request by email to firstname.lastname@example.org . We reserve our right not to respond to requests submitted other than to the email.
Personal Information We Collect
Two types of information are collected in connection with the Properties: Personal Information and Other Information. “Personal Information” is information that identifies you or makes you identifiable as an individual.“Other Information” is any information that does not reveal your specific identity. If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy. Other Information is addressed separately below, under the heading “OTHER INFORMATION”.
We and our third-party service providers may collect the following Personal Information from you:
· Postal address (including billing and shipping addresses)
· Telephone number
· Email address
· Credit and debit card number
· Shopping Cart Content
Collection of Personal Information
We and our third-party service providers collect Personal Information through the Properties in a variety of ways, including:
· Through the Properties
o We may collect Personal Information through the Properties, for example, when you register for newsletters or other communications through the Properties, make a purchase or make a request.
o We may collect Personal Information from you offline, e.g., if you provide information to us at a concert venue.
· From Other Sources
o We may receive your Personal Information from other sources, for example:
§ publicly available databases; or
§ marketing partners when they share information with us in the context of marketing and promotional campaigns related to our business.
o If you use your social media or other third party account to enter our sweepstakes, contest, or promotions or via an initiation to sign into such account on our Properties, you will share certain Personal Information from your third party account with us which may include, for example, your name, email address, photo, list of social media contacts, listening history, favorite tracks and any other information that you make or which is otherwise accessible to us when you connect through such third party account.
You are not required by statute or contract to provide any Personal Information to us. For example, when you participate in various opportunities provided through the Properties, we collect Personal Information from you in order to enable you (or us) to complete your experience on the Properties.
How We May Use Personal Information
We and our third-party service providers may use Personal Information for the following business purposes including:
· Providing the functionality of the Properties and fulfilling your requests.
o To provide the Properties’ functionality to you, such as arranging access to your registered account, and providing you with related customer service.
o To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request information about our Properties.
o To send to you administrative information, including information regarding the Properties and changes to our terms, conditions and policies.
o To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
o To allow you to send messages (for example, music clips or artist information) to a friend through the Properties. By using such functionality, you are telling us that you are entitled to use and provide us with your friend’s name and email address.
We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
· Providing you with our newsletter and/or other marketing materials and facilitating social sharing
o To send you marketing communications, that we believe may be of interest to you if you have indicated that you would like to receive them (including, without limitation, by our third-party service providers that send direct mail, email, and other types of advertising)
o To facilitate social sharing functionality that you choose to use.
We will engage in this activity with your consent.
· Analysis of Personal Information for business reporting and providing personalized services.
o To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Properties.
o To personalize your experience on the Properties using your IP address, by presenting content, products, and offers tailored to you.
We will provide personalized services either with your consent or because we have a legitimate interest.
· Allowing you to participate in sweepstakes, contests or other promotions.
We use this information to manage our contractual relationship with you
Aggregating and/or anonymizing Personal Information.
o We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose.
We will engage in this activity because we have a legitimate interest.
Accomplishing our business purposes.
o Data analysis, for example, to improve the efficiency of our Properties;
o Audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements;
o For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
o For developing new products and services;
o For enhancing, improving, or modifying our current products and services;
o For identifying usage trends, for example, understanding which parts of our Properties are of most interest to users;
o For determining the effectiveness of promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
o For operating and expanding our business activities, for example, understanding which parts of our Properties are of most interest to our users so we can focus our energies on meeting our users’ interests.
We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.
Disclosure of Personal Information
We may disclose Personal Information:
o You can consult the list and location of our affiliates here www.uniphigood.com
o uniphi good LLC, is the party responsible for the management of jointly-used Personal Information.
· To our third-party service providers (and in some cases, our affiliates), to facilitate the services they provide to us
o These can include providers of services such as hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery, credit card processing, auditing and other similar services to enable them to provide such services.
· To third parties, to permit them to send you marketing communications, consistent with your choices.
o Unaffiliated third parties or their vendors, to permit them to send, or cause to be sent, marketing communications to you in online and offline media.
o Our clients and their representatives, so that the clients and their representatives may use this information to send to you communications (including marketing communications) that they believe may be of interest to you, including, for example, if you (a) sign up to join the applicable clients’s mailing list and/or to receive such clients’s newsletters, (b) register with the applicable clients’s website, or (c) have otherwise indicated that you would like to receive information and/or marketing communications from the applicable client. We do not control, and are not responsible for, clients’ and their representatives’ use of Personal Information.
o To a relevant client who is no longer affiliated with us, if you indicated an interest in such client (for example, by registering with the client’s website)
· To third parties that sponsor contests, sweepstakes and similar promotions so that they can facilitate and administer such contests, sweepstakes and promotions
· By using the Properties, you may elect to disclose Personal Information
Other Uses and Disclosures
We may also use and disclose your Personal Information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:
· To comply with applicable law.
o This can include laws outside your country of residence.
· To respond to requests from public and government authorities.
o These can include authorities outside your country of residence.
· To cooperate with law enforcement.
o For example, when we respond to law enforcement requests and orders.
· For other legal reasons.
o To enforce our terms and conditions
o To protect our operations or those of any of our affiliates or artists;
o To protect our rights, privacy, safety or property, or that of our affiliates, our artists, you or others; or
· To allow us to pursue available remedies or limit the damages that we may sustain.
o In connection with a sale or business transaction.
· We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings) Such third parties may include, for example, an acquiring entity and its advisors.
We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.
The criteria we use to determine our retention periods include:
· The length of time we have an ongoing relationship with you and provide the Properties to you (for example, for as long as you have an account with us or keep using the Properties);
· Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
· Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
We ask that you not send us, and you not disclose to us, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Properties or otherwise.
Other Information We May Collect
We and our third-party service providers may collect Other Information (defined above) such as:
· Browser and device information
· Mobile App usage data
· Server log files
· Information collected through cookies, pixel tags and other technologies.
· Geographic location information
· Demographic information and other non-personally identifiable information provided by you
· Information about how you use the Properties
· Aggregated information
How We May Collect Other Information
We and our third-party service providers may collect Other Information in a variety of ways, including:
· Through your browser or your device: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, device type (Windows or Macintosh), screen resolution, operating system version, Internet browser type and version and the type and version of a Property that you are using. We and our service providers may also collect a unique device identifier assigned by us or our service providers to the device from which you are accessing a Property and other transactional information for the device that we and our service providers may use to serve content and advertisements to the device.
· Through your use of Mobile Apps: When you download and use a Mobile App, we and our service providers may track and collect Mobile App usage data, such as the date and time the Mobile App on your device accesses our servers and what information and files have been downloaded to the Mobile App based on your device number.
· Through server log files: An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you are accessing a Property by your Internet Service Provider (ISP), and is identified and logged automatically in our server log files whenever you visit the Property, along with the time of the visit and the activity on the Property. We and our service providers use IP addresses for purposes such as calculating Property usage levels, helping diagnose server problems, administering the Properties and determining your approximate geographic location.
o If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Properties, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Properties or our content. We expect our service providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
o Our Properties do not respond to browser-based do-not-track signals.
· Geographic location information: If you use any location-enabled products or services, you may be sending us location information. When you use a location-enabled service, we may collect and process information about your precise geographical location, such as GPS signals sent by a mobile device. We and our third party service providers and partners may use your device’s physical location to provide you with personalized location-based services, content and advertisements. In some instances, you may be permitted to allow or deny such uses of your device’s location, but if you choose to deny such uses, we may not be able to provide you with the applicable personalized services and content.
· From you: We may collect demographic information, such as your zip code or gender, as well as other information, such as your preferred means of communication, when you voluntarily provide this information to us. This information does not necessarily personally identify you or any other user of the Properties, unless further information is added to it that would allow identification to take place. In such case, the information will be treated as Personal Information.
· Information about how you interact on the Properties: We may collect information about how you interact on the Properties. For example, some Properties may utilize analytic tools to help us better serve you through improved products, services, and revisions to the Properties. This collected information may let us know which services and features you are using the most within a Property, as well as device type and hardware features, country and language of download, etc.
· By aggregating information: We may aggregate Personal Information so that the end-product does not personally identify you or any other user of the Properties, for example, by using Personal Information to calculate the percentage of our users who like a particular artist.
How We May Use and Disclose Other Information
Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it as described in “How We May Collect Other Information” section above, as well as for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.
We will use reasonable physical, technical and administrative measures to protect Personal Information under our control. If you have reason to believe that your interaction with us is no longer secure, please notify us immediately in accordance with the “Contacting Us” section below.
CHOICES AND ACCESS
Your choices regarding our use and disclosure of your Personal Information
We give you many choices regarding our use and disclosure of Personal Information about you for marketing purposes.
You may opt-out from the following as set forth below:
· Receiving marketing-related emails from us and our affiliates: If you do not want to receive marketing-related emails from us and our affiliates on a going-forward basis, you may opt-out from receiving such emails either by using the unsubscribe mechanism provided in the email or by emailing us at email@example.com .
· Receiving marketing-related SMS text messages from us and our affiliates: If you do not want to receive marketing-related SMS text messages from us and our affiliates on a going-forward basis, you may opt-out from receiving such messages by texting back “STOP” or by emailing us at firstname.lastname@example.org.
· Our sharing of your Personal Information with artists or unaffiliated third parties for their marketing purposes: If you prefer that we not share your Personal Information on a going-forward basis with artists or unaffiliated third parties for their marketing purposes, you may opt-out from such sharing by emailing us at email@example.com.
In each case, please make clear in your email what you are opting-out from. We will comply with your request(s) as soon as reasonably practicable. Please note that, if you do opt-out from receiving marketing-related messages from us, we may still send administrative messages to you.
How you can access, change or delete your Personal Information
If you would like to access, review, correct, update, suppress, restrict or delete Personal Information that you previously provided to us, if you would like to object to our use of your Personal Information, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us at: firstname.lastname@example.org .We will respond to your request consistent with applicable law.
In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion).
Where our collection and use of Personal Information is based on your consent, you may withdraw such consent at any time by emailing us at email@example.com, and such withdrawal will not affect the lawfulness of processing based on consent before your withdrawal.
If you are located in the EEA: Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission regarding Personal Information. You may obtain a copy of these measures by consulting standard terms by following this link.
The Properties are not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personal Information through the Properties.
Please note that email communications are not always secure, so please do not include credit card information or other sensitive information in your email messages to us.
When will I get my order?
It takes 3-7 days to fulfill an order, after which it’s shipped out. The shipping time depends on
your location, but can be estimated as follows:
USA: 5-8 business days
International: 10-20 business days
Where will my order ship from?
We work with an on-demand order fulfillment company with facilities worldwide!
Will I be charged customs for my order?
An additional customs and tax fee can occur on international orders. This fee is not in our control
and is assessed by your local customs office. Customs policies vary widely for every country so
please check with your local customs office directly to see if they apply duties and taxes to your
My order should be here by now, but I still don’t have it. What should I do?
Before getting in touch with us, please help us out by doing the following:
● Check your shipping confirmation email for any mistakes in the delivery address.
● Ask your local post office if they have your package.
● Stop by your neighbors in case the courier left the package with them.
Pro tip: Package theft is on the rise—If you’re expecting a home delivery and you know you won’t
be home to accept it, use an address where you know you’ll be!
If the shipping address was correct, and the package wasn’t left at the post office or at your
neighbor’s, get in touch with us at [insert your support email here] with your order number.
If you did find a mistake in your delivery address, we can send you a replacement order, but
shipping will be at your own cost.
Pro tip: The zip code is the most important part of the address. Use a simple tool like USPS ZIP
code lookup to make sure you get it right!
How are your products made?
We work with a reliable, high-quality print-on-demand drop shipper. They have locations
worldwide, so depending on where you are, your orders are printed and shipped from the facility
that can do it most efficiently!
How do I track my order?
If your shipping method includes tracking, you’ll receive a tracking link via email when your order
ships out. If you have any questions about your tracking or shipment, drop us a line at firstname.lastname@example.org
I received a wrong/damaged product, what should I do?
We’re so sorry if the product you ordered arrived damaged. To help us resolve this for you
quickly, please email us at [insert your support email here] within a weeks’ time with photos of the
damaged product, your order number, and any other details you may have about your order.
We’ll get back to you with a resolution as soon as possible!
What’s your return policy?
At this time, we don’t offer returns and exchanges, but if there’s something wrong with your order, please let us know by contacting us at email@example.com .
Do you offer refunds?
Refunds are only offered to customers that receive the wrong items or damaged items. If any of
these apply, please contact us at firstname.lastname@example.org with photos of wrong/damaged
items and we’ll sort that out for you.
Can I exchange an item for a different size/color?
At this time, we don’t offer exchanges. If you’re unsure which size would fit better, check out our
sizing charts—we have one for every item listed on our store, in the product description section.
Though rare, it’s possible that an item you ordered was mislabelled. If that’s the case, please let
us know at email@example.com within one (1) week after receiving your order. Include your
order number and photos of the mislabeled item, and we’ll send you a new one, or issue a
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Unless otherwise noted, the Sites, and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by uniphi goods, and other trademarks appearing on the Sites are the trademarks of uniphi good, LLC and/or its subsidiaries.
The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
Unless otherwise specified, the Sites and the Contents are intended to promote uniphi goods, and it’s clients, products and services available. The Sites are controlled and operated by uniphi goods (and on the Printful platform). The content on this site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program. uniphi good, LLC (d/b/a/uniphi goods) is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.
Errors, Inaccuracies, and Omissions
Information on our Sites may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, 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 on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
User Comments, Feedback, and Other Submissions
uniphi goods is pleased to hear from you and welcomes your comments regarding our products and services. While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by uniphi goods employees and agents might seem to be similar to Proposals. Accordingly, we ask that you not send Proposals to anyone at uniphi goods through any communication channel.
If you send certain specific submissions at our request (for example, contest entries, customer reviews or photographs), or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. uniphi good, LLC, and it’s d/b/a/s and subsidiaries shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead uniphi goods or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. uniphi good, LLC takes no responsibility and assumes no liability for any Comments posted by your or any third party.
Personal Information Submitted Through the Sites
Notice and Procedure for Making Claims of Copyright Infringement
uniphi goods respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide uniphi goods designated agent the written information specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
uniphi goods Copyright Manager for notice of claims of copyright infringement on the Sites can be reached as follows:
uniphi goods Copyright Manager
Please note that this procedure is exclusively for notifying uniphi good, LLC and its subsidiaries that your copyrighted material has been infringed.
Many products displayed on the Sites are available in select stores in the United States and, in some cases, select foreign markets. The prices displayed on the Sites are quoted in U.S. Dollars.
Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.
We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Sites. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.
uniphi goods merchandise partner is Printful, who outsources and oversees all sourcing, manufacturing and distribution of products. For more information about their policies please visit their website at www.printful.com as we are not liable or responsible for their participation or policies.
We reserve the right to price products at any price.
Right to Change Sites
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.
Links to Other Websites and Services
The Sites may contain links to other websites that are not under the control of uniphi good, LLC or it’s d/b/a/s or clients. uniphi good, LLC has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Sites and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information.
You agree to defend, indemnify and hold uniphi good, LLC d/b/a/ uniphi goods (and all subsidiaries, employees, collaborators, projects and representatives) harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the Sites, products purchased on the site(s) and/or your breach of any representation, warranty, or other provision of the Agreement.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Informal Dispute Resolution
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and uniphi good, LLC, d/b/a/uniphi goods agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing at least 2 (two) email notices to the other party, with the subject line reading as Disputes, describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 60 days in which to respond to or settle the Dispute. Notice shall be emailed:
(1) email: firstname.lastname@example.org , subject line must read: Disputes
(2) to you at: your last-used email address or the billing and/or shipping address in your online profile.
Both you and uniphi good, LLC. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and uniphi good, LLC d/b/a/ uniphi goods. expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. You may begin an arbitration proceeding by sending an email to the below email address requesting arbitration legal contact information.
In lieu of arbitration, either you or uniphi good, LLC d/b/a/ uniphigoods. may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and uniphigood, LLC, d/b/a/uniphigoods. agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and uniphi good, LLC/d/b/a/ uniphigoods. hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or uniphi good, LLC d/b/a/ uniphigoods. You may terminate this Agreement at any time. uniphi good, LLC d/b/a/ uniphigoods also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
This Agreement shall be governed by the laws of the State of New York without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of uniphi good, LLC’s right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the Sites.