DISCLAIMER, TERMS & CONDITIONS OF USE
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1 DISCLAIMER, TERMS & CONDITIONS OF USE Welcome to Universal Devices, Inc.'s online website. By accessing and using this website, you acknowledge that you have read, agree to, and are aware of the following notices, terms, conditions, and other applicable federal, state, and local laws and regulations. Universal Devices, Inc. (hereinafter, "UDI") reserves the right to add, remove, or edit any materials from its website without prior notice. If you are a regular visitor of this website, please review these terms and conditions on a regular basis. This website is intended solely for adult use and UDI does not market any products or services to persons under eighteen (18) years of age through this website. Questions or comments about this Privacy Policy and Disclaimer should be directed to (818) during normal business hours. COPYRIGHTS/TRADEMARKS The entire content of this website, including but not limited to the name "Universal Devices, Inc.," pictures, logos, images, text, code, materials, and other components or elements herein are copyrighted materials owned by UDI or other third parties, and are protected by United States, worldwide copyright and trademark laws and treaty provisions. Therefore, you may not use, copy, reproduce, publish, modify, transmit, upload, or distribute the contents or elements of this website in any way without UDI's express prior written permission. UDI does not grant to users or individuals who access this website any express or implied rights under any patents, copyrights, trademarks, or trade secrets. In the event that such permission is expressly granted, a copy of any portion of this website thereof must be maintained in an unchanged fashion, including the copyright notices as it appears on this website. This website may be used for informational purposes and online ordering of products. You may electronically copy and print hard copy portions of this website for the sole purpose of placing an order with UDI's website shopping cart, which is solely for your own non-commercial use. This website may not be used to commercialize or market any product or service without UDI's express prior written permission.
2 LIMITATION OF LIABILITY UDI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, SUITABILITY, CURRENCY, TIMELINESS, RELIABILITY, OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITE WHICH MAY BE LINKED TO IT FROM THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, UDI DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, AND AS SUCH, YOU AGREE TO HOLD HARMLESS AND DEFEND ANY OF UDI'S OFFICERS, DIRECTORS, OR EMPLOYEES AGAINST LIABILITY FOR ALL USES OF THIS WEBSITE AND IN ANY ACTION THEREOF, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, AND STRICT LIABILITY (PRODUCT OR TORT), THAT MAY RESULT IN PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR A LINKED WEBSITE, OR WITH THE FAILURE TO USE THIS WEBSITE, EVEN IF UDI WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, UDI DOES NOT WARRANT THAT THIS WEBSITE OR THE WEB-HOSTING SERVER IS FREE OF COMPUTER VIRUSES. UDI CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO ITS WEBSITE. IN NO EVENT SHALL UDI BE LIABLE TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUT YOU PAID TO UDI, IF ANY, FOR THE PRODUCT OR SERVICES PROVIDED THEREIN. UDI provides this website as a service. In an attempt to enhance your knowledge and to add value to your experience while using this website, UDI may provide links for your convenience to other internet websites from this one. UDI specifically disclaims any responsibility and does not control the contents of any other internet websites linked to this website. Access to any other website linked to this website is entirely at your own risk. Furthermore, such internet websites that are linked to this website and that are not owned by UDI may have their own terms and conditions of use, privacy policy, rules, regulations, and confidentiality provisions that may differ from UDI's. Any mention of organizations, vendors, products, or services is for informational purposes only. Links from this website do not imply or state a relationship or endorsement between the linked site and UDI. Although we at UDI try to make sure that all prices posted on this website are accurate at all times, we cannot be responsible for typograhical and other errors that may appear on this website. At any time, the content published on this website could be outdated or contain technical inaccuracies. If the posted price for a product or service is incorrect due to a mistake, a typographical or other error, UDI is only responsible for the correct price. UDI reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Furthermore, UDI reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. We at UDI will make every effort to provide you with the most accurate information; however, it is ultimately your responsibility, as a user, to verify that all details listed are accurate. Some images and descriptions posted on our website are the representations provided by manufacturers and/or our suppliers. Please note that the actual products may differ slightly from specifications and/or the pictures contained in our online catalog, viewing areas, or order forms. UDI is not responsible for typographical, pricing, product information, advertising, or shipping errors.
3 Advertised prices, discounts, and available quantities are subject to change without prior notice. CHOICE OF LAW AND VENUE PROVISION UDI operates this website from its main office, within the United States of America, in the State of California. As such, any claim relating to this website shall be governed by the applicable laws of the United States and the State of California. Therefore, you hereby consent to the personal jurisdiction of the state and federal courts located within the State of California, County of Los Angeles, and the appropriate venue therein. If any of the provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, you consent and agree that despite any statute, jurisdiction, controlling law, or law to the contrary, any cause of action or claim arising under, out of, or related to the use of this website, these terms and conditions, or this website's privacy policy must be filed within one (1) calendar year after such claim or cause of action arose, whether you were aware that such a cause of action exists or not. PRIVACY POLICY UDI recognizes the importance of and respects your privacy, and appreciates your trust that we will do so carefully and sensibly. As such, we want you to make the most of this website and to feel confident while doing so. The following discloses the information collection, use and disclosure practices for this website. When you visit the public area of the website, you remain anonymous. However, to the extent you use links via the website to communicate with UDI and provide us with personally identifiable information, however, you will not remain anonymous. Because it is not possible to anticipate every conceivable context in which such information might be provided to us via , UDI cannot provide you any assurance that the personally identifiable information you provide to us via will be maintained as confidential. UDI will not be responsible for any personal information provided to UDI through its website. What Personal Information does UDI gather? The information we learn from customers helps us personalize and continually improve your shopping experience at UDI. Here are the types of information we collect. We ask for personal information in order to provide a product. The information which we ask for is dependent upon the nature of the request being made, but can be summarized as follows: For general inquiries submitted online, we collect an address and/or phone number in order to answer your inquiry; For order placement, we will collect contact information necessary for order fulfillment, such as name, phone numbers, and address. We also collect billing information such as credit card number. With the exception of sensitive billing information, we receive and store all the data which you provide through our website. You can choose not to provide certain information, but then you might not be able to take advantage of some
4 of our features. We use the information that you provide for purposes such as responding to your requests, fulfilling your order, customizing future shopping for you, and improving our store. We will sometimes use the information you provide to communicate with you. If you have requested a sales quote, purchasing quote, or contacted UDI via our website's "Contact Us" page, we will contact you in order to reply to your request. Information Provided by Your Computer Whenever you interact with us we receive and store certain information provided by your computer. The information collected includes statistics about your computer like screen resolution, operating system, and which browser you are using. Information provided about your computer is used by UDI in order to customize our site for your computer. This information is also collected and used to analyze potential changes in our website design. We also collect information about what you did on our website. The information includes the manner in which you arrived at our site (where you came from), what pages you looked at, and how long you looked at these pages. This information is gathered to understand how people use the site in order to evaluate the effectiveness of online marketing and to flag ineffective areas of our website. In order to collect this information we use "cookies." Cookies are small text files that are placed on a visitor's computer hard drive that allow UDI and/or the host of its website to record how many times a user or a computer within a user's network of computers has visited the website, the frequency with which users access various pages of the website, and to track the user's home page customization preferences. Furthermore, UDI collects your Internet Protocol (IP) address. An IP address is a number that is assigned to your computer when you use the Internet. The IP address data that we collect may or may not contain personally identifiable information about you and is used to administer our site, to determine the numbers of different visitors to our site, abuses of the site and to gather broad demographic data. A number of companies offer utilities designed to help you visit websites anonymously. Although we will not be able to provide you with a personalized experience at UDI if we cannot recognize you, we want you to be aware that these tools exist. How Does UDI Share the Information It Receives? Information about our customers is an important part of our business, but we are not in the business of selling it to others. The data that UDI collects in these ways is accessible by certain UDI personnel as well as certain third-party website designers and personnel involved with the third-party service that hosts the website. UDI uses all data that it collects internally and together with its website designer and host in order to improve the website or to identify violators or abusers of the site. UDI personnel may use the data to prepare reports regarding website activity as part of the process of maintaining and improving the site. Cookies also are used to identify prior users to the website in order to provide certain homepage customization preferences and create a more personal viewing experience for the user. UDI does not knowingly collect personally identifiable information from any children under age 13. To the extent permitted by law, UDI will not sell, share, or otherwise disclose any of the information it collects online without your permission. Exceptions are violators of this site and disclosures to third parties who monitor the website, to parties who assist or cooperate in preparing mailings and to third parties with whom UDI may co-sponsor an event (in which case UDI may share attendee lists for
5 purposes of the event). UDI and the host of its website take reasonable security precautions to maintain the privacy of the data that is collected. We share customer information only as described below. Agents: We employ other companies and individuals to perform functions on our behalf. Examples include providing marketing assistance, providing search results and links (including paid listings and links), and real-time processing of credit card payments. These agents are provided the limited access to personal information needed to perform their functions, but may not use it for other purposes. Affiliated Businesses we Do Not Control. In some cases, we may work closely with an affiliated business, such as delivery or messenger companies. In order to process some orders, we will forward customer information related to the specific transaction to a third party. The information shared will be limited to that which is necessary to process the transaction, generally your name, shipping address, and the items you have ordered. Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that UDI or substantially all of its assets are acquired, customer information will be one of the transferred assets. In the event of a change of ownership, affected users will be notified of the change via and given the opportunity to prevent the transfer of any information they have provided to us. Protection of UDI and Others. We release account and other personal information when we believe release is appropriate to comply with the law, to enforce or apply our Conditions of Use and other agreements, or to protect the rights, property, or safety of UDI, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. However, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information of our customers for commercial purposes in violation of the commitments set forth in this Privacy Notice. With Your Consent. Other than as set out above, you will receive notice when your personal information may go to third parties, and you will have an opportunity to choose not to share the information. In order to prevent the compromise of personal information, it is important that you to protect against unauthorized access to your account username, password, and to your computer. Be sure to sign off when finished using a shared computer and do not share your username or password with third parties. How Can I Prevent My Information From Being Collected? The Federal Trade Commission provides useful information about online privacy on its own website, Site Seeing on the Internet. Regardless of where you are located, UDI collects information and processes and stores that
6 information in databases located in the United States. Due to the rapidly evolving technologies on the Internet, UDI may occasionally update this privacy policy. All revisions will be posted to UDI's website. UDI urges you to review its Privacy Policy frequently.
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