ACCEPTANCE OF TERMS
PRODUCT AND MERCHANDISE ORDERS
2. By placing an order, you represent and warrant to U-Customized that:
• You are at least 18 years of age;
• If you are an individual consumer, the Product is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the Product to any third party for commercial purposes.
• You will handle, store and transport all Product in accordance with applicable laws and regulations so that the Product is not adulterated in any way. You are solely responsible for and assume all liability arising from any repackaging of the Product.
3. In addition to the general requirements set forth above, by placing an order for custom-printed Product (“Custom Items”) requesting use of a photograph, logo, name, trademark, trade name or other mark (“Customer Marks”), you represent and warrant that:
• You will not submit any "objectionable" material for inclusion on the Custom Items;
• The Customer Marks you submit for inclusion on the Custom Items will not infringe any copyright, trademark, patent, literary, privacy, publicity or other property right of any third party ;
• You are solely responsible for and assume all liability arising from the Customer Marks or other material that you request be included on the Custom Items; and
• You have the unrestricted right to grant the license described below and there are no third party claims challenging the validity or ownership of the Customer Marks.
d. All orders are subject to acceptance by U-Customized. U-Customized must and does reserve the absolute right to reject orders in its sole discretion.
4. Orders for Custom Items are Final. Each order for Custom Items is made to order. Once an order is placed, the order is final and cannot be changed or cancelled.
5. Custom Items may not be returned for credit. If your Custom Item order arrives damaged or incomplete and you notify us of the problem within 10 business days after your receipt of your order, we'll promptly replace the defective Product or provide the missing Product. For other information concerning shipping and returns, please refer to our Customer Service page.
Consequently, if a problem occurs with this UGOBAGS product (the "Product") and the problem is caused by manufacturing defects in material and workmanship, UGOBAGS will, in its discretion, either fix or replace the Product in accordance with the warranty terms and conditions stated herein. The warranty provided for herein applies for two years of the original purchase date. This warranty covers only manufacturing defects and does not cover any damage caused by misuse (such as transportation of unusual items), neglect, accidents, abrasion, exposure to extreme temperatures, solvents, acids, water, normal wear and tear or transport damage (by airlines for example). While non-warranty maintenance or repairs on your Product can be performed by any company, UGOBAGS requires that you use contact UGOBAGS customer service for repair procedure or replacement of the product prior to returning your product. Please call UGOBAGS Customer Service at (855) 753-3885. Improper or incorrectly performed maintenance by unauthorized personnel void this warranty. You are, however, responsible for all costs of getting the Product to UGOBAGS at 23216 Lyons Avenue, Newhall, CA 91321, but not limited to, the cost of packaging, shipping and applicable taxes. For warranty service at a UGOBAGS, you will need the original receipt of purchase. UGOBAGS will determine whether or not the problem is covered by UGOBAGS’s warranty. If the warranty applies, you will be notified as to whether the Product will be repaired or replaced. Any such repair or replacement will be at UGOBAGS’s expense, including any costs required to return the repaired or replacement product to you. If the Product is to be replaced and the Product is no longer available, UGOBAGS will substitute a comparable UGOBAGS product. Incidental and consequential damages are expressly disclaimed. To the extent permitted by applicable law, any implied warranties are hereby excluded. The warranty provided herein is limited to the value of the Product. Manufacturing specifications are subject to change without notice. Inspect your Product immediately after handling by anyone other than you. If damaged in transit, submit a claim to the transit company at the place of arrival, if possible, before clearing customs. This warranty is intended to give you specific legal rights. In addition to the rights described herein, you may also have other rights that vary from state to state or country to country with respect to the exclusion or application of implied warranties, incidental and consequential damages and repair and replacement. Consequently, the limitations or exclusions specifically contained in this warranty may not be applicable to you.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
9. You agree that you will not use U-Customized's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or U-Customized.
10. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of U-Customized Trademarks or the Trademark rights claimed by U-Customized.
11. You agree that you will not use any U-Customized Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
12. You may not at any time, adopt or use, without U-Customized's prior written consent any word or mark which is similar to or likely to be confused with U-Customized's Trademarks.
13. The look and feel of the U-Customized website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of U-Customized and may not be copied, imitated or used, in whole or in part, without the prior written consent of U-Customized.
14. All other trademarks, product names, and company names or logos used or appearing on the U-Customized website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by U-Customized, unless expressly so stated.
15. You may not use a U-Customized trademark, logo, image or other proprietary graphic of U-Customized to link to the U-Customized website without the prior written consent of U-Customized.
16. You may not frame or hotlink to the U-Customized website or any image without the prior written consent of U-Customized.
17. You agree that you shall not:
a. Engage in any conduct that shall constitute a violation of any law or that infringes the rights of U-Customized or any third party.
c. Violate the rights of U-Customized or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
RESTRICTION AND TERMINATION OF USE
18. U-Customized may block, restrict, disable, suspend or terminate your access to all or part of the Site and Content at any time in U-Customized's discretion, without prior notice or liability to you.
LINKS TO THIRD PARTY SITES
19. IN THE EVENT THAT B-CUSTOMIZED PROVIDES LINKS FROM ITS WEBSITE TO ANY THIRD-PARTY WEBSITE OR PERMITS ANY THIRD PARTY TO LINK FROM ITS WEBSITE TO THE U-CUSTOMIZED WEBSITE, YOU SHOULD BE AWARE THAT U-CUSTOMIZED MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT OR PRACTICES OF SUCH THIRD PARTIES OR THEIR WEBSITES. SUCH WEBSITES ARE NOT UNDER THE CONTROL OF U-CUSTOMIZED, AND U-CUSTOMIZED PROVIDES AND/OR PERMITS THESE LINKS ONLY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT, OR ADOPTION BY U-CUSTOMIZED.
WARRANTIES AND DISCLAIMERS
PERSONAL INFORMATION AND PRIVACY
GOVERNING LAW AND JURISDICTION