Last Updated: August 6, 2020
UNLESS YOU OPT OUT, THESE TERMS AND CONDITIONS CONTAIN A BINDING CLASS ACTION WAIVER THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.
These terms and conditions of service (the “Terms”) apply to the website located at uvcpurelight360.com (the “Site”). The Site is the property of and operated by UVC Purelight 360 LLC (“UVC,” “we,” “our,” and “us”). By using this Site, including by submitting any information through the Site, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO UVC THROUGH THE SITE.
We may modify these Terms from time to time without prior notice. Any modifications we make are effective as soon as we post them to the Site. You should read these Terms whenever you visit the Site so that you are aware of any modifications. By using the Site after modifications have been posted you agree to be bound by these Terms as modified. We also reserve the right to change, modify, or discontinue any portion of the Site without notice, on a temporary or permanent basis. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance.
Accuracy and Availability
We use reasonable efforts to make sure the Site is accurate, complete, reliable, and updated, but we cannot guarantee that the Site is error free. If we determine that any content on the Site, including product pricing or descriptions, is inaccurate, we reserve the right to take reasonable actions to correct the error, which may include canceling your order, unless prohibited by law. We may change the content of the Site at any time without notice. Your sole remedy in the event of an error is to return the product or according to the terms of the return policy or relevant agreement. We reserve the right to refuse or cancel orders at any time, including in the event of a payment dispute or if you violate these Terms.
Ownership of Content
Our Site includes a combination of content that we and other third parties create. Most of the content available through the Site is trademarked or copyright protected. You may not copy, imitate, or use any content from our Site in any way without our prior written permission or the permission of the respective owner. If you would like to request permission to use any of the content on the Site, please contact us.
Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice
If you believe that any content shown on or transmitted through the Site violates these Terms or your copyright please report the violation to email@example.com] and provide the following information: 1) your contact information (such as address, telephone number, and email address; 2) a description of the copyrighted work you claim has been infringed; 3) an exact description of where the work is located on the Site (including the exact URL); 4) a statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and 5)a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.
Links to Third-Party Sites
We occasionally provide links on the Site to third-party websites. If you use these links, you will leave the Site. We provide these links to you as a convenience, and we do not verify, make any representations, or take responsibility for these third-party websites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, or other activities conducted on or through the third-party websites, including the privacy practices of the third-party websites. Links are not intended to imply sponsorship, affiliation, or endorsement of the linked website or its content. If you believe that the Site links to a website that contains infringing or illegal content or material, please notify us. Accessing any third-party websites linked on the Site is at your own risk, and you should review the privacy policies and the terms and conditions for those third-party websites. YOU AGREE THAT UVC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE OR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE OR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Restrictions on Use of the Site
We provide the Site only for your personal, non-commercial use, and subject to these Terms. In addition to any restriction covered elsewhere in these Terms, it is a violation of these Terms to take any action related to the Site that is illegal, that is harmful or abusive to others, or that violates our rights or the rights of others.
Limitation of Liability
IN NO EVENT WILL UVC, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE; (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (F) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (G) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF YOU CLAIM TO HAVE NOTIFIED UVC ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, UNLESS OTHERWISE PROVIDED FOR BY LAW, THEN THE AGGREGATE LIABILITY OF UVC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE, AND THE CONTENT TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR CONTENT TO YOU WITHOUT THIS LIMITATION.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Disclaimer of Warranties
GOODS PURCHASED ARE NOT GUARANTEED TO PREVENT INFECTION OR SPREAD OF THE CORONAVIRUS, COVID-19 OR OTHER INFECTIONS. UVC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, OR AVAILABILITY CONCERNING THE GOODS. UVC WILL NOT BE RESPONSIBLE FOR ANY DAMAGE AND YOUR USE OF ANY ONE OR MORE PRODUCTS IS ENTIRELY AT YOUR OWN RISK. BUYER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS UVC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND PERMITTED ASSIGNS AGAINST ANY AND ALL LOSSES OR EXPENSES OF WHATEVER KIND, INCLUDING ATTORNEYS’ FEES, RELATING TO, ARISING OUT OF, OR RESULTING FROM USE OF THE GOODS.
THIS SITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
IN ADDITION, UVC MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES THAT (A) THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (B) THIS SITE WILL BE TIMELY, CONTINUOUS, AND WITHOUT INTERRUPTION; (C) THIS SITE WILL BE SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR BE ERROR-FREE; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE, OR RELIABLE; (E) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS; AND (F) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.
UVC HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, ORAL, OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL WARRANTIES OF TITLE, ACCURACY OF DATE, AND/OR NON-INFRINGEMENT, UNLESS OTHERWISE PROHIBITED BY LAW.
TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT WARRANTIES, REPRESENTATIONS, OR GUARANTEES HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED MERELY AS NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THESE TERMS, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
By visiting or using the Site, you agree to be bound by the laws of the State of Florida, without regard to principles of conflicts of law, which will govern these Terms and any dispute of any sort that might arise between you and UVC.
Class Action Waiver
READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you and UVC will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these Terms in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You and UVC further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms or in connection with the Site.
The terms of this provision will also apply to any claims asserted by you against any of UVC’s affiliates, to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
You agree to indemnify, hold harmless and, at our option, defend UVC (including our affiliates, officers, directors, employees, agents, licensors, suppliers, and any third party information providers) from and against all damages, claims, demands, liabilities, losses, costs, and expenses, including reasonable attorney’s fees in connection with or arising out of violation of these Terms, your use of the Site, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with UVC or your use of our Site.
Termination of Right to Use the Site
If you breach any of these Terms, UVC may terminate your right to use the Site. Upon such termination, you shall immediately delete or destroy any copies (electronic or otherwise) of the content or any other materials or information you have obtained from the Site.
No delay or omission by UVC to exercise any right or power occurring upon any breach of these Terms shall impair any such right or power or be construed to be a waiver thereof. A waiver by UVC of any breach of these Terms shall not be construed to be a waiver of any subsequent breach.
The determination that any provision of these Terms is invalid or unenforceable will not affect the validity or enforceability of the remaining provisions or of that provision under other circumstances. Any invalid or unenforceable provision will be enforced to the maximum extent permitted by law.