• "UITOX TERMS OF USE

  • Effective Date: August 30, 2015

  • These Terms of Use (“Terms”) are a legal agreement between you and Uitox Inside Corporation (“Uitox”) that governs your use of the website (the “Site”). Your access to the Site is conditioned upon your acceptance of these Terms and you should not use the Site if you do not agree to these Terms. THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, A DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY; see Sections 6 to 10. You must be a resident of the United States and 18 years of age or older to use the Site. By using the Site, you certify that you are 18 years of age or older and a United States resident.
  • By accessing the Site, you authorize the collection of information about you, computers and devices used to access the Site, your use of the Site, Site performance, and the use, transmission, processing, and storage of that information as described in the Site’s Privacy Policy available athttp://www-us3.uitox.com/BW000147/custom/201511B200000012.

  • 1. Third Party Websites, Products, and Services; Additional Terms.
  • You may need to use or obtain additional products or services in order to access and use the Site, such as a device, internet access, or a data connection. You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission).

  • 2. Appropriate Use of the Site and Content.
  • The Site and all information, materials and other content included on the Site (collectively the “Content”) is provided to you for individual, personal, and non-commercial use. Except for the limited right to view set forth in this Section, you may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign the Site or Content to any third party. Nor may you communicate the Content to the public, remove any proprietary notices on the Site or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Content. You further agree not to interfere with the proper functioning of the Site or Content, not to use the Site or Content in a way that suggests you are a representative of Uitox, and not to use the Site or Content as a platform for external applications. The Site and Content may not be used to develop applications, services, websites, or any other functionalities that leverage the Site or Content. Any scraping, automated access, or other unauthorized access to and storage of Site or Content will result in immediate termination of your access to the Site, your account, and Content. You may not use the Site or Content for any illegal purpose. Use of the Site or Content for any purpose other than what is described in this Section is prohibited.

  • 3. Site Availability.
  • You may access the Site if and when it is available. Uitox does not guarantee availability of the Site or Content. The Site may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law, Uitox reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site and Content at any time and without notice.
  • "
  • "4. Site Support.
  • Uitox has no obligation to provide any support in relation to the Site or Content.

  • 5. Registration, Username, Password and Text Messaging.
  • You may register an account on the Site. If you register, you must provide Uitox with your current, complete, and accurate information. Your account user name and password may only be used by you. You are responsible for keeping your username and password confidential. You agree that Uitox may attribute all use of your username to you and that you are responsible for all activity that occurs with your username and password. Please notify Uitox immediately at service_us@uitox.com if the security of your username or password has been compromised.


  • 6. Warranty Disclaimer.
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. UITOX AND ITS SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE PURCHASE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS DOCUMENT BUT UITOX’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH AND TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.

  • 7. Disclaimer of Certain Damages.
  • IN NO EVENT WILL UITOX OR ANY SUPPLIER BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THE SITE, CONTENT OR THESE TERMS, EVEN IF UITOX OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 7 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 7 MAY NOT APPLY TO YOU.
  • "
  • "8. Limitation of Liability and Exclusive Remedies.
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 6 OR 7, UITOX’S AND ITS SUPPLIERS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THE SITE, CONTENT OR THESE TERMS WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SITE AND CONTENT UP TO $1000. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THE SITE, CONTENT OR THESE TERMS WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

  • SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 8 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION 8 MAY NOT APPLY TO YOU.

  • 9. Independent Remedies.
  • The exclusion of damages under Section 8 is independent of your exclusive remedy in Section 7 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 7 and 8 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

  • 10. Dispute Resolution.
  • For any dispute or claim you may have arising out of or relating to the Site, Content or these Terms, you and we will each give the other the opportunity to resolve it by sending the other a written description along with relevant documents, supporting information and the proposed resolution before pursuing a claim in accordance with Section 12. Notice to us will be sent to the contact in Section 15. We will attempt to notify you in writing if we have your email or mailing address. If we do not have your address we will post a notice in the legal notices section on our web site at www.uitox.com. You and we each agree to negotiate disputes and claims in good faith. If we are unable to resolve the dispute or claim within 60 days after we receive your notice or we mail or post the notice to you, you and we agree that each may pursue the dispute or claim in accordance with the processes outlined in Section 12.

  • 11. Governing Law.
  • The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. Oregon state law will govern the interpretation of these Terms applies to all claims under or for breach of it or relating to the Site and Content (regardless of conflict of laws principles), except where the application of another law cannot be prevented by agreement. All claims where applicable law prohibits the application of Oregon state law (including certain claims under consumer protection laws, unfair competition laws, and in tort) will be governed by the laws of the state where you live in the United States.
  • "
  • "12. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER; AND LOCATION OF DISPUTE RESOLUTION.
  • YOU AND WE EACH AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO SITE, CONTENT OR THESE TERMS BY BINDING ARBITRATION BY A SINGLE NEUTRAL ARBITRATOR OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT. YOU AND WE EACH ALSO AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE SO THE FEDERAL ARBITRATION ACT APPLIES INCLUDING WITH RESPECT TO ANY QUESTION OF WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION (DESPITE THE CHOICE OF GOVERNING LAW IN THIS SECTION). YOU AND WE EACH AGREE TO ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN A STATE OR FEDERAL COURT. YOU AND WE AGREE THAT THE LOCATION OF THE ARBITRATION OR COURT WHERE THE DISPUTE WILL BE RESOLVED WILL BE THE LARGEST CITY IN YOUR STATE WITHIN 200 MILES OF WHERE YOU LIVE. YOU AND WE EACH ALSO AGREE THAT FOR ARBITRATED CLAIMS THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. The American Arbitration Association (AAA) will arbitrate all disputes and the AAA's Supplementary Procedures for Consumer-Related Disputes will apply. You and we each are responsible for our own respective costs relating to the arbitration, except that we will pay the arbitration administrative or filing fees, including the arbitrator fees. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys' fees. If you are unable to resolve the dispute after following the process in Section 11 and you want to arbitrate, to begin arbitration you must send a letter requesting arbitration and describing your claim to the contact listed for us in Section 15.

  • 13. Indemnity.
  • You hereby agree to defend, indemnify, and hold Uitox, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site and Content; (b) any violation of these Terms; or (c) your violation of any other party’s rights or applicable law.

  • 14. Copyright Infringement; Notice and Takedown Procedures.
  • Uitox relies on our users of the Site to bring copyright violations to our attention. If you are aware of infringing material on the Site, please notify Uitox at:

  • PO BOX 23216
  • PORTLAND, OR 97281

  • service_us@uitox.com

  • To be effective, the notice must include the following:

  • • A physical or electronic signature of a person authorized to act on behalf of the owner of the material;
  • • Identification of the copyrighted work claimed to have been infringed;
  • • Identification of the material that is claimed to be infringing including information reasonably sufficient to permit Uitox to locate it on the Site;
  • • Your name and the mailing address, telephone number, and email address where we can contact you;
  • • A statement that you have a good faith belief that use of the material on the Site is not authorized by the copyright owner, its agent, or the law; and
  • • A statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Notwithstanding the foregoing, Uitox does not guarantee any action based upon the receipt of your notice. ALL NOTICES THAT DO NOT COMPLY WITH THE ABOVE REQUIREMENTS WILL RECEIVE NO RESPONSE.
  • "
  • "15. Notices.
  • Uitox may give you all required notices (including legal process) that Uitox is required to give by any lawful method, including by posting notices on the Site or by sending it to any email or mailing address that you provide to Uitox. You agree to provide current and accurate contact information to Uitox and to check for notices posted on the Site. You agree to send Uitox any notice by mailing it to the following address:

  • Uitox Inside Corporation
  • PO BOX 23216, PORTLAND, OR 97281
  • Attention: Customer Service

  • 16. Changes to these Terms.
  • Uitox reserves the right to change these Terms at any time upon notice to you which may be provided by updating these Terms on the Site. You agree to periodically review these Terms for changes and you can review the most current Terms at any time at http://www-us3.uitox.com/BW000147/custom/201511B200000010. Updated Terms are binding on you as of the effective date indicated in our notice. Your continued use of the Site after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them. If, at any time, you do not agree to the Terms, you should stop using this Site.

  • 17. Reservation of Rights.
  • Any and all rights, titles, interests, copyrights, or other intellectual property rights in the Site and Content belong to Uitox or its licensors and suppliers. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

  • 18. General.
  • If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Uitox intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Uitox agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Uitox may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. Uitox’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Uitox if it is in a written document signed by Uitox. Both you and Uitox warrant to each other that, in entering these Terms, neither Uitox or you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Uitox, or Uitox’s successors and permitted assigns, will have any right to enforce any of these Terms.
  • "