Conditions
Disclaimers
UBWED assumes no responsibility for the contents of any other website to which this website has links. Links in this website are for the purpose of convenience. UBWED is not responsible for the contents and reliability of the linked websites. To the extent permitted by law, UBWED shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained on this website. While we have taken every effort to ensure that the information contained within this website is correct, the same should not be constructed as a statement of law or used for any legal purposes. UBWED accepts no responsibility for the accuracy and completeness of the contents and you should be aware that the information may be incomplete, inaccurate or may have become out of date.
Health Care Products Disclaimer
All Health Care Products, Medicines, and Services offered by UBWED are not intended to diagnose, prevent, treat or cure any disease and replace your own doctor's advice or any other medical recommendation.UBWED is not held responsible in any shape or form for the applicability of any opinions or recommendations with respect to your symptoms or medical condition. Products or statements on this website have not been evaluated by Food and Drug Administration (FDA).
Errors and Omissions
UBWED makes every effort to ensure the accuracy of the information published on the UBWED Web site. Nevertheless, the web pages published on this site may contain technical inaccuracies or typographical errors. UBWED makes no representations about the suitability of the information presented on this site. All such information is provided "as is" without warranty of any kind. If an error is made and a product is listed at an incorrect price, UBWED shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, UBWED shall immediately issue a credit in the amount of the incorrect price.
Applicable Law
By use of this site you expressly agree that these terms and conditions shall in all respects by governed by the laws of the State of New Jersey and consent to personal jurisdiction and venue in the State of Kansas. Any controversy or claim relating to these terms and conditions shall be brought and venue in the Superior Court of New Jersey or, if federal court jurisdiction is available, in the United States District Court for the District of New Jersey.
Severability
The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation which would render it valid and enforceable.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
a) the use of our Resources will meet your needs or requirements.
b) the use of our Resources will be uninterrupted, timely, secure or free from errors.
c) the information obtained by using our Resources will be accurate or reliable, and
d) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
e) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
f) no information or advice, whether expressed, implied, oral or written, obtained by you from Kcimart or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. UBWED will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party;
3. Contains any type of unauthorized or unsolicited advertising;
4. Impersonates any person or entity, including any UBWED employees or representatives. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
5. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of UBWED and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy and security policy.
6. You agree to indemnify and hold harmless UBWED and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us