` Terms of Service – UBBO

Terms of Service

UBBO, LLC is a personal care product subscription service.

Please read these Terms of Service (collectively with our Privacy Policy, Shipping and Returns Policy, the “Terms of Service”) fully and carefully before using ubbo.shop (the “Site”) and the services, features, content or applications offered by UBBO, LLC (“UBBO”, “we”, “us”, or “our”)(together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.

Acceptance of Terms

(i) By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated herein by reference and each of which may be updated from time to time without notice to you to the extent permitted by the applicable law.

(ii) Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

(iii) These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

Eligibility

You represent and warrant that you are at least 18 years of age. If you are under the age of 18, you may not, under any circumstance or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. The right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation.

Registration for an Account

To enjoy all the benefits of the Services, you must register for an account (an “Account”). Registration is easy, and there is no purchase or commitment needed to register. Simply answer our zip code question to corroborate that we are able to service desired area, use your valid email address and create a password to register your profile. You have the option to sign up for the subscription, at that point you are to select products for the subscription and select interval of shipping cycle in terms of weeks (“Subscription”). If you elect to sign up for a Subscription, we will charge your chosen payment method on a recurring basis per the subscription plan and shipping cycle you established. You are able to modify the subscription at any time before the payment method on your account is charged and the order has been initiated. You are also able to cancel or pause subscriptions at any time. Please refer to our FAQ page for more details on how Subscription works. All information that you provide to register with UBBO is subject to UBBO’s Privacy Policy. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your account password secure. You may never use another person’s user account or register information for the Services without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account. You can delete your account by emailing us at ubbocs@gmail.com.

Product Information; Limitations on Quantities

We strive to ensure that the information on the Site is complete and reliable. Nonetheless, the Site may contain pricing errors, typographical errors and other errors or inaccuracies for which we will not be liable to you or any other person, unless otherwise prohibited by law. We reserve the right to limit quantities purchased by users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledge). We do not guarantee that all Products described on our Site, in our e-mails or in other communications to you (“Products”) will be available.

Content

(i) For purposes of these Terms of Service, the term “Content” includes, without limitations, videos, audio clips, written posts, information, data, text, photographs, imagery, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.

(ii) Notices and Restrictions. The Services may contain Content specifically provided by us, our partners, or contractors and such Content maybe protected by copyrights, trademark, service marks, patents, trade secrets or other proprietary notices, information, and restrictions contained in or relating to any Content accessed through the Services.

(iii) Use License. Subject to these Terms of Services, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for personal, non-commercial purposes. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from us or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party’s right.

Payment and Billing

(i) Paid Subscriptions. Certain of our Services include offering you Products and gift cards for purchase through the Site, and the ability to sign up for Subscriptions. Please note that any payment terms presented to you in the process of you placing an order through the Site or by signing up for a Subscription are deemed part of this Agreement.

(ii) We use a third-party payment processor (the “Payment Processor”) to bill you for charges relating to your Subscription. The processing of payments will be subject to the terms, conditions, and privacy policy of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to place an order through the Site or by signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for your order and/or for any shipments we send you in connection with your Subscription in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using the selected Payment Method. You may change your Payment Method at any time through your Account. We reserve the right to correct any errors or mistakes made by the Payment Processor even if it has already requested or received payment from you. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts owed by you to UBBO upon demand.

(iii) Recurring Billing for Subscription. If you sign up for a Subscription you will be charged for each shipment that we ship to you, unless you opt out of receiving your Subscription before the Payment Processor has charged your Payment Method. To cancel subscription, or otherwise modify your Subscription in any way to be reflected in next shipment, for it to be effective, changes need to be processed before billing cycle initiates and Payment Processor charges your Payment Method for that particular shipment. These changes to your Subscription can be done from your Account. BY CHOOSING TO SING UP FOR A SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS A RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES INCURRED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION OF YOUR SUBSCRIPTION. CANCELLATION OF YOUR SUBSCRIPTION WILL NOT AFFECT CHARGES INCURRED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION DATE. The effective date of your cancellation of your Subscription will be the date when you initiated the request and/or cancellation of the Subscription. You will be charged each billing cycle, determined by you on your Account, before the Subscription order is initiated. Once the Payment Processor has successfully charged your Payment Method your Subscription shipping process is initiated.

(iv) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MOST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (e.g., for loss or theft) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY LOGGING INTO YOUR ACCOUNT SETTINGS OR CONTACTING US AT ubbocs@gmail.com. IF YOU ARE A SUBSCRIBER AND FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR YOUR SUBSCRIPTION UNLESS AND UNTIL YOUR SUBSCRIPTION IS TERMINATED BY YOU. IF YOU FAIL TO UPDATE THE CHANGE OF ADDRESS AND SUBSCRIPTION SHIPMENT IS INITIATED AND EXECUTED, NO REFUND OR REPLACEMENT IS TO BE ISSUED.

(v) Change in Charges. UBBO reserves the right to change the Charges for our Subscription at any time, in our sole discretion, with at least thirty (30) days advance notice to you. Notice will be provided via email. Any agreements you have with your Payment Provider will govern your use of your Payment Method.

(vi) Auto-Renewal for Subscription. If you sign up for a Subscription, your Subscription will automatically renew each billing cycle for successive charges, until you cancel your Subscription.

(vii) Cancellation of Subscription. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY PROVIDING NOTICE TO UBBO BY EMAILING US AT ubbocs@gmail.com, STATING YOUR NAME AND THAT YOU ARE CANCELLING YOUR SUBSCRIPTION. You may also cancel Subscription by logging into your account on the Site and deciding which Subscription to cancel. Your cancellation will be effective immediately. After your cancellation you will still be responsible and charged for any shipments that have been initiated and charged for prior to your cancellation. Once you cancel one Subscription, all of them or your Account, UBBO will not automatically renew your Subscription thereafter.

(viii) Reaffirmation of Authorization. If you are a subscriber, your non-cancellation of your Subscription reaffirms that we are authorized to charge your Payment Method for the applicable Charge each billing cycle, unless you have cancelled Subscription prior to billing cycle.

Shipping, Return and Exchanges

See here for details on Shipping, Returns, & Exchange policy.

Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in forfeiture and destruction of all information associated with your membership. If we terminate your Subscription, we will not charge you for that Subscription after the termination date, except for any shipments already in progress. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, or duty to act regarding:

(i) Which users gain access to the Services;

(ii) What Content you access via the Services;

(iii) What effects the Content of any Product may have on you;

(iv) How you may interpret or use the Content or Products; or

(v) What actions you may take as a result of having been exposed to the Content or Products.

To the maximum extent permitted by applicable law, you release us from liability for you having acquired or not acquired Content or Products through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representation concerning any Content or Products contained in or accessed through the Services and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

THE SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED BY UBBO “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESELLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE PRODUCTS AND RESULTS OF USING THE SERVICES AND PRODUCTS PROVIDED IN SUBSCRIPTION WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK. WE DISCLAIM ANY LIABILITY ASSOCIATED WITH THE USE OF THE PRODUCTS AND YOU AGREE THAT YOU WILL NOT SUE UBBO FOR ANY CLAIM RELATED TO ANY PRODUCTS PURCHASED OR OTHERWISE OBTAINED THROUGH THE SERVICES.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, NOR OU DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIER OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER , SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAW.

IF ITS FINALLY DETERMINED BY COURT OF LAW THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION DOES NOT APPLY TO YOU, THEN YOU AGREE THAT OUR TOTAL LIABILITY IN THE AGGREAGATE FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY ON YOUR BEHALF SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT OF YOUR LAST PURCHASE FROM US, WHICHEVER IS GREATER.

Entire Agreement and Severability

These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersedes all prior contemporaneous communication and proposals (whether oral, written, or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining terms of these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Modifications

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service. If changes are made to the Terms of Service, the revised version will be posted to the site. We also reserve the right to change, suspend, or discontinue the Services (including without limitations, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following posting of a notice to the Site of any changes to their Terms of Service constitutes acceptance of those changes. You can determine when the most recent version of the Terms of Service became effective by referring to the “Effective Date of Terms of Service” at the bottom of this page. We assume no responsibility to you if you fail to check for revisions to these Terms of Service or for your actions or omissions caused by same. No change or alteration in these Terms of Service will be deemed in any instance to be an admission of fault, liability, or violation of applicable law.

Miscellaneous

(i) Force Majeure. We shall not be liable for any failure to fulfil our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitations, mechanical, electronic or communications failure or degradation.

(ii) These Terms of Service are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without your consent.

(iii) No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

(iv) Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day it is sent, if sent for next day delivery by recognizing overnight delivery service.

(v) No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such a waiver through one of our authorized representatives.

(vi) The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

Contact

You may contact us the following email address: ubbocs@gmail.com

 

Effective Date of Terms of Service: 01/13/2023