Terms of Use
This website is operated by Padly LLC. Throughout the website, we use the terms “we,” “our,” and “us” to refer to Padly LLC. This website, including all information, tools, and services available from or within it, is provided to you, the user, as a privilege, subject to your acceptance of all terms, conditions, policies, and notices set forth below.
By visiting our website and/or purchasing any of our products, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms,” “Terms of Use”), including the terms, policies, and provisions referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the website, including, without limitation, individuals who are visitors, vendors, customers, merchants, and/or content providers.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using the website or any part thereof, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use its services. If these Terms of Use are considered an offer, the user's acceptance is expressly limited to these Terms of Use.
New tools or features added to this store are also subject to the Terms of Use. You can find the latest version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc, which provides the online e-commerce platform we use to sell our products and services.
PART 1 - ONLINE STORE TERMS OF USE
By agreeing to these terms of use, you represent that you are at least the age required to use this site in your jurisdiction and that you have given us permission to allow a minor in your care to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You shall not transmit any worms, viruses, or code of a destructive nature.
Failure to comply with or violation of any of the terms will result in immediate termination of your services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right, at any time and for any reason, to refuse service to anyone.
You understand that your content (excluding credit card information) may be transferred unencrypted and that this (a) includes transfers across different networks; and (b) changes made to comply with and adapt to technical requirements of networks or devices. Your credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit in any way the Service or any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings in this agreement are included for convenience only and do not limit or affect these terms in any way.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information on this website is inaccurate, incomplete, or out of date. The content on this website is intended for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting more complete, accurate, comprehensive, or current sources of information. If you rely on the content of this website, you do so at your own risk.
This website may contain historical data. Historical information, by definition, is not current and is provided for reference purposes only. We reserve the right to modify the content of this website at any time, but we are under no obligation to update the information contained herein. You acknowledge that it is your responsibility to monitor changes to our website.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.
We shall not be liable to you or any third party for any price changes or for the change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may be available only online through the website. The quantities of such products or services may be limited, and their return or exchange is strictly subject to our return policy.
We make every effort to display as accurately as possible the colors and images of products in the store. However, we cannot guarantee the accuracy of the colors displayed on your computer monitor.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We reserve the right to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer for any product or service made on this website is void where illegal.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse orders. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may also apply to orders placed by or under the same customer account, the same credit card, and/or orders with the same billing and/or shipping address.
f we change or cancel an order, we will attempt to notify you by contacting you at the email address and/or billing address or phone number you provided when placing the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or wholesalers.
You agree to provide current, complete, and accurate information for your purchase and account for all purchases made in our store. You agree to update your account and other information, including email address and credit card numbers and expiration dates, so that we can complete transactions and contact you if necessary.
Please see our Return Policy for more information.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not supervise, control, or manage.
You acknowledge and agree that access to such tools is provided “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any assistance. We are not liable for anything that happens as a result of or in connection with your use of optional third-party tools.
Any use of the optional tools offered through the website is at your own risk. It is also your responsibility to familiarize yourself with the terms and conditions under which such tools are offered by the relevant third-party providers and to accept those terms and conditions.
We may also offer new services and/or features through the website in the future (including the release of new tools and aids). These new services and/or features will also be subject to these terms of use.
ARTICLE 8 - LINKS TO THIRD PARTIES
Certain content, products, and services available through our service may include elements from third parties.
Links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party websites or third-party content, products, or services.
We are not responsible for any harm or damage resulting from the purchase or use of any goods, services, resources, content, or other transactions made in connection with such third-party websites. Please review carefully the policies and practices of these third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those third parties.
SECTION 9: COMMENTS, OPINIONS, AND OTHER SUBMISSIONS
If, at our request, you send specific content (for example, as part of your participation in contests), or if, without our request, you send creative ideas, suggestions, plans, or other materials, whether online, by email, by postal mail, or by any other means (collectively, “Comments”), you grant us the right to edit, copy, publish, distribute, translate, and otherwise use all Comments you submit, at any time and without restriction. “Comments”), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use all comments you submit to us in any medium. We are not and will not be obligated to (1) maintain the confidentiality of any comments; (2) compensate anyone for any comments; or (3) respond to any comments.
7. We may, without liability, remove content and accounts that contain content that we, in our sole discretion, deem illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes the intellectual property rights of any party or these Terms of Use.
You agree that your comments will not infringe the rights of third parties, including copyright, trademarks, privacy, personality, or other personal or intellectual property rights.
Furthermore, you agree that your comments will not contain illegal, offensive, or obscene content, or computer viruses or other malicious software that could in any way affect the operation of the Service or associated websites. You may not use a false e-mail address, impersonate any person, or otherwise mislead us or third parties as to the origin of any comments. We disclaim any responsibility for comments submitted by you or third parties.
ARTICLE 10 - PERSONAL INFORMATION
The transfer of your personal information in our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 - ERRORS, INACCURACIES, AND OMISSIONS
From time to time, our website or service may contain information that contains typographical errors, inaccuracies, or omissions regarding product descriptions, prices, promotions, offers, shipping, delivery times, and availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if the information on the Service or any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are not obligated to update, modify, or clarify information on the Service or any related website, including, without limitation, pricing information, unless required by law. No specified update or revision date indicated on the Service or any related website indicates that all information on the Service or any related website has been modified or updated.
SECTION 12 - PROHIBITED USE
In addition to other restrictions set forth in the Terms of Use, you are prohibited from using the website or its content
(a) for any illegal purpose; (b) to incite others to commit or participate in illegal acts; (c) to violate any local, international, federal, provincial, or state rules, regulations, or laws; (d) to infringe or violate our intellectual property rights or those of any third party (e) to harass, abuse, insult, defame, disparage, intimidate, or discriminate against any person on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability (f) to submit false or misleading information
(g) to upload or transmit viruses or other harmful code that affects or may affect the functionality or operation of the Service or any associated website or other websites or the Internet; (h) to collect or locate personally identifiable information about others; (i) to send spam, phish, hijack, extort information, browse, search, or scan the World Wide Web; (j) for obscene or immoral purposes; or (k) to impede or circumvent the security measures of the Service or any affiliated website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any affiliated website for violation of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee that the use of our Service will be uninterrupted, secure, timely, or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may suspend the Service at any time for an indefinite period or terminate it at any time without notice.
You expressly agree that your use of the Service or inability to use it is at your sole risk. The Service and all products and services offered through it are provided (unless expressly stated otherwise by us) “as is” and “as available” for your use, without representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstances shall PADLY LLC, its officers, directors, employees, affiliates, agents, subcontractors, interns, suppliers, service providers, and licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages, loss, claims, or damages, including, without limitation, loss of profits, revenue, savings, or data, replacement costs, or other similar damages, whether in contract, tort (including negligence), including, but not limited to, errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if advised of the possibility of such claims.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
ARTICLE 14 - INDEMNIFICATION
You agree to indemnify and hold harmless PADLY LLC and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, subcontractors, licensors, service providers, subcontractors, suppliers,
interns and employees against any claim or demand, including reasonable attorneys' fees, made by any third party due to your breach of these Terms of Use or the documents referenced herein, or your violation of any law or the rights of a third party.
ARTICLE 15 - SEVERABILITY
If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall remain enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Use, without affecting the validity and enforceability of the remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use shall remain in effect until terminated by either you or us. You may terminate these Terms of Use at any time by informing us that you no longer wish to use our services or when you cease using our website.
If we determine or suspect, at our sole discretion, that you are violating or have violated any of the terms or provisions of these Terms of Use, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to the date of termination, and we may deny you access to our services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
If we do not exercise or enforce any right or provision of these Terms of Use, it will not constitute a waiver of such right or provision.
These Terms of Use or other company policies or rules posted by us on this website or in connection with the service constitute the entire agreement and understanding between you and us and govern your use of the service. They supersede all prior and contemporaneous agreements, notices, and proposals, oral or written, between you and us (including, without limitation, all prior versions of the Terms of Use).
Ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
ARTICLE 18 - APPLICABLE LAW
These Terms of Use and any separate agreements under which we provide the Services shall be governed by and construed in accordance with American law.
ARTICLE 19 - MODIFICATIONS TO THE TERMS OF USE
You can consult the latest version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting any updates and/or modifications to our website. It is your responsibility to check our website periodically for changes.
Your continued access or use of our website and the service following the posting of changes to these terms of use constitutes acceptance of those changes.
ARTICLE 20 - CONTACT
Questions regarding the terms of use may be sent to info@ultipad.com.