TERMS OF SERVICE
Last Modified on November 17, 2020
THESE TERMS OF SERVICE ARE AN ENFORCEABLE CONTRACT BETWEEN US WHICH AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION/CLASS ARBITRATION AND JURY TRIAL WAIVERS, WHICH ARE SET FORTH BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.
Welcome to the Universal Standard Inc. (“Universal Standard”) website located at www.universalstandard.com (the “Site”). Universal Standard provides this Site as a service to our customers. Please read the following terms and conditions (“Terms”) as they govern your use of our Site, which includes using all services and content accessible via our Site or otherwise related in any way to the Site, your communications with Universal Standard, your interactions with Universal Standard’s related social media sites and pages (for example, on Instagram, Twitter, and Facebook) as they relate to the Site, and your purchases of products and services from us, including those made in-person at Universal Standard retail locations. To make these Terms easier to read, the Site and our services and Content are collectively called the “Services.” These Terms are final.
By using our Services in any way, including signing up for promotional mailings and emails, entering into contests, purchasing products from us, and/or registering with our Site, you agree to be bound by these Terms published at such time. If you don’t agree to be bound by these Terms, do not use the Services.
We may update the Terms at any time. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. Changes to these Terms, however, shall not be applied retroactively.
We recommend you print out a copy of these Terms for your records. Upon request by you or us, we each agree to sign and provide to each other a signed copy of these Terms and will not argue that the lack of a physically signed version of the Terms is unenforceable in any way for that reason.
Who May Use the Services?
Eligibility. You may use Services only if you are 18 years or older and capable of forming a binding contract with Universal Standard and are not barred from using the Site under applicable law.
Account Registration and Your Information. If you want to use certain features of the Services, you may need to create an account on our Site (“Account”). For instance, an Account may be needed to register for certain giveaways or promotions that we may offer from time to time or become a member of the Referral Program. You can register for an Account via the Site. Please note that registration with the Site and participation in giveaways and promotions are subject to the Terms.
Accuracy of Account Information. It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information to keep your Account accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone, and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Risk of Loss
All purchases are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Universal Standard’s delivery of such items to the shipping carrier. Except as expressly set forth in these Terms, you are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.
Universal Standard does not directly calculate, invoice, or collect any international taxes, duties, import fees, or related amounts or charges (“International Duties and Taxes”) other than shipping costs at checkout on international orders. You are responsible for paying applicable International Duties and Taxes. Payment of these amounts may be necessary to release your order from customs on arrival. Universal Standard is not responsible for, and will not reimburse, any International Duties and Taxes or related costs (including costs of return shipping) resulting from your refusal or failure to pay International Duties and Taxes. Universal Standard may utilize third-party vendors such as Flow.io to calculate and facilitate International Shipping, Duties and Taxes during the checkout process on our Site. In such instances, International Shipping, Duties and Taxes may be paid at the time of checkout.
UNLIKE DOMESTIC U.S. ORDERS, WE DO NOT OFFER FREE RETURN SHIPPING ON INTERNATIONAL ORDERS. CUSTOMERS ARE RESPONSIBLE FOR THE RETURN SHIPPING BACK TO US. Make sure you keep your tracking information and all necessary paperwork in order. We are not responsible if your package is lost in transit. Please make sure you are ordering the correct size and color as we are not responsible for any mistakes you make at checkout.
We work hard to be as accurate as possible. Errors of any kind, including as to item availability, descriptions, and price, will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted by you or an order confirmation has been sent by us). Please be aware that variations in style, color, size, shape, and look may occur. If a product offered by us is not as described, your sole remedy is to return it to us in unused condition. We also reserve the right to limit the order quantity on any item or to stop selling an item at any time. Please review our return policy at https://www.universalstandard.com/pages/faq.
Fit Liberty is our unique shopping program that encourages you to buy for the woman in the mirror. Not a future you, but you, now. If you purchase any piece from our core collection (items marked with the Fit Liberty logo) and your size goes up or down, we’ll replace it one-time in your new size, within a year of purchase, for free. Pieces that are part of Fit Liberty are identified with a “Fit Liberty” logo. Please note that only pieces purchased directly through Universal Standard (either online at www.universalstandard.com or at one of our showrooms) are eligible to be replaced through Fit Liberty. You have one year from the time of purchase for a one-time replacement of your Fit Liberty piece if your size changes. Valid only on US purchases. For more information, please see our FAQ and if you’d like to make a Fit Liberty exchange please use our Exchange Portal and we’ll send you your new size. Please note that if your desired size or color is unavailable at the time of exchange, you'll receive it as soon as it's back in stock. Final Sale items are excluded from the Fit Liberty Program.
From time to time, Universal Standard customers with an Account may be eligible for a referral credit, discount or other promotion when they share their personalized referral link and the referred customer completes his or her first purchase. Specific details on qualifying for the credit will be detailed on the Referral Program’s page, via email, on our Site or in any related terms and conditions associated with the program or herein. Referral credit may be granted as a Universal Standard discount code and emailed to the referrer as a code within 30 days of the referred order shipping. The credit is non-transferable. Additional details regarding Universal Standard’s Referral Programs can be found on our Site or contacting Customer Service. In making a referral, you agree that you are not acting on behalf of Universal Standard, or as Universal Standard’s agent, representative, or independent contractor.
We reserve the right to review, investigate, and cancel/remove any referral credit as well as suspend users or accounts in instances we identify behavior we believe to be abusive, fraudulent, or not aligned with the spirit of the program, such as: (a) attempts to gain credit through self-referral by opening multiple accounts using different email addresses or by adding identical payment methods to multiple accounts; (b) credit gained by referring customers through paid advertising, sponsored links, posting to commercial sites, or spamming; or (c) a violation of these Terms. The referred customer and the referrer cannot be the same person (for example, by using a different email address), as determined in Universal Standard’s sole discretion. In addition, the referred customer must be a first-time customer and we may restrict referred promotions to individuals based in the United States and limit promotions to one per household. In addition, as a referrer, you agree to comply with all applicable law, including, but not limited to the CAN SPAM Act. Any distribution of your Refer-a-Friend link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your Account and exclusion from Universal Standard’s Refer-a-Friend Program.
We encourage you to share your referral link with friends and family. However, you must not, without permission engage in activity that may be regarded as misleading to Universal Standard customers. We reserve the right to suspend, end, modify, or pause our referral program at any time. If we remove the links to your referral codes, you may not receive referral credit for new people completing their first purchases with us anymore.
Universal Standard may, from time to time, offer promotional/offer codes that are redeemable towards a purchase on the Site, subject to expiration dates, product exclusions and any other restrictions as may be determined and communicated by Universal Standard in its sole discretion (“Discount Codes”). Only valid Discount Codes provided by Universal Standard will be honored. Each Discount Code offered by Universal Standard is (a) is non-transferable, (b) valid for one single purchase on the Site, (c) cannot be combined with other promotions, discounts or offers, and (d) cannot be redeemed for cash or any cash equivalent. Discount Codes cannot be used towards purchase of non-Universal Standard merchandise, taxes, or shipping charges. Universal Standard is not responsible for any unauthorized use of Discount Codes. The monetary value of any Discount Codes will not be refunded or credited back if the product purchased using such Discount Code is returned. Discount Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited by law or otherwise. Discount Codes cannot be used in conjunction with the Universal Standard Refer-A-Friend Program.
All of the content that appears on the Site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by Universal Standard (“Content”) or by third parties from whom we license the Content. We either own or have a license to all such Content. Subject to your compliance with these Terms, Universal Standard grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
“User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).
By making any User Content available through the Services you hereby grant to Universal Standard a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content, in whole or in part, in connection with the Services and Universal Standard’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing or advertising and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (whether now known or hereafter devised). You understand that Universal Standard is not obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content you submit or upload.
Except where prohibited by law, by submitting or uploading User Content through the Services, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any photographs, footage, statements or other work contained in the User Content. You are also agreeing to appoint Universal Standard as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Universal Standard on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Universal Standard-Tagged Media
The Site includes certain Universal Standard pages (e.g., certain of our product pages and “shop insta” page), which extracts content from our users and customers who share photos and other content on Instagram using Universal Standard’s brand hashtags, including, but not limited to #UniversalStandard, #IMUniversal, #NowYouCan, #SetTheStandard, #WorkXUS, #USInTheWild or tagging the Universal Standard Instagram account @UniversalStandard (all such hashtagged or @- labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in Universal Standard’s showrooms/retail locations, email, social media channels, on our Site or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after you terminate your Account or your use of the Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.
Prohibitions on Use of the Services
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) contains any malicious code, including viruses, worms, trojan horses, or any other self-executing script or code or (vii) promotes illegal or harmful activities or substances.
- Use, mirror, display, or frame the Services, or any individual element within the Services, Universal Standard’s name, any Universal Standard trademark, logo or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent, except as is clearly permitted by the functionality of the services;
- Attempt to access or search the Services or Content or download or scrape the Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Universal Standard or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; Attempt to interfere in any way with the Services or Universal Standard’s networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system;
- Collect or store any personally identifiable information from the Site from other users of the Services without their express permission; Use any metatags or other hidden text or metadata utilizing a Universal Standard trademark, logo, URL or product name without Universal Standard’s express written consent;
- Impersonate or misrepresent your affiliation with any person or entity;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Violate any applicable law or regulation; or
- Encourage or enable any other third party or individual to do anything listed above.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org or by reviewing a particular product. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Correction of Site Errors
While we routinely review our Site, the information on the Site may contain inaccuracies or typographical errors. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconvenience this may cause.
You agree to indemnify and hold Universal Standard (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms, your use of the Services, or any activity related to your Account (including negligent or wrongful conduct).
Gift cards are only redeemable if purchased through universalstandard.com or an authorized reseller. We take no responsibility for gift cards purchased from unauthorized resellers and reserve the right to refuse, cancel, or hold gift cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination or for other violations of gift card policies.
Third Party Links
The Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, including all functionality provided by the Site (including the ability to make purchases), at our sole discretion, at any time and without notice to you. You may disable access to your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of such Services or your Account, the following sections will survive: User Content, Payments, Feedback, Disclaimer of Warranty, Limitation of Liability, Dispute Resolution, Governing Law, and General Terms.
The Site and all Services associated with it, any improvements or modifications of the Site and such Services, any derivative works based thereon, and the collection, arrangement and assembly of the Site and all associated Services, are, except as otherwise expressly stated herein, owned exclusively by Universal Standard or its licensors, and Universal Standard (and, as applicable, its licensors) reserve all rights therein. The contents of the Site and all associated Services are protected by United States and worldwide copyright and intellectual property laws and treaty provisions. The trademarks, service marks, trade names, logos, and other identifiers used in or in connection with the Services are the proprietary service marks or trademarks of Universal Standard, its licensors, or third parties, and are protected in the United States and internationally. No copying, modification or use of any of these marks or identifiers may be made without the prior, written authorization of Universal Standard or its licensors (as applicable). Except as expressly set forth above, nothing in this Agreement shall be deemed to grant to you or any other individual or entity any license or right in or to any copyright, trademark, trade secret or other proprietary right, whether owned by Universal Standard, its licensors, or any other person.
DISCLAIMER OF WARRANTY
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTY. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
SOME STATES, INCLUDING THE STATE OF NEW JERSEY, DO NOT PERMIT CERTAIN WARRANTY DISCLAIMERS IN CONNECTION WITH THE PURCHASE OF CONSUMER GOODS. PLEASE CONSULT THE LAWS OF YOUR STATE REGARDING ANY SUCH RIGHTS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER UNIVERSAL STANDARD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UNIVERSAL STANDARD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL UNIVERSAL STANDARD’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO UNIVERSAL STANDARD FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO UNIVERSAL STANDARD, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UNIVERSAL STANDARD AND YOU.
SOME STATES, INCLUDING THE STATE OF NEW JERSEY, DO NOT PERMIT CERTAIN LIMITATIONS OF LIABILITY IN CONNECTION WITH THE PURCHASE OF CONSUMER GOODS. PLEASE CONSULT THE LAWS OF YOUR STATE REGARDING ANY SUCH RIGHTS.
Except with regard to arbitration under these Terms and any disputes related to the requirement to arbitrate, which are governed exclusively by the Federal Arbitration Act as described below, the laws of the State of New York will govern these Terms and the relationship between you and Universal Standard as if you signed or otherwise agreed to these Terms in New York, without regard to New York’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent.
If a lawsuit or court proceeding is permitted under these Terms or otherwise occurs notwithstanding the parties’ agreement to arbitrate, then the parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services or your breach of these Terms. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. If you use the Site from other locations, you are responsible for compliance with applicable local laws.
Our goal is to always provide you with great products and service, so we’ll try our best to resolve any disagreements that you have with us. Universal Standard encourages you to contact us at firstname.lastname@example.org if you have any issues. If we can’t resolve any disagreements informally, then you and we both agree to resolve disputes related to your use of the Services or these Terms as set forth below.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
MANDATORY INDIVIDUAL ARBITRATION; WAIVER OF TRIAL BY JURY. EXCEPT AS PROVIDED BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS, CONTRACTORS, SUBCONTRACTORS, OR EMPLOYEES RELATED TO OR ARISING IN ANY WAY FROM USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, PURCHASES MADE ON THE SITE), WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES (INCLUDING THE JAMS “CONSUMER ARBITRATION MINIMUM STANDARDS”). https://www.jamsadr.com/consumer-minimum-standards/ YOU AND UNIVERSAL STANDARD FURTHER EXPRESSLY WAIVE ANY RIGHT TRIAL BY JURY OR TO PURSUE CLAIMS VIA A CLASS ACTION OR CLASS-BASED ARBITRATION. THIS AGREEMENT IS BINDING ON YOU AND US, AS WELL AS OUR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS.
SOLE EXCEPTION TO INDIVIDUAL ARBITRATION REQUIREMENT: YOU OR WE MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS.
You agree that all arbitrations under this agreement, and disputes related to such arbitrations, involve commerce under and are governed by Federal Arbitration Act (“FAA”), and are not governed by state and local laws, or the laws of other countries, including those concerning or purporting to place limits on the availability or scope of arbitration.
Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would.
You agree that the arbitrator has the authority to and shall resolve all claims and issues arising between us, including, but not limited to, all claims arising under international, federal, state, and local statutory, regulatory, constitutional, and common law.
You further agree that this arbitration requirement covers, but is not limited to, any and all claims arising from or related in any way to your use or receipt of the Services (including your use of the Site), your registration with the Site, your requests to receive advertising or promotions, your purchase of or attempt to purchase products from us, and any communications between us.
YOU ALSO AGREE THAT ARBITRATOR ALSO HAS THE SOLE AUTHORITY TO AND SHALL ADDRESS ALL CLAIMS OR ARGUMENTS BY EITHER PARTY CONCERNING THE FORMATION, LEGALITY, SCOPE, AND ENFORCEABILITY OF THIS ARBITRATION CLAUSE, INCLUDING THE ARBITRABILITY OF ANY CLAIM OR ISSUE ARISING BETWEEN US.
If you initiate an arbitration, we will reimburse you for any standard filing fee required for claims under $10,000. For claims over $10,000, payment of such fees will be by a separate agreement between you and us. If we cannot agree on such payment, the arbitrator will decide how such fees should be paid and by whom. Each party shall be responsible for their own attorneys’ fees except as provided by applicable law or the JAMS rules.
We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the JAMS rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.
To the extent that any other provision of the Terms of Service is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be deemed null and void and the terms of this arbitration agreement shall control with regard to any arbitration between issue.
Small Claims Court. As an alternative, we may bring our claims in your local “small claims” court, if permitted by that small claims court's rules and if such claim is within such court’s jurisdiction. Any such action, however, may not be transferred, removed or appealed to a different court.
Class Action Waiver. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING.
Procedures. In the event that JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association under its Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules").
Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned.
30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms (unless a longer period is required by applicable law), and then you must resolve any disputes against us in accordance with the “Governing Law” section above. Your written notification must be mailed to us at: Universal Standard Inc., 625 Broadway, Floor 4, New York, NY 10012.
If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including, without limitation, the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action.
If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out in this paragraph. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject.
A notification sent pursuant to this paragraph solely affects these Terms; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.
i. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Universal Standard and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Universal Standard. . If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Disputes” section above or by court of competent jurisdiction to the extent expressly allowed by the Terms)), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Universal Standard’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Universal Standard may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Universal Standard under these Terms, including those regarding material modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
iii. Waiver of Rights
Universal Standard’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Universal Standard. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Right to Consult An Attorney.
Questions for US?
If you have any questions about these Terms or the Services, please contact us at US@universalstandard.net.