Last Modified: May 25, 2021
3. Intellectual Property. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by UAG, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not: (a) modify copies of any materials from this Site; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site; or (d) access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
4. Trademarks. UAG’s name, the terms UAG and URBAN ARMOR GEAR, UAG’s logos, and all related names, logos, product and service names, designs, and slogans are trademarks of UAG or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
We cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
9. Copyright Infringement. We take claims of copyright infringement seriously. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the accounts of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to our designated agent:
Urban Armor Gear, LLC
Attn: DMCA Agent
28202 Cabot Road, Suite 300
Laguna Niguel, CA 92677
Phone: (949) 395-2314
10. Links. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We do not monitor or review the content of other parties’ websites which are linked from this Site. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other website connected to this Site or accessed through this Site yourself, before disclosing any personal information to them. UAG will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
12. Restrictions. The owner of the Site is based in the state of California in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We have made every effort to represent the attributes of the products we sell on the Site in a realistic way and display the product as it would appear in reality. However, variations in individual computer monitors may affect the accuracy of how the product is portrayed. We do not warrant that products will be accurately displayed on your computer equipment or that product descriptions or any other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary from those offered elsewhere. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our range may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
We will charge your payment method for an item when we ship the item to you; provided, however, that we will preauthorize your order amount (including for pre-orders) with your payment method at the time you place the order, which may have an effect on your available credit line. If a preauthorization of a pre-order expires before fulfillment, the preauthorization will be reversed and another preauthorization will be made closer to the confirmed availability date. Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, cancel, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order within 10 business days. Orders are eligible to be returned up to 30 days from the original purchase date. Once 30 days have passed, UAG will not be able to provide a refund or exchange.
14. Disclaimer of Warranties; Limitations of Liability; Time for Filing.
14.1. EXCEPT FOR THE LIMITED LIFETIME WARRANTY(APPLICABLE ONLY TO PRODUCTS PURCHASED THROUGH THE SITE AND SHIPPED TO AN ADDRESS WITHIN THE UNITED STATES), YOUR USE OF THE SITE, ITS CONTENT, AND ANY PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. EXCEPT FOR THE LIMITED LIFETIME WARRANTY (APPLICABLE ONLY TO PRODUCTS PURCHASED THROUGH THE SITE AND SHIPPED TO AN ADDRESS WITHIN THE UNITED STATES), THE SITE, ITS CONTENT, AND ANY PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UAG NOR ANY PERSON ASSOCIATED WITH UAG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER UAG NOR ANYONE ASSOCIATED WITH UAG REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
14.3. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UAG OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCT OR ANY THIRD-PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, OR LOSS OF USE OF THE PRODUCT OR ANY THIRD-PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, EVEN IF UAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UAG HAS NO LIABILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE OR FOR ANY DAMAGE OR DESTRUCTION TO CONSUMER ELECTRONICS DEVICES OR OTHER PERSONAL PROPERTY THAT ARE IN THE PRODUCTS (E.G. LAPTOPS, CELL PHONES, MP3 PLAYERS, DVD PLAYERS OR HANDHELD DEVICES) OR ANY LOSS OF DATA CONTAINED IN THE FOREGOING DEVICES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE AGGREGATE LIABILITY OF UAG AND ITS AFFILIATES AND SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PARTICULAR PRODUCT UNIT THAT IS ALLEGED TO HAVE CREATED LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14.4. THE TERMS OF SECTIONS 14.1-14.3 DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14.5. YOU AGREE THAT ANY CLAIM AGAINST UAG MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (16.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (16.2.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16. Choice of law, mandatory arbitration, and venue
16.2. ARBITRATION AGREEMENT. The terms of this Section 16.2 apply only to users in the United States.
16.2.2. Exceptions. Notwithstanding Section 16.2.1, you and UAG both agree that nothing in this Section 16 will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Section 16 does not prevent you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
16.2.3. No Class Or Representative Proceedings: Class Action Waiver. YOU AND UAG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and UAG agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
16.2.4. Arbitration rules. Either you or we may start arbitration proceedings. Any arbitration between you and UAG will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Section 16. You and UAG agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above).
Any arbitration hearings will take place in County of Orange, State of California, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, UAG will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. UAG will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
17.5. Notices. Communications made by e-mail or though this Site shall in no way be deemed to constitute legal notice to UAG regarding any existing or potential claim, or cause of action against us or any of our divisions, subsidiaries, affiliated companies, officers, employees, agents, or representatives, where notice is required by any federal, state or local laws, rules or regulations. We may send notices to you at the most recent address(es) we have in our files. Notices to UAG may be sent as follows:
Urban Armor Gear, LLC
Attention: Customer Team
1601 Alton Parkway Suite C
Irvine, CA 92677