Universal Security Store Website Terms Of Use
Table of Contents
1. Introduction and Acceptance
www.universalsecuritystore.com ("Website") is an interactive online service operated by eAccess Solutions, Inc. ("us", "we", or "our").
Please read these Terms of Use carefully before using the Website.
By accessing or using the Website (other than to review these Terms for the first time), you agree to comply with these Terms of Use, which may change from time to time.
These Terms include provisions regarding arbitration, limitations of liability, waivers of certain rights, indemnities, and other important legal terms. If you do not agree, do not use the Website or purchase products or services.
You agree that these Terms of Use are supported by valid consideration, including your use of the Website, access to Website materials and information, and the possibility of publication or publicity of User Content, if applicable.
We have also established a Privacy Policy, which explains how information is collected and used. The Privacy Policy is incorporated by reference into these Terms of Use.
2. Intellectual Property
The Website and all included content, enhancements, and derivative works (collectively, "Website Content") are owned by us, our licensors, or both.
Website Content includes, without limitation:
- Text, graphics, illustrations, files, and images
- Software, scripts, technology, and documentation
- Photos, sounds, music, and videos
- Products, services, URLs, and interactive features
All trademarks, service marks, trade names, and trade dress appearing on the Website are owned by us, our licensors, or both.
Except for the limited rights expressly granted in these Terms, you do not acquire any ownership interest in the Website or Website Content. All rights not expressly granted are reserved.
3. Website Access and Use
A. Personal, Non-Commercial Use
Access to the Website and Website Content is provided for your information and personal, non-commercial use only.
When using the Website, you agree to comply with all applicable federal, state, and local laws, including copyright laws.
Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works from, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content without prior written consent from us or the applicable third-party owner.
If we expressly permit downloading or printing of Website Content, you may download or print one copy for your personal, non-commercial use only. No ownership rights are transferred to you.
B. Prohibited Activities
Except as expressly permitted in these Terms, you may not:
- (i)Remove, alter, cover, or distort copyright, trademark, or proprietary notices.
- (ii)Circumvent or interfere with Website security features or usage limitations.
- (iii)Use automated tools such as robots or spiders to copy or scrape the Website without written permission, except public search engines creating searchable indexes to the extent permitted by us.
- (iv)Collect or harvest personally identifiable information, including usernames, passwords, or email addresses.
- (v)Solicit users to join commercial services or organizations without prior written approval.
- (vi)Interfere with proper Website operation or impair, overburden, or disable the Website.
- (vii)Decompile, reverse engineer, or disassemble any part of the Website.
- (viii)Use network-monitoring software to determine Website architecture or extract usage data.
- (ix)Impersonate another user, person, or entity, or encourage unlawful conduct.
- (x)Violate U.S. export laws or regulations.
- (xi)Engage in conduct that restricts or inhibits other users from using or enjoying the Website.
C. Cooperation
You agree to cooperate fully with eAccess in investigating any suspected or actual violation of these Terms of Use.
4. Conditions for Linking to the Website
We grant you a limited, non-exclusive, revocable license to link to the Website home page from a site you own or control, provided that:
- The linking site is not commercially competitive with the Website.
- The linking site does not criticize or otherwise injure us.
- The linking site and related linked locations comply with applicable law.
- The linking site does not contain abusive, defamatory, threatening, obscene, infringing, unlawful, or otherwise inappropriate material.
Any link to the Website does not imply endorsement by us. All rights and remedies are reserved.
5. User Registration
A. Eligibility
To access certain Website features, you may need to become a registered user.
If you are under eighteen (18) years of age, you may not register or participate in any Universal Security contests.
B. Account Information and Security
If you register, you agree to provide true, accurate, and complete information and to promptly update that information if it changes.
During registration, you may create a username and password ("Membership") that allows access to certain Website areas not available to non-registered users.
You are responsible for safeguarding your Membership credentials and for all activity occurring under your Membership, whether authorized by you or not.
You agree to notify us immediately of any security breach or unauthorized use of your Membership at sales@universalsecuritystore.com.
6. Website Content & Third-Party Links
A. Informational Use Only
We provide the Website and Website Content for entertainment, educational, and promotional purposes only.
You should independently evaluate the accuracy, timeliness, completeness, and usefulness of Website Content. We are not liable for losses or damages resulting from reliance on Website Content.
B. Third-Party Content
Some Website Content may be posted by third parties or reflect the opinions of third parties.
We do not endorse, guarantee, or accept responsibility for the accuracy, completeness, timeliness, or reliability of statements made by anyone other than authorized employees or spokespersons acting in their official capacity.
C. User and Third-Party Disputes
If a dispute arises between persons using the Website, or between a Website user and a third party, we are under no obligation to become involved.
You release eAccess and its officers, directors, employees, affiliates, subsidiaries, partners, agents, successors, and related companies from claims, demands, and damages arising from such disputes.
D. Third-Party Links
The Website may contain links to third-party websites.
We do not operate, control, or necessarily endorse third-party websites or their content. You assume sole responsibility for using third-party links.
We are not liable for losses or damages arising from dealings with third parties or their websites.
7. Mobile Services
The Website may offer services accessible through mobile devices ("Mobile Services"), including:
- Uploading content through a mobile device.
- Receiving or sending text messages or other communications.
- Accessing the Website through a mobile browser.
We do not currently charge for Mobile Services. However, your carrier's normal messaging, data, and other rates may still apply.
You should check with your carrier regarding plans, fees, and availability.
By using Mobile Services, you agree that we may communicate with you regarding the Website and our partners by SMS, MMS, text message, or other electronic means, and that certain information about your Mobile Services usage may be communicated to us.
8. Indemnification
You agree to indemnify and hold harmless eAccess and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies from claims, liabilities, losses, damages, obligations, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or related to:
- (i)Your access to or use of the Website.
- (ii)User Content provided by you or through your Membership.
- (iii)Your actual or alleged violation of these Terms of Use.
- (iv)Your actual or alleged breach of any representation, warranty, or covenant made to us.
- (v)Your acts or omissions.
You agree to cooperate fully in the defense of any claim subject to your obligations under this section.
9. Disclaimers
Your use of the Website is at your sole risk.
The Website and Website Content are provided on an "as is" and "as available" basis without warranties of any kind, to the fullest extent permitted by law.
Without limiting the foregoing, eAccess and related parties disclaim warranties including:
- (i)That the Website will meet your requirements.
- (ii)That the Website will be available, accurate, secure, useful, timely, or informative.
- (iii)Title, non-infringement, merchantability, or fitness for a particular purpose.
- (iv)Goods or services received through or advertised on the Website.
- (v)The accuracy or reliability of results obtained from Website use.
- (vi)That Website use will be secure or uninterrupted.
- (vii)That software errors will be corrected.
10. Limitation of Liability
Please read this section carefully. It limits remedies and damages that may be available to you.
A. Excluded Damages
Under no circumstances shall eAccess or related parties be liable for indirect, incidental, special, consequential, or exemplary damages, even if advised of the possibility of such damages, arising out of or relating to the Website or these Terms of Use.
Your sole remedy for dissatisfaction with the Website or Website Content is to stop using the Website.
B. Maximum Liability and Time Limit
Notwithstanding anything to the contrary, cumulative liability of eAccess and related parties shall not exceed the greater of:
- Total payments received from you during the preceding twelve (12) months, or
- $100.
Any cause of action arising out of or relating to the Website or these Terms must begin within one (1) year after the claim accrues, or it will be permanently barred.
C. Jurisdictional Limits
Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, some of the above limitations may not apply. These limitations apply to the fullest extent permitted by law.
11. Termination
A. Our Right to Suspend or Terminate
We reserve the right, in our sole discretion and at any time, to terminate or suspend your Membership and/or block your access to the Website for any reason, including failure to comply with the letter or spirit of these Terms of Use.
You agree that eAccess shall not be liable to you or any third party for termination, suspension, or blocked access.
B. Your Right to Terminate
If you are a registered user, you may terminate your Membership at any time by sending an email to sales@universalsecuritystore.com.
C. Survival of Terms
Termination or suspension does not affect obligations that arose before termination.
Any provisions that by their nature should survive termination will remain in effect, including rights and licenses granted, indemnities, releases, disclaimers, limitations of liability, dispute resolution provisions, no class action provisions, jury trial waivers, and miscellaneous terms.
12. Copyright Policy
A. Respect for Intellectual Property
eAccess respects the intellectual property rights of others and expects users to do the same.
In appropriate circumstances and at our sole discretion, we may terminate or disable Memberships of users suspected of infringing copyrights or other intellectual property rights.
We may also remove or disable access to material on our websites or systems that may be infringing or the subject of infringing activity.
B. DMCA Designated Agent
In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), Title 17 of the United States Code, Section 512, we respond to properly submitted claims of copyright infringement.
Our Designated Agent may be contacted at:
Attn: DMCA Agentc/o Legal Department
eAccess Solutions, Inc.
407 N. Quentin Road
Palatine, IL 60067
sales@universalsecuritystore.com
C. Required Notice Information
If you believe your copyrighted work has been infringed, your written notice should include substantially the following:
- (i)A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right allegedly infringed.
- (ii)Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved.
- (iii)Identification of the material claimed to be infringing and information sufficient for us to locate it.
- (iv)Information sufficient to contact you, such as address, telephone number, and email address.
- (v)A statement of good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- (vi)A statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on behalf of the owner.
We will investigate notices of copyright infringement and take appropriate action under the DMCA.
13. Choice of Law; Jurisdiction and Venue
These Terms of Use shall be construed in accordance with the laws of the State of Illinois, without regard to conflict of laws rules.
Any legal proceedings against eAccess arising out of or relating to the Website or these Terms shall be brought exclusively in the state or federal courts of Illinois located in Cook County.
You waive objections based on jurisdiction, venue, or inconvenient forum.
14. Dispute Resolution; Binding Arbitration
Please read this section carefully.
This section requires many disputes to be resolved through arbitration rather than court proceedings.
In this section only, "we" and "us" refer jointly to you and eAccess.
A. Informal Resolution First
We each agree to first contact the other regarding disputes and provide a written description of the problem, relevant supporting information, and proposed resolution.
You agree to contact us using the address provided in these Terms. We will contact you using the information you have provided to us.
B. Arbitration Agreement
We each agree to finally settle disputes only by arbitration, except where specific exceptions apply.
In arbitration, there is no judge or jury and review is limited. However, the arbitrator may award the same damages or relief available in court and must honor the Terms of Use.
The arbitrator's decision is final and binding, subject to limited review under the Federal Arbitration Act ("FAA").
C. Additional Arbitration Terms
- (i)"Disputes" include claims or controversies related in any way to the Website, Website Content, or these Terms, including claims involving employees, agents, affiliates, or representatives.
- (ii)If either party wants to arbitrate, written notice must be sent describing the dispute, previous efforts to resolve it, supporting information, and proposed resolution. Notice to us must be sent to: eAccess, ATTN: Legal Department, 407 N. Quentin Road, Palatine, IL 60067. If unresolved within forty-five (45) days after receipt, the dispute may proceed to arbitration.
- (iii)The FAA governs this arbitration provision and questions regarding whether a dispute is subject to arbitration.
- (iv)Arbitration will be administered by the American Arbitration Association ("AAA") under its rules unless those rules conflict with these Terms. Information may be obtained from AAA at 1-800-778-7879 or www.adr.org.
- (v)Arbitration will be conducted by a single neutral arbitrator and will take place in New York, NY. Applicable federal or state law will also apply.
- (vi)We each agree not to pursue arbitration on a class-wide basis. Arbitration shall be solely between you and us. If this restriction is found unenforceable, the arbitration agreement does not apply and the dispute must be brought in court.
- (vii)The prevailing party in arbitration may recover costs and expenses, including reasonable attorneys' fees and expert fees.
D. Small Claims Court
Either party may bring qualifying claims in small claims court.
15. No Class Actions
To the extent allowed by law, both parties waive the right to pursue disputes on a class-wide basis or in a representative capacity.
This includes joining claims with claims of others or bringing claims on behalf of others in litigation, arbitration, or other proceedings.
16. No Trial by Jury
To the extent allowed by law, both parties waive any right to trial by jury in any lawsuit, arbitration, or proceeding.
17. Amendment; Additional Terms
A. Changes to Website or Terms
We reserve the right, in our sole discretion and at any time, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use.
We may also provide operating rules or additional terms governing the Website generally or specific portions of the Website ("Additional Terms"). Additional Terms are incorporated by reference.
If Additional Terms conflict with these Terms of Use, the Additional Terms control.
B. Effective Date of Changes
Changes to these Terms or Additional Terms are effective immediately upon notice, including posting on the Website or notification by email or conventional mail.
It is your responsibility to review the Website and Terms periodically.
Your continued use of the Website after changes signifies your acceptance of those changes.
If you object to later revisions, you may terminate your Membership (if applicable) or discontinue use of the Website.
18. Territorial Restrictions
Software related to or made available by the Website may be subject to United States export controls.
No software from the Website may be downloaded, exported, or re-exported:
- Into countries subject to U.S. embargoes.
- To nationals or residents of such countries where prohibited.
- To persons or entities on applicable denied or restricted party lists.
By downloading software, you represent and warrant that you are not prohibited from receiving it under applicable export laws.
The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
19. Miscellaneous
A. Waiver, Severability, and Equitable Relief
Any delay or failure by us to enforce rights under these Terms does not waive those rights.
You irrevocably waive rights to injunctive or other equitable relief to the extent stated in the original Terms.
Section headings are for convenience only and have no legal effect.
If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
B. Entire Agreement
These Terms of Use, together with the Privacy Policy and any Additional Terms incorporated by reference, constitute the entire agreement between the parties regarding the subject matter and supersede prior written or oral agreements on that subject.
C. Assignment
You may not assign these Terms, any rights, or delegate obligations under them without our prior written consent.
Any attempted assignment without consent is null and void.
eAccess may assign these Terms or rights under them without your consent and without notice.
