Ufulu Child
Terms of Use
Last Updated on August 10, 2020
1. Agreement Between User and ufulu child
Welcome to ufuluchild.com (the “Website”, “Site”). The Website consists of various web pages owned, operated, and maintained by Ufulu Child LLC d/b/a Ufulu Child (“Ufulu Child“, “us”, “our” or “we“). These terms also include UFULUCHILDBLOG.COM, MENTALISMMECHANICS.COM.

PLEASE PRINT, READ THESE TERMS OF USE (“TERMS”) CAREFULLY AND KEEP A COPY OF THIS AGREEMENT FOR YOUR REFERENCE BEFORE ACCESSING, USING, SUBSCRIBING OR PLACING AN ORDER OVER WEBSITE. THESE TERMS TOGETHER WITH OUR PRIVACY POLICY AND RETURN POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU”, "YOUR", “USER”, “CLIENT” OR “CUSTOMER”) AND UFULU CHILD AND SHOULD BE READ CAREFULLY.

THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE GOODS OR SERVICES PROVIDED BY UFULU CHILD, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.

By accessing, using, subscribing, or placing an order over the Website, you signify your agreement without modification to these Terms set forth herein. If you do not agree to these Terms in their entirety, you may not use the Website in any manner or form whatsoever. In addition, when you use any of our current or future services, you will also be subject to our guidelines, policies, terms, conditions, notices and agreements applicable to those services. If these Terms are inconsistent with the guidelines, policies, terms, conditions, notices, and agreements applicable to those services, these Terms will control. Please read these terms carefully, and keep a copy of them for your reference. Any new information, features or tools which are added to the current Website shall also be subject to the Terms. 
2. Privacy, USER ACCOUNTS, AND CONSIDERATION
Your use of the Website is subject to Ufulu Child’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices, at https://ufuluchild.com/privacy.

We respect your privacy and the use and protection of your non-public, personal information. Ufulu Child reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time. Our privacy policy is incorporated into this Agreement by reference.

You must meet all of the following conditions to use the Website: (1) you are the greater of 18 years of age or the legal age of majority in your state or province of primary residence, (2) you have the legal capacity to enter into a contract with us, and (3) you have read this Agreement and understand and agree to its terms. The Website is not intended for use by adults only, although we may sell products for children. If you are under 18, you may use the Website only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

You agree that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.

If you access or use the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Ufulu Child Content accessed or available through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
3. No unlawful or prohibited use/Intellectual Property
All content contained on the Website (collectively, “Content“), such as text, icons, images, graphics, logos, audio clips, video clips, data compilations, digital downloads, and software, is our property or the property of our licensors or licensees. The compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions.

Any service marks, trademarks, trade names, logos, icons, graphics, page headers, and scripts (each, a “Mark“) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that disparages or discredits us or anyone else or that is likely to cause confusion among users. All other Marks not owned by us that appear on the Website are the property of their respective owners, who we may or may not be affiliated with, connected to, or sponsor.

Subject to your continued strict compliance with the Terms, Ufulu Child provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to access the Website for personal use. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by Ufulu Child may be copied, posted, republished, reproduced, downloaded (other than reasonable page caching), uploaded, transmitted or distributed, reverse engineer, used to create derivative works, or sold, resold, visited, or otherwise exploited in any way for any commercial purpose, except that you may download one (1) copy of the Content that Ufulu Child make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) do not modify any of the Content; (b) keep intact all copyright, trademark and other proprietary rights notices; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You may not use the Website for any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

As a condition of your use of the Website, you agree and warrant to Ufulu Child that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Ufulu Child or our licensors except as expressly authorized by these Terms.
4. WEBSITE USER ACCOUNT INFORMATION AND PASSWORD
As a user of Ufulu Child, you will be required to create an account so you can access and use certain areas of the Website. You agree and warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are solely responsible for maintaining the security and confidentiality of any password you may use to access your Ufulu Child user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, any activity conducted, and information conveyed to, Ufulu Child under your user account. Each user who creates an account, resets or uses such provided login information and password shall be deemed to be authorized by you to access and use the Website, and Ufulu Child shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND UFULU CHILD, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING THE PASSWORD AND EMAIL PROVIDED WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.

You agree to immediately notify Ufulu Child of any unauthorized use of your password or user name or any other breach of security related to your user account, or threatened breach of the Website’s security of which you are aware. You agree that Ufulu Child is not liable, and you will hold Ufulu Child harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. 
5. WEBSITE SYSTEM REQUIREMENTS
Use of the Website may require Internet access or other software allowing the downloading and storing of documents, audio and visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“) may be required. 

Ufulu Child may, in its sole discretion, at any time and from time to time, revise, modify, or otherwise change the system requirements for the Website and the format of any downloadable content, in part or in whole, without notice or liability to you whatsoever. Use of Internet access, the Software, or a Device may result in you incurring fees in addition to any fees incurred on the Website, and may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. 

You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to Ufulu Child. 
6. Submissions, TESTIMONIALS, REVIEWS, AND live event mEDIA RELEAsE
Ufulu Child welcomes reviews, testimonials, comments, photographs, videos, communications, message, suggestions, ideas, questions, and any and all other information, content or materials that you post, upload, submit, transmit, share or otherwise send us with Ufulu Child on the Website, by electronic mail, third party services, or otherwise (collectively, “User-Generated Content”), so long as none of these materials are illegal, obscene, inflammatory, pornographic, profane, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a stolen payment information, false e-mail address, impersonate another person or otherwise mislead as to the origin of any content.  

User-Generated Content does not necessarily reflect the experience that you may have using our products. Your results will vary depending upon a variety of factors unique to you, such as your health, genetics, diet, belief systems, economic conditions, and level of exercise.

Accordingly, please do not post, upload, submit, transmit, share or otherwise send us any material that you wish to be kept confidential or do not intend to be subject to the User-Generated Content License described in this paragraph. If you post, upload, submit, transmit, share or otherwise send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We (and our designees, where applicable) also shall have the right (but no obligation) to use the name, city, and state that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, print, publish, display, exhibit, distribute, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). We reserve the right (but not the obligation) to remove or edit any such content, but we may not regularly review posted content. You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.

You represent, warrant and agree that: (1) you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; (2) all such User-Generated Content is accurate; (3) use of such User-Generated Content does not violate these Terms, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and (4) you will indemnify us, our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.

You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.

Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

EACH TIME YOU ACCESS OR PARTICIPATE IN ANY LIVE EVENT IN CONNECTION TO THE WEBSITE OR UFULU CHILD, YOU ARE ACKNOWLEDGING AND AGREEING TO BE PHOTOGRAPHED, RECORDED (AUDIO), AND TO HAVE VIDEO FOOTAGE TAKEN OF YOU BY UFULU CHILD AND ITS PARTNERS.
UFULU CHILD MAY BE PHOTOGRAPHING, RECORDING AUDIO, AND TAKING VIDEO FOOTAGE OF ANY SUCH EVENT. BY ACCESSING THE WEBSITE, LIVE STREAMING PLATFORM (SUCH AS ZOOM), OR EVENT VENUE, YOU GRANT UFULU CHILD ALL RIGHTS TO ANY IMAGE OR AUDIO MADE OF YOU AND THE USE OF YOUR LIKENESS IN PERPETUITY AND IN ALL MEDIA, INCLUDING ADVERTISING AND PROMOTIONAL USES, WITHOUT WRITTEN APPROVAL FROM YOU.
7. Order Payments, Cancellations and Returns
You agree that any products or services that you purchase from Ufulu Child and/or our Website will be used for your personal, non-commercial use. You agree that you will not attempt to or have another person resell, re-distribute, or export any product or service that you order from the Website.

You agree that all advertised prices and all payments shall be in U.S. Dollars. You agree that you will NOT send debit or credit card details to Ufulu Child directly and that ALL debit or credit card transactions shall be processed via our Website or an appropriate payment processor as designated by Ufulu Child. We shall not be held responsible for the security of, or the misuse of, debit or credit card or other personal information. You agree that you are responsible for paying all sums due to Ufulu Child (including any accumulated charges for the past period) in connection with your order. Failure by the user to access or use any of the services available through its subscription to Ufulu Child does not relieve the user of any payment obligations under these Terms. In the event Ufulu Child starts collection processes of any kind, you will be liable for all collection costs, including legal fees and expenses, as well as other applicable taxes.

If you order an Ufulu Child product, enroll in our membership program or hire us for a service, payment must be received by Ufulu Child before your order is accepted, unless you are participating in a free trial period related to a product. If any required information was missing or inaccurate, your order may require additional information. Orders and accounts to any person, geographic region, or jurisdiction may be accepted, denied, modified, suspended, terminated, canceled or limited at any time at the sole discretion of Ufulu Child, and we may pursue any and all available legal remedies from you under applicable law. In the event we deny your order, your payment will be refunded to the card provided at the time of checkout. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us as soon as possible by emailing support@ufuluchild.com immediately in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions. We have the right (but no obligation) to notify you if any item is not available, the expected availability date, and may offer you an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order.

Unless otherwise stated on the Website at the time of purchase, we reserve the right to add applicable shipping and handling fees and taxes to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. For all applicable orders involving shipping physical products, you agree to provide required information such as a valid and accurate shipping address and phone number information. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. You further understand and agree that product or service availability may be limited and particular products or services may not be available for immediate delivery. If your order will be delayed, we will contact you at the e-mail or street address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third party carrier. We reserve the right to reject orders where the stated delivery address is outside the United States.

Ufulu Child reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services at any time without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your paid-for subscription or purchase of product(s) or services will take effect following email notice to you. Ufulu Child takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. You understand and agree, Ufulu Child does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that displayed packaging images or graphics will match the actual product that you receive.

Where we offer you a free or discounted price for a period of time regarding any Ufulu Child product or service prior to charging a periodic membership fee for use and access of such a product or service (hereafter, “Free Trial Membership”), such Free Trial Membership will start immediately after your order has been accepted by Ufulu Child and will continue for the Free Trial Membership offer period as indicated on the Website at the time you submit your order. Free Trial Memberships are only available to new membership subscribers of Ufulu Child and for the limited periods as set out on the Website. Previous membership subscribers or those subscribers who have already benefited from a Free Trial Membership subscription to Ufulu Child do not qualify for a further Free Trial Membership.

If you do not want to continue your membership after your Free Trial Membership comes to an end, you may cancel it by contacting Ufulu Child at support@ufuluchild.com. You must contact us at least 2 business days before your Free Trial Membership period ends with your cancellation request to ensure your subscription does not automatically continue and the payment method that you provided is not charged the full Ufulu Child recurring membership subscription rate provided at the time of enrollment. If the membership subscription rate changes after you are enrolled, we will notify you by email. 

Ufulu Child reserves the right, without prior notice, to cancel membership subscriptions and discontinue applicable products and services related to invoices that are overdue by three (3) days (hereafter, "Late Invoices"). If we are unable to contact you and/or payment is not received within five (5) days of your most recent invoice, we will cancel the membership without refund. Such late invoices will result in continued service, without interruption or membership subscription cancellation during a given billing cycle, if you (a) request to change the membership subscription due date within five (5) days of your latest invoice due date, (b) update your account with current payment and billing information on file, and (c) agree to pay an additional $10 late fee (also referred to as the "Due Date Extension Fee") by your new due date. You may only utilize this option for up to 3 billing cycles in a given 12-month period.

To the extent that your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen cards, we reserve the right to report you to federal, state, local and/or international enforcement authorities and take any additional legal action deemed appropriate by Ufulu Child.

Your use of the Website is subject to Ufulu Child’s Return Policy. Please review our Return Policy at https://ufuluchild.com/returns, which also governs the Website and informs users of our cancellation and return practices.

8. third party sites, Accounts, and services
Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Ufulu Child. You agree that Ufulu Child are not responsible for the contents  or functionality of any Linked Site, including without any limitation links contained in a Linked Site, or any changes or updates to a Linked Site. Ufulu Child may provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ufulu Child of the site or any association with its operators. 

Certain services made available Ufulu Child are delivered by third party sites and organizations. By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that Ufulu Child may share such information and data with any third party with whom Ufulu Child has a contractual relationship to provide the requested product, service or functionality on behalf of Website users and customers.

You may be able to connect your account to third party accounts. By connecting your Ufulu Child account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
9. disclaimerS
THE WEBSITE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UFULU CHILD HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, TIMELINESS, USEFULNESS OR SAFETY).

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU ACCESS OR PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS FROM OR TO THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT, OR MATERIALS CONTAINED ON OR AVAILABLE THROUGH OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.

ALTHOUGH YOU MAY FIND THE WEBSITE AND TEACHINGS, PRACTICES, DISCIPLINES, TECHNIQUES, EXAMPLES, ANECDOTES, INFORMATION, PRODUCTS, SERVICES, AND/OR OTHER CONTENT THEREON OR RELATED TO THE WEBSITE USEFUL, USE OF THE SITE CONSTITUTES AN UNDERSTANDING THAT NEITHER THE WEBSITE OWNERS, UFULU CHILD, NOR EMPLOYEES ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTHCARE PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.

UFULU CHILD IS NOT ENGAGED IN PRESENTING ANY SPECIFIC FINANCIAL, CAREER, LEGAL, ECONOMIC, RELATIONSHIP, PSYCHOLOGICAL, EMOTIONAL, SPIRITUAL, PHYSICAL, HEALTH, OR WELLNESS ADVICE, NOR IS ANYTHING IN THE WEBSITE AN ANALYSIS, RECOMMENDATION, SOLUTION, DIAGNOSIS, PROGNOSIS, OR CURE FOR ANY SPECIFIC CAREER, LEGAL, FINANCIAL, RELATIONSHIP, SPIRITUAL, PSYCHOLOGICAL, EMOTIONAL, PHYSICAL, HEALTH, OR WELLNESS CIRCUMSTANCE OR PROBLEM. EVERY PERSON HAS UNIQUE NEEDS AND CIRCUMSTANCES AND THIS WEBSITE ALONG WITH ALL INFORMATION AND LINKS THEREIN DOES NOT TAKE THOSE INDIVIDUAL NEEDS AND CIRCUMSTANCES INTO ACCOUNT. USERS OF THE WEBSITE SHOULD NOT RELY ON INFORMATION PROVIDED IN OR RELATED TO THE WEBSITE FOR THEIR OWN SPECIFIC CIRCUMSTANCES, ISSUES, AND PROBLEMS. ANY PERSON EXPERIENCING FINANCIAL, LEGAL, CAREER, RELATIONSHIP, PSYCHOLOGICAL, EMOTIONAL, SPIRITUAL, PHYSICAL, HEALTH, OR WELLNESS CONCERNS, OR ANY ANXIETY, DEPRESSION, OR OTHER STRESSOR, ISSUES SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED PROFESSIONAL SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. BEFORE MAKING ANY DECISIONS AND/OR COMMENCING ANY NEW CHANGE, OR FOLLOWING ANY OF THE TEACHINGS, METHODS, SUGGESTIONS, AND OTHER INFORMATION DESCRIBED IN OR RELATED TO THE SITE. THE SITE IS NOT A SUBSTITUTE FOR YOU ENLISTING QUALIFIED, APPROPRIATELY TRAINED PROFESSIONALS TO ASSIST WITH YOUR SPECIFIC CIRCUMSTANCES, ISSUES, AND PROBLEMS YOU MAY HAVE AT THE TIME, NOW, OR IN THE FUTURE. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER QUALIFIED PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE AT THE TIME, NOW, OR IN THE FUTURE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.

BECAUSE ANY WEIGHT LOSS, MINDSET, NUTRITION, SPIRITUAL, HEALTH, OR LIFESTYLE MODIFICATION PLAN CAN RESULT IN SERIOUS INJURY, UFULU CHILD URGES YOU TO OBTAIN A PHYSICAL, PSYCHOLOGICAL, AND EMOTIONAL EXAMINATION FROM A LICENSED DOCTOR BEFORE USING ANY UFULU CHILD PRODUCTS OR SERVICES. YOU AGREE THAT BY USING ANY PRODUCTS OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK. ANY RECOMMENDATION FOR CHANGES IN DIET INCLUDING THE USE OF FOOD SUPPLEMENTS, MEDICINAL PLANTS AND OTHER LIFE FORMS, WEIGHT REDUCTION AND/OR BODY BUILDING ENHANCEMENT PRODUCTS ARE ENTIRELY YOUR RESPONSIBILITY AND YOU SHOULD CONSULT A PHYSICIAN PRIOR TO UNDERGOING ANY DIETARY OR FOOD SUPPLEMENT CHANGES. YOU AGREE THAT YOU ARE VOLUNTARILY PURCHASING PRODUCTS OR SERVICES, PARTICIPATING IN RECOMMENDED ACTIVITIES, AND USING THIS WEBSITE AND ASSUME ALL RISKS OF INJURY, ILLNESS, OR DEATH. UFULU CHILD DOES NOT ASSUME ANY RISK WHATSOEVER FOR YOUR USE OF THE WEBSITE OR THE INFORMATION RELATED TO OR CONTAINED HEREIN.

ECONOMIC, FINANCIAL, HEALTH, CAREER, RELATIONSHIP, EMOTIONAL, PSYCHOLOGICAL, SPIRITUAL, AND/OR WELLNESS INFORMATION CHANGES FREQUENTLY AND THEREFORE INFORMATION RELATED TO AND CONTAINED IN THE SITE MAY BE OUTDATED, INCOMPLETE OR INCORRECT. UFULU CHILD MAKES EVERY ATTEMPT TO PROVIDE ACCURATE NUTRITION AND INGREDIENT INFORMATION FOR EVERY PRODUCT ON OUR PRODUCT LINE. HOWEVER, THERE IS ALWAYS A RISK OF CROSS-CONTAMINATION. THERE IS ALSO A POSSIBILITY THAT MANUFACTURERS OF THE COMMERCIAL FOODS WE USE OR SUGGEST COULD CHANGE THE FORMULATION AT ANY TIME, WITHOUT NOTICE. CUSTOMERS CONCERNED WITH FOOD ALLERGIES NEED TO BE AWARE OF THESE RISKS AND UNDERSTAND THAT THE CONSUMPTION OF FOODS PROVIDED BY UFULU CHILD IS AT THEIR OWN RISK.

STATEMENTS MADE ABOUT PRODUCTS OR SERVICES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION OR MEDICAL PROFESSIONALS, AND OUR PRODUCTS, SERVICES, AND THE INFORMATION ON THE WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY HEALTH PROBLEMS, ILLNESSES, OR DISEASES. THE INFORMATION ON THE WEBSITE OR PROVIDED TO YOU IN EMAILS OR OTHER COMMUNICATIONS IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE. YOU FURTHER UNDERSTAND THAT OUR PRODUCTS AND SERVICES ARE NOT TO BE USED TO TREAT ANY TYPE OF MEDICAL CONDITION OR HEALTH PROBLEM. THE DIETARY NEEDS OF MINOR CHILDREN AND PERSONS WITH MEDICAL CONDITIONS ARE DIFFERENT FROM THOSE OF HEALTHY ADULTS. YOU AGREE THAT YOU EITHER HAVE CONSULTED, OR WILL CONSULT, WITH A PHYSICIAN OR DOCTOR BEFORE USING ANY OF OUR PRODUCTS OR TRYING ANY OF OUR SERVICES, PARTICULARLY IF YOU SUFFER FROM ANY MEDICAL CONDITION INCLUDING, BUT NOT LIMITED TO, HEART DISEASE, HIGH BLOOD PRESSURE, OBESITY, BLOOD CIRCULATION PROBLEMS, BREATHING PROBLEMS, OR ANY OTHER CONDITIONS OR DISORDERS, AND YOU AGREE THAT YOU WILL CEASE IMMEDIATELY FROM USING OUR PRODUCTS IF YOU EXPERIENCE ANY ILL EFFECTS OR UNINTENDED SIDE EFFECTS OF ANY PRODUCT. USE OF THE WEBSITE DOES NOT CREATE AN EXPRESSED OR IMPLIED PHYSICIAN-PATIENT RELATIONSHIP OR ANY OTHER SUCH RELATED RELATIONSHIP. IN USING THE SITE, YOU AGREE THAT NEITHER UFULU CHILD NOR ANY OTHER PARTY IS OR WILL BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DECISION MADE OR ANY ACTION TAKEN OR ANY ACTION NOT TAKEN DUE TO YOUR USE OF ANY INFORMATION PRESENTED ON OR RELATED TO THE SITE.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. IN NO EVENT SHALL UFULU CHILD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

CERTAIN STATE AND JURISDICTION LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

10. Indemnification
You hereby agree to indemnify, defend and hold us, and our licensors, licensees, employees, managers, members, assigns, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability, and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties in connection with, related to or arising out of any breach or alleged breach by you of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
11. LIMITATION OF LIABILITY
WE SHALL NOT UNDER ANY CIRCUMSTANCES (INCLUDING NEGLIGENCE) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS), PERSONAL INJURY (INCLUDING WITHOUT LIMITATION, DEATH OR RELATED TO ANY UNDECLARED OR UNKNOWN MEDICAL CONDITIONS) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) ANY INABILITY TO USE OR THE USE OF THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ONLINE OR OFFLINE ACT OR OMISSION, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, FEES, CLAIMS OF ANY KIND, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, PANDEMIC, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTION, REVOLUTION OR CIVIL STRIFE, PIRACY, CIVIL WAR OR HOSTILE ACTION, ACTS OF PUBLIC ENEMIES, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, TERRORISM, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN ANY SITE, SERVICE, SOFTWARE OR HARDWARE AND THE WEBSITE; OR (B) ANY FAILURE OR DELAY YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS APPLY.

APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

12. COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide Ufulu Child a notice consisting of the following written information specified below: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed; (C) a description of where the material that you claim is infringing is located on the Website; (D) your mailing address, telephone number, and e-mail address; (E) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (F) a statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Ufulu Child can be reached for notice of claims of copyright infringement on the Website as follows:

Ufulu Child
Attn: Legal Department
PO Box 218136
Houston, TX 77218
13. AMENDMENTS
You can review the most current version of the Terms at any time at https://ufuluchild.com/terms. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms, including the Privacy Policy, or Return/Exchange Policy, at any time without notice, and it is your responsibility to review these Terms for any changes. Your access and use of the Website following any change to these Terms will constitute your assent to and acceptance of the revised Terms. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes. 
14. TERMINATION AND OTHER LEGAL PROVISIONS
These Terms are effective (or shall re-take effect) at the time you click “SUBMIT ORDER,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using the Website, whichever is earliest, until terminated by either you or us. You may terminate these Terms prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. If you terminate these Terms, you shall notify us by sending notice of such termination by certified United States mail, postage pre-paid to:

Ufulu Child
Attn: Legal Department
PO Box 218136
Houston, TX 77218

Ufulu Child reserves the right to terminate these Terms (including your access to and use of the Website and any related products or services or any portion thereof, whether paid-for in part or in full) for any reason and at any time without cause and without notice to you, in our sole discretion, and you will remain liable for all amounts due up to and including the date of termination or suspension. Termination will be effective without notice. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. We have also adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these Terms, as well as any representations, warranties, and other obligations made or undertaken by you, which by their nature should survive the termination of these Terms, shall survive such termination.

No failure or delay on the part of Ufulu Child in enforcing any provision of these Terms, responding to a breach by you or others, or in exercising any right, power or remedy under these Terms may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power or remedy under the Terms. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Ufulu Child.

To the maximum extent permitted by applicable law, these Terms and any issue or dispute arising out of or otherwise related to the Terms, our Privacy Policy, or Return Policy, or any matter concerning Ufulu Child is governed exclusively by the laws of the State of Texas, excluding its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Website or any matter related to Ufulu Child. You forever waive any challenge to said courts’ exclusive jurisdiction or venue. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Website. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.

Ufulu Child may assign its rights under these Terms at any time, without notice to you. Your rights arising under these Terms cannot be assigned without our express written consent.

Ufulu Child’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Ufulu Child’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ufulu Child with respect to such use. If any part or provision of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforcement provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect and the remaining provisions will continue in full force and effect.

These Terms and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement between you and Ufulu Child with respect to the Website and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, regarding that subject matter. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
16. Electronic Communications and ELECTRONIC SIGNATURE
Visiting the Website, sending social media correspondence, sending emails to Ufulu Child or communicating with Ufulu Child via other forms of electronic media constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing and signed by the party sending the communication. You further agree and warrant that Ufulu Child has the right to rely upon all information provided to Ufulu Child by you, and we may contact you by email, telephone, social media, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

You further acknowledge and agree that by clicking on a button labeled “SUBMIT MY ORDER”, “PAY NOW”, “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE”, or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Third Party Accounts
You may be able to connect your account to third party accounts. By connecting your Ufulu Child account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Administration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitrators award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Contact ufulu child
Ufulu Child reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. Ufulu Child encourages you to periodically review the Terms to stay informed of our updates. Ufulu Child welcomes your questions or comments regarding the Terms at support@ufuluchild.com.
Copyright 2016-2021 - Ufulu Child - All Rights Reserved