Terms of Use

Last updated July 2018

These terms of use (“Terms of Use”) are between you and Universal Industries, Inc. (“Universal Industries” or “we”).  These Terms of Use govern your use of our website, mobile applications or any other sites hosted by our service providers on our behalf (collectively the “Sites”).

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING OUR SITES. All users of our Sites agree that access to and use of our Sites are subject to these Terms of Use and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Term

These Terms of Use are applicable to you upon your accessing our Sites. These Terms of Use, or any part of them, may be modified or terminated by Universal Industries without notice at any time, for any reason.  Your continued use of our Sites is subject to the then current Terms of Use in effect. The provisions relating to Copyrights, Trademark, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination.

Use of Site

These Sites are made available to you to provide you with information about Universal Industries’ products, services, and employment opportunities.  No other uses of ours Sites is permitted.  Harassment in any manner or form on our Sites, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Universal Industries or other employee, host, or representative, as well as other members or visitors on our Sites is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on our Sites or use our Sites to solicit others to join or become members of any other commercial online service or other organization.

Typographical Errors

We attempt to describe the products and services featured on this Site as accurately as possible. However, we do not warrant that product descriptions or other content of our Sites is accurate, complete, reliable, current, or error-free.  In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or in the product information, Universal Industries shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

Intellectual Property

The entire content included in our Sites, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Universal Industries. The collective work includes works that are licensed to Universal Industries. Permission is granted to electronically copy and print hard copy portions of our Sites for the sole purpose of placing an order with Universal Industries. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of our Sites solely for your own non-commercial use, or to place an order with Universal Industries Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of our Sites is strictly prohibited, unless authorized by Universal Industries. You further agree not to change or delete any proprietary notices from materials downloaded from the Site. 2018 © Universal Industries.  ALL RIGHTS RESERVED.

All trademarks, service marks and trade names of Universal Industries used on our Sites are registered or common law trademarks of Universal Industries or its suppliers.

Warranty Disclaimer

The sites and the content on the sites are provided BY UNIVERSAL INDUSTRIES "as is" and without warranties of any kind, whether express or implied. Except as expressly stated herein, Universal Industries makes no representations or warranties, either EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS and services SOLD ON OUR SITE.  Universal Industries expressly disclaims all warranties, express or implied, of any kind with respect to the sites, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Universal Industries does not represent or warrant that the product descriptions or other content ON the sites is accurate, complete, reliable, current, or error-free.  Universal Industries does not represent or warrant that the functions contained in the sites will be uninterrupted or error-free, that the defects will be corrected, or that the sites or the server that makes the sites available are free of viruses or other harmful components. BY USING the SITEs, YOU AGREE THAT IN NO EVENT SHALL Universal Industries, its parents and subsidiaries, and their DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO your use of the sites.

Limitation of Liability

in no event shall Universal Industries, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, be liable for aNY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER fROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES on the site, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF the SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT on the site OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITEs, WHETHER BASED ON WARRANTY, CONTRACT, TORT, negligence, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Universal Industries IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

YOU agree to indemnify, defend, and hold harmless Universal Industries, its directors, officers, employees, and agents (collectively the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees) that arise or result from (i) your use of and access to the Site; (ii) your violation of these Terms of use, including, but not limited to, any obligation, representation, or warranty made herein; (iii) your violation of any third party right, including without limitation any intellectual property right, property right, or privacy right; and (iv) your negligence.  This defense and indemnification obligation will survive termination of these Terms & Conditions and your use of the Sites.

Third-Party Links

In an attempt to provide increased value to our visitors, Universal Industries may link to websites operated by third parties. However, even if the third party is affiliated with Universal Industries, Universal Industries has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Universal Industries. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Universal Industries seeks to protect the integrity of its Sites and the links placed upon it, and therefore, requests feedback on its Sites and sites that link to the Sites as well (including if a specific link does not work).

Terms & Conditions of Sale

These Terms of Use are separate from the Terms & Conditions of Sale, which can be found here, that apply to all sales to you by Universal Industries. 

Notice

Universal Industries may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Universal Industries.  You may contact our customer service department anytime by email at Sales@UniversalIndustries.com.

Miscellaneous

These Terms of Use comprises the entire agreement between you and Universal Industries with respect to your use of the Sites and supersedes all prior agreements between the parties regarding the subject matter contained herein.  These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the State of Iowa, without regard to the choice of law provisions of that State. Any claim relating to these Terms of Use must be brought within one year of the date on which the claim arises. Any dispute between the parties relating to these Terms of Use shall be resolved only in the Iowa District Court for Linn County or the United States District Court for the Northern District of Iowa (Cedar Rapids Division).  In the event that any provision of these Terms of Use becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, these Terms of Use shall continue in full force and effect without said provision.  You agree that money damages would not be a sufficient remedy for breach of these Terms of Use and Universal Industries shall be entitled to specific performance for any such breach in addition to any other remedies available to it at law or in equity. No waiver of any term in these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

Last updated July 2018