AGREEMENT BETWEEN USER AND UPZY.COM
Welcome to Upzy.com. The Upzy.com website (the "Site") is comprised of various web pages operated by Upzy.com. Upzy.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Upzy.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting Upzy.com or sending emails to Upzy.com 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, via email and on the Site, satisfy any legal requirement that such communications be in writing.
You are granted a non-exclusive, non-transferable, revocable license to access and use Upzy.com strictly in accordance with these Terms and Conditions. By using this Site, you represent, warrant and covenant that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining a list of users or other information, or to send chain letters or pyramid schemes via this site or (c) attempt to gain unauthorized access to other computer systems through this site; (d) transmit any viruses or any other disabling mechanisms; (e) use this site for any illegal purpose, in violation of any applicable laws or regulations; (f) engage in any Internet activities that would violate the privacy rights of others; or (g) attempt to penetrate security measures of this site, or obtain or bypass others’ passwords. You agree that you will not use this site in any manner that could damage, disable, overburden, or impair this site or interfere with any other party’s use and enjoyment of this site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Upzy.com or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Upzy.com content is not for resale. Your use of the Site 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 will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Upzy.com and the copyright owner. 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 Upzy.com or our licensors except as expressly authorized by these Terms.
If you submit or post a testimonial, comment, review, suggestion or any work of authorship (collectively a “Submission”) to us, including, without limitation, a Submission about our products or services, such Submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such Submission has been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, at our sole discretion, with or without your name.
The Service is controlled, operated and administered by Upzy.com from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Upzy.com content accessed through Upzy.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Upzy.com, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Upzy.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Upzy.com in asserting any available defenses.
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 Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment 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 of this arbitration 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.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Upzy.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
Upzy.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Upzy.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Upzy.com reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Upzy.com as a result of this agreement or use of the Site. Upzy.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Upzy.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Upzy.com with respect to such use. If any part of this agreement 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, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Upzy.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Upzy.com with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement 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.
CHANGE TO TERMS
Upzy.com reserves the right, in its sole discretion, to change the Terms under which Upzy.com is offered. The most current version of the Terms will supersede all previous versions. Upzy.com encourages you to periodically review the Terms to stay informed of our updates.
We offer free shipping to the lower 48 USA states only. We do not offer free shipping to Hawaii or Alaska, or to any destinations outside the USA. In the event of a return/cancelation, we deduct outbound shipping charges from the refund.
Upzy.com does not take responsibility when the item(s) is delivered by FedEx/UPS or any shipping carrier, and the item is reported "lost" or a third party "steals" it from the user's shipping address. Once an order tracking number is provided, it is the user's sole responsibility to track the package and make a full effort to be available to receive the package (unless the shipping carrier loses the package). In a situation where the package is indeed lost and a claim is filed successfully with the shipping carrier, the delivery recipient can either accept a $25 cancellation fee or accept a re-shipment of the item.
For products shipped by freight where the freight carrier needs to make a delivery appointment by calling the user, if the user refuses to be contacted and does not want the product delivered, this is considered rejecting a shipment and the penalties of this rejection will apply (outbound shipping charges, return shipping charges and 15% restocking may apply). If the product cannot be returned as stipulated by certain manufacturers/distributors, then the user waives the right to receive any refund amount as we reserve the right to keep the full amount the user has paid.
ORDER MODIFICATION/CANCELATION POLICY
If you wish to modify or cancel your order, please send an email as soon as possible to firstname.lastname@example.org. We will make every effort to accommodate your request. However, once an order has been submitted we cannot guarantee that the purchase can be modified or canceled, as it may have shipped out already. For a modification or cancelation to be confirmed, users must receive an email notification that the order has been modified or canceled. If no email notification on order modification or cancelation is received, the order is still being processed and will ship.
Once you have received your online order, please refer to our return instructions included with your shipment.
Upzy.com reserves the right to inquire for additional funds (due to shipping or pricing errors/adjustments) on a user's order. Upzy.com also reserves the right to cancel the order and issue a refund if the user does not agree to submit additional funds.
Upzy.com cannot accommodate automatic exchanges at this time. Please return the original item you wish to exchange using the applicable conditions or guidelines for the exchange item. Please note that exchange orders are subject to product availability. We will inform you if we are unable to fulfill your order.
CANCELLATION REFUND POLICY
Order Hasn't Shipped (Regular Products):
Order Hasn't Shipped (Built-To-Order Products):
The admin fee accounts for the manpower hours used to prepare your product, which tend to be large in size. If product is not in stock, you will not be charged this fee.
Order Has Shipped, Buyer's Remorse Return or Refusing A Shipment:
Buyer is responsible for delivery (outbound) and return shipping charges and a minimum 15% restocking fee, unless the shipment comes visibly damaged.
Refunds will be issued to the original credit card or Paypal account that was used when placing your order and may take 3-5 business days to process.
If you are not completely satisfied with your purchase, please email us at email@example.com. We can arrange a return authorization within 15 days of the receipt of your product. The product must be returned in the resale-able and unused condition it arrived in, with its original boxes, for a refund or exchange (no damaged items). Return tracking number must be provided.
Buyer is responsible for all return shipping charges and delivery (outbound) shipping charges will also be deducted from the refund. There is also a minimum 15% restocking fee (of the original order amount, excluding discounts) for all returned items.
Product pictures and specifications may vary with the actual product from time to time. Unless otherwise stated, it should be assumed that products will require some sort of assembly, which Upzy is not responsible for. You can check with us first before your purchase.
There are some products that cannot be returned. These are usually heavy-duty items such as large go karts, UTVs, ATVs, wheelchairs, etc. Due to the nature of the item, the manufacturer/distributor does not allow its return once purchased. Upzy.com will state the non-returnable nature in the product description for these items. Built-to-order items such as standing wheelchairs also cannot be returned, as these wheelchairs are built according to body measurements of the individual user.
Manufacturer's Return Policy Override Ours:
Each manufacturers' return policy may vary and we ultimately adhere to their policy (they override ours). It is important to contact us for further clarification first.
Note that once a returned item has been delivered to the original return shipping address, it may take up to 7-14 business days for a refund to be issued. Once issued, it may take a further 3-5 business days for the funds to be credited back to your account. During this processing time, the user may not file a chargeback/dispute/claim for “Credit not processed”. Please see Inquiries/Chargebacks/Disputes section below for further information.
For any warranty/aftersales issues with your item(s), you can contact us at firstname.lastname@example.org. You may contact the manufacturer/distributor, but Upzy.com must also be informed of any issues. Upzy.com will try our best to resolve any issues in accordance with our and the manufacturer’s/distributor's policies, however we cannot guarantee that it will always be to the user's satisfaction. It is the user's responsibility to work with Upzy.com to resolve any warranty/aftersales issues.
Some items in our store require assembly and potentially some adjustments/modifications/minor fixes to allow it to function to the user’s satisfaction, professional assembly/expertise might be required (depending on the customer’s experience and abilities). Please note that Upzy does not pay or reimburse for any labor or service costs if the item is taken to a professional.
In addition, if user decides to adjust/modify/fix the item themselves using parts they purchased themselves, Upzy does not pay or reimburse for the parts or labor incurred.
Ultimately, user bears sole responsibility for any charges or changes to the product using outsourced labor and non-warranty parts.
By placing an order with Upzy.com, once that order is processed the user agrees to waive the right to file an inquiry/chargeback/dispute/claim with the user's credit card company or with Paypal, under any circumstance. The user agrees to handle any and all issues in accordance with all of Upzy.com's policies. The inquiry/chargeback/dispute/claim process is costly and time consuming for Upzy.com and issues can be resolved in an efficient matter by allowing our team to work with you. The first step is always to contact us at email@example.com for any shipping queries or firstname.lastname@example.org for any warranty/return queries.
The user must not file an inquiry/chargeback/dispute/claim to avoid paying for a return and its associated charges/costs.
Any inquiries/chargebacks/disputes/claims filed with Upzy.com is considered a direct violation of the Terms and Conditions of Upzy.com. Legal action can be taken against the user.
The following are potential reasons for Inquiries/Chargebacks/Disputes/Claims the user agrees not to file. Under the scenario that the user does file an inquiry/chargeback/dispute/claim, the user agrees to adhere to the points summarized below.
A user cannot submit an inquiry/chargeback/dispute/claim with the reason “Fraudulent” without attempting to contact Upzy.com first via email at email@example.com. This will give Upzy.com an opportunity to resolve the issue by refunding the customer if the charge was made erroneously.
A user cannot submit an inquiry/chargeback/dispute/claim with the reason “Unrecognized” without attempting to contact Upzy.com first via email at firstname.lastname@example.org. This will give Upzy.com an opportunity to resolve the issue by refunding the customer if the charge was made erroneously.
A user cannot submit an inquiry/chargeback/dispute/claim with the reason “Duplicate” without attempting to contact Upzy.com first via email at email@example.com. This will give Upzy.com an opportunity to resolve the issue by refunding the customer if the charge was made erroneously.
d) Subscription canceled
Upzy.com does not provide any "subscription" services. Any inquiries/chargebacks/disputes filed under the reason "Subscription canceled" has no merit as it is non-applicable.
Any inquiries/chargebacks/disputes filed under reason "Subscription canceled" are a direct violation of our Terms and Conditions. If one is filed, the customer must return the item at their own cost, in accordance with Upzy.com's policies.
e) Product not received
If there is a delay in shipping or the item(s) is temporarily “lost” in transit, the user must not file an inquiry/chargeback/dispute/claim for “Product not received”. Upzy.com and the manufacturer (shipper) will contact the shipping carrier and determine the status of the package. Only in the rare occasion where the item(s) is declared “lost” by the shipping carrier and the claim with them is subsequently approved, will Upzy.com then refund the customer in accordance with our policies.
Any inquiries/chargebacks/disputes filed under reason "Product not received" are a direct violation of our Terms and Conditions.
f) Product unacceptable
Any inquiries/chargebacks/disputes filed under reason "Product not acceptable" are a violation of our Terms and Conditions. If one is filed, the customer must return the item at their own cost, in accordance with Upzy.com's policies.
Images and specifications of products are subject to change without notification. Please see Product Nature section.
g) Credit not processed
Please check our Refund Policy above. Once a returned item has been delivered to the original return shipping address, it may take up to 7-14 business days for a refund to be issued. Once issued, it may take a further 3-5 business days for the funds to be credited back to the user's account. During this processing time, the user may not file a chargeback/dispute/claim for “Credit not processed”.
Any inquiries/chargebacks/disputes filed under reason "General" are a violation of our Terms and Conditions. If one is filed, the customer must return the item at their own cost, in accordance with Upzy.com's policies.If Upzy.com assesses that the user submitted any inquiry/chargeback/dispute/claim with the intention of getting the item(s) for free or using/renting it for free, this is considered consumer fraud and we reserve the right to report the user to the proper authorities.
MODIFYING REASONS FOR INQUIRY/CHARGEBACK/DISPUTE/CLAIM
If a user does submit an inquiry/chargeback/dispute/claim chargeback with Upzy.com, the user agrees to not modify the reason. For example, if the user originally submits an inquiry/chargeback/dispute/claim with the reason “Product not received”, the user cannot modify it to “Product not acceptable” after a tracking number has been provided to the user and the user has confirmed receipt of the item.
If an inquiry/chargeback/dispute/claim is filed, the user agrees to keep the reason consistent through the process. Any modifications made will alert Upzy.com on potential fraudulent activity. Upzy.com reserves the right to report the user to the proper authorities if such fraudulent activity is detected.
Product images and specifications may vary with the actual product on occasion.
For products such as ATVs and go karts that come with an MSO/MCO, the MSO/MCO document can be provided, but we do not provide any notary and/or signature services for them.
Unless otherwise stated, it should be assumed that all products require some sort of assembly, which Upzy.com is not responsible for. Please check with Upzy.com first before your purchase. If you are not satisfied with product nature, you may return the items per our policy, but you may not file a chargeback/inquiry/dispute.
Built-to-order products will be identified either in the product description or in an email once order has been placed. Users are strongly recommended to contact firstname.lastname@example.org for any clarifying questions when order has been placed. Once the built-to-order process has started for the product and Upzy.com has informed the user, the user may be responsible for up to 50% of the original purchase order amount, excluding discounts, if the user decides to cancel.
Some products may not be in stock even though Upzy.com reflects they are in stock. Upzy.com tries to make stock levels as accurate as possible, however due to the nature of products being shipped directly from the manufacturer/distributor, there may be instances where a product has just sold out and our website is not updated in real time.