UCARI

TERMS AND CONDITIONS

Date of Last Revision: January 31, 2023

Welcome to the website created and maintained by UCARI, Inc. This site is maintained as a service to our customers and used by UCARI to market and sell its intolerance testing kits and other products and services (collectively the “Products”). By accessing or using the website, social media and other digital marketing and communications platforms (collectively, the “Sites”) provided by Ucari or our subsidiaries or other affiliates (collectively, “UCARI,” “we,” “us” or “our”) that link to these terms and conditions, you agree to be bound by these terms and conditions and all of the terms incorporated herein by reference. 

These terms and conditions are important and affect your legal rights, so please review them carefully. If you do not agree to these Terms, you should not use this site.

1. Agreement.

These terms and conditions (the “Terms”) specify and describe the terms and conditions for access to and use of the Sites. These Terms may be modified at any time by UCARI upon posting of the modified Terms. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of these Terms.

2. Privacy. 

In addition, when using our Sites, you shall be subject to any posted policies, guidelines or rules applicable to use of the Sites and any service provided by the Sites, including, but not limited to, our Privacy Policy. All such policies, guidelines and rules are hereby incorporated by reference into these Terms. You can review our Privacy Policy at any time by visiting https://ucari.com/privacy-policy.

3. Ownership. 

All content included on this site, including but not limited to any UCARI logos, slogans, products, services, graphics, button icons, scripts, page headers, or any other trademark, service mark, or proprietary information, is and shall continue to be the property of UCARI or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these Terms. You may not use any meta tags or other “hidden text” utilizing “UCARI” or any other name, trademark, or Product or service name of UCARI without our prior written permission. Reference to any Products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by UCARI. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

4. Intended Audience. 

YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE THIS WEBSITE. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS SITES FOR ANY PURPOSE. IF YOU HAVE BEEN PREVIOUSLY SUSPENDED FROM THE SITES FOR VIOLATING THE TERMS, OUR COMMUNITY GUIDELINES, OR PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THE SITES FOR ANY PURPOSE. UCARI RESERVES THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION TO DENY ANYONE WHO VIOLATES THESE TERMS ACCESS TO THE SITES AND PRODUCTS, WITHOUT NOTICE.

5. Community Guidelines

In addition to the Terms set forth herein, you hereby agree to comply with UCARI’s Community Guidelines set forth below. These Community Guidelines are to ensure additional protections for you and others who use our site. You agree that:

• You will not use the Sites or the Platform for any unlawful purposes;
• You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:
  • is false, deceptive, misleading, deceitful, or misinformative;
  • infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity;
  • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
  • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
• You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Sites or Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Sites; and
• You will not interfere with or attempt to interrupt the proper operation of the Sites by using any virus, device, information collection or transmission mechanism, software, or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data.
• You will not violate these Terms.

If you find something that violates our Community Guidelines, please notify UCARI, care@ucari.com, immediately and we will review the potential violations and take any and all appropriate steps necessary to ensure compliance with these Terms and Community Guidelines.

6. Compliance with Laws.

You agree to abide by all Federal, State, and local laws. If you are outside the United States you agree to comply with all local laws with respect to online conduct, as well as the export of data to the United States or to your country or residence. You further agree that the information provided by you is truthful and accurate to the best of your knowledge.

7. Personal and Non-Commercial Use of Website.

The Sites are for your personal and non-commercial use, unless otherwise specified. You may not use any service provided by the Sites for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of UCARI. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, Products or services obtained from or otherwise connected to the Sites.

8. License to Access and Use Our Sites and Content

Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the Ucari logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 9), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Ucari or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell, or use commercially the Sites or Content, (b) distribute, publicly perform, or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots, or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Ucari or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by Ucari or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

9. User Content

The Sites may include interactive features and areas that allow users to create, post, share, or store content, including but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items, or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the Sites or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites. By using the interactive features and areas of the Sites, you further agree not to create, post, share, or store any User Content that violates these Terms, the Community Guidelines, or any other posted guidelines or policies, including the Privacy Policy, or other rules that may apply when you visit the Sites. 

We are not responsible or liable for any User Content. Although we have no obligation to screen, edit, or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.

10. Rights in User Content

We do not claim any ownership interest in your User Content. However, by uploading, posting, or submitting User Content to the Sites, including to our pages or feeds on third party social media platforms (e.g., Facebook, Instagram, LinkedIn, Pinterest, Twitter, TikTok or any other future third party social media platforms), you hereby grant UCARI a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content, in whole or in part, and your name, likeness, voice in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic, and other commercial and noncommercial purposes.

By uploading, posting, or submitting User Content to UCARI through the Sites, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Ucari to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation, or third-party right.

11. Use of Information.

UCARI reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

12. Trademarks. 

You acknowledge UCARI’s exclusive rights in the UCARI trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on these Sites are the property of UCARI or the party that provided such intellectual property to UCARI. UCARI and any party that provides intellectual property to UCARI shall retain all rights with respect to any of their respective intellectual property appearing on any of the Sites, and no rights in such materials are transferred or assigned to you.

13. Notice of Copyright Infringement 

If you believe that anything on the Sites infringes any copyright that you own or control, you may file a notification of such infringement, as required under the digital Millennium Copyright Act, with our designated agent as set forth below:

Name of Designated Agent: Carlos J. Burruezo

Address: Ucari, 911 Outer Rd, Suite A, Orlando, FL  32814

Email: care@ucari.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs, and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

14. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold UCARI, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all actual, alleged, and resulting loss, damages, judgments, awards, expenses, attorneys’ fees and costs, including but not limited to court costs, costs of settlement, or cost of pursuing indemnification and insurance of the Indemnified Parties in connection therewith, whether known or unknown, foreseen or unforeseen, or in law or equity. You further agree to promptly notify UCARI of any third-party claims and to cooperate with the Indemnified Parties in defending against such claims. You further agree that the Indemnified Parties shall have control of the defense or settlement of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and UCARI.

15. Disclaimers

YOUR USE OF THE SITES IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE SITES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. UCARI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. UCARI DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE SITES OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UCARI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND UCARI MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITES AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES, ANY SERVICE, OR ITS CONTENT. UCARI MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITES. WE DO NOT GUARANTEE THE ACCURACY OF THE PRODUCTS AND OTHER MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT AND TO MODIFY, SUSPEND, OR STOP PROVIDING ACCESS TO THE SITES (OR ANY FEATURES OR FUNCTIONALITY OF THE SITES) AND THE PRODUCTS AT ANY TIME WITHOUT NOTICE AND WITHOUT OBLIGATION OR LIABILITY TO YOU.

16. Limitation of Liability. 

UNDER NO CIRCUMSTANCES WILL UCARI BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SIT USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, and the exclusions of liability in these Terms directly conflict with such laws, then the exclusions may not apply to you.

17. Modification and Termination of the Sites. 

UCARI reserves the right, at its sole and absolute discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, Products, or any other service provided by the Sites (or any part thereof) with or without notice. You agree that UCARI will not be liable to you or any third party for any modification, suspension or discontinuance of the Sites, Products, or any other service provided by the Sites.

18. Arbitration and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. By agreeing to these Terms, you agree that any and all disputes, controversies, or claims (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) arising under or relating in any way to this agreement, to the contractual relationship established by these Terms, or to our Products, Sites, or services shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association’s then-existing rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/Rules), except that you may assert individual claims in small claims court, if your claims qualify. You and UCARI each expressly waive any right to trial by jury and the right to participate in a class action lawsuit or class-wide arbitration. Neither you nor UCARI shall be permitted or entitled to join or consolidate claims by or against others or arbitrate or otherwise participate in any claims as a class member or class representative. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If a court decides that any provision of this Section is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or Ucari be permitted to participate in a class action lawsuit or class-wide arbitration.

19. Governing Law and Venue. 

If there is any dispute about or involving the website or the Terms of Use, you agree that any dispute shall be governed according to Section 18, and by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Orange County, Florida.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

20. Severability. 

If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

21. Waiver.

The failure of UCARI to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by UCARI must be in writing and signed by an authorized representative of UCARI.

22. Entire Agreement.

These Terms constitute the entire agreement between you and UCARI and governs the terms and conditions of your use of the Sites, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and UCARI with respect to the Sites. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policed (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Sites. UCARI may revise these Terms at any time, and for any reasons. Accordingly, you should visit the Sites and review the Terms periodically to determine if any changes have been made. Your continued use of the Sites after changes have been made to the Terms signifies and confirms your acceptance of any such changes or amendments to these terms.

23. Contact Us.

If you have questions or concerns about this Privacy Policy, you can send an e-mail to care@ucari.com.