The following terms and conditions (“Terms”) apply to products or services transactions (“Transactions”) on the Unification website (“Site”). “Unification” means Unification Technology LLC, a California based company, maintaining its principal place of business at 48015 Purpleleaf St., Fremont, CA 94539, United States of America (references to “us”, “we” or “our” being construed accordingly). “You” or “Your” refers to the individual who has transacted through the Site. Any policy or materials specifically referred to in the Terms are incorporated into the Terms by reference. By transacting on the Site, You agree to abide by the Terms. The Terms are subject to change and applicable upon the Effective Date. The Terms do not affect any mandatory and/or statutory rights that You have as a consumer under applicable law.
1. Order and Acceptance.
A Transaction submitted by You constitutes Your offer to Unification to purchase, subscribe, and/or enroll in the applicable products or services pursuant to these Terms and is subject to acceptance by Unification. Any prices, products or services referred to on the Site are subject to availability and do not constitute an offer by Unification. After you place an order, Unification may send you a communication confirming receipt of Your order and containing the details of Your order. You agree and understand that any such communication confirming receipt of Your order does not constitute acceptance of Your order by Unification. Unification’s acceptance of Your order becomes effective when Unification delivers the products and/or services ordered by You and accepts Your payment.
2. Price, Payment Terms, and Payment Methods.
a. Prices payable for products and/or services are those in effect at the time of acceptance of Unification’s terms and conditions, unless expressly agreed otherwise. Despite our efforts, occasionally an error in the price or description of a product and/or service may be reflected on the Site. In such case, Unification will contact you for instructions before delivery where you have the option to cancel your order or proceed to place Your order based on the revised price or description.
b. Unification reserves the right to withdraw any discount and/or to revise any price(s) on the Site at any time prior to acceptance of Your order. The final Transaction price will be reflected prior to the confirmation of Your order.
c. The places or countries that Unification delivers products and/or services to are mainly America, UK, NZ, AUS. Unless otherwise specified*, prices quoted on the Site are:
i. Exclusive of the costs of shipping or handling to the place of delivery within the Territory (charges for which are referenced on the Site); and
ii. Exclusive of tax, VAT, and/or duty of any kind which (where applicable) must be added to the price payable.
You agree to pay any applicable VAT, taxes, shipping or handling for the products and/or services as specified on the Site when You submit Your order. Any cost associated with accessing the Site is Your responsibility and is dependent on the Internet service provider used by You.
d. Payment may only be made using any of the payment options specified on the Site.
e. Payment will be charged upon acceptance of Unification’s terms and conditions of payment by You. Unification reserves the right to verify credit or debit card payments prior to its acceptance of Your order. Unification also reserves the right to obtain updated credit card account information electronically, when applicable, from the Card Brands and retry failed card authorizations in order to complete Transactions.
f. For invoiced payments, each invoice will be due on and payable within the time period noted on Your invoice, measured from the date of the invoice. If at any time you fail to pay any amount due on the relevant due date, Unification may by notice declare all invoiced amounts unpaid at that date to be immediately due and payable.
g. No set-off or counterclaim may be deducted from any amount payable by You to Unification without written consent of Unification.
3. Delivery and Risk of Loss and Damage.
a. Delivery times and dates referenced on the Site or in any order communications from Unification are estimates only, and Unification is not liable in the event of a delivery delay.
b. Unification may charge You for any extra costs arising from changes you make to Your delivery address after You submit an order.
c. Risk of loss or damage to the products and/or services passes to You upon delivery or when placed in your possession.
d. If You refuse or fail to take delivery of products and/or services provided in accordance with these Terms, any risk of loss or damage shall nonetheless pass to You, without prejudice to any other rights or remedies Unification may have, including:
i. Unification shall be entitled to immediate payment in full for the products and/or services delivered and either to effect delivery by whatever means Unification considers appropriate, or to store products and/or services at your risk and expense;
ii. You shall be liable pay to on demand all costs of product and/or services storage and any additional costs incurred as a result of Your refusal or failure to take delivery; and
iii. If You refuse or fail to take delivery for a period of 30 days, Unification may dispose of the products and/or services Transacted by You at Unification’s discretion.
4. Software License.
Each software product and/or service offered on the Site is licensed by us to You subject to the relevant end-user license agreement, as well as other license terms regarding third party software that may be included in our product and/or service (“EULA”). Your use of software is explained and governed by such EULA. You must read, understand and agree to be bound to the terms of EULA before using the software. Please visit https://unificationenergy.com/end-user-license-agreement for the full list.
5. Return & Cancellation Policy.
Please review Unification’s Return Policy, which applies to products and/or services Transacted via the Site.
7. Unauthorized Products and Services; Brand Protection.
a. You may not alter, unbundle or break the product and/or services down to components for distribution, transfer, resale or any other purposes.
b. All products and/or services must be obtained in the first instance from Unification (or via Unification’s authorized partners, as applicable). If, in Unification’s reasonable judgment, the original acquisition of a product and/or service from Unification (or via Unification’s authorized partners, as applicable) occurred using a fraudulently obtained payment methods or any other unauthorized means, Unification has no obligations to provide support services or to allow continued use of the product and/or services in question.
c. Unification reserves, in its sole discretion, the right to deactivate or discontinue providing support services to products and/or services which have been obtained through unauthorized means.
d. Products and services are valid for use in the location where you purchased. They are not intended for use in other regions, and the ability to use Unification products & services are limited by the location you purchase that product or service.
8. Other Important Information.
a. Disclaimer of Warranty. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNIFICATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNIFICATION MAKES NO WARRANTIES THAT: (I) THE PRODUCTS, SERVICES, AND/OR SITE WILL MEET YOUR REQUIREMENTS; (II) THE PRODUCTS, SERVICES, AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE PURCHASE OF THE PRODUCTS, SERVICES, AND/OR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS AND/OR SERVICES PURCHASED OR INFORMATION OBTAINED BY YOU THROUGH THE PRODUCTS, SERVICES, AND/OR SITE WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE PRODUCTS, SERVICES, AND/OR SITE WILL BE CORRECTED. UNIFICATION DOES NOT WARRANT THIRD PARTY PRODUCTS.
b. Limitation of Liability. SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL UNIFICATION BE LIABLE TO YOU FOR (A) ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PROVISION OF THE PRODUCTS AND/OR SERVICES, (B) ANY LOSS OF USE OR LACK OF AVAILABILITY OF COMPUTING DEVICES, FAILED MESSAGES OR TRANSMISSION ERRORS ARISING FROM THE USE OF OR INABILITY TO USE THE PRODUCTS AND/OR SERVICES, OR (C) ANY SPECIAL CONSEQUENTIAL, INDIRECT OR SIMILAR LOSS OR DAMAGE(S). IN NO CASE SHALL UNIFICATION’S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT.
c. Proprietary Rights. Unification retains ownership of all proprietary rights in the products, services, and/or the Site and in all trade names, trademarks and service marks associated or displayed with the products and/or services. You will not remove, deface or obscure any of Unification’s copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the products and/or services.
d. Force Majeure. Unification shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Unification’s reasonable control, including but not limited to acts of God, war (whether declared or not), riot, embargoes, acts of civil or military authorities, terrorist attack or threat of terrorist attack, fire, floods, accidents, strikes, lockouts, failure of public or private telecommunications networks and infrastructure, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, Unification may be excused from such performance to the extent it is delayed or prevented by such cause.
e. Export Regulation. You acknowledge that the products and/or services, and related technical data and services may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where the Controlled Technology are imported or re-exported (collectively, “Controlled Technology”). You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which is an export license or other governmental approval required. All of the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions, including Afghanistan and Iraq. USE OR FACILITATION OF UNIFICATION PRODUCT AND/OR SERVICES IN CONNECTION WITH ANY ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE DESIGN, DEVELOPMENT, FABRICATION, TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL, OR NUCLEAR MATERIALS, OR MISSILES, DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF DELIVERING WEAPONS OF MASS DESTRUCTION IS PROHIBITED, IN ACCORDANCE WITH U.S. LAW.
If You are a U.S. customer, You and Unification agree that any dispute, claim or controversy arising out of or relating in any way to the product and/or services shall be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to the Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that You and Unification are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the Terms and/or the termination of Your Unification product and/or services license.
If You elect to seek arbitration, You must first send to Unification, by certified mail, a written Notice of Your claim (“Notice of Claim”). The Notice of Claim to Unification should be addressed to: General Counsel, Unification Technology LLC, 48015 Purpleleaf St., Fremont, CA 94539 and should be prominently captioned “NOTICE OF CLAIM”. The Notice of Claim should include both the mailing address and email address You would like Unification to use to contact You. If Unification elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to Your billing address on file. A Notice of Claim, whether sent by You or by Unification, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought (“Demand”).
If You and Unification do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, You or Unification may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org. If You are required to pay a filing fee, Unification will promptly reimburse You for Your payment of the filing fee after arbitration is commenced. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this License Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Unification and You agree otherwise, any arbitration hearings will take place in the county (or parish) of either the mailing address You provided in Your Notice or, if no address was provided in Your Notice, Your billing address on file. If Your claim is for U.S. $10,000 or less, Unification agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues You an award that is greater than the value of Unification’s last written settlement offer made before an arbitrator was selected (or if Unification did not make a settlement offer before an arbitrator was selected), then Unification will pay You, in addition to the award, either U.S. $50 or 10% of the amount awarded, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND UNIFICATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Unification agree otherwise, the arbitrator may not consolidate more than one person’s claims with Your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If You are located in the Americas, the Terms will be governed by the laws of the State of California, United States of America. If you are located in the Asia Pacific Rim, the Terms will be governed by the laws of Singapore. If You are located in Europe, the Middle East or Africa, the Terms will be governed by the laws of England and Wales. Notwithstanding the foregoing, nothing in the Terms will derogate from any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction.
Should You have any questions concerning the Terms, or if You desire to contact Unification for any reason, please write to: Unification Customer Service, Unification Technology LLC, 48015 Purpleleaf St., Fremont, CA 94539, U.S.A or visit the support page, which can be located at https://unificationenergy.com/contact.