Store Policy

Terms of Use

Welcome to ubeststores.com. We provides website features and other products and services to you when you visit or shop at ubeststores.com. Please read the below terms carefully. By accessing our website, continuing to access our website, or downloading materials from our website, you agree to abide by these Terms of Use. UBEST may, in its sole discretion, change these terms from time to time. You should periodically visit this webpage to review the most current terms. Using our website after any of these changes means you accept any such changes. If you do not agree to abide by these Terms of Use, do not use our website or download materials from our website.

THESE TERMS OF USE ARE AN ENFORCEABLE CONTRACT BETWEEN US THAT AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION AND JURY TRIAL WAIVER, WHICH ARE SET FORTH BELOW.

INTELLECTUAL PROPERTY

As between you and us, all rights in all content posted on our website either belong to us or are licensed by us with the right to sue and otherwise enforce intellectual property rights within such content. You may not copy any content from any site without our express permission, either pursuant to these Terms of Use or in the form of a record signed by us. ubeststores.com is the official seller of UBEST branded merchandise

COPYRIGHTS

ubeststores.com is © 2021, and we reserve all rights. Our websites and all of the materials, including, but not limited to, its software or HTML code, scripts, text, artwork, product names, photographs, images, catalogs, video, and audio (collectively, “Content”) are protected by United States and international copyright laws and are the property of UBEST All Content provided through our website is provided as a service to our current and prospective visitors and may be used only for personal, informational, and product ordering purposes. No right, title or interest in Venus Fashion’s Content is conveyed to you. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the website or any of its Content without our prior written permission; you may not access or use the website for any competitive or commercial purpose; nor may you permit any copying of our Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of such Content is prohibited. Any and all rights not expressly granted are reserved by Venus Fashion, Inc., as applicable.

TRADEMARKS

UBEST owns all rights regarding its trademarks, trade names, logos, brand names and trade dress ("Trademarks"). These Trademarks are registered and/or common law trademarks of UBEST. and they are protected by U.S. and international laws and treaties. No license to the use of such Trademarks is granted to you under these Terms of Use or by your use of the website. Your use or misuse of our Trademarks displayed on the website is strictly prohibited. You are also advised that we may aggressively enforce our intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution.

LIMITED LICENSE

You are permitted to share Content provided through the website on social media sites such as Facebook, Twitter, Instagram, or similar services. This permission is a limited license to use the Content solely for social purposes and not for any competitive or commercial purposes and does not represent a transfer of title in or to any UBEST Content.

SPECIAL NOTICE

We have a no-tolerance policy regarding the use of our UBEST Trademark in metatags and/or hidden text. Specifically, the use of our Trademarks in metatag keywords is trademark infringement, and the use of our Trademarks in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any web page on our website is prohibited absent our express written permission. Associating or juxtaposing our website or its Content (e.g., through framing or inline linking with advertisements and/or other information not originating from our website is expressly prohibited.

INDEMNIFICATION

You agree to defend, indemnify and hold UBEST, its officers, directors, employees, agents, licensors and suppliers harmless from and against any and all losses, claims, damages, costs, liabilities and expenses, including attorneys' fees, arising from or related to your use of our website, your breach or alleged breach of these Terms of Use, your unauthorized use of the Content or your violation of any rights of any other person.

LEGAL DISPUTES

AGREEMENT TO BINDING ARBITRATION AND JURY TRIAL & CLASS ACTION WAIVER.

Please read this section carefully. Except as the Terms of Use otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

YOU AND UBEST AGREE THAT ALL DISPUTES BETWEEN US THAT WE CANNOT RESOLVED INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT.

YOU AND UBEST FURTHER AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY, TO THE LITIGATION OF DISPUTES IN STATE OR FEDERAL COURTS OF GENERAL JURISDICTION, AND TO PARTICIPATE IN ANY WAY IN A CLASS ACTION/CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHERWISE TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.

This arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under the direction of UBEST, including all affiliated companies (including, but not limited to, parents, subsidiaries, and sibling corporations). This agreement is binding on you and UBEST as well as our respective heirs, successors, and assigns.

This arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under the direction of UBEST, including all affiliated companies (including, but not limited to, parents, subsidiaries, and sibling corporations). This agreement is binding on you and UBEST as well as our respective heirs, successors, and assigns.

You and UBEST agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. This agreement, however, does not prevent you from bringing any issues to the attention of federal, state, or local agencies.

ARBITRATION SCOPE, RULES & REQUIREMENTS

There is no judge or jury in arbitration, and discovery and court review of an arbitration award are limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.

The arbitration or small claims court action shall occur in the United States in the county or parish in which you reside or at such other location in the United States which may be agreed upon by you and us. You may also choose to have any arbitration, whether commenced by you or us, conducted by telephone or based on written submissions only.

The arbitrator has the authority to and shall resolve all claims and issues arising between us, including, but not limited to, international, federal, state, and local statutory, regulatory, constitutional, and common law claims.

This arbitration requirement covers, but is not limited to, any and all claims arising from or related in any way to your use of the Sites, your registration with the Sites, your requests to receive advertising or promotions, your purchase of or attempt to purchase products from us, and your communications with us.

The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.

 

Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the AAA at 800-778-7879, or by writing to the AAA Notice Address set forth below. To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: UBEST.

If you initiate an arbitration, we will reimburse you for any standard filing fee which may be required under the AAA Rules for claims under $10,000. For claims over $10,000, payment of such fees will be by a separate agreement between you and us. If we cannot agree on such payment, the arbitrator will decide how such fees should be paid and by whom. Each party shall be responsible for their own attorneys’ fees except as provided by applicable law or the AAA Rules.

We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.

To the extent that any other provision of the Terms of Use is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control.

JURISDICTION

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions. Any dispute arising under these Terms of Use shall be resolved exclusively by an appropriate federal or state court sitting in the State of Florida. The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of UBEST’s right to require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms of Use, together with our posted Privacy Statement, constitute the entire agreement between us relating to your use of our website.

EFFECTIVE DATE & SUPPLEMENTAL TERMS

This agreement was last updated on October 6, 2020 and applies to all uses, purchases, or registrations occurring after that date. Updates to these Terms of Use shall not apply retroactively. If any provision of these Terms of Use is found to be unenforceable for any reason, it shall be removed and the remaining Terms of Use shall be fully enforceable.


x