Terms of Service
Last Updated June 30, 2024
This Website is operated by Wood Upp USA, Inc. (“WoodUpp,” “we,” “us,” and “our”). By visiting our Website and/or making a purchase from us, you agree to be bound by the following Terms of Service (“Terms”), including the General Website Terms set forth herein and the Product Contract Terms & Conditions of Sale. These Terms incorporate our Privacy and Cookie Policy, which is available here.
Please read these Terms carefully. If you do not agree to all of these Terms, then you may not access our Website, including making purchases from us.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Website.
GENERAL WEBSITE TERMS
These General Website Terms apply to your access to, and use of, our Website, https://woodupp.com/us/.
Permission to Use the Website
Provided you agree to these Terms, we grant you permission to access and use this Website in accordance with these Terms. We reserve the right to prevent access to the Website to you or any other user for any reason, at any time, in our sole discretion.
Other Agreements
If you have another agreement with us (for example, if you are a reseller, wholesaler, or an affiliate), the terms of that agreement continue to apply. If the terms of such other agreement conflict with these Terms, the other agreement shall control unless explicitly provided otherwise in the other agreement or these Terms.
Website Availability and Modifications
From time to time our Website may be unavailable due to scheduled maintenance, service upgrades, or unscheduled service disruptions. You agree that in no event will Ultra Pet be liable for any loss, cost, or damage that results from any period of downtime of the Website.
We reserve the right to modify the content, functionality or features of this Website at any time and in our sole discretion.
Our Intellectual Property Rights
All content, features, and functionality of this Website, including all text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, animations, as well as the arrangement and display thereof (the “Content”), are the sole and exclusive property of WoodUpp or its licensors. The Content of this Website is protected by the copyright, trademark, and other intellectual property laws of the United States. We reserve all intellectual property rights to our Website and to the Content.
External Links
These Terms apply only to this Website. Our Website may provide links to other websites that are owned and operated by third parties. These third-party sites may have their own terms of use. Links to third-party websites are provided on an “As Is” basis. While we do our best to provide you with helpful, trustworthy resources, we do not endorse, approve, or guarantee information, products, services, or recommendations on any third-party website. We are not responsible for any loss or damage of any sort resulting from use of any third-party website.
Prohibited Activities
You may use this Website only for lawful purposes and in compliance with these Terms. You agree that you will not use the Website:
- In any way that violates any applicable local, state, or federal law, regulation, or ordinance.
- For any commercial purpose except as expressly authorized by us.
- To transmit or procure transmission of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate WoodUpp, any WoodUpp personnel, or any other person or entity.
- To violate, circumvent, or infringe our rights or the rights of any other person or entity, including without limitation any intellectual property, contract, privacy, or publicity rights.
Additionally, you agree that you will not do, or attempt to do, any of the following:
- Link to any page on this Website in any way that suggests any form of association, approval, or endorsement by us or that is in any way illegal, unfair, or that damages or takes advantage of our reputation and goodwill.
- Use any automated or manual device, process, or means to monitor or copy any material on this Website.
- “Frame,” “mirror,” or otherwise replicate or incorporate any portion or aspect of this Website, our name, logo, trademarks, or proprietary information, into any other website without our express prior approval.
- Damage, disable, or overburden our servers or network, impair or impede the operation of our Website, or interfere with someone else’s access to our Website.
- Introduce any device, software, or routine that interferes with the working of this Website, including the introduction of any code, device, exploit, worm, virus, or other material that is malicious or technologically harmful.
- Post or transmit any unlawful, threatening, abusive, obscene, libelous, defamatory, or offensive material, including material that is sexually explicit or that can be construed to be harassment or disparagement based on race, color, religion, disability, age, sex, or national origin.
- Modify, adapt, decipher, translate, decompile, disassemble, edit, or reverse engineer any of the software used by us in connection with our Website, or attempt to do so.
- Solicit, encourage, or assist any person in doing, or attempting to do, any of the foregoing actions.
User Content
“User Content” means any content, including photographs, audio, and video, that you submit to us by any means, including through social media (e.g., Facebook, YouTube, Instagram, or TikTok), through our Website (e.g., a product review), or when you otherwise interact with us. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (a) you own or have the necessary licenses, rights, and/or consents to use your User Content as described herein and (b) your User Content does not violate these Terms. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by WoodUpp. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates these Terms. We are not obligated to backup any User Content, we make no representation that we will do so, and you agree that we may delete User Content at any time.
By submitting your User Content, you grant WoodUpp an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for the purpose of including your User Content in our Website, our social media platforms, marketing or promotional initiatives, or for any other business purpose. You agree to irrevocably waive any claim or assertion of publicity or moral rights or attribution with respect to your User Content.
WoodUpp will treat any feedback, communications, or suggestions you provide to us as non-confidential and non-proprietary subject to the limits of applicable law and our Privacy Policy. Thus, in the absence of a written agreement with us to the contrary, you agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content or your interactions with other users of our Website. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of our Website, we are under no obligation to become involved.
Remedies and Corrective Action
We reserve the right to take any action we deem appropriate in our sole discretion with respect to violations of these Terms. We expressly reserve all rights and remedies available to us at law or in equity.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR WEBSITE AND OUR PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED.
Use of our Website is at your own risk. WoodUpp makes no warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. We cannot and do not guarantee or warrant our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for reconstruction of any lost data.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WOODUPP OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY PRODUCTS YOU MAY PURCHASE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AT LAW OR IN EQUITY, EVEN IF FORESEEABLE.
Indemnification
By accepting these Terms, you agree to defend, indemnify and hold harmless WoodUpp, its subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, members, employees, authorized representatives, contractors and agents, from and against any and all claims, liabilities, damages, judgments, awards, losses, or costs and expenses, including attorney fees, arising out of or related to your violation of these Terms or your access to or use of this Website.
Governing Law, Jurisdiction, and Venue
Any dispute, claim, or controversy arising out of or relating to our Website or these Terms shall be governed by the law of the state of North Carolina without giving effect to any choice or conflict of law provision or rule.
Jurisdiction and venue for any court proceedings arising out of or relating to our Website or these Terms shall be vested and laid exclusively in the state or federal courts sitting in Surry County, North Carolina. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Nonwaiver and Severability
Any failure by us to enforce or assert any right under these Terms shall not constitute a waiver or our right to enforce or assert rights under that provision or any other provision of these Terms.
If any provision of these Terms is held invalid or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Effective Date and Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. When we do, we will change the “Last Updated” date at the top of these Terms. All revisions are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
You should check this page frequently so you are aware of any revisions to these Terms, as they are binding on you. Your continued use of the Website following the posting of revised Terms means you accept and agree to and will abide by the Terms as revised.
Contact Information
Questions about these Terms should be directed to us at:
336-755-2268
Wood Upp USA, Inc.
391 Hickory Street
Mt Airy, NC 27030