1. Content & Intellectual Property
All articles, text, hidden text within source code, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, music, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned by TUP or its licensors, and is protected by U.S. and international intellectual property and proprietary rights.
All trademarks appearing on this Site are the property of their respective owners, including, in some instances, TUP. Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by TUP or by any third party.
When accessing this Site, you agree to obey the law and to respect the intellectual property rights of TUP and others. You agree that you shall be solely responsible for any violations of any applicable laws and for any infringement of third-party rights caused by any Feedback (as defined below), User Content (as defined below), and PII (as defined below) that you provide or transmit to us.
All materials contained or distributed in this website (the “Materials”) are owned by TUP or its licensors. You must not reproduce, modify, copy, publish, transmit, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of TUP and, if applicable, any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing the Materials. Materials may not be used in any unauthorized manner.
2. Your Use of the Site; Restrictions
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server of TUP, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not modify, reverse engineer, decompile, disassemble, reduce, or attempt to reduce to a human-perceivable form any of the source code used in providing this Site, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of TUP, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to PII , other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or TUP’s systems or networks, or any systems or networks connected to the Site or to TUP.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site, including, but not limited to, by interfering or attempting to interfere with service to any visitor, host, or network, such as by means of submitting a virus or any other harmful component to this Site, or by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” this Site. In addition, you agree not to use this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services. You also agree not to frame or utilize framing techniques to enclose any aspect of this Site, such as any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), or to use any metatags or any other “hidden text” utilizing TUP’s name or trademarks without TUP’s express written consent.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to TUP on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Any violation of TUP’s system or network security may subject you to civil and/or criminal liability.
3. Feedback & User Content
Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Site or TUP that you provide to TUP (but excluding your PII) (collectively, “Feedback”) is deemed to be TUP’s proprietary information. TUP may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Site, and TUP shall own all rights, title and interest in and to the Feedback and such improvements and modifications.
4. Purchases; Other Terms and Conditions
All prices, discounts, and promotions posted on this Site are subject to change without notice. TUP may, from time to time, offer promotions or other discounts on product purchases. TUP reserves the right to suspend any such promotions, update product information and change prices at any time without notice. Furthermore, TUP reserves the right to change, limit, refuse, or cancel any order you place at our sole discretion. TUP strives to display accurate price information; however, the Site may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. TUP reserves the right to correct any errors, inaccuracies, or omissions at any time, and to cancel any orders arising from such occurrences.
Terms of payment are within TUP’s sole discretion and, unless otherwise agreed in writing, payment must be received before TUP’s acceptance of an order. Currently, you may make purchases through the Site conditioned upon your agreement that your method of payment and payment information are processed via Shopify, and therefore, TUP does not take responsibility for your payment information. Nonetheless, by entering into any transaction through the Site, you warrant and represent that all information you provide is true, correct, and complete (including, without limitation, your credit card information and billing address); that any credit card transactions submitted by you are authorized; that charges incurred by you will be honored by your credit card company; that you will pay charges incurred by you at the posted prices; and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Site.
If TUP determines, in its sole discretion, that you have engaged in an improper transaction, TUP reserves the right to immediately terminate any pending transactions, suspend your access to the Site, and terminate all of TUP’s obligations hereunder.
Return and Exchange Policy
Items in their original condition may be returned within 30 days of purchase for a full refund. Note that the shipping fee is not refundable and a three dollar restocking fee will be withheld from the refund. Please contact our customer service team at firstname.lastname@example.org and they will respond with return instructions.
Unfortunately, at this time The Ultimate Predator, LLC cannot offer you an exchange on any purchases. We apologize for this inconvenience and will update this policy as soon as possible.
Please do not send your purchase back to the manufacturer, fulfillment facility, or The Ultimate Predator, LLC.
Please send comments or questions to email@example.com
5. Sweepstakes, Contests, and Promotions
Notwithstanding the foregoing, ownership and use of all User Content, Feedback, and PII submitted in connection with a sweepstakes, contest, giveaway or other promotion (“Promotion”), shall be subject to the applicable Promotion’s “Official Rules” or other terms of service. If you participate in a Promotion, such terms of service, may, for example, permit TUP to contact you to verify your eligibility, use your physical address for the purposes of prize fulfillment, share your PII with third parties providing services in connection with such Promotion or for purposes of prize fulfillment, and/or use other information submitted with your entry for future marketing, such as to notify you of a product or subsequent Promotion that we think may be of interest to you. If you no longer wish to receive information about products or Promotions, you may opt out of receiving further information by clicking on the “Unsubscribe” link included in such e-mails. Please also note that if you win a Promotion, some of your PII may be disclosed on a winners list as required by law.
7. Third-Party Content, Links and Services
The Site may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services (collectively, “Third-Party Content”). In consideration for the convenience of TUP making this Third-Party Content available or accessible to you, you acknowledge that TUP has not reviewed all of the Third-Party Content and that TUP is not responsible or liable for any such Third-Party Content, including, but not limited to, the privacy practices of third parties offering such Third-Party Content; you must contact the third party directly for any remedies that may be available to you. Please be aware that access to any Third-Party Content does not constitute an endorsement by TUP or any of its subsidiaries or affiliates of any third parties or Third-Party Content. Likewise, TUP is not the seller of products purchased from third parties offering Third-Party Content and is in no way responsible for shipping their products. TUP may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party participation is acceptable.
If TUP provides links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through TUP’s links, please note that the information you post, transmit, or otherwise make available on those websites may be viewed by the general public. TUP does not control User Content on social media homepages and is not responsible for any third-party use of your User Content that you have posted, transmitted, or otherwise made available there.
8. Co-Branded Products or Services
9. Monitoring; Copyright Complaints
TUP may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify TUP by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TUP to locate the material;
- information reasonably sufficient to permit TUP to contact you, such as an address, telephone number, and if available, an e-mail address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the written communication to TUP’s copyright agent by e-mail AND by U.S. Mail to:
The Ultimate Predator, LLC
17210 19th Ave N
Plymouth, MN 55447
Attn: Karl Hylle
E-mail Subject: “DMCA Request”
TUP DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE SITE WILL BE AVAILABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TUP CANNOT ENSURE THAT THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TUP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY AGAINST TUP FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
11. Applicable Law and Venue; Dispute Resolution
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
12. Age Restriction
THE SITE IS INTENDED FOR ADULTS AGES 18 AND OVER. USERS UNDER 18 YEARS OLD ARE PROHIBITED FROM USING THE SITE FOR ANY PURPOSE. BY USING THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
13. LIMITATION OF LIABILITY
The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of Third-Party Content advertised on, or linked to the Site.
Any cause of action or claim you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises.
TUP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without TUP’s prior written consent.
15. Rights to Terminate Use
To the extent that any part of this Site offers subscriptions to users, TUP reserves the right to cancel any such subscriptions at any time in its sole and absolute discretion, upon which time affected users shall be notified of such cancellation.
16. State-Specific Provisions.
Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. TUP may be contacted via e-mail at firstname.lastname@example.org.