TERMS AND CONDITIONS OF USE
Welcome to www.oldscullusa.com (The website). The website is owned and operated by UCV ENTERPRISES, LLC (hereinafter, “we”, “us” and/or “our”). These terms and conditions of use (“terms of use”) are legally binding and govern the agreement between you (hereinafter “you”, “your” and “user”) and UCV ENTERPRISES, LLC that you form by accessing and using our Website and/or purchasing the goods available on our Site, you agree to al terms, conditions, policies, and notices stated herein this Agreement as it may be amended from time to time. Your continued access or use of the site following changes to these terms of use will constitute your acceptance of any changes to our terms of use. The Privacy Policy is incorporated herein by reference and made part of this Agreement as if it were fully recited herein.
These terms of use include an agreement to mandatory individual arbitration, which means that you agree to submit any dispute related to this site, the use of our services, purchase of products, or these terms of use, and should you make a purchase through the site, the terms of sale, to binding arbitration rather than proceeding in court. You may opt-out of this mandatory arbitration agreement only by following the procedures below. These terms also include a jury waiver.
By visiting or accessing our Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitations users who are browsers, vendors, customers, merchants and/or contributors of content, also you warrant that you are at least 18 years old.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by the Terms of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any Services or purchase any Products.
1. ACCESSING AND USING OUR SITE.
We reserve the right to amend, update and withdraw the Site, and any service or content we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.
To access certain features of our Website and to purchase Products and Services, you may be required to create an account with us. By creating an account, you agree to provide accurate, current, and complete information about yourself as prompted by our registration process. You also agree to promptly update your information if there are any changes to ensure it remains accurate, current, and complete.
When you create an account, you may be asked to provide a valid email address and create a password. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to safeguard your account information or to notify us of any unauthorized access.
By creating an account with us, you affirmatively consent to receive electronic communications from us. These communications may include, but are not limited to, notices about your account, order confirmations, shipping updates, and other transactional information. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
By creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Any new features or tools which are added to the current Webpage or store shall also be subject to the Terms of Service. You can review the most recent version of these Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued access to the Website following the posting of any changes constitutes acceptance of the changes.
2. SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material. Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. The licenses granted by us terminate if you do not comply with these Terms of Use.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, you are prohibited from accessing the Site and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are retained by us or our licensors or other rights holders. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use. You must not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site unless authorized under these Terms of Use.
You must not use our name, marks, logos, or related names, logos, product and service names, designs, or slogans without our prior written permission.
3. USER CONTENT
We may include features on the Site that allow you to share your communications, information, photos or other content (“User Content”) with us and with other users of the Site. You must not send, upload or transmit any User Content of any type that infringes or violates any rights of any party or violates these Terms of Use. By providing any User Content on the Site you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such User Content anywhere in the world and through any media for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Content and have the right to grant the license granted above. All your User Content does and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5. ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that you are the legal owner of, or have express permission to use, any credit card or other payment method used to make a purchase on our Website. By providing your billing information, you confirm that the information is true and that you are authorized to use the payment method.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide accurate, current, and complete information for your account registration and other information required for the purchase of products and services. You agree not to impersonate any person or use a name that you are not authorized to use. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
6. PRODUCT PURCHASES
All products purchased from our Website are subject to our Returns Policy. Please review the Returns Policy for information on our return and exchange procedures. Refunds will be processed according to the terms outlined in the Returns Policy.
Shipping. Shipping times and costs may vary based on your location and the selected shipping method. We strive to ensure that products are delivered within the estimated timeframes; however, we are not responsible for any delays caused by unforeseen circumstances or third-party carriers. All risks of loss and title for products purchased from us pass to you upon delivery of the items to the carrier.
Waiver of Right to Chargebacks. By purchasing products from our Website, you agree to waive your right to initiate chargebacks with your credit card issuer for any reason other than fraudulent purchases not made by you. Chargebacks for reasons such as dissatisfaction with the product, failure to receive the product in a timely manner, or any other reason covered by our Returns Policy will not be accepted. Any chargebacks initiated in violation of this provision will be contested to the fullest extent permitted by law. You expressly consent that any attempt to initiate a chargeback for reasons other than fraudulent use of your credit card without your authorization is a breach of this Agreement. We reserve the right to take legal action against any customer who initiates a chargeback in violation of this Agreement. This may include seeking compensation for any associated fees, damages, and legal expenses incurred because of the improper chargeback. By proceeding with a purchase, you acknowledge that you have read, understood, and agreed to these terms, and that this waiver of chargeback rights is a material condition of the transaction.
Limitation of Liability. Our liability for any defective product is limited to the replacement of the product or the issuance of a refund for the purchase price paid, at our discretion, provided that the defective product is returned in accordance with our Returns Policy. We do not assume any liability for damages arising from the use or misuse of our products. This includes, but is not limited to, direct, indirect, incidental, punitive, and consequential damages.
Disclaimer. You acknowledge and agree that the purchase and use of our Products are at your sole risk. All products and services provided through our Website are provided “as is” and “as available” without any warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the products will be free from defects, or that any errors will be corrected. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
7. PRODUCTS OR SERVICES (if applicable)
Online Availability; Sales Limitations. Certain products or services may be available exclusively online through the Website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy, which is incorporated by reference as if fully recited herein. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Product Descriptions. We strive to ensure that the product descriptions on our Website are as accurate as possible. However, we do not warrant that the descriptions, colors, or other content available on the Website are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
Product Display. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Product Quality. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Product Availability and Pricing. Prices and availability of Products and Services are subject to change without notice. We strive to provide accurate pricing information, but pricing or typographical errors may occur. In the event that a Product or Service is listed at an incorrect price or with incorrect information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product or Service. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge.
Limitation of Liability. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of our Products or Services.
8. PERSONAL INFORMATION; SMS MESSAGING
Your submission of personal information through the store is governed by our Privacy Policy.
By consenting to our marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at here or by email at [email protected] for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
9. PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You must not use the Site:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability.
To transmit, post, publish or send any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
To express or imply that we endorse any statement or posting you make, or any products or services you may offer.
Additionally, you must not:
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any device, software, or routine that interferes with the proper working of the Site.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Otherwise attempt to interfere with the proper working of the Site.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
Remove any copyright, trademark or other proprietary rights notices from the Site or from materials originating from the Site.
10. ENFORCEMENT AND TERMINATION OF SITE USE
We have the right to remove or refuse to post any User Content for any reason in our sole discretion. In addition, we have the right to:
Disclose your identity or other information about you (1) to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy and (2) as applicable to cooperate with any law enforcement authorities or court order.
Take appropriate legal action for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any reason.
11. INDEMNIFICATION.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, costs, liabilities, and settlements including without limitation, reasonable legal and accounting fees, arising out of your use of or activities in connection with the Site or any allegation that User Content from you infringes or violates the intellectual property rights of others, or that otherwise arises out of your violation of these Terms of Use.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Our “how to” guides for cutting hair including care instructions, and other information about grooming, is made available solely for general information purposes. Any general grooming information is not intended to be construed as or be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with the Site.
We do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data.
The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, aggregators, and/or reporting services. All statements expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
WE DO NOT EXTEND ANY WARRANTIES IN THE TERMS OF USE, OR AS APPLICABLE, THE TERMS OF SALE. AT YOUR OPTION, WE WILL HONOR THE PRODUCT WARRANTIES WE POST HERE OR ANY WARRANTIES THAT MAY BE PROVIDED TO YOU WITH A PARTICULAR PRODUCT YOU HAVE PURCHASED FROM US.
ANY LIABILITY ARISING UNDER OR RELATING TO THE TERMS OF USE OR AS APPLICABLE THE TERMS OF SALE, OUR PRODUCTS, OR OUR SITE SHALL BE LIMITED TO THE GREATER OF USD 1,000 OR THE PURCHASE PRICE YOU PAID FOR THE PRODUCT THAT GAVE RISE TO THE LIABILITY. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES REGARDLESS OF THE LEGAL THEORY UNDER WHICH A CLAIM IS BROUGHT.
13. GOVERNING LAW AND VENUE
You agree to give us an opportunity to resolve any problem, dispute or claim relating in any way to the Site or any of its related applications or products/services, including any dealings with us, our marketing and customer service agents, or the performance of any services or products offered through the Site or any representations from us (each a “Claim” and collectively “Claims”). You must send us a written notice of the Claim by email to [email protected] with the subject line: “Terms of Use – Dispute Notice.” You and us each agree to negotiate your Claim in good faith. If we cannot resolve your Claim within 60 days of receiving your notice at this address, you may pursue your Claim as explained in this section.
The Terms of Use and the provision of our services or products through our Terms of Sale will be governed and interpreted pursuant to the laws of the State of Texas[RP1] , without reference to Texas conflict of law rules. With respect to any disputes or Claims not subject to arbitration, as set forth in this section, you and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Austin, Texas.
14. ARBITRATION
This section affects rights that you may otherwise have. It provides for resolution of most disputes through binding arbitration instead of court trials and class actions. This arbitration clause will survive termination of these Terms of Use and the Terms of Sale.
This provision is intended to be given the broadest interpretation and application to encompass all disputes or Claims arising out of or relating to your relationship with us, including the use of the Site, products, services and any other interactions with us. As set forth above, if we are unsuccessful in resolving your Claim following 60 days after our receipt of your written notice to the appropriate address, any dispute or Claim arising out of or relating to your relationship with us or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take Claims to small claims court if they qualify for hearing by such a court.
Notwithstanding the above, you may opt out of this binding arbitration provision within 30 days after this section comes into effect (the “Opt Out Deadline”). This will be the earliest of (a) the date you first used the Site, (b) the date you first used our services or (c) the date you started a relationship with us. You may opt out of these arbitration procedures by sending us a written notice by email to [email protected] with the subject line: “Arbitration –Opt-Out Notice”.
We must receive your opt out notice no later than 3 days after the Opt Out Deadline for it to be valid. You agree that you must pursue any Claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt Out Deadline.
For all Claims, whether pursued in arbitration or small claims court, it is a condition precedent that you must first send a written description of your Claim to us as set forth above to allow us an opportunity to resolve the dispute.
The arbitration of any dispute or Claim will be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this section. The AAA Rules and information about arbitration and fees are available online at www.adr.org. To the extent of any inconsistency, this section will supersede and govern over the AAA Rules.
This section evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award any relief to either party that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy the Claim, as well as afford public injunctive relief where such remedies are permitted and cannot be waived by applicable law.
Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
We will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand, and if your Claim is for less than $1,000 we will reimburse you for the filing fee if you provide a written request for reimbursement with evidence of insufficient funds to pay the fee yourself. Otherwise, you and we will each bear the fees and expense of respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
In addition to the above, any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action; provided that, and for the avoidance of all doubt, you will be permitted to seek injunctive relief as described below. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, this arbitration section will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.
Notwithstanding the above, nothing in this section will be construed to waive any right you have under applicable law to pursue a Claim for injunctive relief with the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public. Any such public injunctive relief Claims are preserved and will be subject to arbitration. To the extent permitted by applicable law, any determination of the extent to which your Claims qualify as seeking public injunctive relief will be heard and decided by the arbitrator. If for any reason a Claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
15. NO WAIVER
No waiver of any term of these Terms of Use or the Terms of Sale shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Terms of Use or Terms of Sale shall not constitute a waiver of such right or provision.
16. MISCELLANEOUS
If any part of these Terms of Use, the Terms of Sale, Return Policy is unlawful, void, or unenforceable, solely that part, to the minimum extent possible, will be deemed severable, and will not affect the validity or enforceability of any remaining provisions. Specific services, promotions and sections of this Site may include additional terms and requirements, and those additional terms and requirements will supplement these Terms of Use, Terms of Sale or Return Policy with respect to the items to which they apply. We may revise or modify this Site, these Terms of Use, the Terms of Sale, Return Policy, products, product information or pricing without notice.
17. ENFORCEMENT AND SEVERABILITY
Our failure to enforce any right or provision of these Terms of Use, Terms of Sale or Return Policy will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. If any term or condition in these Terms of Use, Terms of Sale or Return Policy is deemed invalid, void, or unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
18. CONTACT
The Site is operated by UCV Enterprises located at: 2719 Leslie St, Edinburg Tx, 78539 United States
You can reach us by telephone at: 956 215 96 98
All notices of copyright infringement claims should be sent to [email protected]. It is our policy, in appropriate circumstances, to terminate repeat infringers.
Effective Date: 3/01/2025