Terms of Use

This Terms of Use agreement ("TOU") sets forth the terms, conditions and guidelines for use of the uwaretees.com Web site (the "Site") and the services offered on it. This TOU constitutes a legally binding contract between the user ("you" or "your"), on the one hand, and Club Red, LLC d/b/a uware brands (“uware brands”), suppliers and providers, (collectively "we", "us" or "our"), on the other hand. Please read this TOU carefully before using the Site or activating an account with us. By using the Site or completing a purchase, you acknowledge that you have read this TOU, understand it and agree to be bound by its terms, conditions and guidelines, as we may amend from time to time by posting any revised TOU on the Site. 

Our use of your personal information collected on the Site is governed by the terms of the uwaretees.com Privacy Statement. The uwaretees.com Privacy Statement sets forth our sole obligations with respect to user data and privacy.

While we cannot prevent children under the age 13 from viewing the Site, children under the age of 13 may not use or register for the services offered on the Site or purchase merchandise through the Site without parental permission. We strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.

This web site contains logos, service marks, and trademarks of uware brands, which may not be used for any purpose without the express written permission of the uware brands. All other trademarks that may appear on this web site are the property of their respective owners.

uware brands, uwaretees.com and its suppliers retain all right, title and interest in and to all content (and all compilations thereof), including without limitation, any text, music, sound, photographs video, images, illustrations, icons, graphics, headers, typefaces, data, inventory information, databases or software, that appears on the Site (the "Content"). The Content is protected by U.S. and international copyright law. No right, title or interest to any of the Content is transferred to you by your use of the Site. You may access and view the Content solely for personal, noncommercial purposes. You may copy limited portions of the Content solely by page caching or printing and solely for personal, noncommercial use, provided that (i) you do not make such Content available to any third party and (ii) you do not remove any proprietary notice from such Content, or alter the Content in any way. You may not: modify, delete, add to, or create derivative works of the Content. You may not publish, distribute, transmit, broadcast or frame the Content in any manner; copy or post the Content for public display; collect, re-purpose or reuse any data or product listings contained in the Content; sell or attempt to sell the Content; exploit the Content for your own purposes; or make derivative use of the Site or its Content. In addition, you agree not to rely on any Content created or posted by us.

Contributed Content
You hereby assign to uwaretees.com all right, title and interest in the content including the right to reproduce and display the content uwaretees.com (including without limitation any text, music, sound, photographs, video, images, illustrations, icons, graphics, and data) that you may post on the Site or provide to us in connection with the Site (the "Contributed Content"). When submitting Contributed Content to us, you must not use a false name or email address or otherwise attempt to conceal the origin of your submission. You grant uwaretees.com the right to use, at its discretion, your name or other identifying information in connection with Contributed Content. You represent and warrant to and for the benefit of uwaretees.com that at the time of submission, (i) you own or otherwise control all rights in the Contributed Content; (ii) the Contributed Content is accurate; (iii) the Contributed Content does not violate any law or infringe any third party privacy or intellectual property rights; and (iv) the Contributed Content contains no material that is defamatory, obscene, vulgar, profane, harassing, or threatening. You agree to indemnify us for all claims arising from or related to Contributed Content. While we have no obligation to monitor Contributed Content, we expressly reserve the right to edit or to remove any Contributed Content we deem to be inappropriate for any reason.

Amendments and Corrections to Content
We do not guarantee the accuracy, completeness or reliability of information appearing on the Site. The Site may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct or update errors or omissions and to change information at our discretion without prior notice. We also reserve the right to cancel an order for a product in the event of an error or omission in the description of such product, including incorrect pricing information, whether due to a typographical error, an error in information received from our suppliers, or otherwise. By using the Site, you agree to hold us harmless from any claims relating to errors or omission on our Site.

Ordering on uwaretees.com
We accept orders from anywhere in world. 

All orders placed and purchases of goods from uwaretees.com are on the basis of these Terms and Conditions and are subject to acceptance by us either (as applicable): (i) us delivering the goods to you; or (ii) by providing the goods you have purchased to you at the trade counter, at which point a legally binding contract is constituted between you and us. The processing of your payment and acknowledgment of an order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.

Shipping within the United States includes APO/FPO addresses and Puerto Rico. Items may be shipped by a variety of carriers, generally of your choosing when you place your order.

When shipping to International Addresses there is the likelihood that your packages will be subject to customs fees and import duties of the country to which you have your packages shipped. You may be subject to import duties and taxes, which are levied once the package reaches your country. Additional charges for customs clearance are your responsibility; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. Additionally, when ordering, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Customs forms for all international packages list the value of your order's contents.

The risk of loss and title for all items ordered on uwaretees.com passes to you when uwaretees.com delivers the merchandise to the shipping carrier.

The amount of tax charged to an order will be calculated based on the shipment destination's state and local sales-tax laws.

Our current payment procedures are American Express, Discover, MasterCard, and Visa. We reserve the right to change our billing and payment procedures at any time by posting the new procedures on the Site.

We ship the items your order as they are available. We make every effort to send all items together, though we cannot guarantee it. Please note that we may send your items in separate boxes and from different destinations. However, this will not affect your shipping charges.

While we do our best to ship your order within 3-business days of order receipt, we cannot guarantee that all orders or all items in an order will ship within 3-business days of your order receipt due to inventory fluctuations. In such cases, we will notify you when items are out of stock or on backorder. You will also be notified as back ordered items are shipped.

Because we begin processing your order almost immediately after you place it, is difficult to change or cancel an order once you submit it. 

Special Offers
Any special offers related to Site, whether or not related to purchases on the Site, are subject to the particular terms and conditions (including time limitations) of such offers. Unless otherwise specified, you may use only one special offer in connection with a transaction. 

If a promotional code is required in conjunction with the special offer, you must use the code at the time of purchase to receive the promotional price.

User Responsibilities
You agree that all billing and registration information you provide on the Site will be accurate and complete. Your provision of inaccurate or incomplete information constitutes a material breach of this TOU.

For certain activities you conduct on the Site, you will receive or have received an account name and a password. We retain ownership of your account and license it to you on a limited, nonexclusive basis for the duration of your account activation. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone except persons whom you have authorized to use your account, and you assume all resulting liability from use of the Site for such authorized person(s). You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you know or suspect. We disclaim all liability arising from or related to your failure to keep your account name and password secure.

Prohibited Uses
You agree to use the Site and all related services only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of the Site in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. We expressly prohibit any unauthorized third party linking to uwaretees.com, including links to the home page or any other page on the uwaretees.com domain.

You agree to indemnify and hold us and our partners, telecommunications providers, service providers, officers, employees and agents harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Site or any related services, any Contributed Content, your violation of the TOU, or your violation of any third-party rights, including without limitation, the infringement by you, or any other user of your account, of any intellectual property rights, privacy rights, or other rights of any person or entity.

Limitation of Liability
In no event will we, our suppliers, service providers, or other third parties affiliated with us be liable for any indirect, incidental, extraordinary, exemplary, punitive or consequential damages whatsoever (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use or inability to use the site or related services, the results of such services, or any information contained on the site, or in such services, whether such damages are based on warranty, contract, tort or other any other legal theory and whether or not such party is advised of the possibility of such damagers. Our aggregate liability and the aggregate liability of any of our suppliers, or service providers, arising from or relating to this TOU (regardless of the form of action or claim, e.g., contract, warranty, tort, strict liability, negligence, malpractice, fraud or any other legal theory) is limited to one-hundred dollars ($100). Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Web site Use and Disclaimer of Warranties
This site and all related services are provided on an "as is" and "as available" basis and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with the user. Except for the express warranties explicitly provided herein, neither we nor our partner or providers make any representations or warranties of any kind, express or implied as to the operation of the site, the content, any information made available through the site, or any transactions entered into by use or through the site. To the extent permitted by law, we and our partners and providers disclaim all warranties, express or implied, including by not limited to, implied warranties of merchantability, accuracy, title, fitness for a particular purpose, non-infringement and quiet enjoyment. Neither we nor our partners or providers warrant that use of the site or any related services will be uninterrupted, available at any time or from any location, secure or error-free, or free of viruses or other harmful components. Neither we nor our partners or providers  warrant that the site will meet your requirements or that any defects will be corrected. Furthermore, neither we nor our partners or providers make any warranty as to the results that may be obtained from use of the site, or as to the accuracy, completeness, reliability or timeliness of any information available on or through the site.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the site is at your discretion and risk and that you will be solely responsible for any damage to your computer, system or loss or data that may result from the downloading of such material and/or data.

No advice or information, whether oral or written, obtained by you from us or through the site shall create any warranty not expressly made herein.

Violation of TOU
Please also note that at any time, if we determine that you have abused or violated the letter or intent of any of these terms, conditions or guidelines, or any applicable law, we reserve the right to terminate or suspend your access to the Site and all related services, initiate an investigation, remove materials from our servers, issue a warning, block any prohibited activity, and take any other responsive action. Users who violate this TOU may additionally incur criminal and/or civil liability.

Please note that we may change this TOU at any time by posting the modified TOU on the Site, or by otherwise notifying you of such change. Use of the Site after such changes are posted constitutes acceptance of all changes.

Applicable Law
The TOU shall be governed by and construed in accordance with the laws of the state of Texas as it is applied to contracts entered into by residents of the state of Texas.

This TOU (including the uwaretees.com Privacy Statement, incorporated herein by reference) constitute the entire agreement between you and us with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party.

Any dispute relating in any way to your visit to uwaretees.com or to products you purchase through the web site shall be submitted to confidential arbitration in Dallas, Texas, except that, to the extent you have in any manner violated or threatened to violate the uware brands' intellectual property rights, uware brands may seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted by a single arbitrator under the rules then prevailing under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Policy for Claims of Infringement of Copyrighted Material
If you believe that material is posted on the Site in a manner than infringes your copyright, please notify us by providing the following information in writing to our Copyright Agent:

uware brands
Club Red, LLC
P. O. Box 993
Rockwell, NC 28138

Last updated on December 1, 2016