By accessing or using any features of the site, including the purchase of products and services on the site located at universalrestarintsystems.com.au (the “Universal Restraint Systems Site”) and operated and managed by Universal Restraint Systems (“URS” “we” or “us”), you agree to be bound by these Terms of Use (“Terms of Use”). All visitors to and users (“you” “your” or “Users”) of any aspect of the Universal Restraint Systems Site are bound by these Terms of Use. We reserve the right to modify the Terms of Use at any time without prior notice to you. Therefore, we recommend that you read these Terms of Use carefully each time you use this Web site.

Please note that the guidelines, policies and other terms and conditions of service and use of other Web sites affiliated with Universal Restraint Systems may vary from these Terms of Use.

As a User of the Universal Restraint Systems Site, you may, from time to time, post content and share it with other users, read content generated by other visitors to the Universal Restraint Systems Site and other affiliated sites, and view third party postings and reviews regarding products and services. If you wish to post content to or participate in the Universal Restraint Systems Site other than simply by reading product information and content and reviews posted by others, you must provide your name or screen ID and your email address.

These Terms of Use set out the legally binding terms with respect to your use of the Universal Restraint Systems Site. Please read these Terms of Use carefully. Your access to and use of the Universal Restraint Systems Site constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, you should not access or use the Universal Restraint Systems Site.

Eligibility

The Universal Restraint Systems Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Universal Restraint Systems Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the Universal Restraint Systems Site. In the event we become aware you are under 18, we will terminate your registration.

Changes to the Universal Restraint Systems Site

You agree and understand that the Universal Restraint Systems Site, including any and all features available via the Universal Restraint Systems Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Universal Restraint Systems Site implemented after your initial access to the Universal Restraint Systems Site shall be subject to these Terms of Use. We do not actively monitor and undertake no obligation to monitor or modify any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the Universal Restraint Systems Site by any User (all such items provided by Users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Use, including without limitation, by removing any User Content posted in violation of these Terms of Use, terminating the registration of such violators or blocking such violators’ use of the Universal Restraint Systems Site.

Registration

In order to access some features of the Universal Restraint Systems Site, you may be required to register and to select a password and username, which shall consist of an email address you provide and a screen name (“User ID”). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Use, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.

Security

You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Universal Restraint Systems Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

Use of the Site/Services

Other than when ordering Universal Restraint Systems products or services from the Universal Restraint Systems Site, you may use the Universal Restraint Systems Site solely for your personal, non-commercial use. For example, you may use the Universal Restraint Systems Site to solicit opinions, ideas and other input from, and share ideas and opinions with, other Users, and to search the Universal Restraint Systems Site for User Content and business or product information. You may also invite people you know to join the Universal Restraint Systems Site. You acknowledge and agree that we do not control the User Content posted to the Universal Restraint Systems Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Universal Restraint Systems Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the Universal Restraint Systems Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent our views. You understand that, by using the Universal Restraint Systems Site, you may be exposed to User Content that may be offensive or objectionable.

IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not:

  • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Universal Restraint Systems Site, except and to the extent expressly permitted under these Terms of Use;
  • remove any copyright, trademark or other proprietary rights notice contained in or on the Universal Restraint Systems Site;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Universal Restraint Systems Site;
  • collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
  • reformat or frame any portion of any Web pages that are part of the Universal Restraint Systems Site;
  • create user accounts by automated means or under false or fraudulent pretences;
  • create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the Universal Restraint Systems Site;
  • submit to the Universal Restraint Systems Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to the Universal Restraint Systems Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Universal Restraint Systems Site, any other Web site, or any computer or other device or system, or the enjoyment of the Universal Restraint Systems Site by any User;
  • use the Universal Restraint Systems Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to the Universal Restraint Systems Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Universal Restraint Systems Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any User Content offered on the Universal Restraint Systems Site other than for your personal, non-commercial use;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Universal Restraint Systems Site or the IT infrastructure used to operate and make the Universal Restraint Systems Site available;
  • use the Universal Restraint Systems Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
  • collect or store personal data about other Users in connection with the prohibited activities described in this paragraph

User Content Posted By You on the Universal Restraint Systems Site

You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party’s prior written consent.

You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms of Use, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity; or (iv) does not make good business sense to us.

The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Universal Restraint Systems Site. You may not post any content that:

  • is patently offensive to users of the Universal Restraint Systems Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • promotes illegal activities or conduct that is abusive;
  • is threatening, obscene, defamatory or libelous;
  • is pornographic or sexually explicit in nature; or
  • seeks to, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner or seeks or recommends providers that solicit personal information from anyone under 18.

You are solely responsible for any User Content you post, publish or display on the Universal Restraint Systems Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the Universal Restraint Systems Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.

You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Universal Restraint Systems Site any User Content that is false, inaccurate, misleading or fraudulent.

By uploading User Content to the Universal Restraint Systems Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) Universal Restraint Systems, and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Use, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User’s personal, non-commercial use. You hereby irrevocably waive and assign to us any and all so-called moral rights or “droit moral” you may have in or with respect to any User Content you post to the Universal Restraint Systems Site.

Consent to Receive Email

We only send marketing communications to users with your prior consent, and changing your contact preferences. Please note you will continue to receive transactional messages related to our Services, even if you unsubscribe from marketing emails.

Copyrights

If you believe any User Content or any other aspect of the Universal Restraint Systems Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements by providing the following information:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Universal Restraint Systems Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent for notice of claims of copyright infringement on the
Universal Restraint Systems Site may be reached at the following address:

  • E: [email protected]
  • T: +61 7 3011 2200
  • M: GPO Box 1413, Brisbane, QLD, 4001, Australia  

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • If a counter-notice is received by the Copyright Agent, Universal Restraint Systems may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Universal Restraint Systems’ sole discretion.

Privacy

Use of the Universal Restraint Systems Site is also governed by our Privacy Policy which we encourage you to review.

Ownership

As between you and us, the Universal Restraint Systems Site, including all photographs, images, text, graphics, icons, audio clips, video clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Universal Restraint Systems Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors, vendors or distributors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms of Use shall be deemed to grant to you or any other User any rights, title or interest in or to any patent, copyright, trademark, trade secret or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Universal Restraint Systems Site are the proprietary property of Universal Restraint Systems or our respective licensors, vendors or distributors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Universal Restraint Systems Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Universal Restraint Systems Site without the express written permission of the trademark owner.

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