Terms and Conditions

Last Updated: December 15, 2024

Welcome to utvedesa. These Terms and Conditions ("Terms") govern your use of the utvedesa website located at utvedesa.com ("Website") and all related services, content, features, and products offered by utvedesa ("Services").

Please read these Terms carefully before using our Website or Services. By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use our Website or Services.

1. Acceptance of Terms

By accessing or using our Website or Services, you represent that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher. If you are under the age of 18 or the applicable age of majority, you may use our Website only with involvement and consent of a parent or legal guardian.

You represent and warrant that you have the legal right, power, and authority to agree to these Terms and to fully perform your obligations hereunder.

2. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time and for any reason at our sole discretion. We will provide notice of material changes to the Terms by posting the amended terms on the Website and updating the "Last Updated" date above. Your continued use of the Website or Services following the posting of revised Terms means that you accept and agree to the changes.

It is your responsibility to check these Terms periodically for changes. If you do not agree with the revised Terms, you must stop using our Website and Services.

3. User Accounts

3.1 Account Registration

Some features of our Website may require you to register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

3.3 Account Termination

We reserve the right to terminate or suspend your account and access to our Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by utvedesa, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and Services for your personal, non-commercial use. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

4.3 Restrictions

You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website without our prior written permission
• Use the Website or Services in any way that violates any applicable local, state, national, or international law or regulation
• Use the Website or Services for the purpose of exploiting, harming, or attempting to exploit or harm minors
• Use the Website to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack

5. User Content

5.1 User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Content") on or through the Website.

5.2 License to User Content

By posting User Content on or through the Website, you grant us and our affiliates, licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

5.3 Representations and Warranties

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 of your User Content does and will comply with these Terms
• The User Content is not false, inaccurate, or misleading
• The User Content does not violate any applicable law, regulation, or third-party right
• The User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable

5.4 Monitoring and Enforcement

We have the right but not the obligation to:

• Remove or refuse to post any User Content for any or no reason
• Take any action with respect to any User Content that we deem necessary or appropriate
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website
• Terminate or suspend your access to all or part of the Website for any violation of these Terms

6. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate utvedesa, a utvedesa employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm utvedesa or users of the Website or expose them to liability

7. Products and Services

7.1 Product Descriptions

We strive to provide accurate descriptions of our products and services. However, we do not warrant that product descriptions or other content on the Website are accurate, complete, reliable, current, or error-free. If a product or service offered through our Website is not as described, your sole remedy is to return it in unused condition or discontinue using the service.

7.2 Pricing and Payment

All prices listed on the Website are subject to change without notice. We reserve the right to correct any errors, inaccuracies, or omissions in pricing and to change or update information at any time without prior notice.

Payment for products and services must be made in full before delivery. We accept various payment methods as indicated on our Website. You represent and warrant that you have the legal right to use any payment method(s) you provide in connection with your account.

7.3 Subscriptions

Some of our Services are offered on a subscription basis. By subscribing to such Services, you agree to the recurring billing for the subscription period. Unless otherwise stated, subscriptions will automatically renew for the same subscription period unless cancelled before the renewal date.

You can cancel your subscription at any time through your account settings or by contacting us. Cancellation will be effective at the end of the current billing period.

8. Disclaimers

8.1 Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. utvedesa DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.

8.2 Limitation of Liability

IN NO EVENT WILL utvedesa, ITS AFFILIATES, OR THEIR 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, OR INABILITY TO USE, THE WEBSITE OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless utvedesa, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or Services, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms and your use of the Website and Services shall be governed by and construed in accordance with the laws of Latvia, without giving effect to any choice or conflict of law provision or rule.

10.2 Dispute Resolution

Any legal action or proceeding relating to your access to, or use of, the Website or Services or these Terms shall be instituted in the courts of Latvia. You and utvedesa agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

10.3 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, 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.

12. Waiver

No waiver by utvedesa of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of utvedesa to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13. Entire Agreement

These Terms, our Privacy Policy, and any additional terms, rules, or policies that we publish on the Website constitute the sole and entire agreement between you and utvedesa regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.

14. Contact Information