Terms and Conditions
This page will describe our Terms & Conditions. These Terms govern your access to, usage of all content, Product and Services available at https://ultimak.com website (the “Service”) operated by UltiMAK, Inc. (“UltiMAK,” “Us,” “We,” or “Our”).
Your access to our Services is subject to your acceptance, without modification, of all of the Terms and Conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to every part of the Terms of the Agreement, then you may not access or use our Services.
Accounts
Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.
Third-Party Services
In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third-Party Services”).
If you use any Third Party Services, you understand that:
- Any use of a Third Party Service is at your own risk, and We shall not be responsible or liable to anyone for Third Party websites or Services.
- You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such websites or services.
Trademarks
UltiMAK and other marks indicated on our site are trademarks owned exclusively by UltiMAK. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not UltiMAK, in any manner that seeks to disparage or discredit UltiMAK, or in any manner that may cause confusion among our customers.
Copyright
All content on this website is the exclusive property of UltiMAK, except where noted or implied otherwise. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and We reserve all rights contained therein. In case of dispute or infringement, We will rigorously defend our rights to this material.
Typographical Errors
In the event that an UltiMAK product is mistakenly listed at an incorrect price, UltiMAK reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. UltiMAK reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, UltiMAK shall issue a credit to your credit card account in the amount of the incorrect price.
Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by UltiMAK.
UltiMAK assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. UltiMAK shall also not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate the Agreement or your UltiMAK account, you may simply discontinue using our Services.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer
Our Services are provided “AS IS.” and “AS AVAILABLE” basis. UltiMAK and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither UltiMAK, nor its suppliers and licensors, makes any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Idaho.
The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Idaho.
Limitation of Liability/Indemnification
In no event shall UltiMAK, its officers, managers, directors, employees, agents, contractors, and affiliate entities be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however the same may arise, whether in contract, negligence or other tortious action, or arising out of or in connection with the use or inability to use our website or products available from this website. By using this website, you agree to defend, indemnify and hold harmless UltiMAK, its officers, managers, directors, employees, agents, contractors, and affiliate entities from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of our website or your breach of these Terms and Conditions.
Acceptance of Terms and Conditions
You affirm that you are: (a) at least 18 years of age; (b) an emancipated minor; or (c) possess legal parental or guardian consent, and are fully able and competent to enter into the Terms, Conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions and the UltiMAK Privacy Policy, and to abide by and comply with such Terms, Conditions and obligations.
Changes
UltiMAK reserves the right, at our sole discretion, to modify or replace these Terms at any time.
If We make changes that are material, We will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect.
We will try to provide at least 30 days notice prior to the effective changes. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.
Your continued use of our Services will be subject to the new Terms.
Contact Us
If you have any questions about these Terms and Conditions, please contact us by email at web@ultimak.com or by phone at 208-883-4734.
Last Updated: November 6, 2022