Terms

Terms of Use

Last Updated: November 2025

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Transcendent Enterprises, LLC, doing business as UpGlove ("we," "us," "our," or "Company"), concerning your access to and use of the https://upglove.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents posted on the Site from time to time are incorporated herein by reference. We reserve the right to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms of Use. It is your responsibility to periodically review these Terms of Use to stay informed. You will be deemed to have accepted changes by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

You are granted a limited, non-exclusive, non-transferable license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

User Representations

By using the Site, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update registration information as necessary;
You have the legal capacity and agree to comply with these Terms of Use;
You are not under the age of 18;
If you are a minor in your jurisdiction, you have received parental permission to use the Site;
You will not access the Site through automated or non-human means, including bots or scripts;
You will not use the Site for any illegal or unauthorized purpose;
Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors. Your electronic display may not accurately reflect the actual colors and details of the products.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Product Condition and Warranties

Unless otherwise specified, all products are sold in new condition. Any products sold as "open box," "refurbished," or "used" will be clearly marked as such. We provide no express warranty beyond what is stated in individual product descriptions. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PRODUCTS ARE PROVIDED "AS IS" WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR PRODUCT DEFECTS, INJURIES, OR DAMAGES RESULTING FROM PRODUCT USE, INCLUDING BUT NOT LIMITED TO CLAIMS FOR BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY. SUCH CLAIMS SHALL BE GOVERNED BY THE MANUFACTURER'S WARRANTY IF APPLICABLE, AND YOUR SOLE REMEDY SHALL BE LIMITED TO RETURN OR REPLACEMENT OF THE PRODUCT.

Purchases and Payment

We accept the following forms of payment: Visa, Mastercard, American Express, and Discover.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

If your order is subject to recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. You can cancel by logging in to your account or emailing support@upglove.com.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. We reserve the right to cancel any accounts at our sole discretion. If your account has not made a purchase or rebill in 12 months, we may cancel your account without notification.

Return/Refunds Policy

Our return and refund policy is posted here: https://upglove.com/support. This policy is incorporated into these Terms of Use by reference and governs all product returns and refund requests.

Shipping and Delivery

All orders ship to addresses within the United States only. We do not ship to international addresses. Any orders placed from outside the United States are prohibited and will be cancelled and refunded. By placing an order, you represent that you are ordering for delivery to a US address and that you are not located outside the United States.

WE ARE NOT RESPONSIBLE FOR PACKAGES THAT ARE LOST, DAMAGED, DELAYED, OR STOLEN IN TRANSIT. Carrier liability is limited by the shipping carrier's terms and conditions. Your sole remedy for lost or damaged packages is to file a claim directly with the shipping carrier. We will provide tracking information and assist with carrier claims upon request, but we assume no liability for carrier performance or failures.

Orders may be delayed due to inventory availability, verification processes, or carrier issues. We do not guarantee specific delivery dates. Delivery delays do not constitute grounds for order cancellation, refund, or chargeback.

You assume all risk for packages from the moment they leave our facility. Title and risk of loss pass to you upon shipment.

Order Cancellation and Modifications

Orders may be cancelled within 24 hours of placement for a full refund if the order has not yet shipped. After 24 hours or once an order has shipped, cancellations may not be available. We reserve the right to charge restocking fees of up to 15% of the order value for cancelled orders. We reserve the right to refuse cancellation requests at our sole discretion.

Product specifications, colors, sizes, availability, and pricing may change at any time. We are not liable for changes made after your order is confirmed. If a product becomes unavailable after order confirmation but before shipment, we will notify you and offer alternatives or a full refund.

Inventory counts displayed on the Site are approximate and may not reflect real-time availability. Items may become out-of-stock after order confirmation. In such cases, we will notify you promptly and offer a full refund or alternative product.

Product Safety and Proper Use

All products must be used according to manufacturer instructions and warnings. Failure to follow instructions, misuse, or improper use of products may cause injury or damage. WE ARE NOT LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES RESULTING FROM MISUSE, FAILURE TO READ INSTRUCTIONS, IMPROPER USE, OR DISREGARD OF MANUFACTURER WARNINGS.

YOU ASSUME ALL RISK OF PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF PURCHASED PRODUCTS, INCLUDING BUT NOT LIMITED TO RISKS FROM DESIGN, MANUFACTURING, OR MATERIAL DEFECTS NOT COVERED BY MANUFACTURER WARRANTY. This includes risks that may arise despite our efforts to provide safe products.

Manufacturer warranties, if applicable, are provided by the manufacturer and are subject to their terms. We are not responsible for enforcing or honoring manufacturer warranties. Your sole remedy for product defects is through the manufacturer's warranty process.

Payment Disputes and Chargebacks

You agree to resolve any payment or order disputes directly with us before pursuing chargebacks, disputes, or claims with your payment provider. Chargeback claims must be initiated within 180 days of the purchase date or they will be considered waived. We reserve the right to refuse service to customers who file chargebacks, disputes, or claims with payment providers without first attempting to resolve the issue with us.

Repeated or fraudulent chargeback attempts will result in immediate account termination and legal action. You agree to reimburse us for all costs, fees, and damages incurred as a result of disputed payments or chargebacks.

Inventory and Stock Availability

All product availability is subject to stock levels. Although we make efforts to maintain accurate inventory, inventory counts are approximate and may not reflect real-time availability. Products may become out-of-stock after order confirmation. We are not liable for out-of-stock situations. In the event a product is out-of-stock after order confirmation but before shipment, we will notify you and offer a full refund or alternative product at our discretion.

Force Majeure

We are not liable for failure to perform our obligations under these Terms of Use due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, wars, terrorism, government actions, supply chain disruptions, manufacturer delays, carrier failures, cyberattacks, or other unforeseen circumstances. In such events, we will make reasonable efforts to notify you of delays and will not be liable for any damages, losses, or inconvenience resulting from such failures to perform.

Prohibited Activities

You may not access or use the Site for any purpose other than as intended. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. Prohibited actions include, but are not limited to:

Systematically retrieving data or content without written permission;
Collecting user information to send unsolicited emails;
Using automated scripts to create accounts;
Circumventing security features or limits;
Harassing, intimidating, or impersonating others;
Uploading malware, spyware, viruses, or other harmful code;
Reverse engineering, decompiling, or disassembling Site software;
Using the Site in violation of any applicable law or regulation;
Using the Site as part of any effort to compete with us or for any revenue-generating endeavor;
Interfering with, disrupting, or creating an undue burden on the Site or its infrastructure;
Making false or misleading claims about our products or services;
Using the Site to send unsolicited commercial communications.

User Generated Contributions

The Site may allow you to submit content ("Contributions"), including reviews, comments, text, photos, or other materials. You retain ownership of your Contributions but grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and fully-paid license to use, copy, display, distribute, and create derivative works from your Contributions for any purpose, commercial or otherwise.

By submitting Contributions, you represent and warrant that: (1) you own or have the necessary rights to the Contributions; (2) the Contributions do not infringe any third-party intellectual property rights; (3) the Contributions are not false, defamatory, obscene, or offensive; (4) the Contributions comply with all applicable laws; and (5) you have obtained all necessary consents from any individuals depicted in the Contributions.

We may edit, remove, re-categorize, or refuse any Contributions at our discretion without notice. We have no obligation to monitor Contributions. You are solely responsible for your Contributions and agree to indemnify us from any claims arising from them.

Guidelines for Reviews

Reviews must reflect your firsthand experience and not include offensive, discriminatory, false, or defamatory content. Reviews must not be part of any coordinated campaign. We may accept or remove reviews at our discretion. By posting a review, you grant us a perpetual, worldwide, royalty-free license to reproduce, modify, translate, and distribute the review content.

Social Media

Linking to Third-Party Accounts is governed solely by your agreement with those providers. We are not responsible for third-party content, practices, or policies. We make no effort to monitor or verify third-party content. Your relationship with third-party providers is solely between you and them.

Submissions

All suggestions, ideas, feedback, or other information provided to us are non-confidential and become our exclusive property. We may use them for any lawful purpose without compensation, acknowledgment, or restriction.

Third-Party Websites and Content

We are not responsible for the content, accuracy, policies, practices, or security of third-party websites linked or integrated with the Site. Purchases or transactions through third-party sites are between you and the third party, and we take no responsibility for such transactions. You assume all risk associated with third-party websites and content. We do not endorse any third-party products or services.

Advertisers

Advertisers are solely responsible for the content of their advertisements and any services or products sold through or promoted by those advertisements. We are not responsible for advertiser content, products, or services. Advertisements are subject to DMCA provisions, and advertisers waive any right to refund related to DMCA takedowns.

Site Management

We reserve the right, but not the obligation, to monitor the Site for violations of these Terms of Use. We may take appropriate legal action against anyone who violates the law or these Terms of Use, including reporting to law enforcement. We may refuse, restrict, limit, or disable access to any Contributions or portions thereof, or remove any content that is excessive, burdensome, or in violation of these Terms of Use, all at our sole discretion and without notice or liability.

Privacy Policy

Our Privacy Policy is posted at https://upglove.com and incorporated herein by reference. By using the Site, you consent to our collection, use, and processing of your personal information as described in the Privacy Policy, including transfer and processing in the United States. We do not knowingly collect information from children under 13. In accordance with the Children's Online Privacy Protection Act (COPPA), if we receive knowledge that anyone under 13 has provided personal information without parental consent, we will delete that information as quickly as reasonably practical.

Email and Communication Consent

By providing your email address and phone number on the Site, you consent to receive marketing communications, promotional emails, and SMS messages from us. You may opt-out of marketing communications at any time by clicking the unsubscribe link in any email or by contacting us at support@upglove.com.

You cannot opt-out of transactional communications, including order confirmations, shipping notifications, account alerts, and customer service communications, as these are necessary for order fulfillment and account management.

Digital Millennium Copyright Act (DMCA) Notice and Policy

We respect intellectual property rights. If you believe material on the Site infringes your copyright, notify our Designated Copyright Agent with the following information: (1) your physical or electronic signature; (2) identification of the copyrighted work infringed; (3) identification of the infringing material and information sufficient to locate it; (4) your contact information; (5) a statement that you have a good faith belief that the use is not authorized; and (6) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you believe your material was removed by mistake, you may submit a written Counter Notification including: (1) identification of the removed material and its location; (2) a statement consenting to jurisdiction; (3) a statement that you will accept service of process; (4) your contact information; (5) a statement under penalty of perjury that the removal was a mistake; and (6) your signature.

You may be held liable for damages if you make material misrepresentations in a Notification or Counter Notification. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent:

UpGlove
Attn: Copyright Agent
3225 S MacDill Ave #129-309
Tampa, FL 33629
support@upglove.com

Term and Termination

These Terms of Use remain in full force while you use the Site. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

We may suspend or freeze your account during investigation of fraudulent activity, chargebacks, payment disputes, or suspicious account behavior without liability or notice. Account suspension or freezing does not require proof of wrongdoing and is at our sole discretion.

If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason without notice. We have no obligation to update any information on the Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION, OR DISCONTINUANCE OF THE SITE.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. YOU AGREE THAT WE HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, DAMAGE, OR INCONVENIENCE CAUSED BY YOUR INABILITY TO ACCESS OR USE THE SITE DURING ANY DOWNTIME OR DISCONTINUANCE OF THE SITE. Nothing in these Terms of Use obligates us to maintain and support the Site or to supply any corrections, updates, or releases.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 5-MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold harmless us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. YOU AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSS OR CORRUPTION OF ANY SUCH DATA, AND YOU HEREBY WAIVE ANY RIGHT OF ACTION AGAINST US ARISING FROM ANY SUCH LOSS OR CORRUPTION OF SUCH DATA.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Governing Law and Dispute Resolution

Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us, the Parties agree to first attempt to negotiate any Dispute (except those expressly excluded below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), available at www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and limited by the AAA Consumer Rules where appropriate. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Hillsborough County, FL.

Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Hillsborough County, FL, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

UpGlove
3225 S MacDill Ave #129-309
Tampa, FL 33629
support@upglove.com
https://upglove.com/contact