Terms of service
Terms & Conditions
Last updated: 14 October 2026
IMPORTANT. PLEASE READ CLOSELY. SECTIONS 22 THROUGH 26 SET OUT A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A MASS ACTION WAIVER AND A JURY TRIAL WAIVER. EACH ONE AFFECTS YOUR LEGAL RIGHTS. UNLESS EXPRESSLY PROVIDED BELOW, DISPUTES GO TO FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU CAN OPT OUT UNDER SECTION 26.
THE United and Brave® VIP MEMBERSHIP IS ALSO COVERED HERE. IT IS A PAID SUBSCRIPTION THAT RENEWS AUTOMATICALLY, AND MEMBERS ARE CHARGED ON A RECURRING BASIS UNTIL THEY CANCEL. SEE SECTION 6 FOR ALL AUTOMATIC RENEWAL AND CANCELLATION TERMS.
IF YOU VISIT, USE OR INTERACT WITH OUR SERVICES, OR PURCHASE ANYTHING FROM US, ALL OF THESE TERMS BIND YOU AND YOU ACCEPT THEM.
Overview
Welcome. United and Brave® ("we", "us", "our") runs this store and website. The "Services" means all of it: related subdomains, checkout funnels, landing pages, mobile experiences, information, content, features, tools, products and services. Shopify powers the Services and lets us offer them to you.
These Terms of Service ("Terms") and the policies they reference set out your rights and responsibilities when using the Services. They hold key information about your legal rights, such as warranty disclaimers, limitations of liability and the dispute resolution terms above.
Your use of the Services binds you to these Terms and our Privacy Policy. If you disagree, do not access or use the Services.
1. Acceptance
1.1 Eligibility
You accept these Terms in full by accessing the Services, creating an account, enrolling in the VIP Membership, clicking a button to agree, or buying a product. In doing so you represent that you are at least eighteen (18), that you are of the age of majority in your state or province, that you have full legal capacity to make a binding agreement, and that you agree to all of these Terms. You also consent to your minor dependents using the Services on devices you own, purchase or manage.
1.2 Clickwrap
Where shown, certain transactions need an affirmative step from you, like ticking an unchecked box or clicking a clearly labelled button, to acknowledge these Terms before you finish. That step is legally binding electronic consent.
1.3 Changes
These Terms may be revised by us at any time, in our sole discretion. The latest version always sits on this page. For material changes we give reasonable notice by email, account notification or site banner, and they take effect on the date in that notice. Continued use after that date means you accept the revised Terms.
2. Access & Account
You get a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services for personal, non-commercial use only. We may also modify or discontinue any part of the Services, restrict or terminate access, or refuse anyone service, for any reason and at any time. We are not liable if the Services go down or are unavailable.
You may need to give us your email address and billing, payment and shipping details. You represent and warrant that this information is correct, current and complete and that you have every right necessary to provide it.
Securing your login credentials is solely on you, as is all activity on your account. Report unauthorised access to support@unitedandbrave.com immediately. Accounts are personal, so no transfer, sale, assignment or licensing to others. We may disable accounts at our discretion for breaches of these Terms.
3. Products
We try hard to represent products accurately, but colours and appearance can vary on screen depending on your device and settings.
No warranty is given that a product's appearance or quality will meet your expectations or match its depiction in our online stores.
We can edit product descriptions whenever we like, without notice and at our sole discretion. We may discontinue any product at any time and limit quantities offered to any person, geographic region or jurisdiction, case by case.
Relying on information in the Services is strictly at your own risk. We disclaim all liability for reliance on Website materials, on interpretations of product descriptions, or on third-party materials or testimonials on the Services.
4. Orders
An order is your offer to buy. We may accept or decline it for any reason at our discretion, including suspected fraud, pricing errors or unavailability. An order is accepted only once we confirm it, and only after we receive and process your payment.
Review your order carefully before submitting it, since after acceptance we may be unable to accommodate a cancellation. If we decline, change or cancel an order, we will try to notify you by the email address, billing address or phone number you gave at checkout.
Returns and exchanges are governed solely by our Refund Policy.
You represent and warrant that purchases are for personal or household use only, not commercial resale or export.
5. Payment
5.1 Prices
Prices, discounts and promotions are open to change without notice. You pay the price in effect at the time of ordering, shown in your order confirmation email. Amounts are in U.S. dollars. Taxes, shipping, handling, customs and import charges are not included unless we expressly say so. Online prices may differ from those in physical stores or third-party stores.
Promotions may carry their own separate terms. Where they conflict with these Terms, the promotion terms govern.
5.2 Authorisation
By giving us a payment method, you represent and warrant that (i) your payment information is true, correct and complete, (ii) you are duly authorised to use it, (iii) your card issuer will honour your charges, and (iv) you will pay your charges at the posted prices, plus shipping and handling charges and all applicable taxes. You authorise us to charge that method for products, VIP Membership renewals, shipping charges, applicable taxes and any other disclosed fees. A declined payment may lead us to suspend or cancel your order.
5.3 Your Details
You agree to keep your purchase, payment and account information (email address, card numbers, expiration dates) current, complete and accurate so we can complete transactions and contact you as needed.
5.4 Card Updates
Your issuer may send us updated card details (like a new number or expiration date), and we may update your account with them. Charges to the updated method are authorised by you. To opt out of automatic updates, contact your issuer, remove your stored payment method or cancel your VIP Membership. You cover any bank or card fees. If a charge is reversed, we may invoice you directly and seek payment another way.
5.5 Processors
Third-party providers may process payments under their own terms and privacy policies. We are not responsible for their errors.
6. VIP Membership
READ CAREFULLY: THE United and Brave® VIP MEMBERSHIP IS A PAID, AUTO-RENEWING SUBSCRIPTION. IT CHARGES YOUR PAYMENT METHOD ON A RECURRING BASIS UNTIL YOU CANCEL IT.
6.1 Enrolment
The Services may offer a membership ("VIP Membership" or "Subscription Service") with discounts and other member benefits for a recurring fee. Enrolling means you accept its recurring payment obligations and authorise United and Brave® to charge your payment method automatically at the stated billing interval until you cancel.
6.2 Trial
New members qualify for a one-time 10-day free trial. Starting it authorises us to charge your selected payment method when it ends unless you cancel before the trial expiration date. Limit one per member, household and payment method.
6.3 Disclosures & Consent
Before you confirm billing information and complete enrolment, we show a clear and conspicuous notice, in visual proximity to the consent request, disclosing all of the following:
- automatic renewal, with recurring charges unless you cancel;
- renewal every twenty-eight (28) days, plus any additional renewal terms;
- the charge per renewal period and its frequency: $49.95 every 28 days, unless you take timely steps to cancel;
- that the first charge happens immediately after the 10-day free trial;
- available cancellation methods, including online cancellation and how to contact us;
- a direct link to online cancellation at https://shop.unitedandbrave.com/pages/cancel-membership; and
- our contact information (Section 31).
Before completing your purchase, you must take an affirmative action (ticking an unchecked acknowledgment box or clicking a clearly labelled button, for example) that expressly confirms consent to the recurring charges. Taking it gives express informed consent to the automatic renewal terms. We never obtain it with pre-checked boxes or other defaults.
6.4 Renewal
UNLESS YOU CANCEL UNDER THESE TERMS, YOUR MEMBERSHIP RENEWS AUTOMATICALLY AT THE THEN-CURRENT RATE, ON THE SAME BILLING INTERVAL SELECTED AT CHECKOUT. After the 10-day free trial, your membership converts to a paid 28-day membership and $49.95 is charged immediately. It then renews automatically every 28 days. You authorise these recurring charges until cancellation.
6.5 Confirmation
After enrolment, we email an order confirmation to the address you gave. It includes (a) a summary of the automatic renewal terms, (b) the amount charged and billing frequency, (c) your cancellation methods and (d) a direct link to the online cancellation process. Keep it for your records. No confirmation within 24 hours of enrolling? Email support@unitedandbrave.com.
6.6 Cancelling
Cancel your trial or membership at any time using any method below. To avoid the next billing period's charge, cancel at least twenty-four (24) hours before your next scheduled billing date. To avoid the first membership period's charge, cancel before the 10-day free trial ends.
- Easiest, online: go to https://shop.unitedandbrave.com/pages/cancel-membership and follow the clearly labelled steps. No call needed.
- Email: send your request to support@unitedandbrave.com. Expect confirmation within one (1) business day.
- Contact form: submit a request via our Contact page.
- Phone: call +1 (844) 747 2468, and the cancellation is done while you are on the line.
Cancelling never requires a live representative, a retention flow or any step beyond those above. Online portal cancellations take effect on on-screen confirmation, and a cancellation confirmation email goes to the address on file. No further recurring charges are processed after the current billing period ends.
6.7 After Cancelling
Cancel partway through an active 28-day membership period and your benefits continue until it ends. Fees already charged are not refunded (see Section 8).
6.8 Failed Payments
If a recurring charge fails, you authorise us to retry it, ask you for updated payment information, and suspend member benefits and shipments until paid. Staying enrolled reaffirms your authorisation to charge your payment method. Unpaid balances may go to collection where the law allows.
6.9 Benefits
VIP members can get 20% to 80% off select products in our store. Discounts vary by product, promotion, inventory availability and seasonal offers, and not all products qualify. They apply only to qualifying purchases during an active membership period and cannot be stacked with other coupons, promotional offers, clearance pricing or special discounts unless expressly stated. Exclusions may apply to certain brands, products, services, gift cards or limited-time offers. Benefits are for active members in good standing with a valid payment method on file, are non-transferable and may be used only by the enrolled member. We may change discount offerings, participating products and membership benefits at any time without prior notice. Changes are prospective and leave completed purchases untouched.
6.10 Price Changes
We may change membership pricing on reasonable notice, with any advance notice the law requires. New prices apply to future billing cycles, not your current paid period.
6.11 California
California residents receive these additional disclosures under California Business and Professions Code Section 17601 et seq. (the Automatic Renewal Law) and Section 17535 et seq.:
- Renewal: membership renews automatically every 28 days at the then-current price unless cancelled before the next renewal date.
- Cancel: any time at https://shop.unitedandbrave.com/pages/cancel-membership, by email at support@unitedandbrave.com or by phone at +1 (844) 747 2468. Cancelling will not be made hard for you.
- Unauthorised charges: if we fail to give the required disclosures before enrolment, we fully refund any charges you did not authorise. Request this refund at support@unitedandbrave.com.
- Reach us: United and Brave® at support@unitedandbrave.com or +1 (844) 747 2468. Or contact the California Department of Consumer Affairs, Consumer Information Division, 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.
7. Shipping
Products ship with third-party carriers. You must give an accurate shipping address and phone number, and we are not responsible for delays or non-delivery caused by an incorrect address you supply. Email support@unitedandbrave.com right away to change an address. Edits after an order is submitted are not guaranteed.
Shipping and delivery delays are not our liability. Delivery times are estimates only, never guarantees. Delays from shipping carriers, customs processing or events outside our control are not our responsibility. Unless the law requires otherwise, title and risk of loss pass to you when we hand products to the carrier. International customers pay any customs duties and import taxes.
7.1 Delivery Proof
Carrier delivery confirmation is conclusive proof of delivery to the address you gave, signature or not. You agree it is sufficient evidence of delivery for resolving disputes, including chargebacks and non-delivery claims.
8. Refunds
See our Refund Policy for full terms. Sales are final, except where that policy says they are not. Applicable refunds go to the original payment method, and bank posting times vary. We never refund shipping and handling fees.
Membership fees are non-refundable unless applicable law requires otherwise. No refunds for partial billing periods, unused time or unused membership benefits.
9. IP Rights
United and Brave®, its affiliates or licensors own the Services and all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, software and design elements in them, plus their selection and arrangement. U.S. and foreign patent, copyright and other intellectual property laws protect all of this.
You may use the Services only for personal, non-commercial use. Without our prior written consent, do not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services. Nothing here grants you a licence or other rights under any patent, trademark, copyright or other intellectual property of United and Brave®, Shopify or any third party. Unauthorised use may violate federal and state intellectual property laws. We reserve all rights not expressly granted.
Our names, logos, product and service names, designs and slogans are trademarks of United and Brave® or its affiliates or licensors, and they need our prior written permission before any use. Shopify's name, logo, product and service names, designs and slogans are Shopify trademarks. Other marks on the Services are their respective owners' property.
9.1 Copyright Claims
To report copyright infringement, email support@unitedandbrave.com with (i) identification of the copyrighted work, (ii) identification of the infringing material and its location, (iii) your contact information, (iv) a good-faith belief statement, and (v) a statement of accuracy under penalty of perjury.
10. Third Parties
We may give you access to third-party customer tools that we do not monitor or control. They come "as is" and "as available", without warranties, representations, conditions or endorsement of any kind. We have no liability for your use of optional third-party tools, which is at your own risk and discretion. Make sure you know and approve of the terms on which they are provided.
The Services may contain third-party materials, hyperlinks to third-party websites and embedded third-party functionality. Examining or evaluating their content, practices, accuracy or legality is not our responsibility. Leaving the Services to access them is at your own risk. Send complaints, claims, concerns or questions about third-party products and services to the third party.
New features we add later are part of the Services and subject to these Terms.
11. Shopify
United and Brave® runs on Shopify, which enables us to offer you the Services. Purchases in our store are made directly with United and Brave®. By using the Services, you acknowledge that Shopify bears no responsibility for any aspect of a sale between you and United and Brave®, including any injury, damage or loss from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with United and Brave®.
12. Privacy
Personal information we collect through the Services is subject to our Privacy Policy, incorporated into these Terms by reference, and some may also fall under Shopify's Privacy Policy. Using the Services confirms you have read these policies.
Shopify hosts the Services and collects and processes personal information about your access and use in order to provide and improve them. Your submitted information may be transmitted to and shared with Shopify and third parties, possibly in countries other than yours. Cookies, pixels and similar tracking technologies, run by us and third parties, help enhance user experience, analyse performance, personalise content and support advertising and marketing.
By using the Services, creating an account or buying, you consent to electronic communications from us, including order confirmations, shipping notifications, membership renewal and cancellation notices, customer service communications and, if you opted in, marketing emails. Unsubscribe from marketing emails using the link in them. Electronic communications satisfy any legal requirement for written communications.
13. Feedback
Whatever ideas, suggestions, feedback, reviews, proposals, plans or other content you submit, upload, post, email or otherwise transmit ("Feedback"), you grant us a perpetual, worldwide, sublicensable, transferable, royalty-free licence to use, reproduce, modify, publish, distribute and display it in any medium for any purpose, commercial use included.
You represent and warrant that (i) you own or have all necessary rights to the Feedback, (ii) you disclosed any compensation or incentive received for it, (iii) it is truthful and not misleading, and (iv) it complies with these Terms. We need not keep Feedback confidential, pay for it or respond to it.
We may, but need not, monitor, edit or remove Feedback we decide in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates anyone's intellectual property rights or these Terms.
Feedback must not violate third-party rights, including copyright, trademark, privacy, personality or other proprietary rights, or contain unlawful, abusive or obscene material, viruses or malware. Do not use a false email address, impersonate others, or mislead us or third parties about the origin of Feedback. Your Feedback and its accuracy are solely your responsibility, and we assume no liability for Feedback posted by you or any third party.
We may cooperate fully with law enforcement authorities or any court order requiring disclosure of user information. You hold us harmless from claims arising from good-faith disclosures made to comply with legal obligations.
14. Errors
The Services may occasionally contain typographical errors, inaccuracies or omissions about product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We may correct them, change or update information, or cancel orders if any information is inaccurate, at any time without prior notice, even after you submit an order.
15. Prohibited Uses
Use the Services only for lawful purposes. You may not use them, directly or indirectly:
- for unlawful or malicious ends;
- contrary to any international, federal, provincial, state or local law, rule, regulation or ordinance;
- to infringe our or others' intellectual property rights;
- to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or others;
- to share information that is false or misleading;
- to send, knowingly receive, upload, download, use or re-use material that violates these Terms;
- for advertising or promotional material (junk mail, chain letters, spam and the like), whether you send it or procure its sending;
- to pose as any person or entity; or
- for conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that may harm United and Brave®, Shopify or Service users or expose them to liability.
You also may not:
- introduce viruses or other malicious code by uploading or transmitting them;
- reproduce, duplicate, copy, extract, sell, resell or exploit the Services, wholly or partly;
- collect or track others' personal information;
- spam, phish, pharm or pretext against the Services;
- access the Services by robot, spider, scraper, data gathering and extraction tool, automatic device or process, AI tool (including agentic AI) or other automated or manual means; or
- interfere with, bypass or circumvent security or authorisation features, robot exclusion headers or other access restrictions.
We may investigate and pursue violations to the fullest extent of the law and suspend, disable or terminate your account at any time without notice for any violation.
16. Agents
16.1 Scope
This section covers you whenever you use, allow, enable or cause the deployment of an Agent that accesses, uses or interacts with any Services. An "Agent" is any software or service that takes autonomous or semi-autonomous action for, or at the instruction of, any person or entity and can execute on behalf of a person or using their device without direct supervision.
16.2 Access
Agents must identify themselves and comply strictly with Section 16.4 at all times, otherwise they may not access, use or interact with the Services. No Agent may access the Services after we ask it to refrain.
16.3 Limits
We may limit, including technically, whether and how any Agent accesses, uses and interacts with the Services.
16.4 Requirements
Agents must:
- identify themselves as an Agent in all HTTP/HTTPS requests and disclose the Agent's name in the user agent string as "Agent/[agent name]";
- not conceal or obfuscate Agent interactions, including by mimicking human behaviour and interaction patterns or completing or circumventing CAPTCHAs or other measures meant to distinguish computer from human use;
- answer truthfully any question or prompt asking whether interactions come from a human or a computer; and
- not circumvent or avoid measures intended to block, limit, modify or control Agent access.
17. Termination
These Terms apply until terminated. We may terminate this agreement or your access to all or part of the Services at any time, without notice, in our sole discretion. You remain liable for all amounts due up to and including the termination date.
These survive termination: intellectual property, feedback, termination, the warranty disclaimer, liability limits, indemnification, the claims time limit, dispute resolution and arbitration, the class, mass and jury trial waivers, severability, waiver, entire agreement, assignment, governing law, the Privacy Policy, payment obligations, and any provision that by its nature should survive.
18. Warranties
Information on the Services is for general information only. Its accuracy, completeness and usefulness carry no warranty from us, so rely on it strictly at your own risk.
EXCEPT AS United and Brave® EXPRESSLY STATES, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH NO REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, ACCURACY, RELIABILITY, AVAILABILITY AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE USE OF THE SERVICES, THE CORRECTION OF DEFECTS, OR THAT PRODUCTS WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR BAR DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THIS MAY NOT APPLY TO YOU.
19. Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER United and Brave® NOR OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, WILL EVER BE LIABLE FOR ANY INJURY, LOSS OR CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR REPLACEMENT COSTS), IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATING TO THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY PRODUCT PURCHASE, ANY MEMBERSHIP OR AUTOMATIC RENEWAL, OR ANY ADVERTISING OR MARKETING PRACTICES, EVEN IF ADVISED THEY WERE POSSIBLE.
19.1 Cap
TO THE MAXIMUM EXTENT ALLOWED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE GREATER OF (A) WHAT YOU PAID United and Brave® IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE REMEDY IS LIMITED TO THAT AMOUNT.
19.2 Risk
You acknowledge our product and membership prices reflect this Section's allocation of risk, and we would not enter into these Terms without these limits.
20. Your Indemnity
You agree to indemnify, defend and hold harmless United and Brave®, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers and successors from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to third parties due to or arising out of (1) your breach of these Terms or documents they incorporate by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, and late notice does not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement at your expense, including choice of counsel, but will not settle any claim imposing non-monetary obligations on you without your consent, which you will not unreasonably withhold. Your cooperation in defending indemnified claims is required, including supplying relevant documents.
21. Claim Deadline
TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY PRODUCT OR ANY MEMBERSHIP MUST BE COMMENCED WITHIN ONE (1) YEAR OF ACCRUAL OR IT IS PERMANENTLY BARRED. THIS COVERS ALL CLAIMS, IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, EXCEPT WHERE APPLICABLE LAW PROHIBITS IT.
22. Arbitration
THIS SECTION AFFECTS YOUR LEGAL RIGHTS, YOUR RIGHT TO FILE A LAWSUIT IN COURT AMONG THEM. READ IT CAREFULLY.
EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND United and Brave® AGREE TO RESOLVE ALL DISPUTES ONLY BY FINAL AND BINDING INDIVIDUAL ARBITRATION.
22.1 Scope
Any dispute, claim, controversy or cause of action arising out of or relating to these Terms, the Services, any product, any membership or automatic renewal, any advertising or marketing practice, or any alleged misrepresentation (a "Dispute") goes exclusively to binding, confidential arbitration on an individual basis, as you and United and Brave® agree. Interpret "Dispute" broadly.
22.2 FAA
The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs interpretation, enforcement and proceedings under this arbitration agreement, since these Terms evidence a transaction in interstate commerce. The arbitrator decides all threshold arbitrability issues, including scope, validity and enforceability.
22.3 Pre-Arbitration Notice
To start arbitration, the initiating party must first send a written Notice of Dispute with full name, mailing address, the email address associated with the account, a claim description and the specific relief sought. Email notices to us at support@unitedandbrave.com with "Notice of Dispute" as the subject, and they are effective on the date sent. We send notices to you at your account email address. For thirty (30) days after notice, the parties will try in good faith to resolve the Dispute, and neither may file arbitration before then.
22.4 Self-Help
We may still use lawful self-help remedies, including chargeback responses, collection efforts, account suspension or termination, offsetting amounts owed and enforcing payment obligations as permitted by law.
22.5 Procedure
The American Arbitration Association administers arbitration under its Consumer Arbitration Rules before one neutral arbitrator. If the AAA declines, the parties will mutually pick a nationally recognised arbitration provider, or a court will appoint one if they cannot agree. The arbitrator may award all remedies available in an individual action under applicable substantive law, such as compensatory, statutory and punitive damages, declaratory and injunctive relief, and attorneys' fees where a statute or contract authorises them. No relief may be awarded on a class, representative or consolidated basis.
22.6 Costs
Filing, administration and arbitrator fees follow the AAA Consumer Arbitration Rules. Where those rules require, we pay arbitration fees above what you would pay to file a comparable court action. Each side pays its own attorneys' fees unless the law provides otherwise.
22.7 Small Claims Court
Either side may bring an individual small claims court action.
22.8 Injunctions
We may seek temporary, preliminary or permanent injunctive or equitable relief in state or federal court for claims involving intellectual property, confidential information, unauthorised resale, fraud, misuse of the Services, or violations of these Terms threatening irreparable harm. You consent to those courts' exclusive jurisdiction and venue for these limited purposes.
22.9 Public Injunctions
If applicable law bars waiving a claim for public injunctive relief, that claim may go to a court of competent jurisdiction. All other claims for monetary, individualised or non-public injunctive relief stay in binding arbitration.
23. Class Waiver
YOU AND United and Brave® AGREE TO BRING DISPUTES ONLY INDIVIDUALLY. YOU WAIVE ANY RIGHT TO JOIN A CLASS ACTION, SERVE AS CLASS REPRESENTATIVE OR CLASS MEMBER, ACT AS A PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS WITH ANY OTHER PERSON'S. THE ARBITRATOR CANNOT CONDUCT ANY CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED PROCEEDING.
THE WAIVER COVERS ALL DISPUTES, INCLUDING THOSE ABOUT THE VIP MEMBERSHIP, ITS FREE TRIAL OR AUTOMATIC RENEWAL, ANY RECURRING CHARGE, OR ANY RELATED DISCLOSURE OR MARKETING PRACTICE.
IF THIS WAIVER IS UNENFORCEABLE FOR A PARTICULAR CLAIM, THAT CLAIM IS SEVERED AND PROCEEDS IN A COURT OF COMPETENT JURISDICTION, WHILE ALL OTHER CLAIMS STAY IN INDIVIDUAL ARBITRATION.
24. Mass Actions
No Dispute may proceed as a "Mass Action", meaning twenty-five (25) or more similar arbitration demands filed within one hundred eighty (180) days and coordinated by the same or affiliated counsel. These claims will not be consolidated or administered collectively without our consent.
24.1 Batches
If Mass Action conditions are met, claims are grouped into batches of up to two hundred (200) claimants, one batch at a time, each with its own separately appointed arbitrator. Statutes of limitation are tolled during batching.
24.2 Procedural Disputes
Procedural disagreements about administering a Mass Action may go to a neutral special master appointed for the task.
25. No Jury
IF A DISPUTE IS HEARD IN COURT AND NOT IN ARBITRATION, YOU AND United and Brave® EACH WAIVE A JURY TRIAL TO THE FULLEST EXTENT ALLOWED BY LAW.
26. Opt-Out
You may opt out of Section 22 (arbitration), Section 23 (class action waiver) and Section 24 (mass action waiver) within thirty (30) days of first accepting these Terms. Email written notice to support@unitedandbrave.com with the subject "Arbitration Opt-Out", including your name, your account email address and a clear statement that you intend to opt out. Opting out does not affect your other rights or obligations here, and we will not retaliate against you for it.
27. Claim Severability
If any part of Sections 22 through 25 is unenforceable for a specific claim, that claim goes to a court of competent jurisdiction and all other claims remain in individual arbitration.
28. Governing Law
Except as Section 22 provides otherwise, the laws of the State of California govern and construe these Terms and any separate agreements under which we provide Services to you, without regard to conflict-of-law principles. Subject to Section 22, you and United and Brave® consent to venue and personal jurisdiction in the state and federal courts in California.
29. Beyond Our Control
We are not liable for delay or failure to perform any obligation under these Terms caused by events beyond our reasonable control, such as acts of God, natural disasters, pandemics or public health emergencies, labour disputes, supply chain disruptions, governmental actions, war or terrorism, internet service failures, payment processor outages or carrier delays. Performance is excused while the event lasts.
30. General
30.1 Severability
If a provision of these Terms is found unlawful, void or unenforceable, it is still enforced to the fullest extent applicable law permits. The unenforceable part is deemed severed, and the rest stays valid and enforceable.
30.2 Waiver
Not exercising or enforcing a right or provision now is not a waiver of future enforcement. Waivers count only when written and signed by our duly authorised representative.
30.3 Whole Agreement
These Terms, our Privacy Policy, our Refund Policy and any operating rules we post are the entire and integrated agreement between you and us on using the Services and buying products. They supersede all prior or contemporaneous agreements, communications and proposals, oral or written, including earlier versions of these Terms. Ambiguities are not construed against the drafter.
30.4 Assignment
You may not delegate, transfer or assign these Terms or your rights or obligations under them without our prior written consent, and any attempt to do so is null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice, including through a merger, acquisition, corporate reorganisation, sale of assets or operation of law.
30.5 Headings
Headings exist for convenience only. They do not limit or affect these Terms.
31. Contact
Questions about these Terms? Email support@unitedandbrave.com.
United and Brave®
- By email: support@unitedandbrave.com
- By phone: +1 (844) 747 2468
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