Terms of Service for The Underwear Expert
This agreement is in effect as of March 21, 2017.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
RESPONSIBLE USE AND CONDUCT
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
WHEREIN, YOU SHOULD UNDERSTAND THAT:
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that is:
i.Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any employees or representatives of The Underwear Expert, Inc.
We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal and consent to waive any claim against us.
- You agree to indemnify and hold harmless The Underwear Expert, Inc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
LIMITATION OF WARRANTIES
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
- the use of our Resources will meet your needs or requirements.
- the use of our Resources will be uninterrupted, timely, secure or free from errors.
- the information obtained by using our Resources will be accurate or reliable, and
- any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
- Furthermore, you understand and agree that:
- any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- no information or advice, whether expressed, implied, oral or written, obtained by you from The Underwear Expert, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
E-COMMERCE: Taxes, Duties, Customs, Currency Conversion
Customer is responsible for:
- Sales Tax due to shipping within the United States. The shopping cart will display appropriate sales tax based on destination state in the US.
- Customs fees or duties imposed due to shipping outside of the United States. The destination country may impose customs fees, duties, or other fees that are the responsibility of the customer.
- Fees imposed due to currency conversion.
Note: All prices are in USD unless otherwise specified.
LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. The Underwear Expert, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on www.underwearexpert.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of The Underwear Expert, Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any such proprietary content on this site, is strictly prohibited, unless specifically authorized by The Underwear Expert, Inc..
TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
The Underwear Expert, Inc. and/or third parties may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that The Underwear Expert, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owners of such websites.
We may run contests on the website or on our various social media platforms. One contest that is being run from December 1, 2016 thru December 1, 2017 is described below.
LET'S SEE YOUR PACKAGE
Post your Underwear Expert Club order on Instagram for a chance to get a month subscription for free!
Rules For Entry:
You must be 18 years or older
Nudity and inappropriate images are forbidden
Take a picture of your open Box with the Underwear Expert logo showing
Make sure the photo is clear
You do not have to appear in the image although you are welcome to do so
Tag @underwearexpert in the photo and description along with #LetsSeeYourPackage
You may enter multiple times. One Winner is chosen at random within the first week of each month and that Winner is contacted in the second week of each month. The Winner will receive one month’s credit on the subscription for the following month. The total value of the prize is less than $100 USD. The Contest is valid only in the USA. The Underwear Expert, Inc. is not responsible for any late, lost, misdirected, corrupted, improperly formatted or unprocessed entries. If you do not have an underwear subscription, post a photo of your existing underwear with a sign that says "@underwearexpert". No purchase required.
General Rules for all Contests
The Contests are void where prohibited, taxed or restricted by law. All federal, state and local laws and regulations apply. The Underwear Expert, Inc reserves the right to reject any entry which would violate law.
Employees of The Underwear Expert, Inc., its respective subsidiaries, affiliates, promotion or fulfillment agencies, and any of their affiliated companies and suppliers, and immediate families and members of household (whether or not related) and their respective officers, employees and directors are not eligible to enter or win. Non-compliance with these Official Rules may result in disqualification and an alternate winner may be selected by The Underwear Expert, Inc.. Return of any prize notification as undeliverable will result in automatic disqualification, and an alternate winner will be selected by The Underwear Expert, Inc. No transfer, return or substitution of prize is permitted except by The Underwear Expert, Inc. in its sole discretion. The Underwear Expert, Inc. reserves the right (a) to cancel or modify the Contest or these Official Rules or (b) disqualify any entrant if fraud, misconduct or technical failures destroys or adversely affects the integrity of this Contest as determined by the The Underwear Expert, Inc., in its sole discretion. The Underwear Expert, Inc. is not responsible for any typographical or other error in any contest-related materials, in these Official Rules, the administration of the Contest, or in the announcement of the prizes. Any Winner agrees to indemnify and hold The Underwear Expert, Inc., their subsidiaries and affiliates and their respective directors, officers, employees, agents and assigns, harmless against any and all claims, costs, damages, attorneys’ fees, expenses, any amounts and any liability arising out of acceptance, use or misuse of the prize, which indemnity shall survive indefinitely. By entering the Contest, entrants agree to be bound by these Official Contest Rules and the decisions of The Underwear Expert, Inc., which shall be final, binding and conclusive in all respects. The Underwear Expert, Inc. reserves the right, in its sole discretion, to disqualify any individual it determines to be tampering with or abusing the entry mechanism, to be violating these Official Contest Rules or to be acting in a disruptive or inappropriate manner, in The Underwear Expert, Inc.’s sole discretion.
These are the Terms and Conditions applicable to The Underwear Expert Referral Program.
- Qualified Referral. A Qualified Referral is defined as a purchase made at underwearexpert.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
- Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an Underwear Club subscription order and be a member for more than 31 days. Credits are posted after 31 days and will be visible in the My Account section.
- Reward Payments. Rewards are payable in increments of $5. The maximum Qualified Referrals earned per calendar year may be no more than 50 Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards. If you cancel your subscription, your rewards are no longer valid.
- Eligibility is limited to individuals only. Underwear Expert’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Underwear Expert’s sole discretion.
- No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Underwear Expert’s Refer-a-Friend program.
- Right to Close Accounts. Underwear Expert reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Underwear Expert Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
- Right to Cancel Program or Change Terms. Underwear Expert reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
This website is controlled by The Underwear Expert, Inc. from our offices located in the state of New York, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of New York, by accessing our website, you agree that the statutes and laws of New York, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in New York, New York, USA. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, The Underwear Expert, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us : firstname.lastname@example.org.
The Underwear Expert, Inc.
134 North 4th Street, Second Floor
Brooklyn, New York 11249