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Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB
SITE.
This web site is owned and operated by UndercoverWear, Inc. ("UCW"
or "we"). By using this web site, you signify your agreement to these
terms and conditions of use ("Terms of Use"). If you do not agree to
these Terms of Use, please do not use this web site. We reserve the right, at
our discretion, to change, modify, add to, or remove portions of these Terms of
Use at any time. We suggest that you review these Terms of Use periodically for
changes. Your use of this web site after the posting of changes to these Terms
of Use will mean you accept the changes. UCW may also offer other services from
time to time that are governed by different terms and conditions of use.
COPYRIGHT AND RESTRICTIONS ON USE OF MATERIALS
OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS
All materials contained on this web site are the copyrighted property of UCW
and its affiliates and/or our third party licensors. All trademarks, service
marks and trade names, including but not limited to the UndercoverWear® and
UCW® marks, as well as the names of its products, are proprietary to UCW or its
affiliates and are protected by state, federal and international trademark laws.
The textual, photographic, video, audio and combined audiovisual presentation of this web site are protected under United States and
international copyright laws as copyrighted works. No materials from this web
site may be copied, reproduced, republished uploaded, posted, transmitted or
distributed in any way without the express written permission of UCW, except that
you may download one copy of the materials on any single computer for your
personal, non-commercial home use only, provided that (i) you keep intact all
copyright and other proprietary notices; (ii) you do not modify any of the
materials; (iii) you do not use any materials, without the express written
permission of UCW, in a manner that suggests an association with any of UCW's
products, services or brands and (iv) you do not download quantities of
materials to a database, including those that can be used to avoid future
downloads from this web site. For purposes of these Terms of Use, the use of any
such materials on any other web site or computer environment is prohibited
without the express written permission of UCW.
Anyone who displays, reproduces, copies, creates derivative works or sells
our textual, photographic, video or audiovisual presentations for commercial or
non-commercial purposes without permission from UCW violates the copyright laws
and is liable for copyright infringement. Any person who uses UCW's marks for
commercial purposes without UCW's permission on goods or for services in such a
way that it dilutes the distinctive quality of UCW's marks or that creates a
likelihood of confusion with UCW's marks is liable for trademark infringement.
If you download software or applications from any UCW web site, the software
or applications, including any files, images incorporated in or generated by the
software or applications, and data and instructions accompanying the software or
applications (collectively, the "Software") are licensed to you by UCW
or our third party licensors for your personal, non-commercial home use only. We
do not transfer title to the Software to you, and UCW (or our third party
licensors) retains full and complete title to the Software and all intellectual
property rights in the Software. You may not redistribute, sell, de-compile,
reverse engineer, disassemble or otherwise reduce any of the Software to
readable form. If you have any questions regarding this notice, please send and
email to webmaster@undercoverwear.com.
PRIVACY AND SECURITY
UCW takes the issue of your privacy seriously. To the extent we collect from
you through this web site credit card information and/or shipping or billing
information, this information is kept private and we do not knowingly share your credit card information
with any other party. For more information on how UCW and our affiliates use and
protect the personal information you may provide through this web site, please
review our Privacy Policy.
To protect the security of your credit card information, we employ the
industry-standard Veri-Sign technology. We also encrypt your credit card number
when we store your order and whenever we transfer that information to
participating vendors. Please keep in mind that whenever you provide personal
information online - for example, via message boards or chat - that information
can be collected and used by people you don't know. While UCW strives to protect
your personal information and privacy, we cannot guarantee the security of any
information you disclose online; you make such disclosures at your own risk. You
may not use or attempt to use this web site to collect personal information
about other persons or in any other manner that is inconsistent with another
person's privacy or personal data protection rights.
MONITORING OF WEB SITE
UCW expressly reserves the right to monitor any and all uses of this web site.
However, UCW is under no obligation to do so, and we assume no responsibility or
liability arising from or relating to the content of any transmissions by third
parties to or through this web site or for any error, omission, defamatory or
libelous statement, falsehood, obscenity, pornography, profanity or inaccuracy
contained in any information transmitted by third parties to or through any
location on this web site. You may not post or transmit any unlawful,
threatening, libelous, defamatory, obscene, inflammatory, pornographic or
profane material or any material that could constitute or encourage conduct that
would be considered a criminal offense, give rise to civil liability, or
otherwise violate any law or any of these Terms of Use, or any other term or
condition of use posted on this web site. UCW reserves the right to cooperate
fully with law enforcement authorities or court orders requesting or directing
UCW to disclose the identity of anyone transmitting any such materials to or
through this web site. UCW may also disclose such information if we have a good
faith belief that such disclosure is reasonably necessary to protect the rights,
property or personal safety of UCW, our third party licensors, customers or the
public.
THIRD-PARTY CONTENT
Please exercise discretion while browsing the Internet or using this web
site. You should be aware that while using this web site you could be directed
to other web sites by links and other features found on this web site. If you
click on those links or other features, you may be visiting a web site that is
not owned or operated by UCW and over which UCW has no control. For example, if
you click on a banner advertisement, the click may take you to the web site of a
company that is not related to UCW and over which UCW has no control. This
includes links from advertisers, sponsors, content partners and other users that
may use our logo(s) as part of a co-branding or affiliate agreement. These other
web sites may collect data, solicit personal information and generate cookies on
your computer in a manner different from our web sites. These other web sites
may also contain information that you may find inappropriate or offensive.
UCW is in no way responsible for the content or availability of information
found on any web site owned by a third party that may be linked to UCW's web
sites by a hyperlink, whether such hyperlink is provided by UCW or by a third
party. By providing access to third party web sites or advertisements, UCW is not
endorsing the products or services provided by the owner or operator of such web
sites. Consequently, we will not be liable or responsible for the accuracy,
relevancy, reliability, copyright compliance, legality or decency of material
contained in third party web sites linked to this web site. We cannot ensure
that you will be satisfied with any products or services you purchase from a
third party web site that links to or from this web site or that you purchase
through third party advertising or content on this web site. We do not make any
representations or warranties as to the security of any information (including,
without limitation, credit card and other personal information) you might be
requested to give any third party, and you hereby irrevocably waive any claim
against us with respect to the products, services and content of third party web
sites, including third party web sites accessible by links from this web site.
We strongly encourage you to make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline transaction.
DISCLAIMER
THE MATERIALS ON THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR
MATERIALS ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVERS THAT MAKE SUCH MATERIALS
AND FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MATERIALS ON THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU
USE TO ACCESS THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
To the extent we have assigned to you an account through this web site, you
are entirely responsible for maintaining the confidentiality of your account and
for all activities that occur under your account. You hereby indemnify, defend
and hold UCW and our affiliates, officers, directors, owners, agents, information
providers, licensors and licensees (collectively, the "Indemnified
Parties") harmless from and against any and all liabilities and costs
(including reasonable attorneys' fees) incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of these Terms of Use
(or claims arising from your account). You agree to use your best efforts to
cooperate with us in the defense of any claim. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR MATERIALS
OR FUNCTIONS ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO
UCW, IF ANY, FOR ACCESSING THIS WEB SITE.
JURISDICTIONAL ISSUES
This web site is controlled and operated by or on behalf of UCW and its
affiliates. We make no representation that materials or products offered on this
web site are appropriate or available for use in any particular location. Those
who choose to access this web site do so on their own initiative and are
responsible for compliance with all applicable national and local laws. Software
and products downloaded or purchased from this site are further subject to
United States export controls. No software or products offered on this site may
be downloaded, shipped or otherwise exported or reexported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country to which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By purchasing products or
downloading or using the Software offered on this web site, you represent and
warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
TERMINATION
We may terminate your access to this web site immediately and without notice
if in our sole discretion you fail to comply with any term or provision of these
Terms of Use or any other term or condition of use posted on this web site. Upon
termination of your use of this web site, you must cease use the web site and
destroy all materials obtained from the web site and all copies of such
materials. If you have any problems with this web site or your use of this web
site or with these Terms of Use, your sole and exclusive remedy is to cease
using this web site.
GENERAL PROVISION
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of Massachusetts and is subject to applicable copyright and
intellectual property laws, without giving effect to any principles of conflicts
of law. You agree that any action at law or in equity arising out of or relating
to these Terms of Use shall be filed only in the state or federal courts located
in Massachusetts and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. If any provision
of these Terms of Use shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these Terms of Use and shall
not affect the validity and enforceability of any remaining provisions of these
Terms of Use. These Terms of Use constitute the entire agreement between us
relating to your use of this web site.
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