Terms and Conditions

Last updated: December 2019

These Terms of Use (“Terms”, “Terms of Use”) govern your relationship with www.usedunderwear.store and www.usedskivvies.com websites (the “Service”) (“us”, “we”, or “our”).

Please read these Terms of Use carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

SERVICE ELIGIBILITY

The Service is not for use by anyone under the age of 18.

To use the Service, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Used Underwear Store account; and (3) you are not already restricted by Used Underwear Store from using the Service. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.

“Minimum Age” means 18 years old. However, if law requires that you must be older in order for Used Underwear Store to lawfully provide the Service to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

 

PURCHASES

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

 

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

SUBSCRIPTIONS

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or other basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Used Underwear Store cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the Used Underwear Store customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide our payment provider with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Used Underwear Store to charge all Subscription fees incurred through your account to any such payment instruments.

 

FEE CHANGES

Used Underwear Store, in its sole discretion and at any time, may modify the Listing and Subscription fees for the Listings and Subscriptions. Any Listing or Subscription fee change will become effective at the end of the then-current Billing Cycle.

Used Underwear Store will provide you with a reasonable prior notice of any change in Listing or Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Listing or Subscription fee change comes into effect constitutes your agreement to pay the modified Listing or Subscription fee amount.

 

REFUNDS

Except when required by law, paid Listing and Subscription fees are non-refundable.

 

CONTENT

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

ACCOUNTS

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Used Underwear Store and its licensors. The Service is protected by copyright, and other laws of foreign countries.

 

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party websites or services that are not owned or controlled by Used Underwear Store.

Used Underwear Store has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Used Underwear Store 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 use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

TERMINATION

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

 

COMMUNICATIONS

You agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices, policy updates, and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.

 

COMMERCIAL USE PROHIBITED

The Service is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not join and use the Service for any purpose. Illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to the Service, or unauthorized framing may be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with our permission, which may be revoked at any time, for any reason, in our sole discretion. At our sole discretion, we may take reasonable steps, including limiting the numbers of emails you send or receive and electronically filtering or throttling or terminating your e-mail.

 

LIMITATION OF LIABILITY

In no event shall Used Underwear Store, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, reputation, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

ARBITRATION AND GOVERNING LAW

A. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Service in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Service any class action, class arbitration, or other representative action or proceeding.

B. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Service (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

C. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Service (except for small-claims court actions) may be commenced only in the federal or state courts located in Saint Louis County, Missouri. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

D. This Agreement, and any dispute between you and the Service, shall be governed by the laws of the state of Missouri without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Your use of this Service is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Service may be subject to U.S. export control restrictions. Your use of this Service may be subject to the laws of other countries if you are not located in the United States.

 

DISCLAIMERS AND NOTICES

THE CONTENTS OF THIS SERVICE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT USED UNDERWEAR STORE'S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS SERVICE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

The products and services mentioned or promoted on the Service, including password protected information relating thereto may be changed by Used Underwear Store at any time without notice. Information about products or services offered by third parties are referred to on the Service for information purposes only. Used Underwear Store provision of any such information is not intended to constitute an endorsement or recommendation, by Used Underwear Store, of such products or services.

USE OF THIS SERVICE IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES USED UNDERWEAR STORE PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED OR PROVIDED VIA THIS SERVICE (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE) OR ANY LINKS TO THIS SERVICE. USED UNDERWEAR STORE EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS SERVICE AND ANY GOODS OR SERVICES PURCHASED VIA THIS SERVICE OR ANY LINKS TO THIS SERVICE. IN NO EVENT SHALL USED UNDERWEAR STORE BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE SERVICE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS SERVICE OR ANY LINKS TO THIS SERVICE. USED UNDERWEAR STORE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS SERVICE, THE USE OR INABILITY TO USE THIS SERVICE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS SERVICE OR ANY LINKS TO THIS SERVICE, EVEN IF USED UNDERWEAR STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT USED UNDERWEAR STORE CORRECT THE MATTER OR, IF USED UNDERWEAR STORE FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.

 

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

CONTACT US

If you have any questions about these Terms, please contact us.