Welcome to the barelyundies.com Site administered by BARELY UNDIES, LLC. (“Barely Undies”, “we”, “us” or “our”). PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. THE AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND BARELY UNDIES AND STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE.
PLEASE BE AWARE THAT SECTION 15 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
Any dispute or claim relating in any way to your use of the Site will be governed and interpreted by and under the laws of the state of New York, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
By accessing or using the site located at https://www.barelyundies.com/ (“Site”) in any way (including using the resources available or enabled via the Site, checking a box or using any other consent protocol presented on our Site to indicate your assent to this Agreement, and/or completing the registration process, you hereby represent that (1) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at www.barelyundies.com/termsofservice, (2) you are of legal age in the jurisdiction in which you reside to form a binding contract with BarelyUndies, and (3) you have the authority to enter into the Agreement. If you do not agree to be bound by the Agreement, you may not access or use the Site.
Subject to Section 15(i) of this Agreement, we reserve the right to change the terms and conditions of this Agreement at any time. Those changes will go into effect on the effective date shown in the revised Agreement. If we change this Agreement, we will give you notice by posting the revised Agreement on the Site. We encourage you to check this Agreement from time to time to see if it has been updated. YOUR CONTINUED USE OF THE SITE FOLLOWING POSTING OF CHANGES TO THIS AGREEMENT INDICATES YOUR ACCEPTANCE OF SUCH CHANGES.
to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. Except as permitted above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests. You agree not to upload, distribute, or publish any content or material through this Site that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, or other harmful code or properties. Submissions or opinions expressed on this Site are that of the individual expressing such submission or opinion and may not reflect our opinions. We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You will be responsible for all access to and use of this Site by anyone using your password and login name, including all communications and obligations incurred, whether or not such access was actually approved by you. You are responsible for protecting the security and confidentiality of the password and identification assigned to you. Please notify us immediately of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Except as otherwise provided elsewhere in this Agreement or on the Site, you agree that we have the right to use anything that you submit or post to the Site and/or provide us, including without limitation, ideas, questions, reviews, comments, and suggestions (collectively, "Submissions"). You hereby grant us the royalty-free, worldwide, perpetual, irrevocable, sublicenseable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, reverse-engineer, disassemble, or create derivative works from such Submissions by any means and in any form. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also hereby grant us the right to use the name that you submit with any review, comment, or other content in connection with such review, comment, or content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You agree not to use a false e-mail address, pretend to be someone other than yourself, or mislead us or any third parties in regards to the origin of any Submissions or content. We have the right to remove or edit any Submissions for any reason.
The content of this Site, including all text, images, graphics, publications, audio clips, and software, and the assembly and arrangement of such items (collectively, "Content"), belongs exclusively to Barely Undies, LLC. or its affiliates and is protected by U.S. and international copyright laws. BARELYUNDIES.COM, BARELY UNDIES, BARELYUNDIES (design), and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Barely Undies, LLC., or its affiliates. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in metatags without prior explicit consent.
Barely Undies accepts credit card payments only. You agree to pay all fees charged to your account based on charges and billing terms in effect as shown on the payment page on the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase and you authorize Barely Undies or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping any products. If your credit card cannot be charged for any reason, Barely Undies reserves the right to either suspend or terminate your purchase. All sales and payments will be in US Dollars.
IMPORTANT NOTICE: MONTHLY SUBSCRIPTION FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CREDIT CARD ON FILE EACH MONTH. If you sign up for a monthly subscription with BarelyUndies (“Subscription”), we will charge your credit card as described below: IF YOU SIGNED UP FOR A SUBSCRIPTION ON OR PRIOR TO SEPTEMBER 15, 2016: We will automatically renew your Subscription on the day of the month that your first Subscription order was processed (“Subscription Anniversary Date”), provided however that if your Subscription Anniversary Date is on the 29th of the month or later, your Subscription Anniversary Date will be treated as the 28th of the month. Thereafter, we will automatically renew your Subscription on your Subscription Anniversary Date each month and, as authorized by you when you consent to enroll in our Subscription program during the purchase process, we will charge your credit card with the applicable Subscription fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Subscription fee payments. Each Subscription renewal period will depend upon the Subscription plan you have chosen.
SUBSCRIPTION MODIFICATION OR CANCELLATION. You may modify or cancel your Subscription at any time by emailing us at firstname.lastname@example.org or within barelyundies.com. To modify or cancel a Subscription, email email@example.com and include “unsubscribe” in the subject. After September 15, 2016, all such requests must be received at least one (1) day before your Subscription Anniversary Date and any such requests received after such date shall take effect the following month. If you have any problems, please email firstname.lastname@example.org
TYPOGRAPHICAL ERRORS. We have the right to refuse or cancel orders or subscriptions if a product or information is listed on the Site with a typographical error that incorrectly identifies the true price or service conditions of a product or service. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your credit card account in the amount of the charge and you agree that a credit is your sole remedy.
We have the right to terminate the Agreement or revoke any and all of your rights granted under the Agreement with or without prior written notice. Upon termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement will not affect the respective rights and obligations of the parties arising before the date of termination.
This Site can be accessed from countries other than the United States, but may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
TO THE FULLEST EXTENT OF THE LAW, BARELYUNDIES DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARISING FROM OR RELATED TO USE OF THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE SITE. THE FOREGOING DISCLAIMER OF WARRANTY DOES NOT EXTEND TO THE PRODUCTS SOLD ON THE SITE, WHICH ARE SUBJECT TO SEPARATE TERMS OF SALE POLICIES. FOR MORE INFORMATION ABOUT THE PRODUCT TERMS OF SALE. SOME JURISDICTIONS DO NOT ALLOW FOR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
TO THE FULLEST EXTENT OF THE LAW, YOU AGREE THAT BARELYUNDIES, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES. THE CUMULATIVE LIABILITY OF BARELYUNDIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, OR YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID TO BARELYUNDIES BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT EXTEND TO CLAIMS FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE BY USERS WHO RESIDE IN THE STATE OF NEW JERSEY OR TO CLAIMS BY NEW JERSEY RESIDENTS FOR ANY DAMAGES CAUSED BY BARELYUNDIES’ FRAUD, DECEPTION, FALSE PROMISE, MISREPRESENTATION, OMMISSION OF ANY MATERIAL FACT OR INTENTIONAL OR RECKLESS MISCONDUCT.
You acknowledge and understand that the warranty disclaimers and limitations of liability set forth in sections 9 and 10 form an essential basis of the agreement between the parties hereto, that the parties have relied upon such disclaimers and limitations of liability, and that absent such disclaimers and limitations of liability, the terms and conditions of this Agreement would be substantially different.
You agree to indemnify and hold harmless BarelyUndies, its affiliates, and their respective officers, directors, employees, and agents (the “Indemnified Parties” ) from any and all liabilities, claims, expenses and damages, including reasonable attorneys' fees and costs, arising out of or in any way related to your breach of this Agreement, your use of the Site or in connection with your account or any other person's use or access to your account, with or without your permission. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, intentional or reckless misconduct, fraud, deception, false promise, misrepresentation or omission of any material fact in connection with the Site. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Site.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and BarelyUndies agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in either a small claims court of competent jurisdiction or the state or federal courts located in New York, New York.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with BarelyUndies and limits the manner in which you can seek relief from us.