Effective Date: December 28, 2015
Welcome to the Meundies.com website (the "Site") administered by MeUndies, Inc. (“MeUndies”, “we”, “us” or “our”). We provide products and services to you subject to the terms and conditions set forth in this agreement, which is a legal agreement between MeUndies and you (“you” or “your”) (the "Agreement"). In addition, when you purchase any of our products or use any of our services you will be subject to the policies, terms and conditions applicable to such product or service, which are incorporated into 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 and sending an email notice to you using the contact information (if any) provided by you. We also encourage you to check this Agreement from time to time to see if it has been updated. By continuing to use the Site after the new effective date, you agree to be bound by any changes.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. Please read this Agreement carefully before proceeding.
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject 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 in the paragraph 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 MeUndies, Inc. or its affiliates and is protected by U.S. and international copyright laws. MEUNDIES.COM, MEUNDIES, MEUNDIES – 100% COMFORT (and design), and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of MeUndies, Inc., 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 meta tags without prior explicit consent.
MeUndies 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 MeUndies 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, MeUndies 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 MeUndies (“Subscription”), we will automatically renew your Subscription on the 6th day of 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 logging on to your account within MeUndies.com. To modify or cancel a Subscription, please log in to your account on the Site and edit your subscription by clicking “skip” or “unsubscribe”. All requests must be received by the fifth (5th) day of the month. Requests received after the fifth (5th) of the month shall take effect the following month. If you have any problems, please email firstname.lastname@example.org. The Subscription information can also be found at https://www.meundies.com/subscribe.
The following terms under the “Gift Cards” heading relate to you as the
purchaser or user of gift cards from the Site (“Gift Cards”). Purchasing and
Redemption: By purchasing Gift Cards on the Site, you certify and represent
to MeUndies that the activities in connection with which the Gift Cards will
be used will comply with this Agreement and all applicable laws, rules, and
regulations, and that the Gift Cards will not be used in any manner that is
misleading, deceptive, unfair, or otherwise harmful to consumers or MeUndies,
including its investors, officers, employees, agents, servants, assignees,
subsidiaries, or any other MeUndies-related entity. An account is not
required in order to purchase a Gift Card. If the Gift Card is purchased for
an individual other than you, the recipient of the Gift Card shall be
notified via email at the email address you provide during the purchase. In
the event the recipient does not have an account at the time of receiving the
email, they will be prompted to create an account in order to redeem the Gift
Card. An account is required in order to redeem a Gift Card.
You may purchase Gift Cards for any value between $10 and $300 US dollars.
The amount of the Gift Card you purchase shall be charged to you according to
your selected payment option when you confirm the purchase of the Gift Card.
If the purchase of a Gift Card is part of a promotional campaign wherein
purchase of a Gift Card at a pre-determined dollar amount is awarded with
additional Site credits, these credits shall only be available for use after
the total amount of Gift Cards has been exhausted. In all circumstances
credits shall be used only after the exhaustion of Gift Cards. Personal
information that you provide in connection with the purchase or redemption of
only be redeemed toward the purchase of eligible products on the Site.
Redemption of Gift Cards on the Site is subject to change in MeUndies’ sole
discretion. Purchases are deducted from the Gift Card balance. Any unused
balance will be placed in the recipient's MeUndies account when redeemed. If
an order exceeds the amount of the Gift Card, the balance must be paid with a
credit card or other payment method accepted by MeUndies. You may be able to
obtain your gift card balance by contacting MeUndies customer service at
email@example.com. The Gift Card balance relayed to you by a
MeUndies customer service agent is an estimate only. In most cases, the
balance is adjusted immediately when you make a purchase online, but there
may be occasions when the updated balance is delayed for a period of time.
Gift Cards never expire.
Use and Limitations:
Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account, except to the extent required by law. Unused Gift Card balances in an account may not be transferred. Gift Cards are not returnable or refundable for cash except in states where required by law. Gift Cards may not be sold or bartered to third parties. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain MeUndies’ prior written approval. Use of MeUndies’ name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of MeUndies Gift Cards is strictly prohibited. Furthermore, the use of MeUndies Gift Cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, MeUndies, or any of its subsidiaries or affiliates is prohibited. Risk of Loss:
If your Gift Card is lost or stolen, immediately contact customer service at firstname.lastname@example.org. Your Gift Card will be cancelled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to MeUndies. MeUndies and its affiliates shall have no liability to you for: lost or stolen Gift Cards; or use of any Gift Cards by third parties through your account. You are solely responsible for keeping the username and password for your account safe and for any activity conducted under your account. Notwithstanding the above, the risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. We are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission. Fraud:
MeUndies shall have the right to close member accounts or any related account(s) if MeUndies suspects a Gift Card is being used in a fraudulent manner to make purchases on the Site. If a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Site or any of its affiliated websites set forth above, MeUndies shall immediately suspend the Gift Card and may recoup the amount of the Gift Card by charging the amount from the Credit or Debit Card supplied. MeUndies may also cancel or remove any and all MeUndies credits on the member accounts and/or any related account(s). MeUndies has a zero-tolerance Fraud policy and it is the responsibility of account holders to secure their account and Gift Card. Issuer:
Gift Cards are issued by MeUndies, Inc., a Delaware corporation.
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.
MEUNDIES DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT MEUNDIES, 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 MEUNDIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SITE OR YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, 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 MEUNDIES BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY OR (B) $100. 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 OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
You agree to indemnify and hold harmless MeUndies, its affiliates, and their respective officers, directors, employees, and agents 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 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.
This Site was created and is controlled and administered by us in Los Angeles, California. As such, the laws of the State of California (subject to the Federal Arbitration Act discussed in the Disputes section below) will govern this Agreement without giving effect to any principles of conflicts of laws.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
If any these provisions will be deemed invalid, void, or for any reason unenforceable, that condition will not affect the validity and enforceability of any remaining provision. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived.
MeUndies respects copyright law and wants all users of the Site to do the same. MeUndies will respond to notices of claimed copyright infringement in accordance with the Digital Millennium Copyright Act. Please see MeUndies’ Copyright Policy located at www.meundies.com/copyright for further information.
Under California Civil Code Section 1789.3, customers from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
MeUndies may share information with its subsidiaries and other affiliated companies, and with other carefully selected vendors and business partners with whom we work (collectively, "Site Affiliates"). This includes companies that offer affinity, frequent-user, and reward programs; and, companies that perform marketing services and other business operations for us (including providing goods and services to our users, as necessary to complete transactions you request). All companies that act on our behalf are contractually obligated to keep all information confidential and to use the customer information only to provide the services we ask them to perform for you and us. We may provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third party vendors, but these statistics do not include Personal Information. We may disclose Personal Information we collect from you if required to do so by law or in the good-faith belief that disclosure is necessary (a) to obey the law or comply with legal process served on us or our affiliates; (b) to protect and defend our rights or property or the rights or property of other users of our Site; or (c) to act in an emergency to protect the personal safety of users of our Site or the public. On a limited basis, we may also disclose your Personal Information to certain Site Affiliates for their use in contacting you, when we reasonably believe their products or services are complementary to your interests or MeUndies’ business.
MeUndies does not direct any content specifically to children. Users of our Site are required to be at least 18 years old or have their parents consent.
California customers may request further information about our compliance with this law by emailing email@example.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.
MeUndies is committed to protecting your privacy. The information collected from our Site enables us to understand our customer and our market, which in turn allows us to deliver our highest level of service to our past, current and future customers.