Effective Date: June 1, 2017
Welcome to the Culprit Underwear.com Site administered by Culprit Underwear LLC (“Culprit Underwear”, “we”, “us” or “our”). PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. THE AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND Culprit Underwear 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 California, 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.CulpritUnderwear.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.CulpritUnderwear.com/pages/terms-conditions, (2) you are of legal age in the jurisdiction in which you reside to form a binding contract with Culprit Underwear, 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 and/or sending you an email at the email address you have provided or posting a notice that appears on the Site. We encourage you to keep your contact information up-to-date and 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.
- USE OF SITE. 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 items for personal use that are sold on the Site and not for purposes of resale or any other commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement may 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 this Agreement, 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.
- REVIEWS AND COMMENTS. 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.
- INTELLECTUAL PROPERTY. 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 Culprit Underwear LLC. or its affiliates and is protected by U.S. and international copyright laws. Culprit Underwear.com, Culprit Underwear, Get Caught With Your Pants Down, Cock Flattering Comfort (and design), and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Culprit Underwear 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.
- PAYMENT TERMS AND MONTHLY SUBSCRIPTIONS. Culprit Underwear 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 Culprit Underwear 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, Culprit Underwear 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 Culprit Underwear (“Subscription”), we will charge your credit card as described below:
Beginning June 1, 2017, 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 logging on to your account within www.CulpritUnderwear.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 such requests must be received by at least seven (7) days 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 support@CulpritUnderwear.com. The Subscription information can also be found at https://www.culpritunderwear.com/subscribe.
- GIFT CARDS. The following terms under the “Gift Cards” heading relate to you as the purchaser or user of gift cards from the Site (“Gift Cards”). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT PURCHASE GIFT CARDS THROUGH THE SITE.
- Purchasing and Redemption. By purchasing Gift Cards on the Site, you certify and represent to Culprit Underwear 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 Culprit Underwear, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other Culprit Underwear-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.
- Use and Limitations. Gift Cards cannot be used to purchase other gift cards. To the fullest extent of the law, Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. Unused Gift Card balances in an account may not be transferred. Unless otherwise required by law, Gift Cards are not returnable or refundable for cash. If applicable law permits the card-holder cash-out a Gift Card, such request may be made to support@CulpritUnderwear.com. To the fullest extent of the 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 Sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Culprit Underwear’ prior written approval. Use of Culprit Underwear’ 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 Culprit Underwear Gift Cards is strictly prohibited. Furthermore, the use of Culprit Underwear Gift Cards in any manner that states or implies that any person, Site, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, Culprit Underwear, 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 support@CulpritUnderwear.com. 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 Culprit Underwear. Culprit Underwear 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 that is not attributable to the negligence or misconduct of Culprit Underwear. You are responsible for keeping the username and password for your account safe and for any activity conducted under your account that is not attributable to the negligence or misconduct of Culprit Underwear. 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. The Gift Cards never expire, nor is there a dormancy fee, but we are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission for reasons not attributable to the negligence or intentional or reckless misconduct of Culprit Underwear.
- Fraud. If your Gift Card is lost or stolen, immediately contact customer service at support@CulpritUnderwear.com. 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 Culprit Underwear. Culprit Underwear 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 that is not attributable to the negligence or misconduct of Culprit Underwear. You are responsible for keeping the username and password for your account safe and for any activity conducted under your account that is not attributable to the negligence or misconduct of Culprit Underwear. 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. The Gift Cards never expire, nor is there a dormancy fee, but we are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission for reasons not attributable to the negligence or intentional or reckless misconduct of Culprit Underwear.
- Issuer. Gift Cards are issued by Culprit Underwear LLC., a Delaware Limited Liability Company.
- 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.
- TERMINATION. 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.
- INTERNATIONAL USE. 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.
- DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT OF THE LAW, CULPRIT UNDERWEAR 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, SEE OUR FAQS RELATED TO OUR PRODUCTS AT https://CulpritUnderwear.com/help. SOME JURISDICTIONS DO NOT ALLOW FOR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
- LIMITATION OF LIABILITY. TO THE FULLEST EXTENT OF THE LAW, YOU AGREE THAT Culprit Underwear, 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 CULPRIT UNDERWEAR 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 CULPRIT UNDERWEAR 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 CULPRIT UNDERWEAR’ FRAUD, DECEPTION, FALSE PROMISE, MISREPRESENTATION, OMMISSION OF ANY MATERIAL FACT OR INTENTIONAL OR RECKLESS MISCONDUCT.
- BASIS OF THE BARGAIN. 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.
- INDEMNIFICATION. You agree to indemnify and hold harmless Culprit Underwear, 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.
- EXTERNAL LINKS. 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.
- EXCLUSIVE VENUE. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Culprit Underwear 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 Los Angeles, California.
DISPUTE RESOLUTION. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Culprit Underwear and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, Culprit Underwear’ consumer marketing or advertising practices, or to any aspect of your consumer relationship with Culprit Underwear, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Culprit Underwear may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH CULPRIT UNDERWEAR, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST CULPRIT UNDERWEAR ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim and the relief sought to our registered agent at 822 Hampton Drive, Los Angeles, CA 90291. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/ all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Culprit Underwear will pay them for you. In addition, Culprit Underwear will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Culprit Underwear will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
- You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Culprit Underwear. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND CULPRIT UNDERWEAR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Culprit Underwear are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Consolidated Actions. YOU AND CULPRIT UNDERWEAR AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 14.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Culprit Underwear, Attn: Legal Department, 822 Hampton Drive, Los Angeles, CA 90291, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Culprit Underwear username (if any), the email address you used to set up your Culprit Underwear account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. Subject to Section 15(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Culprit Underwear.
- Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Culprit Underwear makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Culprit Underwear.
- Severability/Waiver. Subject to Section 15(e), 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.
- Our Address. Please direct any questions, comments or suggestions regarding this Site to: Culprit Underwear, LLC 822 Hampton Drive, Los Angeles, CA 90291, or email support@CulpritUnderwear.com.
- Notice. Where Culprit Underwear requires that you provide an email address, you are responsible for providing Culprit Underwear with your most current email address. In the event that the last email address you provided to Culprit Underwear is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Culprit Underwear’ dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Culprit Underwear at the following address: 822 Hampton Drive, Los Angeles, CA 90291. Such notice shall be deemed given when received by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Procedure for Making Claims of Copyright Infringement. It is the Culprit Underwear’ policy to terminate privileges of any user who repeatedly infringes copyright upon prompt notification to Culprit Underwear by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Sites in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Site of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: Attn: Copyright Agent, 822 Hampton Drive, Los Angeles, CA 90291.
- Electronic Communications. The communications between you and Culprit Underwear use electronic means, whether you visit the Site or send us emails, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you (1) consent to receive communications from Culprit Underwear in an electronic form, and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Culprit Underwear provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights.
- Notice to California Customers. 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.
- Entire Agreement. This Agreement is the final complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
What Security Procedures Does Culprit Underwear Use To Protect Personal Information?
Will Culprit Underwear Disclose Information To Outside Parties?
Culprit Underwear 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 Culprit Underwears’ business.
Collection Of Information From Children
Culprit Underwear 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.
Consent To Processing In The United States
Your California Privacy Rights
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.
Modification And Notification Of Changes
Culprit Underwear 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.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of clothing and other goods.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in California, USA before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which
Culprit Underwear’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.