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THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF "iseeyourunderwear.com", FOR ANY REASON, AND BUYERS SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED.
"iseeyourunderwear.com " AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN "iseeyourunderwear.com" AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Conditions of Use - UPDATED November 21, 2009.
Welcome to "iseeyourunderwear.com" and its affiliated members subject to the following notices, terms and conditions. " iseeyourunderwear.com" will be hereinto called "The Company".
ACCEPTANCE OF CONDITIONS:
This site is the property of "The Company". We invite you to carefully review the terms and conditions that follow so you can respect them while using this site. Please note that, in using this site, you accept all present rules and conditions, including any and all limits of responsibility, as well as any further modifications comprised therein.
These conditions may change at any time, without written notice, at the discretion of "The Company". If you access and use this website you accept and agree to be bound by and comply with these terms and that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any legal person you purport to represent. All orders and purchases made through this site are also governed by these terms and conditions.
You also acknowledge and agree that this Agreement is subject to change without advance notice and that it is therefore your responsibility to review the terms prior to each use of the site. MODIFICATIONS: "The Company" reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on "The Company" Site.
Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of "The Company" Site and any of the Services immediately. Your continued use of "The Company" Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further "The Company" reserves the right to change, modify, suspend or discontinue any aspect of "The Company" Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
Some USA Check Card Processors apply an International Transaction Fee, this fee is assessed when you use your check card for purchases in foreign currency or in US dollars with a foreign merchant, including U.S. internet transactions with a foreign merchant. This fee is also assessed when you use your check card or ATM card to obtain foreign currency from an ATM. The International Transaction Fee is a percentage of the U.S. dollar amount of each purchase or ATM withdrawal.
IF YOU DO NOT ACCEPT THE TERMS, PLEASE DO NOT USE THE SITE OR PLACE AN ORDER.
RESPONSIBILITY FOR MINORS:
In cases where you have authorized a minor to use "The Company" Site or any of the Services, you recognize that you are fully responsible for, the online conduct of such minor; controlling the minors access to and use of "The Company" Site or any of the Services; and the consequences of any misuse by the minor. You acknowledge that some of the areas of "The Company" Site may contain material that is inappropriate for minors.
CONTENT LINKED TO THE COMPANY SITE:
Please exercise discretion while browsing the Internet. Please note that certain links on "he Company" Site may take you to other websites "The Company" provides these links only as a convenience and not as an endorsement by "The Company".
These linked sites are not necessarily under the control of "The Company". If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. "The Company" is not responsible for the content of any such linked sites or any other web page which is not part of "The Company" Site and under "The Company" control. Unless otherwise expressly provided, "The Company" makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon.
Accordingly, you agree "The Company" will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from "The Company" Site. DEALINGS WITH THIRD PARTIES: You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, "The Company" Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties "The Company" assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that "The Company" shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
E-Mail:
Any unprotected e-mail communication over the Internet is, as with communication via any other medium, not confidential, subject to possible interception or loss, and is also subject to possible alteration "The Company" is not responsible for and will not be liable to you or any third party for any damages in connection with an e-mail sent by you to "The Company" or an e-mail sent by "The Company" to you, at your request.
Jurisdiction:
"The Company" is a private company operating under, the laws of Ontario, Canada. The Site is physically maintained and operated by "The Company" within the Province of Ontario, Canada. These terms and conditions shall be governed by the provincial laws of Ontario and the federal laws of Canada that apply in Ontario.
You agree to be bound by the laws of these jurisdictions. You hereby consent to the exclusive jurisdiction and venue of the courts of Ontario, Canada, for all disputes related to this site. All disputes, controversies or claims arising out of or in connection with this Site shall be submitted to, and be subject to the jurisdiction of the courts of the Province of Ontario.
You submit and consent to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with this site. You agree that these terms and all related documents and communications be drawn up in English.
USER CONDUCT:
In consideration of the availability, and your use, of "The Company" Site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using "The Company" Site or Service.
You acknowledge that "The Company" may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to: " post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability or otherwise use "The Company" Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying "The Company" Site, any of the Services, or the Internet; " post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; " Post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component.
NO WARRANTY OR REPRESENTATION:
Neither "The Company", its partners, suppliers, nor any other party involved in creating, producing or delivering the information on this site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages or loss whatsoever, arising out of or in connection with your access to or use of this site. This includes business interruption and loss of use, data, information and profits (regardless of the form of action, including but not limited to contract, negligence or other tortuous act). This limitation applies even if "The Company" has been advised of, or foresees, the possibility of any damages occurring.
Without limiting the foregoing, everything on this site is provided to you "as is" without representation, warranty or condition of any kind, either express, implied, or statutory including, but not limited to, implied representations, warranties or conditions of merchantability, fitness for a particular purpose, durability, title, non-infringement of intellectual property rights or inter-operability of products and services.
COPYRIGHT:
You should assume everything you see or read on this site is copyrighted unless otherwise noted. You require our written consent to copy or display any portion of the content for redistribution to third parties or for commercial purposes.
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