TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. WE MAINTAIN THIS SITE AS A SERVICE TO OUR CUSTOMERS, AND BY ACCESSING, BROWSING, AND/OR USING THIS SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AND CHECK THEM PERIODICALLY FOR CHANGES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE OR OBTAIN GOODS, SERVICES, OR PRODUCTS FROM THIS SITE.
PLEASE NOTE: YOU MUST BE 21 YEARS OLD OR OLDER AND A U.S. CITIZEN IN ORDER TO PARTICIPATE ON OUR SITE.
1) Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to www.bareelegancelingerie.com ("Site"). This Agreement constitutes the entire and only agreement between Bare Elegance Lingerie and you, the consumer, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to this Site, the content, products, or services provided by or through this Site, and the subject matter of this Agreement. This Agreement may be amended by Bare Elegance Lingerie at any time and without specific notice to you. The latest Agreement will be posted on this Site, and you should review this Agreement prior to using this Site.
2) Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to this Site are protected under applicable copyrights, trademarks, registered trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of this Site, except as allowed by Section 4, is strictly prohibited. The consumer does not acquire ownership rights to any content, document, or other materials viewed on this Site. The posting of information or materials on this Site does not constitute a waiver of any right in such information and materials.
3) Fraud. By creating an account on this Site, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of Use of this Site. Please note that your account can be canceled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of Use have been violated, or other abuses have occurred as determined by Bare Elegance Lingerie in its sole discretion. If an account has been revoked, Bare Elegance Lingerie reserves the right to refuse application or readmission to the account program.
4) Limited Right to Use. The viewing, printing, or downloading of any content, graphic, from or document from this Site grants the consumer only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic, or mechanical, other than for your personal use (but not for resale or redistribution).
5) Editing, Deleting, or Modification. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on this Site, including this Agreement, without further notice to users of this Site.
6) Indemnification. The consumer agrees to indemnify, defend, and hold Bare Elegance Lingerie, our attorneys, staff, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney\'s fees, related to your violation of this Agreement or use of this Site.
7) Nontransferable. Your right to use this Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
8) Disclaimer. THE INFORMATION FROM OR THROUGH THIS SITE 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 INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, BARE ELEGANCE AND OUR AFFILIATED PARTIES 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 NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BARE ELEGANCE THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
9) Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services, or information.
10) Use of Information. Bare Elegance Lingerie reserves the right, and you authorize us, to the use and assignment of all information regarding and all information provided by you in any manner consistent with our Privacy Policy.
11) Privacy Policy. Bare Elegance Lingerie\'s Privacy Policy, which may change from time to time, is a part of this Agreement.
12) Payments. The consumer represents and warrants that if you are purchasing something from us that (a) any credit card information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit card company, and c) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
13) Securities Law. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. This Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
14) Third-Party Services. Bare Elegance Lingerie allows access to third-party websites from which you may obtain services. You understand that we do not operate or control the services offered by these third-party websites. Third-party websites are responsible for all aspects of services, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and third-party websites. YOU AGREE THAT USE OF SUCH WEBSITES IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD-PARTY WEBSITES OR FOR ANY INFORMATION APPEARING ON THIRD-PARTY WEBSITES OR ANY OTHE SITE LINKED TO OUR SITE.
15) Third Party Policies. All rules, policies (including privacy policies) and operating procedures of Third Parties will apply to you while on such sites. We are not responsible for information provided by you to Third Parties. We and the Third Parties are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
16) Links to Other Websites. This Site contains links to other websites. Bare Elegance is not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked website on our site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
17) Submissions. All suggestions, ideas, notes, concepts, and other information you may, from time to time, send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
18) Venue Applicable Law. THE CONSUMER AGREES THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THIS SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA OR THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT NORTHAMPTON COUNTY, PENNSLYVANIA OR THE COMMONWEALTH OF PENNSYLVANIA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This Site is created and controlled by Bare Elegance Exquisite Lingerie and Intimate Apparel, in the State of Pennsylvania USA. As such, the laws of Pennsylvania will govern the terms and conditions contained in this Agreement and elsewhere throughout this Site, without giving effect to any principles of conflicts of laws.
19) Lapsed Accounts. In order to keep Bare Elegance Lingerie account access roster current, if an account holder does not access his or her account for a period of 180 days or more, Bare Elegance Lingerie reserves the right, at its sole discretion, to terminate such holder\'s account. Bare Elegance Lingerie will endeavor to notify an account holder of Bare Elegance Lingerie their intent to terminate such account holder\'s account by notice of such account holder\'s provided email address at least 30 days prior to deactivation. If the account holder fails to respond to such email notice with in 14 days after the day the email is sent by Bare Elegance Lingerie, such account holder\'s account will be terminated as noted above. Therefore, Bare Elegance Lingerie strongly recommends that all account holder\'s keep their accounts and contact data current and in use. While desires to prevent active accounts from being terminated prematurely, Bare Elegance Lingerie has no obligation to maintain accounts that appear to Bare Elegance Lingerie to have been abandoned. Each account holder agrees that failure to access his or her account for 90 days or more conclusively indicates that such account holder\'s account has been abandoned and that the account may therefore be terminated.
20) Bare Elegance Lingerie reserves the right to contact an account holder via email to verify the accuracy of account information (including the account holder\'s correct name and address) that is needed to provide the account holder with the information he or she requested from Bare Elegance Lingerie. |