I. Agreement Between User And Fannypants
The Fannypants web site, located at www.fannypants.com, is owned and operated by Fannypants. The Fannypants web site is offered to you conditioned upon your acceptance without modification of, and agreement to, the terms, conditions, and noticed contained herein. You also agree to and accept our Privacy Statement and Policy also accessible via this web site, which describes how Fannypants uses the information derived from your access to Fannypants’ web site and is incorporated into these terms and conditions by reference. Please read the terms and conditions and Privacy Statement and Policy carefully as you are agreeing to be bound by their terms. By clicking “sign in” and entering or otherwise using Fannypants’ web site, you have accepted and agreed to all such terms, conditions, and notices, as described herein. Fannypants reserves the right to change the terms, conditions, and notices under which the Fannypants web site is offered, including but not limited to the charges associated with the use of the Fannypants web site.
TOGETHER THESE TERMS AND CONDITIONS AND THE PRIVACY STATEMENT AND POLICY CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH FANNYPANTS. YOUR AGREEMENT SETS FORTH LEGALLY BINDING TERMS GOVERNING YOUR USE OF FANNYPANTS’ WEB SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICS OFFERED ON FANNYPANTS’ WEB SITE. BY SIGNING INTO, ACCESSING AND/OR USING THE WEB SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND ABIDE BY ALL OF ITS TERMS. IF YOU DO NOT CONSENT TO AND AGREE WITH ALL THE PROVISIONS OF THIS AGREEMENT, YOU DO NOT HAVE FANNYPANTS PERMISSION TO, AND YOU SHOULD NOT, ACCESS AND/OR USE THIS WEB SITE, OR PURCHASE PRODUCTS OR SERVICES THROUGH THIS WEB SITE.
II. Customer/User Accounts
To access certain portions of this web site and to purchase products and services from Fannypants, you must first register for an account with Fannypants (“Fannypants Account”) and provide certain personal information as prompted. In so registering, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the web site does not violate any applicable law or regulation or the terms of this Agreement. You are responsible for all activities that are associated with your Fannypants Account (including but not limited to purchases, web site usage, and/or correspondence from your Fannypants Account to Fannypants). You agree to immediately notify Fannypants of any unauthorized use or suspected unauthorized use of your Fannypants Account or any other breach of security. You may de-activate your Fannypants Account at any time through the “My Account” section of this web site.
III. Products and Services and Prices Subject to Change
The prices and availability of Fannypants’ products and/or services are always subject to change at Fannypants’ sole discretion. You agree that Fannypants will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Fannypants product or service. In the event a product or service is listed at an incorrect price or with incorrect information, Fannypants shall have the right, prior to the acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card and/or PayPal account has already been charged for the order and Fannypants cancels your order, Fannypants will, as promptly as reasonably possible, issue a credit to your credit card account or PayPal account equal to the amount of the charge.
IV. Terms of Payment
You agree to pay the price applicable for the product or service at the time you submit your order, the delivery fees for the delivery service you select, and any applicable taxes. Fannypants will automatically bill your credit card or PayPal account submitted as part of the order process for such amounts, and you hereby authorize Fannypants to do so. You are solely responsible for payment of all sales/transaction taxes associated with any purchase of Fannypants’ products and services other than taxes directly imposed on Fannypants’ business activity in a state. All payments for products and services are non-refundable except as otherwise and expressly set forth herein. Fannypants reserves the right to, without waiving any of its other remedies, charge a late fee on all past due payments equivalent to the lesser of one percent (1%) per month on the unpaid balance or the highest interest rate allowed by applicable usury law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of such past due payment amounts.
V. Acceptance/Cancellation of Product Orders/Shipping Policy
Your receipt of an order confirmation from Fannypants does not signify Fannypants’ acceptance of your order, nor does it constitute confirmation of Fannypants’ offer to sell you its Products. Fannypants reserves the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. Your order for Fannypants’ product(s) is not accepted until it is shipped (or a portion of the order is shipped). You agree that your sole and exclusive remedy regarding such cancelled orders are as follows: (1) if your credit card or PayPal account has already been charged for the cancelled portion of the order, Fannypants shall issues a credit to your credit card or PayPal account in the amount charged for the cancelled portion of the order or (2) Fannypants shall not charge your credit card or PayPal account for the cancelled portion of the order. Any delivery dates for purchased products provided to you by Fannypants are only estimated dates of delivery. Fannypants reserves the right to make product deliveries in installments. Fannypants will send you an email when your order has shipped and you may review your order and shipping information on your Fannypants Account page.
VI. Product Return Policies and Procedures
If the purchased product has been shipped, then the sale is final and no returns will be accepted. No returns or exchanges shall be allowed except in the case of Damaged Products. If the Product arrives damaged (“Damaged Product’), Fannypants will accept returns for a full refund only in accordance with the return procedures herein provided that Fannypants confirms that your product was a Damaged Product and was returned in accordance with the return procedures herein. In such a situation, your sole and exclusive remedy is that (i) Fannypants shall issue a refund to your credit card or PayPal account in the amount charged for the Damaged Product (if your credit card has already been charged for the Product) or (ii) Fannypants will not charge your credit card or PayPal account for the Damaged Product; or (iii) Fannypants will give you a credit of the purchase price of the Damaged Product to apply toward your purchase of another Fannypants product. All returns must be made within 16 days after the Product shipment date. All returned Products must be unused (e.g., not worn, used, tried on, washed. damaged, or altered) and returned in accordance with the instructions received from Fannypants’ customer service department which can be contacted at: firstname.lastname@example.org or 703-953-3099. You are solely responsible for the cost of shipping the returned Product back to Fannypants. All Products not returned in accordance with the Return Procedures shall be sent back to you, and no credit or refund will be issued. Please note that we do not offer refunds on our products.
VII. Promotional Offers
Fannypants may make available special offers and promotions to its customers (i.e. customer referral rewards, coupons, credits, etc.). Any such offers and promotions will expire on the dates specified in the offer or promotion. Credits, coupons, prizes, and benefits may not be combined with any other offers or promotions. Fannypants reserves the right at any time, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, credits do not constitute property and you do not have a vested property right or interest in the credits.
VIII. Links to Third Party Sites
This web site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of Fannypants and Fannypants is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fannypants is not responsible for webcasting or any other form of transmission received from any Linked Site. Fannypants includes Linked Sites on its web site as a convenience to its customers, and the inclusion of any link does not imply endorsement by Fanny Pants of the site or any association with its operators. Fannypants’ web site may contain links to other web sites which Fannypants does control.
IX. No Unlawful or Prohibited Use
As a condition of your use of the Fannypants web site, you warrant to Fannypants that you will not use the Fannypants web site for any purpose that is illegal, unlawful or prohibited by these terms, conditions, and notices. You may not use the Fannypants web site in any manner which could damage, disable, overburden, or impair the Fannypants web site or interfere with any other party’s use and enjoyment of the Fannypants web site.
X. Use of Fannypants’ Web Site and Communication Services
The Fannypants web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Fannypants web site for proper purposes only. By way of example, and not as a limitation, you agree that when using the Fannypants’ web site including without limitation any Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity and property rights) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose (except in the event any such particular Communication Service specifically exists and specifically allows such messages).
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Fannypants web site including its Communication Services.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Fannypants has no obligation to monitor Communication Services on its web site. However, Fannypants reserves the right to review materials posted in the Fannypants web site or to a Communication Service and to remove any materials in its sole discretion. Always use caution when giving out any personally identifying information about yourself or your children on the internet including without limitation in the Fannypants web site or in any Communication Service. Fannypants does not control or endorse the content, messages or information found in any Communication Service and, therefore, Fannypants specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
XI. Copyright and Intellectual Property
Fannypants has adopted and implemented certain policies regarding copyright law that apply to this web site. If you suspect that this web site is being used to infringe upon the intellectual property rights and/or copyrights of another individual or entity, Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. If you believe that any content on this web site infringes on your copyright, or otherwise violates these Terms of Service, please contact us to report irregularities with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where the material that you claim is infringing is located on the site.
4. Your address, telephone number and email address.
5. A 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.
6. 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.
Our copyright agent for delivery of this notice of claims of copyright infringement can be reached by mail to:
Attn: Copyright Agent Notices
4229 Lafayette Center Drive, #1150
Chantilly, VA 20151
and, where suitable by email, to info@Fannypants.com. Fannypants is not responsible or in any manner liable for any such potential or actual infringement.
XII. Liability Disclaimer
THE WEB SITE, PRODUCTS AND SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND FANNYPANTS EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS, THEN ALL SUCH WARRENTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE.
FANNYPANTS DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE AND FANNYPANTS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IF A SUPPLIER/MANUFACTURER PROVIDES AN EXPRESS WARRANTY, THAT WARRANTY IS BETWEEN YOU AND THE SUPPLIER AND NOT FANNYPANTS.
IN NO EVENT SHALL FANNYPANTS, OR FANNYPANTS’ OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH FANNYPANTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, USE OR PURCHASE OF FANNYPANTS’ PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FANNYPANTS’ WEB SITE, PRODUCTS, AND THIRD PARTY SITES ARE TO BE USED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
XIII. Termination/Access Restriction
Fannypants reserves the right, in its sole discretion, to terminate your access to the fannypants web site and the related services or any portion thereof at any time, without notice.
XIV. Applicable Law, Jurisdiction and Venue
To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of state courts in Fairfax County, Virginia, U.S.A. and federal courts in Alexandria, Virginia, U.S.A. in all disputes arising out of or relating to the use of the Fannypants web site. Use of the Fannypants web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fannypants as a result of this agreement or use of the Fannypants web site. Fannypants’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fannypants’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Fannypants web site or information provided to or gathered by Fannypants with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement is written in English and, even if translated for the convenience of the reader, it is the expressed intention of the parties that this agreement and all related documents be construed, as written, in English.
You agree to indemnify and hold Fannypants, as well as Fannypants’ officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including attorneys’ fees and costs, from any claim or demand made by any third party due to or arising out of (1) your use of Fannypants’ web site or Products, or (2) your violation of this Agreement. Fannypants reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense to these claims. You agree not to settle any matter without the prior written consent of Fannypants. Fannypants will use reasonable efforts to notify you of any such claim, action or proceeding as promptly as reasonably possible upon becoming aware of it.