TERMS & CONDITIONS

These Terms and Conditions will govern the relationship with all visitors of the Site and with all purchasers and users of products from UCA LINGERIE. By clicking “I ACCEPT” below, by visiting or otherwise accessing the Site, or by using the products offered by UCA LINGERIE (the “Products”), you agree to these Terms and Conditions, and to the Privacy Policy found and incorporated herein by reference.

 

Throughout these Terms and Conditions, “you” applies to both individuals and entities that access or use the Site or purchase or use any Products and “we” or “us” applies to UCA LINGERIE. If you are an individual using our Site or purchasing or using our Products on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Terms and Conditions and that by using our Site or purchasing or using our Products, you are accepting the Terms and Conditions on behalf of that entity.

 

If you do not agree with these Terms and Conditions, do not visit or access the Site and do not purchase any Products. If you do not agree to be bound by these Terms and Conditions as published by UCA LINGERIE from time to time, your sole and exclusive remedy is to discontinue visiting and accessing the Site and discontinue purchases of the Products.

 

TERMS OF USE

 

  1. Site. The Site is provided only for the purposes of providing information and allowing visitors to purchase Products. All content, including but not limited to all copyrights, trademarks, and service marks, on the Site are the sole property of UCA LINGERIE and its suppliers. No licenses or rights are granted, assigned, or transferred in any manner to any other person as a result of access to the Site. Except for content expressly allowed for download on the Site, you may not download or use all or any portion of the content of the Site. In addition, you may not modify or copy the content, use the content for any commercial purpose, publicly display the content, remove any copyright or other proprietary notations, transfer the content to another person, or "mirror" the content in any way.

 

  1. Your Account. If you create an account with UCA LINGERIE for the purchase of Products, you agree to provide us with complete and accurate information when you create such account. You are responsible for maintaining the security of your account, and you are fully responsible and liable for all activities that occur under your account. You will not share or misuse your account. You will immediately notify UCA LINGERIE of any unauthorized use of your account or of any other breach of security. UCA LINGERIE is not liable for any acts or omissions by you including any damages of any kind incurred as a result of such acts or omissions. If you are younger than the age of 18, you may not create an account with UCA LINGERIE.

 

  1. Products. Purchase and use of the Products are subject to the Return Policy found. Except as set forth in these Terms and Conditions, no products will have any warranty of merchantability, fitness for a particular purpose, or other warranty, whether express or implied. All implied warranties are hereby disclaimed.

 

  1. DISCLAIMERS. Your use of the site is at your own risk. UCA LINGERIE is providing the site “as is” without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. UCA LINGERIE does not guarantee that the site will be safe, secure, or error free. The content on the site may include technical, typographical, or photographic errors. UCA LINGERIE does not warrant that any of the content on the site is accurate, complete, or current.

 

  1. Limitation of liability. Under no circumstances shall UCA LINGERIE be liable for indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), for any reason. Examples of such reasons include, without limitation, those damages resulting from any aspect of your use of this site or any purchase or use of the products, whether the damages arise from use or misuse of the site or any products, from inability to use the site or any products, from the interruption, suspension, modification, alteration, or termination of the site or any products, from any other action taken by UCA LINGERIE, or otherwise. The foregoing limitation shall apply regardless of the form of action and whether such action is in contract, breach of warranty, tort, negligence, strict liability, or otherwise. These limitations shall apply to the fullest extent permitted by law.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. In such cases, UCA LINGERIE’s liability will be limited to the fullest extent permitted by applicable law.
 
You acknowledge that no data transmission on the Internet can be 100% secure. Consequently, you acknowledge and agree that all information sent to us (including any payment information or personal or confidential information) is done so at your own risk.

 

  1. Miscellaneous.

 

(a)        Binding Effect; Assignment. These Terms and Conditions are binding on and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns. All rights and obligations hereunder may not be assigned by you without the prior express written consent of UCA LINGERIE. All rights and obligations hereunder will be assignable by UCA LINGERIE in its sole discretion.
 
(b)        Choice of Law. These Terms and Conditions will be interpreted and construed in accordance with the laws of the State of North Carolina. Any and all claims, controversies, and causes of action arising out of or relating to these Terms and Conditions or the Products, whether sounding in contract, tort, or statute, will be governed by the laws of the State of North Carolina, including its statute of limitations, without giving effect to its conflict of laws, rules or other rules that would result in the application of the laws of a different jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions.
 
(c)        Choice of Forum. Without limiting Section 11 of these Terms and Conditions, any party wishing to bring against the other party a civil action or proceeding arising out of relating to these Terms and Conditions or the Products may bring such an action or proceeding exclusively in the state or federal courts in Mecklenburg County, North Carolina. The parties waive any right to dismiss or transfer such an action or proceeding, whether because of inconvenience of the forum or for any other reason, and consent to the exclusive jurisdiction of the aforementioned courts. Nothing in this Section 6(c) will prevent enforcement in another forum of any judgment obtained in a court identified in this Section 6(c).
 
(d)       Waiver. Any waiver by UCA LINGERIE or consent by UCA LINGERIE to any variation from any provision of these Terms and Conditions will be valid only if in writing and only in the specific instance in which it is given, and such waiver or consent may not be construed as a waiver of any other provision or as a consent with respect to any similar instance or circumstance.
 
(e)        Severability. You acknowledge that, if a dispute between you and UCA LINGERIE arises out of these Terms and Conditions or the Products, you would want a court, arbitrator, or other arbiter to interpret these Terms and Conditions as follows:
  1. With respect to any provision that it holds to be unenforceable, by modifying that provision to the minimum extent necessary to make it enforceable or, if that modification is not permitted by law, by disregarding that provision;
  2. If an unenforceable provision is modified or disregarded in accordance with this Section 6(e), by holding that the rest of these Terms and Conditions will remain in effect as written;
  3. By holding that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable; and
  4. If modifying or disregarding the unenforceable provision would result in failure of an essential purpose of these Terms and Conditions, by holding these Terms and Conditions unenforceable in their entirety.
(f)        Additional Terms. No oral advice or written information given by UCA LINGERIE or any of its affiliates, employees, officers, directors, agents, or the like may create a warranty to modify these Terms and Conditions. Price and availability information is subject to change without notice.

 

  1. Modifications and Amendments. Although UCA LINGERIE may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version. UCA LINGERIE may, in its sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions through your continued use of the Site or purchase of any Products. UCA LINGERIE may make changes to the content of the Site at any time without notice. UCA LINGERIE is not obligated to make any changes to the Site for any reason.

 

  1. Third Party Content, Goods, and Services. We may display, include, or make available third-party content, including data, information, applications, links to websites, and other products or services (“Third Party Services”). You acknowledge that UCA LINGERIE will not be responsible for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, or quality. UCA LINGERIE does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Services. Third Party Services and links thereto are provided solely as a convenience to you. You may access and use them at your own risk.

 

  1. Your Content. If you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, proposals for new or improved Products, goods, or services, or reviews, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary, and will become the sole property of UCA LINGERIE without any compensation or credit to you whatsoever. UCA LINGERIE and its affiliates will have no obligation to you with respect to such submissions and may use the content thereof for any purpose in any medium in perpetuity, including but not limited to developing, manufacturing, and marketing Products, goods, or services. You further agree that any such information, including reviews, may be reproduced, edited, modified, or deleted by UCA LINGERIE at any time in UCA LINGERIE’s sole discretion.

 

  1. Notice of Copyright Infringement under the Digital Millennium Copyright Act (“DMCA”). The DMCA provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on this Site infringe your copyright, you or your agent may send us a notice requesting that we remove the material or disable access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to us in writing with all detailed information at contact@ucalingerie.com.

 

  1. Arbitration. As the exclusive means of resolving through adversarial dispute resolution any disputes arising out of or relating to these Terms and Conditions or the Products, whether based in Common Law, Statutory Law, or Equity, a party may demand that any such dispute be resolved by arbitration administered by the American Arbitration Association in accordance with this section 11 and the American Arbitration Association’s commercial arbitration rules and supplementary procedures for consumer related disputes. Each party hereby consents to any such disputes being so resolved. The arbitration will be binding on the parties and, if a party fails to comply, any award or order rendered by the arbitrator may be confirmed as a judgment or order in any state or federal court of competent jurisdiction. Nothing in this section 11 will prevent a party from seeking injunctive relief for violation of these Terms and Conditions Nothing in this section 11 will prevent a party from seeking injunctive relief for violation of these Terms and Conditions, in which case such petition for injunctive relief may be brought solely in the courts designated in section 6(c).

 

By clicking “I ACCEPT” below, you confirm that you have read and understand this section 11, and voluntarily agree to binding arbitration. In doing so, you voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal and rights to pursue a class action.
 
Arbitration under this Section 11 will be conducted in accordance with the following provisions:
(a)       Arbitration will be conducted by sole arbitrator determined by AAA commercial arbitration rules.
(b)        The arbitrator must decide the case pursuant to and consistently with the governing law of the Terms and Conditions.
(c)        Any award granted by the arbitrator must be limited to that necessary to put the aggrieved party in the position as if the other party had fully performed. The arbitrator may not award special, exemplary, or punitive damages, unless such damages are required by law.