Access and use of Under Moments web site is currently being provided free-of-charge to you. The terms “you”, “your”, and “yours” refer to the customer/purchaser utilizing our Site(s). The terms “Under Moments”, “we”, “us”, and “our” refer to Under Moments, Inc. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement you will have your access canceled and you may be permanently banned from using the Site and any interactive services. You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion
You are at least 18 years old or you are visiting Under Moments under the supervision of a parent or guardian. Under Moments grants you a limited and revocable license to use the Under Moments website for the purpose of shopping online with the Under Moments. You may not copy, reproduce, distribute, display, create derivative works from, translate, modify, reverse-engineer or otherwise exploit Under Moments or any portion of it. You may not make any commercial use of any information provided on Under Moments or make any use of Under Moments for any commercial benefit.
Under Moments reserves the right to refuse service, terminate accounts and/or cancel orders or portions there of in its discretion, including, without limitation, if Under Moments determines that any customer conduct violates applicable law or is harmful to the interests of Under Moments. You will not upload to, distribute or otherwise publish through Under Moments any information or material that (a) violates or infringes the proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic or could give rise to any civil or criminal liability under any law; or includes any viruses, worms, Trojan horses or other harmful code or properties. In using the Under Moments site you may be required to select a password and account identification. You are solely responsible for protecting the security and confidentiality of this password and identification. You will be responsible for all activities that occur under your account and password, whether or not such use is actually authorized by you.
Payment transaction processing
Under Moments facilitates the processing of purchases made by you on Undermoments.com You authorize Under Moments to process payment transactions on your behalf or to pass the payment transaction information and shipping or other information on to the partners and suppliers. You also authorize adjustments or reversals to be made to your payment method (credit card, debit card or other means of payment) in connection with returns, cancellations, reversals, refunds or other adjustments.
Copyright and patents
All content included on Under Moments including text, graphics, button icons, images and software belongs exclusively to Under Moments.com or it’s affiliates. The collection, arrangement, and assembly of all such text, graphics, button icons, images and software belongs exclusively to Under Moments and is protected by United States and international copyright laws.
Under Moments and other logos, service or trade names used on Under Moments are registered trademarks, trademarks or service marks of Under Moments, its affiliated corporate entities or its partners and suppliers. The use of any Under Moments trademark or service mark is prohibited without the prior written consent of Under Moments.
Risk of loss
The risk of loss and title for items purchased by you pass to you upon the delivery of the items to the carrier.
Termination and effect of termination
In addition to any other legal or equitable remedy, Under Moments may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of Under Moments and Under Moments may revoke any password(s) and/or account identification issued to you and deny you access to and use of Under Moments. Any such action shall not affect any rights and obligations arising prior thereto.
We are not responsible for any typographical errors and we reserve the right to terminate any transaction that is associates with the error.
Disclaimer and limitation of liability
The products offered for sale on Under Moments and the transactions conducted upon and through it are provided to you on an “as is” basis. Under Moments makes no representation of any kind, express or implied, as to the operation of Under Moments or the information, content or products presented on Under Moments. To the extent allowed by law, Under Moments disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and systems integration. Under Moments may include inaccuracies, mistakes or typographical errors.
To the extent allowed by law, Under Moments will not be liable for any damages of any kind arising from your use of Under Moments including, but not limited to, indirect, incidental, punitive, exemplary, special or consequential damages. To the extent allowed by law, the total liability of Under Moments to you for any damages will not exceed the total amount of money actually paid by you during the eight (8) weeks immediately before the act giving rise to the alleged responsibility of Under Moments.
We do everything we can to ensure the accuracy of the product information or prices displayed, but occasionally, errors occur. Please notify Under Moments of any information or pricing inaccuracies so that we will do our best to correct the problem. We apologize for any inconvenience this may cause.
The remedy of Under Moments at law for any actual or threatened breach of these terms and conditions would be inadequate and Under Moments will be entitled to specific performance or injunctive relief, or both, in addition to any damages that Under Moments is legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of Under Moments shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses. No waiver by Under Moments of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
The laws of the State of New York will govern these terms and conditions without giving effect to any principles of conflicts of laws.