Terms and Conditions
Terms and Conditions
====================
Last updated: May 24, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
==============================
Interpretation
--------------
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
Definitions
-----------
For the purposes of these Terms and Conditions:
* Affiliate means an entity that controls, is controlled by or is under
common control with a party, where "control" means ownership of 50% or
more of the shares, equity interest or other securities entitled to vote
for election of directors or other managing authority.
* Account means a unique account created for You to access our Service or
parts of our Service.
* Country refers to: Florida, United States
* Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to UnderwAir, 2308 East Colonial Drive, Ste
158, Orlando FL 32803.
* Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
* Feedback means feedback, innovations or suggestions sent by You regarding
the attributes, performance or features of our Service.
* Goods refer to the items offered for sale on the Service.
* Orders mean a request by You to purchase Goods from Us.
* Promotions refer to contests, sweepstakes or other promotions offered
through the Service.
* Service refers to the Website.
* Terms and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the Company
regarding the use of the Service.
* Third-party Social Media Service means any services or content (including
data, information, products or services) provided by a third-party that
may be displayed, included or made available by the Service.
* Website refers to UnderwAir, accessible from <http://www.underwair.com>
* You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.
Acknowledgment
==============
These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the use
of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply
to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions then
You may not access the Service.
You represent that you are over the age of 18. The Company does not permit
those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance
of and compliance with the Privacy Policy of the Company. Our Privacy Policy
describes Our policies and procedures on the collection, use and disclosure of
Your personal information when You use the Application or the Website and
tells You about Your privacy rights and how the law protects You. Please read
Our Privacy Policy carefully before using Our Service.
Placing Orders for Goods
========================
By placing an Order for Goods through the Service, You warrant that You are
legally capable of entering into binding contracts.
Your Information
----------------
If You wish to place an Order for Goods available on the Service, You may be
asked to supply certain information relevant to Your Order including, without
limitation, Your name, Your email, Your phone number, Your credit card number,
the expiration date of Your credit card, Your billing address, and Your
shipping information.
You represent and warrant that: (i) You have the legal right to use any credit
or debit card(s) or other payment method(s) in connection with any Order; and
that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the
information to payment processing third parties for purposes of facilitating
the completion of Your Order.
Order Cancellation
------------------
We reserve the right to refuse or cancel Your Order at any time for certain
reasons including but not limited to:
* Goods availability
* Errors in the description or prices for Goods
* Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an
unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights-Returns Policy
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Any Goods you purchase can only be returned in accordance with these Terms and
Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our
Returns Policy:
In order to preserve the sanitary nature of our products, we do not offer exchanges. Please consult our size guide prior to ordering.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order.
If there is an issue with your order, please contact us for assistance at hello@underwair.com.
Availability, Errors and Inaccuracies
-------------------------------------
We are constantly updating Our offerings of Goods on the Service. The Goods
available on Our Service may be mispriced, described inaccurately, or
unavailable, and We may experience delays in updating information regarding
our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications, availability,
and services. We reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
-------------
The Company reserves the right to revise its prices at any time prior to
accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an
Order in the event of any occurrence affecting delivery caused by government
action, variation in customs duties, increased shipping charges, higher
foreign exchange costs and any other matter beyond the control of the Company.
In that event, You will have the right to cancel Your Order.
Payments
--------
All Goods purchased are subject to a one-time payment. Payment can be made
through various payment methods we have available, such as Visa, MasterCard,
Affinity Card, American Express cards or online payment methods (PayPal, for
example).
Payment cards (credit cards or debit cards) are subject to validation checks
and authorization by Your card issuer. If we do not receive the required
authorization, We will not be liable for any delay or non-delivery of Your
Order.
Promotions
==========
Any Promotions made available through the Service may be governed by rules
that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as
well as our Privacy policy. If the rules for a Promotion conflict with these
Terms, the Promotion rules will apply.
User Accounts
=============
When You create an account with Us, You must provide Us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of Your account
on Our Service.
You are responsible for safeguarding the password that You use to access the
Service and for any activities or actions under Your password, whether Your
password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us
immediately upon becoming aware of any breach of security or unauthorized use
of Your account.
You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than You without appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
=====================
The Service and its original content (excluding Content provided by You or
other users), features and functionality are and will remain the exclusive
property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the
Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product
or service without the prior written consent of the Company.
Your Feedback to Us
===================
You assign all rights, title and interest in any Feedback You provide the
Company. If for any reason such assignment is ineffective, You agree to grant
the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide
right and license to use, reproduce, disclose, sub-license, distribute, modify
and exploit such Feedback without restriction.
Links to Other Websites
=======================
Our Service may contain links to third-party web sites or services that are
not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any such web sites or
services.
We strongly advise You to read the terms and conditions and privacy policies
of any third-party web sites or services that You visit.
Termination
===========
We may terminate or suspend Your Account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You
wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
=======================
Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service or 100 USD if You haven't purchased
anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Service, third-party software and/or third-
party hardware used with the Service, or otherwise in connection with any
provision of this Terms), even if the Company or any supplier has been advised
of the possibility of such damages and even if the remedy fails of its
essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of
the above limitations may not apply. In these states, each party's liability
will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
==========
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults
and defects without warranty of any kind. To the maximum extent permitted
under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service
will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or on behalf
of the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law.
Governing Law
=============
The laws of the Country, excluding its conflicts of law rules, shall govern
this Terms and Your use of the Service. Your use of the Application may also
be subject to other local, state, national, or international laws.
Disputes Resolution
===================
If You have any concern or dispute about the Service, You agree to first try
to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
=============================
If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.
United States Legal Compliance
==============================
You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a "terrorist supporting" country, and (ii)
You are not listed on any United States government list of prohibited or
restricted parties.
Severability and Waiver
=======================
Severability
------------
If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Waiver
------
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under these Terms shall not effect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall the waiver of a breach constitute a waiver of any
subsequent breach.
Translation Interpretation
==========================
These Terms and Conditions may have been translated if We have made them
available to You on our Service. You agree that the original English text
shall prevail in the case of a dispute.
Changes to These Terms and Conditions
=====================================
We reserve the right, at Our sole discretion, to modify or replace these Terms
at any time. If a revision is material We will make reasonable efforts to
provide at least 30 days' notice prior to any new terms taking effect. What
constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.
Contact Us
==========
If you have any questions about these Terms and Conditions, You can contact
us:
* By email: hello@underwair.com
Disclaimer
Last updated: April 14, 2024
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Disclaimer:
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Disclaimer) refers to Lwhitesolutionsllc, 3208 East Colonial Dr. STE 158, Orlando FL 32803.
- Service refers to the Website or the Application or both.
- You means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Website refers to Underwair, accessible from https://underwair.com/
- Application means the software program provided by the Company downloaded by You on any electronic device named Underwair.
Disclaimer
The information contained on the Service is for general information purposes only.
The Company assumes no responsibility for errors or omissions in the contents of the Service.
In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Company does not warrant that the Service is free of viruses or other harmful components.
Medical Information Disclaimer
The information about health provided by the Service is not intended to diagnose, treat, cure or prevent disease. Products, services, information and other content provided by the Service, including information linking to third-party websites are provided for informational purposes only.
Information offered by the Service is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment.
Individuals are different and may react differently to different products. Comments made on the Service by employees or other users are strictly their own personal views made in their own personal capacity and are not claims made by the Company nor do they represent the position or view of the Company.
The Company is not liable for any information provided by the Service with regard to recommendations regarding supplements for any health purposes.
The Company makes no guarantee or warranty with respect to any products or services sold. The Company is not responsible for any damages for information or services provided even if the Company has been advised of the possibility of damages.
Fitness & Nutritional Information Disclaimer
The Service can offer health, fitness and nutritional information including, without limitation, advice and recommendation, that is provided solely as general education and informational purposes.
Use of the advice and information contained herein is at your sole choice and risk. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult your physician or healthcare provider before beginning any nutrition or exercise program.
If You choose to use this information without prior consent of your physician, You are agreeing to accept full responsibility for your decisions and agreeing to hold harmless the Company.
External Links Disclaimer
The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.
Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Errors and Omissions Disclaimer
The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to ensure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.
The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.
Fair Use Disclaimer
The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.
The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.
If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.
Views Expressed Disclaimer
The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.
Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.
No Responsibility Disclaimer
The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.
In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.
"Use at Your Own Risk" Disclaimer
All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Contact Us
If you have any questions about this Disclaimer, You can contact Us:
- By email: hello@underwair.com