FREE SHIPPING FOR SUBSCRIPTIONS!



TERMS AND CONDITIONS


PLEASE READ THESE TERMS AND CONDITIONS ("AGREEMENT" OR "TERMS AND CONDITIONS") CAREFULLY BEFORE USING WWW.BEAUUNDIES.COM (THE "SITE" OR “THE COMPANY”) OR ANY SERVICE OFFERED BY BEAU, LLC. (“BEAU”, “BEAU UNDIES," "WE," OR "US"). UNLESS YOU ACCEPT THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY BEAU UNDIES SERVICES. BY VISITING, BROWSING, OR USING THE SITE OR ANY BEAU UNDIES SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.

BEAU LLC RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS ("AGREEMENT" OR "TERMS AND CONDITIONS") OF USE AT ANY TIME WITHOUT NOTICE. 

This Agreement applies to all Site visitors and users of the Site or Beau Undies Services. If you don't agree with any term or condition in this Agreement, you cannot use the Site or any Beau Undies Services. If you have any questions, please refer to the Site's FAQs or email us at support@beauundies.com.

Copyright

All content of this Site, and the site itself, are protected by under intellectual property rights, including, but not limited to, copyright and trademark laws. All content is the property of Beau LLC.  Such content includes, but is not limited to, photographs, images, text, graphics, button icons, software, audio clips, video clips, designs, logos, trademarks, trade dress and all other content contained in this Site, as well as the software used to design and develop this Site. All rights are reserved, worldwide. You may electronically download or print hard copies of pages from this web site solely for personal, non-commercial purposes related to placing an order or shopping with www.beauundies.com. By downloading, copying and printing content for non-commercial use, you do not obtain any right, title or interest. Any other use of the Site is strictly prohibited without our prior written permission.

Disclaimer of Liability

By your use of this Site, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site. You further acknowledge that Beau LLC shall not be liable for any damages of any kind related to your use of this site. We make no representations or warranties of any kind, express or implied, with respect to this Site, its content, and the information and services available on or through it, are provided "as is" with any and all faults. Except as otherwise provided under applicable laws, we and our affiliates will not be liable for any damages whatsoever arising out of or related to the use of this web site. This limitation of liability applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information; this applies even if we are notified in advance of the potential for any such damages.

Errors and Inaccuracies

We strive to provide complete, accurate and up-to-date information on the Site. Unfortunately, we are not able to ensure that the Site is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability and some information may not be complete or current. We reserve the right to correct any errors, omissions or inaccuracies. This includes making corrections after an order has been submitted -- and to change or update information at any time without prior notice. 


No Confidentiality

Except for information necessary to place an order, any comments, suggestions, ideas or other submissions sent to us will be deemed non-confidential, and shall be the property of Beau LLC, including worldwide rights in all intellectual properties.


Terms of Sale/ Online Purchases

The Company and its Website are designed to allow Users to purchase a subscription to receive quality undergarment products every month. Once you create an account and authorize us to charge you, you will become an “Active Subscriber.” The Company reserves the rights, in its sole discretion, for any reason, to terminate your membership, to refuse any and all current or future use of the Website or the services or products offered by the Company, and to not do business with anyone. There may be a waitlist to receive your first Beau Bag (monthly subscription order). You will not be billed until you are taken off the waitlist and a Beau Bag is being prepared for you. You can read more about the waitlist below.

Beau Bag Contents: Beau Bags typically contain 2 undergarment items. The contents of each Beau Bag will vary from month to month. We attempt to customize your Beau Bag based on your style and size profile for the products in your monthly bag. We make no guarantees that you will receive a particular product.

All purchases through our site or other transactions for the sale of goods, or services or information formed through the Website or as a result of visits made by you to the Website, whether via the actual website on a computer browser, through a mobile application or through a social networking site are governed by these Terms of Sale.


User Accounts

Your Beau Undies User account will allow you to purchase products and services listed on our Website and will allow Users to access the Services, products and functionality that we may establish and preserve from time to time in our sole discretion. We may also maintain different types of accounts for different types of Users. If you create a Beau Undies User account on the Website on behalf of a company, organization, or any other entity, other than you includes you, you expressly represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms and Conditions, and that you agree to these Terms and Conditions on behalf of that entity.

The Company may use your email address provided when making your User account to send you messages regarding changes to features of the Website, changes to the Service, changes to the Terms and Conditions, and changes to the Company’s Privacy Policy. 


Creating an Account on the Website

Using another User's account without their express consent and permission is not allowed. Accurate and complete information must be provided when creating your User account. You are solely liable for the activity that occurs on your User account and it is your responsibility to keep your account credentials secure. Website User accounts require passwords. We recommend that you use “strong” passwords (passwords which include a combination of upper and lower case letters, numbers and symbols) for your account. If you become aware of any breach of security or unauthorized use of your Website Account, you must immediately notify the Company by email to support@beauundies.com. The Company will not be held liable for any losses caused on your User account by any unauthorized use of your User account. You control your User account, user profile and the interactions you have with the Service by accessing the settings section in your User account page. By providing the Company with your email address you authorize us to use your email address to send you Service related notices, which may include any notices required by law, in lieu of communication by postal mail. We may use your email address to send you messages regarding changes to features of the Service and messages regarding special offers. 





Subscription Plan

Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel or skip your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.

Users may use the Website without incurring any costs or fees. However, Users are given the option of subscribing to the Beau Undies service whereby users agree to receive a subscription for the receipt of a bag of undergarments on a monthly basis (known as the “Service”). The monthly subscription plan to the Service is offered for the then-current Monthly Subscription rate per month plus tax. The prices are subject to change without notice.

By subscribing to the monthly Service, you are considered a Subscriber of the Service, and you agree to the recurring monthly payment of the then-current Monthly Subscription rate per monthly subscription fee plus tax, whether monthly or in prepaid intervals offered by the Website. Once you subscribe and are off the waitlist, you acknowledge that the Company will process the then-current Monthly Subscription rate per month monthly subscription fee plus tax for the first month. As described below, you may cancel or skip your subscription BEFORE the 13th of each month by 11:59PM PST, without further notice to you or authorization from you every month, or term thereafter. You may cancel or skip months for your subscription via the website by logging in to your User Account.


ADD ONS

Subscribers are offered additional products to be purchased at the then-current price.
Additional items include, but are not limited to additional undies (limit up to three (3) additional undies per month), or bralettes (limit one (1) bralette per month). Add on items must be ordered BEFORE the 13th of each month by 11:59PM PST. 

Waitlist: Our Beau Bags are in high demand so you may be placed on a waitlist when you first subscribe for the services. If we are sold out of your specific size and style preference subscription, you can sign up for the waitlist using the link “Waitlist” on the homepage. We try to convert members from the waitlist into active subscribers as quickly as possible, but the timing depends on a number of important factors that result in the best customer experience. We never want to compromise the caliber or experience of the Beau Bag subscription services. 



Placing an Order for Products and Services. 

To purchase products and or Services from Us via the Website, you are required to provide the Company with information regarding your credit card or other authorized payment instrument. The Company reserves all right, at its sole discretion, to determine what form of payment it will accept. After placing an order on the Website, you will receive an email message from Us acknowledging that We have received your order. This acknowledgment email does not mean that your order has been accepted by Us. Your placed and acknowledged order constitutes an offer to Us to buy a product. All orders are subject to acceptance by Us, and We will confirm such acceptance to you by an email that confirms that the product has been dispatched (“Confirmation”). The contract between us and you (“Contract”) will only be formed when we send you the Tracking email detailing that your product has shipped. The Contract will relate only to those products and or services whose dispatch we have confirmed in the Tracking email. We are not obligated to supply any other product that may have been part of your order until the dispatch of such products and/or services has been confirmed in a separate Tracking email. All products ordered through our Website shall be subject to the payment processes described below.

Each subscription is solely its own subscription and each is subject separately to all terms and conditions laid forth in this document. Therefore, each subscription must be cancelled, updated, and handled separately. Cancellation, updating, or adjustments made to one subscription does not flow through to any other subscription for the Customer under their name of credit card information.


Payment

If you elect to use paid aspects of the Website offered by the Company, you agree to the pricing and payment terms cited on our Website, and as we may update them from time to time. The Company may add new Services for additional fees and charges, or change those fees and charges for existing services at any time in its sole discretion. You may use all major credit cards or debit cards for payment for all products and/or services offered by the Company.

Payments shall be processed through our Website in accordance with the payment information you submit on the Website. The Company reserves the right to withhold payment or charge back to your account any amounts otherwise due to Us, or amounts due to any failure to pay or other breach of these Terms and Conditions by you, pending the Company’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. All information that you provide in connection with a purchase from the Company or other transaction with the Website must be accurate, complete, and current. You agree to pay all applicable taxes or charges imposed by any government entity in connection with any purchase from the Company.


Disputes with the Company

If you dispute any payment made to the Company you must notify the Company in writing via email (at) within thirty (30) days of making the payment in dispute. Failure to notify the Company shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by the Company. No other accounting of any kind shall be accepted by the Company or have any effect under these Terms and Conditions. We may withhold any taxes or other amounts from payments due to you as required by law. By accessing the Website and agreeing to these Terms and Conditions, you expressly waive the right to request a chargeback from your credit card company, and acknowledge that your sole recourse for any disputes is through the dispute resolution procedures noted herein.

Cancellation and Refunds 

Users may cancel their subscription at any time BEFORE the 13th of each month by 11:59PM PST by logging in to the Account Page and selecting “Cancel Subscription”. 

If you are on the waitlist you cannot cancel by logging into your account, so please email us at support@beauundies.com to cancel your waitlist Monthly Subscription BEFORE the 13th of each month by 11:59PM PST. 

If you cancel your Beau Undies subscription you can re-subscribe any time, subject to the waitlist.

By using this Website, you understand and agree that you shall receive no refunds and no exchanges for any products provided by the Company once our supplier or We deliver these items to the carrier who delivers these products. Products in the monthly bag may vary from bag to bag sent to various Users of the Service. The Company cannot accommodate specific requests for certain products in the monthly bag, as the Company operates from a limited inventory of products depending on availability, but will make every effort to use the style and sizing preferences noted on the Users account.

No Returns: Due to sanitary reasons, you may not return any products you receive. This include undies, bralettes, and any other item offered by Beau Undies. If you have concerns about the products you have received, please email us at support@beauundies.com and we will work with you to address your concerns.

Shipping

Currently, Beau Undies ships within the United States and internationally (international orders have a flat rate shipping fee of $10 USD). Packages are shipped within 30 business days after receipt of payment. This is subject to change at any time, and any delays resulting from unforeseen circumstances are not subject to a refund. Non-US orders can take an additional 30 business days (total of 40), or longer, for delivery from when the package is shipped. Address changes must be made BEFORE the 13th of each month by 11:59PM PST to allow for the address change to be applied for that month’s shipment, in order to take effect for that month’s shipping. If the address is not updated in time, the carrier has the right to charge a forwarding fee.

Furthermore, Beau Undies provides tracking information for all shipments and is not responsible for packages once they leave our warehouse. Packages that are marked as “Delivered” to the address in which was provided to us BEFORE the 13th of the month by 11:59PM PST are not subject to reshipment or refund and is up to the sole responsibility of the customer to avail themselves to receive the package. Packages cannot be reshipped until they are into our possession at our warehouse. Packages returned to us due to incorrect address by the customer is subject to fees to reshipment.

The ability to provide a correct address lies solely on the Customer and is not the responsibility of the Company. The Company will ship packages to addresses provided to us by the customer either through the Website, Email, or Verbal transaction and is not responsible for the carrier’s ability or availability to provide successful delivery to that address.

Risk of Loss: A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.


Giveaways 

Official Rules for Contests and Sweepstakes

We advertise our Giveaways through various means, depending upon the type of Giveaway and the channels we use. You can find out about them on www.beauundies.com or through Beau Undie’s social media channels that are part of the Beau Undies Online Community.

Terms for Giveaways. Your participation in any Giveaway is subject to and governed by the official rules set forth here, along with any guidelines governing the social media additional terms (“Additional Terms”) outlined in the specific Giveaway listed on beauundies.com or Beau Undie’s Social Media channels (the "Specific Giveaway"). If there is a conflict between these official rules and the Additional Terms outlined in the Specific Giveaway, the Additional Terms will govern. 

Social Media Disclosure. All Giveaways also follow the guidelines of the social media channel on which the Giveaway is promoted. Giveaways are in no way sponsored, endorsed or administered by, or associated with the social media channel you use to learn about or enter the Giveaway. Entrants are providing their information to Beau Undies and not to the social media channel, during the entry process. The information entrants provide will be used for administering the specific Giveaway and/or for marketing purposes in accordance with these Terms of Use and with Beau Undies privacy policy.

No purchase is necessary to enter or win a sweepstakes offered by Beau Undies unless specified You can find information regarding whether purchase is necessary for a contest by checking the Additional Terms for the Specific Giveaway. 

Eligibility Unless otherwise noted in the Additional Terms for the Specific Giveaway, Beau Undies Giveaways are open to legal residents of the 50 United States and Canada (excluding the Province of Quebec), who are the age of majority in their jurisdiction (“Entrants”). Sweepstakes supervisors and members of their immediate families, are not eligible to participate or win. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited.

Sponsor Unless otherwise outlined in the Specific Giveaway, the Sponsor of the Giveaway is Beau, LLC. (d.b.a. Beau Undies) PO BOX 74571, Los Angeles, CA 90004 ("Sponsor" or "Beau Undies").

Sweepstakes Period. The Sweepstakes begins and ends on the time and date outlined in the Specific Giveaway, according to Sponsor’s internal time clock. All times are listed in California time, whether Pacific Daylight or Pacific Standard Time.

Only one entry per natural person per Giveaway, unless otherwise noted. Multiple entries for sweepstakes will not increase your chances of winning (you will still only receive one entry), unless otherwise noted.

You may enter as many current Giveaways as you are otherwise qualified to enter. In any given year, if your winnings exceed $600, your winnings may be considered by the IRS a taxable event, and Beau Undies may be required to issue you a tax form 1099.

How to Enter. Follow the instructions contained in the Specific Giveaway to enter. In some cases, you may be asked to enter through a social media channel. In that case, you must have an account on that social media channel. All social media channels Beau Undies uses to launch Giveaways are free to join and Beau Undies makes commercially reasonable efforts to make sure Giveaways follow the guidelines set forth by the social media channel for promotions of that nature. IN ALL CASES WHERE YOU ARE REQUIRED TO PLACE HASHTAGS ON THE ENTRY, ALL HASHTAGS MUST BE INCLUDED OR YOUR ENTRY WILL NOT BE ELIGIBLE FOR THE SPECIFIC GIVEAWAY.

In the event the Specific Giveaway is a sweepstakes and the sweepstakes requires you to upload a photograph of yourself or show an image of yourself, you may upload any image that includes the requisite hashtags (so that we can find it), and you will be entered in the Specific Giveaway.

If the Specific Giveaway is a contest, you will be provided the judging criteria on which your entry will be judged.

Odds. The odds of winning depend upon the number of entries received.

Giveaway Winner Notification and Announcement. Unless otherwise noted, Selected Entrants will be announced publicly using the social media channel on which the Giveaway was launched, and contacted by way of direct message to be given instructions on how to claim their prizes. Only one attempt to contact the Selected Entrant will be made Selected Entrant will be required to respond (as directed in the direct message) within seven (7) calendar days of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case Sponsor may, but is not obligated to select an alternate Selected Entrant.

Prize. The prize, the number of prizes, and the individual and total retail values of those prizes are listed in the Additional Terms of the Specific Giveaway.

Publicity. By participating in the Giveaway, any Entrant irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Entrant’s, entry or submission, name, likeness, biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Sweepstakes or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.

Prize Conditions. In cases where the prize in a Specific Giveaway exceeds $600.00, the Selected Entrant may also be required to complete additional paperwork, and may be required to provide Sponsor with her or his social security number and may be issued a tax form. In the event of a dispute about the identity of an Entrant, each entry will be declared made by the name and relevant information submitted at time of entry. Sponsor will not make multiple attempts to contact Selected Entrant. 

No substitution, transfer, or cash redemption of prize is permitted, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason.

Prizes are shipped only to the winner via ground shipping to the United States and Canada (excluding Quebec).

Conditions of Participating. By participating, Entrants agree to be fully and unconditionally bound by these terms, the Additional Terms, and the decisions of Sponsor, and waive any right to claim ambiguity in the Giveaway or to claim ambiguity. Any portion of the Giveaway may be canceled, suspended and/or modified, in whole or in part, if, in our opinion, any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Giveaway. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of any Giveaway or Sponsor’s website, to be acting in violation of these terms, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entrants may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Sponsor reserves the right at its sole discretion to terminate any Giveaway and, if terminated, at its discretion, select the winner(s) either by applying the judging criteria, or, if a sweepstakes, in a random drawing from among all eligible, non-suspect entries received prior to action taken.

Limitation of Liability. If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant's sole remedy is another entry in the same Giveaway during the Giveaway period listed in the Specific Giveaway. Selected Entrants also agree to release, discharge, indemnify and hold harmless Sponsor and each of its respective officers, directors, employees, representatives and agents (collectively "Releasees") from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in any Beau Undies Giveaways. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Giveaways; or (v) any printing, typographical, administrative or technological errors in any materials associated with these Giveaways. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with a Specific Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required.

Disputes and Jurisdiction. Disputes regarding these terms will be governed by the internal laws of the State of California. Decisions of Sponsor are binding and final. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.



Site Content: Other than content submitted to the Beau Undies Online Community by users ("User Content"), we own, exclusively, all rights, title, and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data, and materials (collectively, "Site Content"), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don't own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without Beau Undies prior written permission.

You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.

User Content: You must own all User Content you submit to any Beau Undies Online Community or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities in the Beau Undies Online Community and you submit User Content at your own risk.

Beau Undies does not claim ownership rights in your User Content. When you submit User Content to any Beau Undies Online Community you grant us a license to use such content, but you retain ownership.

By uploading User Content on the Site, you grant Beau Undies a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any form, media, or technology now known or later developed. You agree to allow Beau Undies to store, translate or reformat your User Content on the Site and display your User Content on the Site in any way Beau Undies chooses, for any purpose whatsoever, including for promotional or commercial purposes, without compensation or accounting to you and without further recourse by you. We will only use personal information in accordance with our Privacy Policy.

Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold Beau Undies harmless for any dispute concerning such re-posting. Beau Undies assumes no responsibility for any third party's intellectual property infringement of User Content.

Trademarks: The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed in the Beau Undies Online Community or through the Beau Undies Services are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear in the Beau Undies Online Community or through the Beau Undies Services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed in the Beau Undies Online Community without our written permission or that of the third-party rights holder.

Prohibited User Conduct: You agree that while using the Site and Beau Undies Services, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from Beau Undies, its affiliates, or another Beau Undies User; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the Beau Undies Online Community; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site or Beau Undies Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.

Information on the Beau Undies Online Community: We control and operate the Site from the United States. Beau Undies does not control User Content postings to the remainder of the Beau Undies Online Community. The views expressed in the Beau Undies Online Community do not necessarily reflect or represent the views of Beau Undies, its staff or affiliates. 

Beau Undies reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the Beau Undies Online Community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. Beau Undies also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.

You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please email us at support@beauundies.com. We will review your concerns in good faith. If you want us to remove User Content posted by you, please email us at support@beauundies.com. We will remove your User Content as soon as reasonably possible. 


Warranty Disclaimer: BEAU UNDIES AND BEAU UNDIES OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND IPSY ITS SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. BEAU UNDIES AND BEAU UNDIES OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM BEAU UNDIES TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

YOU AGREE THAT YOUR USE OF THE SITE, THE BEAU UNDIES ONLINE COMMUNITY, AND THE BEAU UNDIES SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT BEAU UNDIES HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.

Liability Limit: IN NO EVENT SHALL BEAU UNDIES OR BEAU UNDIES OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR BEAU UNDIES SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THE LIABILITY OF BEAU UNDIES AND BEAU UNDIES OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO BEAU UNDIES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity: YOU AGREE TO INDEMNIFY AND HOLD BEAU UNDIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. BEAU UNDIES RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH BEAU UNDIES DEFENSE OF SUCH CLAIM.

LEGAL DISPUTES

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND BEAU UNDIES HAVE AGAINST EACH OTHER ARE RESOLVED.

If a dispute arises between you and Beau Undies, we are likely to be able to resolve your matter quickly and to your satisfaction.  Please contact our customer support team by emailing us at support@beauundies.com.  Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible.  We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.

If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and Beau Undies all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section. It also applies even after you stopped using Beau Undies, are no longer a Beau Undies Subscriber, and/or have deleted your Beau Undies account. 

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and Beau Undies each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings.  For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award.  If either Beau Undies or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND BEAU UNDIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BEAU UNDIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

If a dispute arises between you and Beau Undies, we are likely to be able to resolve your matter quickly and to your satisfaction.  Please contact our customer support team by emailing us at support@beauundies.com.  Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible.  We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.

If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and Beau Undies all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section. It also applies even after you stopped using Beau Undies, are no longer an Beau Undies Subscriber, and/or have deleted your Beau Undies account. 

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and Beau Undies each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings.  For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award.  If either Beau Undies or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

Exceptions to Agreement to Arbitrate.

We all agree that we will go to court to resolve disputes relating to:

    1. Your or Beau Undies intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or

    2. Any claim made in small claims court either in Los Angeles County, California, in the country where you live, or some other place we both agree on, if it qualifies to be brought in that court.

No Class Actions.

We all agree that we can only bring a claim against each other on an individual basis.

That means: 

    1. Neither you nor Beau Undies can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.

    2. The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).

    3. The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other users of our Service, and cannot be used to decide other disputes with other users.

The Arbitration Process.

The American Arbitration Association (AAA) will manage the arbitration between you and Beau Undies , and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.

You are allowed to select the arbitration location as being in the county or province where you live or in Los Angeles County, California.  We can also choose a third location if we mutually agree. 

If your claim is for less than $10,000 (US), you do not need to attend the arbitration in person.  You can have a hearing by phone. If your claim is for more than $10,000, we will look to and follow the AAA for guidance.

While most arbitrators render a verbal decision, both you and Beau Undies have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, Beau Undies and/or you can ask a court to confirm it.  In some very limited circumstances, we may be allowed to ask a court to change the decision or award.  This is information you will be provided should the arbitration process prove unsatisfactory.


Applicable Law.

The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether these dispute resolution provisions regarding arbitration and class action can be enforced and how they should be interpreted.

Apart from that, if you are U.S. resident, these terms and our relationship will be governed by California law, except for its conflicts of laws principles. If you reside outside of the U.S., these Terms of Service and our relationship will be governed by English law, except for its conflicts of laws principles.

Any dispute or claim arising from or relating to the Agreement or the Beau Undies User is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in these Terms of Use. 

Choice of Law: This Agreement shall in all respects be governed by the laws of the State of California and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.

No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and Beau Undies failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.

Entire Agreement: These Terms of Use, together with our Privacy Policy, Cookie and Tracking Policy, Copyright and Intellectual Property Policy, Community Guidelines, and all other operating rules, policies, procedures, and additional terms that Beau Undies may publish from time to time on the Site, constitutes the entire agreement between you and Beau Undies concerning your use of the Site and Beau Undies Services. Beau Undies reserves all rights not granted under this Agreement.

Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency: You and Beau Undies are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to Beau Undies must be given by postal mail to Beau Undies, Attention: Beau LLC, PO BOX 74571, Los Angeles, CA 90004. Any notice to you may be given: (1) to the email address you provide to Beau Undies during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to Beau Undies, in which case notice will be deemed sufficient three days after the mailing date.


MODIFICATIONS TO TERMS OF USE 

We may change the Agreement or these Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted. If Beau Undies makes a material change, Beau Undies will notify you here in this Terms of Use Agreement or by any other means we deem appropriate. Beau Undies may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Site or any of the Beau Undies Services after we have modified this posting will constitute your acceptance of any changes.