LAST UPDATED: November 2022
Your use of the Services (as defined below)
constitutes your acceptance of this Agreement.
This Agreement is between Wacoal Direct Corp. and Wacoal America, Inc. ("we," "us") and you
("you") concerning your use of the website or mobile application owned or operated by us from
which you are accessing this Agreement (including all content and services offered on or through
the website and mobile application, and together with any successor site(s) and mobile application(s)
or other services you request from us, the "Services").
Acceptance of Terms. By using the Services, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on or through the Services. We may make changes to this Agreement from
time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on or through the Services. You can determine when we last changed this Agreement by referring
to the "LAST UPDATED" legend above. Your use of the Services following changes to this Agreement will constitute your acceptance of those changes; provided, however, any material change to this Agreement shall not apply
retroactively to any claim or dispute between you and us in connection with this Agreement that arose prior to the "LAST UPDATED" date applicable to that version of this Agreement in which we included such material
Changes to the Site. We may, at any time and from time to time, in our sole discretion, temporarily or permanently, in whole or in part, modify or discontinue all or part of the Services; charge, modify or waive
fees required to access or use the Services; or offer opportunities to some or all Services users. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension
or discontinuance of the Services, in whole or in part, or of any service, content, feature, product or price offered through the Services. Your continued use of the Services after such changes will indicate your acceptance of
Jurisdiction. The Services are controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The
Services may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Services, you do so at your own risk, and you are responsible for complying with all local laws, rules
and regulations. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
"). You agree that all information you provide to us is true, accurate and complete, and you will maintain and update such information regularly. If you choose to make any of your personally identifiable or other
information publicly available on or through the Services, you do so at your own risk.
Sizing App: We collect digital photos and measurements when you voluntarily use our mobile sizing app (“Sizing App”) which can either be downloaded as an application to your mobile device or used without a download through our website. These photos are deleted promptly, and in no event later than four weeks after they’ve
including because of physical or other limitations, please visit our Find Your Fit page for other sizing options, which include detailed instructions on how to measure yourself
and recommendations if you already know your size. If none of these options works for you, you can also contact us to schedule a virtual fitting.
- Rules of Conduct.
Registration. You may need to register to use any part(s)
of the Services. We may reject, or require that you change, any user name, password
or other information that you provide to us in registering. Your user name and password
are for your personal use only and should be kept confidential; you are responsible for
any use of your user name and password, and you agree to promptly notify us of any
confidentiality breach or unauthorized use of your user name and password, or your Services account.
SMS/Text Messaging. We may offer you a mobile message and SMS/text messaging
service (the "SMS Service") from time to time. Your use of the SMS Service constitutes your agreement
to these terms and conditions in this section 7 (“Mobile Terms”). We may modify or cancel the SMS
Service or any of its features without notice. To the extent permitted by applicable law, we may also
modify these Mobile Terms at any time and your continued use of the SMS Service following the effective
date of any such changes shall constitute your acceptance of such changes.
In using the Services, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior. In addition, you will comply with the following "Rules of Conduct" as updated from time to time by us. You will not:
Post, transmit, or otherwise make available, through or in connection with the Services:
Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected
by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- publicity or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about
illegal activities or activities such as "hacking," "cracking" or "phreaking."
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of,
any hardware, software or equipment.
Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
- Any material non-public information about a company without the proper authorization to do so.
- Use the Services for any fraudulent or unlawful purpose.
Use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others privacy rights or rights of publicity, or harvest or collect personally
identifiable information about other users of the Services.
Impersonate any person or entity, including any of our (or our affiliates) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any
statement or posting you make.
- Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services).
- Use the Services to advertise or offer to sell or buy any goods or services without our express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services.
- Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services.
- Remove any copyright, trademark or other proprietary rights notice from the Services or materials originating from the Services.
- Frame or mirror any part of the Services without our express prior written consent.
- Create a database by systematically downloading and storing all or any Services content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the
Services, without our express prior, written consent.
We may terminate your use of the Services for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct (including, without limitation, if you repeatedly engage in
copyright infringement via or in connection with the Services).
- By consenting to the SMS Service, you agree to receive recurring SMS/text messages from and on behalf
of us through your wireless provider to the mobile number you provided, even if your mobile number is registered
on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system
or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates,
account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
- You understand that you do not have to sign up for the SMS service in order to make any purchases, and your consent is not a condition of any purchase with us.
- We do not charge for the SMS Service, but you are responsible for all charges and fees associated with text messaging imposed
by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your
wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from
your wireless provider.
- You may opt-out of the SMS Service at any time. Text the single keyword command STOP in response to an SMS message you
receive from us or to
(855) 481-2336. You'll receive a one-time opt-out confirmation text message. No further messages will be
sent to your mobile device, unless initiated by you. If you have subscribed to other Wacoal mobile message programs and wish
to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following
the instructions provided in their respective mobile terms. For SMS Service support or assistance, text HELP to (855) 481-2336 or email email@example.com
- We may change any short code or telephone number we use to operate the SMS Service at any time and will notify you of these
changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number
we have changed may not be received and we will not be responsible for honoring requests made in such messages.
- The wireless carriers supported by the SMS Service are not liable for delayed or undelivered messages. You agree
to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
- To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any
information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Unsolicited Submissions. Notwithstanding anything to the contrary in this Agreement, we and our Affiliates do not accept, invite or consider unsolicited submissions of ideas, proposals or suggestions ("
Unsolicited Submissions"), whether related to the Services, our Products or otherwise. We do not treat Unsolicited Submissions as confidential, and any Unsolicited Submission will become our sole property. The Wacoal
Entities have no obligations with respect to Unsolicited Submissions and may use them for any purpose whatsoever without compensation to you or any other person.
Monitoring. We may, but have no obligation to: (a) monitor, evaluate or alter Submissions before or after they appear on or through the Services; (b) seek to verify that all rights, consents, releases and
permissions in or relating to such Submission have been obtained by you in accordance with your representations above; (c) refuse, reject or remove any Submission at any time or for any reason (including, without limitation, if
we determine, in our sole discretion, that all rights, consents, releases and permissions have not been obtained by you despite your representations above). You agree to cooperate with us in our verification or inquiries related
offensive or objectionable material(s) on or through the Services (except for material that infringes copyright, which is addressed in Section 23 below), contact us at
with your name and address, a description of the material(s) at issue and the URL or location of such materials.
Third Party Applications. The Services may include third party software applications and services (or links thereto) that are made available by third party providers, such as the ability to share your Product
likes and dislikes on Facebook ("Third Party Applications"). Because we do not control such Third Party Applications, you agree that none of the Wacoal Entities are responsible or liable for any Third Party Applications,
including the performance, accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Applications or their use. We have no obligation to monitor Third Party
Applications, and we may remove or restrict access to any Third Party Applications (in whole or part) from the Services at any time. The availability of Third Party Applications on or through the Services does not imply our
endorsement of, or our affiliation with any provider of, such Third Party Applications. Further, your use of Third Party Applications may be governed by additional terms and conditions that are not set forth in this Agreement or
relationship between you and such providers with respect to Third Party Applications, and nothing in this Agreement shall be deemed to be a representation or warranty by any of the Wacoal Entities with respect to any Third Party
Purchases. If you wish to purchase any products ("Products") made available in connection with the Services (each such purchase, a "Transaction"), you may be asked to supply certain information
relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL
RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of
Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Products. Descriptions and images of, and references to, third-party products or services available in connection with the Services do not imply our endorsement of such third-party products or services. All
descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on of through the Services, are subject to change at any time without notice. We undertake
reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will
accurately display such colors. The inclusion of any Products or services on or through the Services at a particular time does not imply or warrant that these Products or services will be available at any time. It is your
responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Services. By
placing an order, you represent that the Products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product or service; to
honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product
or service. Refunds and exchanges will be subject to our refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect
when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
General. The Services may contain areas where you can post information and materials, including, without limitation, text, images, photographs, graphics, music, videos, audiovisual works, data, files, links,
product reviews and other materials (each, a "Submission"). For purposes of clarity, you retain ownership of any Submissions that you post, subject to the terms and conditions of this Agreement (including the license
License Grant. For each Submission that you post, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through
multiple tiers) license, without additional consideration to you or any third party, to: (i) reproduce, distribute, transmit, communicate to the public, perform and display (publicly or otherwise), edit, modify, adapt,
create derivative works from and otherwise use such Submission, in any format or media now known or hereafter developed, on or in connection with the Services or any of our services or products (including, without
limitation, any websites); (ii) exercise all trademark, publicity and other proprietary rights with regard to such Submission; (iii) use your name, photograph, portrait, picture, voice, likeness and biographical information
in connection with your Submission for advertising or other promotional purposes related to the Services or any of our services or products; and (iv) use your Submission (including the contents thereof) for any advertising
or other promotional purposes related to the Services or any of our services or products. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION 8, PLEASE DO NOT POST ANY SUBMISSIONS ON THE SERVICES.
Disclaimers. It is possible that Services users or visitors will post information or materials on or through the Services that are wrong or misleading or that otherwise violate this Agreement. We, our
affiliates and our and their employees, officers, directors, agents, representatives, licensors, suppliers and service providers (collectively with us, the "Wacoal Entities") do not endorse and are not responsible for
any information or materials made available through the Services or your use of such information or materials. All Submissions will be deemed to be non-confidential and may be used by us (i) on an unrestricted basis and (ii)
without attribution to you or any third party. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any Submissions that may be posted on or through the Services or the amount
of storage space available for Submissions. You hereby acknowledge and agree that (i) you have received good and valuable consideration in exchange for the rights granted by you hereunder in and to any Submission that you
post; and (ii) you are not entitled to any further compensation for any use or other exploitation of such Submission by us or any other party (including, without limitation, the Wacoal Entities).
Representations and Warranties. You hereby represent and warrant that: (i) you have the legal right and authority to enter into this Agreement; (ii) you solely own, or otherwise have the full right and
permission to exploit, all of the rights in, to, and under any Submission that you post and to grant the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise
incorporated or embodied any Submission that you post, you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant the rights and licenses set forth
herein; (iii) you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any Submission that you post, to use such individuals name and likeness for purposes of using
and otherwise exploiting such Submission(s) in the manner contemplated by Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or
permission from such individuals parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request); (iv) any Submission that you post, and the use thereof by us and
our designees (including, without limitation, the Wacoal Entities), do not and shall not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any
third party; (v) any Submission that you post is not confidential and does not contain any confidential information; and (vi) in creating, preparing and posting any Submission, you (A) have complied and will comply in all
respects with all applicable laws, rules (including, without limitation, our Rules of Conduct), and regulations and (B) have not violated and will not violate any understanding by which you are explicitly or implicitly bound
(including without limitation any agreement with any third party). If you do post a Submission that contains the likeness of an identifiable individual, we strongly encourage you not to include any identifying information
(such as the individual's name or address) within such Submission.
Waiver; Further Assurances. To the extent permitted under applicable law, you agree to forever release and discharge each of the Wacoal Entities from, waive and covenant not to initiate, file, maintain, or
proceed upon any suit, claim, demand, or cause of action against each of the Wacoal Entities with respect to, any and all claims, demands, actions, losses, costs, damages, liabilities, judgments, settlements and expenses
(including, without limitation, reasonable attorneys’ fees) that relate in any way to this Agreement and/or the use of any Submission in a manner consistent with the rights granted under this Agreement, including, without
limitation, any claim for idea misappropriation. Additionally, to the extent permitted under applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern "moral rights," "droit
moral" or similar rights in connection with any Submission that you post (and you hereby represent and warrant that you have obtained clear, express written waivers from any applicable third parties with respect to any and
all rights that such third parties may have under such laws in connection with any Submission that you post). At any time upon our request, you shall: (i) take or cause to be taken all such actions as we may reasonably deem
necessary or desirable in order for us to obtain the full benefits of this Agreement and any licenses granted by you hereunder, and (ii) execute a non-electronic hard copy of this Agreement.
No Obligation to Use. For the purpose of clarification, it shall be in our sole discretion whether or not to exercise any right granted to us under this Agreement, and we shall have no
obligation to use or otherwise exploit any Submission.
Round Up Donation Feature.
Accuracy of Information. We attempt to ensure that information that we post on or through the Services is complete, accurate and current. Despite our efforts, the information or through the Services may
occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information or through the Services. For example, Products included or through the Services may
be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated or through the Services. In addition, we may make changes in information about price and availability
without notice. While it is our practice to confirm receipt of orders by email, an email order receipt confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or service. We
reserve the right, without prior notice, to limit the order quantity on any Product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of
Rules for Promotions. Any sweepstakes, contests, raffles, surveys or other promotions (collectively, "Promotions") made available through the Services may be governed by rules that are separate from this
Our Proprietary Rights. The information and materials made available through the Services are and shall remain the property of the Wacoal Entities, and are protected by copyright, trademark, patent, and/or other
proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Services, you may view one (1) copy of any content on the Services to which we
provide you access hereunder on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by us in
writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Services or any materials made available through the
This Feature allows Wacoal customers who are purchasing on www.wacoal-america.com, where the purchase is in USD and the customer is using credit or debit cards for their purchase, to round up the purchase to the next whole dollar and donate the difference between the two (a “Donation”) to the Susan G. Komen Breast Cancer Foundation d/b/a Susan G. Komen (“Komen” or “Susan G. Komen Foundation”), a 501(c)(3) tax-exempt non-profit organization.
Purchases and Donations. If you decide to use the Feature, the Donation amount, calculated by rounding your purchase price up to the next whole dollar, will be displayed to you before you complete your order and as a line item on the Review page where your order summary is displayed prior to purchase. If you use the Feature, your Donation, if successful, will be listed in the itemized receipt shared with you after you successfully complete your transaction. If your underlying purchase on Wacoal results in a chargeback or refund, you will be refunded the underlying purchase amount only.
Non-profit Organizations Supported by the Feature. This Feature currently supports Donations by our customers to the Susan G. Komen Foundation only. Wacoal may decide, in its sole discretion, to add or remove charitable organizations to or from the Feature at any time, for any reason, and without notice to you.
Wacoal is not responsible for, disclaims liability for, and makes no guarantees or representations with respect to, how the Donation will be spent by the Susan G. Komen Foundation, or any potential tax deductions or benefits (if any) that you may or may not receive as a result of any Donation. Donations may not be eligible for tax deductions or other benefits. You are solely responsible for undertaking any required reporting and for claiming any applicable tax benefits. Any questions or claims regarding chargebacks, refunds, disputes, and/or tax deductions with respect to Donations should be directed to the Susan G. Komen Breast Cancer Foundation.
General. By enabling the Feature, you consent and agree to Wacoal and the Susan G. Komen Foundation receiving personally identifiable information about you (including, but not limited to, name, billing address and Donation amounts) in connection with this Feature.
This Feature is optional on a per qualifying purchase basis and you are under no obligation to use it. Wacoal also reserves the right to reject Donations and/or discontinue the Feature at any time and without notice to you. If the Feature is terminated by Wacoal, any Donations made prior to termination will be made to Komen in accordance with these Terms.
Links and Feeds. The Services may provide links to or feeds from other websites and online resources. The Wacoal Entities are not responsible for and do not endorse such external sites or resources. Other sites
may link to the Services with or without our authorization, and we may block any links to or from the Services. YOUR ACCESS TO AND USE OF THIRD PARTY WEBSITES, CONTENT AND RESOURCES IS AT YOUR OWN RISK.
Limitations of Liability and Disclaimers. THE SERVICES AND ALL GOODS, SERVICES, PRODUCTS, CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS
REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND EACH OF THE WACOAL ENTITIES DISCLAIMS ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SERVICES AND ALL GOODS, SERVICES, PRODUCTS,
CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. WE MAKE
NO REPRESENTATION OR WARRANTY THAT THE SERVICES (OR ANY PART THEREOF), OR ANY GOODS, SERVICES, PRODUCTS, CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES IS OR WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR
COMPATIBLE WITH ANY PARTICULAR SOFTWARE OR HARDWARE. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICES OR ANY GOODS, SERVICES, PRODUCTS, CONTENT,
INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES WILL FUNCTION IN ANY MANNER. YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE OR SERVICES (INCLUDING INTERNET
CONNECTIVITY) NEEDED TO USE THE SERVICES AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, EQUIPMENT, DEVICES, SYSTEMS OR SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICES AND ANY GOODS, SERVICES, PRODUCTS, CONTENT,
INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES.
Our trade names, trademarks and service marks include without limitation, WACOAL, B.TEMPT’D, B-SMOOTH, BACK APPEAL, BODY BASE, BODYSUEDE, BRAS OF SUMMER, COMFORT WIRE, EMBRACE LACE, MYBRAFIT, SIZE+SHAPE=YOUR BEST BRA FIT, TOUCH-FREE, ULTIMATE LIFT and WE INVENTED COMFORT and any associated logos as well as 5 POINTS OF FIT (stylized). All trademarks and service marks on the Services not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.
NONE OF THE WACOAL ENTITIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION
WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE WACOAL ENTITIES WILL NOT BE
LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY GOODS, SERVICES, PRODUCTS, CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES BY ANY OF THE WACOAL
ENTITIES OR BY ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF THE WACOAL ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICES.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
While we try to maintain the security of the Services, we do not guarantee that the Services will be secure or that any use of the Services will be uninterrupted. Additionally, third parties may make unauthorized alterations to
the Services. If you become aware of any unauthorized third party alterations to the Services, contact us at
with a description of the material(s) at issue and the URL or location of such materials.
Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless each of the Wacoal Entities from and against all claims, losses, costs and expenses (including
attorneys' fees) arising out of (a) your use of, or activities in connection with, the Services (including all Transactions); (b) any violation of this Agreement by you; (c) any use or other exploitation, or failure or omission
to use or otherwise exploit, any Submission (including any portion thereof) that you post; or (d) any claim that your Submission or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a
third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.
Termination. This Agreement is effective until terminated. We may, in our sole discretion, terminate your access to or use of the Services, at any time and for any reason, including if we believe that you have
violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Services will immediately cease, and you agree that we may immediately deactivate or delete your
password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that any termination of your access to or use of the Services may be
effected without prior notice, though we reserve the right to provide notice prior to termination where such notice may be required by applicable law. You agree that the Wacoal Entities shall not be liable to you or any third
party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 3, 8-11, 16-21,23-25 and 26
shall survive any expiration or termination of this Agreement.
Governing Law; Dispute Resolution. You hereby agree that this Agreement, and any claim or dispute arising under or in connection with this Agreement or your use of the Services, is governed by and shall be
construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in New York
County, NY, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto. You further agree that the United Nations Convention on the International Sale of Goods will not apply to this Agreement.
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to
minors. Information identifying current providers of such protections is available at:
. Please note that we do not endorse any of the products or services listed at these sites.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (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 the Services 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 then-current statutory
requirements imposed by the DMCA. See
for details. Notices and counter-notices should be sent to:
Copyright Counsel, 1 Wacoal Plaza, Lyndhurst, NJ 07071
Tel: (201) 933-8400
We suggest that you consult your legal advisor before filing a notice or counter-notice.
Ability to Enter Into This Agreement. By using the Services, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter
into this Agreement.
Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to
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Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be
unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express
prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any
the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the
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