Privacy Policy for b.tempt'd by Wacoal

LAST UPDATED: May 2021

PRIVACY POLICY

Wacoal Direct Corp. (“Wacoal Direct”) and Wacoal America, Inc. (“Wacoal America”) are concerned about privacy issues and want you to be familiar with how we collect, use and disclose information. This Privacy Policy describes Wacoal Direct’s and Wacoal America’s practices in connection with information that (1) Wacoal Direct collects through the website that it owns and operates from which you are accessing this Privacy Policy (the “Website”), and (2) Wacoal America collects through the mobile application that it owns and operates from which you are accessing this Privacy Policy (the “Sizing App”) and/or through the retail stores that it operates (“Company Stores”; the Sizing App and the Company Stores collectively, the “Wacoal America Services”). By providing Personal Information to us, you agree to the terms and conditions of this Privacy Policy. When this Privacy Policy refers to “we,” “us” or “our,” it is referring to either Wacoal Direct or Wacoal America, depending on whether it is referring to the Website or Wacoal America Services. When we refer to “Services” we mean either the Website or the Sizing App.

This Privacy Policy does not apply to information that you may provide to us, or that we may obtain, other than through our Services or the Company Stores. In addition, to the extent that you submit any Personal Information to any third party (for example, via a third-party software application or service that is included in the Services, such as Facebook or our e-gift card provider), the third party's collection, use and disclosure of such information may be governed by its privacy policy, and not by our Privacy Policy.

PERSONAL INFORMATION

What Categories of Personal Information Do We Collect?

We may collect Personal Information when you visit or use our Services.

"Personal Information" is information that can be reasonably linked to an identifiable individual, such as:

Name
Postal address (including billing and shipping addresses)
Telephone number
Email address
Credit and/or debit card number
Information about your purchases
Other information, such as your size and your interests, when you voluntarily provide this information to us
Digital photos and information regarding your physical characteristics such as height, weight and measurements (collectively “measurements”) that you voluntarily submit through the Sizing App

Categories of Personal Information we collect may include:

identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers;
signature, physical characteristics or description, telephone number, state identification card number, credit card number or debit card number;
products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with an Internet website, application, or advertisement;
geolocation data;
audio, electronic or similar information; or
inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

How do we collect Personal Information from you?

We collect Personal information through the Services when you participate in various opportunities provided through the Services or at a Company Store, for example:

When you make a purchase through the Services or at a Company Store,
When you contact us through the Services,
When you sign up for our communications,
When you submit digital photos through our Sizing App, and
When you participate in a contest, promotion, sweepstakes, survey or other promotion through the Services or at a Company Store.

How do we use your Personal Information?

We may use Personal Information:

to respond to your inquiries and fulfill your requests, such as to respond to your questions or to provide sizing advice.
to complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
to allow you to purchase items in your shopping cart that may be from this Service or from one of our other websites.
to allow you to purchase items at our Company Stores.
to send you important information regarding the Services, changes to our terms, conditions, and policies and/or other administrative information, including communications regarding your orders.
to tell you about products, programs, services and promotions that we believe may be of interest to you.
to personalize your experience on the Services or Company Stores by presenting products and offers tailored to you.
to allow you to send messages to a friend through the Services. By using this functionality, you are telling us that you are entitled to use and provide us with your friend's name and email address. We will not use your friend's Personal Information for any other purpose other than to allow the email to be sent, unless your friend consents.
to allow you to participate in sweepstakes, contests, surveys and similar promotions (collectively, "Promotions") and to administer these Promotions. Some Promotions have additional rules, which could contain additional information about how we use your Personal Information, so we suggest that you read these rules carefully.
for our internal business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.
as we believe to be necessary or appropriate (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions (including to collect money owed to us); (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

We may also aggregate Personal Information so that the aggregated information does not personally identify you or any other user of the Services, such as by using Personal Information to calculate the percentage of our users who have a particular telephone area code.

In some instances, we may combine Personal Information with information that cannot, by itself, be reasonably linked to you. If we combine any Personal Information with other information, we will treat the combined information as Personal Information as long as it is combined.

How Is Personal Information Disclosed?

Your Personal Information may be disclosed:

to our affiliates so that they can use the Personal Information for the purposes described in this Privacy Policy. Each affiliate is jointly responsible for the management of the jointly-used Personal Information.
to our third-party service providers who provide services such as digital photo analysis for providing sizing advice, website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services and other similar services so that they can provide services.
by you, on message boards, chat functionality, profile pages, review pages and blogs and other services to which you are able to post information and materials (such as reviews of our products). Please note that any information you post or disclose through these services will become public information, and may be available to visitors to or users of the Services and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on or through the Services. In particular, we ask that you not disclose any sensitive Personal Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Services.
to third-party sponsors of Promotions. Again, remember that the rules of a Promotion could allow us to disclose your Personal Information in other ways. Read any Promotion rules carefully.
to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
as we believe to be necessary or appropriate (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions (including to collect money owed to us); (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

We have not sold and will not sell your Personal Information.

We may disclose Personal Information in the following categories for a business purpose:

identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers;
signature, images, physical characteristics or description, telephone number, state identification card number, credit card number or debit card number;
products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with an Internet website, application, or advertisement;
geolocation data;
audio, electronic or similar information; or
inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

INFORMATION COLLECTED AUTOMATICALLY

When you visit the Site, we collect certain information automatically, including:

Through your browser: We and our third party service providers may collect certain information that is collected by most browsers, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version and Internet browser type and version.
Using cookies: We and our third party service providers may use "cookies" on the Services. Cookies allow a web server to transfer data to a computer for recordkeeping and other purposes. We use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to and use of the Services. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. Please be aware that if you choose to decline the use of cookies, all of the features, functionality and promotions available on and through the Services may not be available to you.
Using pixel tags and other technologies: We and our third party service providers may also use pixel tags, web beacons, clear GIFs or similar means in connection with some Services and HTML-formatted email messages to, among other things, track the actions of users of the Services and email recipients, measure the success of our marketing campaigns and compile statistics about Services usage and response rates.

IP ADDRESSES

What is an IP Address?

Your "IP Address" is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP).

How do we collect IP Addresses?

An IP Address is identified and logged automatically in our server log files whenever a user visits or use the Services, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many web sites.

How do we use and disclose IP Addresses?

We may use IP addresses for purposes such as calculating Services usage levels, helping diagnose server problems, customizing Services content and Promotions, directing you to appropriate areas of the Services and assisting you in finding physical stores near you, tracking and analyzing user behavior on the Services, and administering the Services. We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Non-Personal Information, except where we are required to do otherwise under applicable law.

SIZING APP

Our Sizing App may transmit your digital photos and measurements to a third-party sizing provider together with an anonymous identification number solely for the purpose of analyzing the photos to extract your body measurements to provide sizing advice. We will not provide any Personal Information to our sizing provider aside from the digital photos and measurements to the extent they might be used to personally identify you. We will contractually obligate any sizing provider to delete the digital photos promptly after they have processed the photos and transmitted the corresponding output to us, and in no event later than four weeks after such processing has occurred. We will also require our sizing provider to correct, change, update, suppress, delete or otherwise limit their use of your Personal Information the same way we are obligated to do so in the section “How can you access your Personal Information?” below.

THIRD PARTY SITES

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site to which the Services contain a link. The inclusion of a link on the Services does not imply endorsement of the linked site by us or by our affiliates.

THIRD PARTY ADVERTISERS

We may use third-party advertising companies to serve ads when you visit or use our Services. These companies may use information about your visit to or use of the Services in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the Services, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit this site.

TARGETED ADVERTISING

We use our own cookies in coordination with service providers to help determine which of our ads are shown to you on other websites. If you do not wish us to set cookies on your browser, you may block cookies by adjusting your browser settings. Please be aware that if you choose to decline the use of cookies, all of the features, functionality and promotions available on and through the Services may not be available to you. We may also work with third-party companies that use their tracking technologies (including cookies and pixel tags) on our websites in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our Services and third-party sites and your interaction with our advertising and other communications and use this information to determine which ads you see on third-party websites and applications. For information about how to opt out of receiving behavioral advertisements from our advertising partners, here or click here.

DO NOT TRACK SIGNALS

We do not respond to “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services.

SECURITY

Your Personal Information will be maintained on our servers or the servers of our service providers and will be accessible by our authorized employees, representatives and service providers who require access in connection with their job responsibilities. We implement and maintain reasonable organizational, technical and administrative security procedures and practices that are appropriate to the nature of the Personal Information we collect. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through email. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below.

CHOICES AND ACCESS

What are your choices regarding our use of your Personal Information?

If you no longer want to receive marketing-related emails from us and our affiliates on a going-forward basis, you may opt-out of receiving these marketing-related emails by either:

following the unsubscribe instructions located at the bottom of any such email that you receive; or
updating your user preferences in the "My Account" section of our website

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages, including communications regarding your orders, and you cannot opt-out from receiving administrative messages.

How can you access your Personal Information?

If you would like to review, correct, change, update, suppress or otherwise limit our use of your Personal Information that has been previously provided to us, you may do so by updating your user preferences in the “My Account” section of our website or by calling us at 1-800-WACOAL-0 (922-6250). For your protection, we may need to verify your identity before implementing your request by asking you to reconfirm information we have already collected to be sure that the request is authorized.

In your request, please make clear what information you would like to access or have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. We will try to comply with your request as soon as reasonably practicable, subject to applicable laws. However, please be aware that we and our third-party providers may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain in our databases and other records.

RETENTION PERIOD

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.

USE OF SITE BY CHILDREN

The Services are not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Services. Our Sizing App is not intended for use by individuals under the age of eighteen (18), and we request that these individuals do not use the Sizing App.

CROSS-BORDER TRANSFER

By using the Services and submitting any Personal Information, you agree to the transfer of Personal Information to our service providers (including affiliates acting in this capacity) in other countries, such as the United States, which may provide a different level of data security than your country of residence.

UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy. Please take a look at the "Last Updated" legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.

CONTACTING US

If you have any questions about this Privacy Policy, please contact us by email at corporateinquiries@wacoal-america.com , or please write to the following address:

Customer Service
1 Wacoal Plaza
Lyndhurst, NJ 07071

CALIFORNIA CONSUMER PRIVACY ACT

Under the California Consumer Privacy Act (the “CCPA”), residents of California who use our Services have certain rights, including:

The right to request that we disclose to you:

the categories of Personal Information we have collected about you;
the categories of sources from which the Personal Information is collected;
the business or commercial purpose for collecting or selling Personal Information;
the categories of third parties with whom we share Personal Information;
the specific pieces of Personal Information we have collected about you;
the categories of Personal Information about you that we have sold during the preceding 12 months*;
the categories of third parties to whom your Personal Information was sold, by category or categories of Personal Information for each third party to whom your Personal Information was sold*; and
the categories of Personal Information we have disclosed about you for a business purpose during the preceding 12 months

*Although you have the right to request this information, we do not sell your Personal Information.

The right not to be discriminated against because you exercise any of your rights under the CCPA, including, but not limited to, by:

denying you goods or services;
charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
providing you with a different level or quality of goods or services; or
suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

The right to request the deletion of your Personal Information.
If you would like to make a request under the CCPA, please click here or call the toll-free number provided in the section above entitled “How can you access your Personal Information?”

LAST UPDATED: May 2021

Terms of Use

Please read this Terms of Use agreement (this "Agreement") carefully. 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), 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 change.
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 such changes.
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.
Information You Submit. Your submission of information through the Services is governed by our Privacy Policy, which is located at (the " Privacy Policy "). 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”). These photos are deleted promptly, and in no event later than four weeks after they’ve been processed. For more information, please see the “Sizing App” . section of our Privacy Policy. If you are unable to use the Sizing App for any reason, 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 call, e-mail or chat with us to schedule a virtual fitting.
Rules of Conduct.

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).

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.
Submissions.

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 grant herein).
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 7, 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 individuals 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.

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 to the foregoing. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose, and in accordance with our Privacy Policy. If you become aware of any unlawful, offensive or objectionable material(s) on or through the Services (except for material that infringes copyright, which is addressed in Section 22 below), contact us at corporateinquiries@wacoal-america.com 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 our Privacy Policy (for example, terms and conditions and privacy policies that are made available by the providers of such Third Party Applications in connection with such applications). This Agreement does not create any legal 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 Application.
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.
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 any order.
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 Agreement. 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 this Agreement, the Promotion rules will govern.
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 Services.
Our trade names, trademarks and service marks include without limitation, WACOAL, B.TEMPTD, BRAS OF SUMMER, SUPPORT THE GIRLS, HOPE ON A HANGER, iBRA, B-SMOOTH, BODY SUEDE, CUSTOM CONTOURS, SLIMLINE, WACOAL LUXE and NO PEEK, and any associated logos. 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.
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.

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 corporateinquiries@wacoal-america.com 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, 7-10, 15-20, 22-24 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: http://getnetwise.org/ and http://onguardonline.gov/ . 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 http://www.copyright.gov for details. Notices and counter-notices should be sent to:

Copyright Counsel, 1 Wacoal Plaza, Lyndhurst, NJ 07071
Email: Copyright Counsel, 1 Wacoal Plaza, Lyndhurst, NJ 07071
Email: legal@wacoal-america.com
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 corporateinquiries@wacoal-america.com . E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us.
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 additional terms that we post on or through the Services (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to 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 Services, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.