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These terms and conditions administer the use of the Undercover Mama website. Use of this site denotes that you accept all terms and conditions in full. Any unauthorized use of the content of this site may violate copyright, privacy, trademark and publicity laws and communications regulations and statutes. By using our website, you agree to use it for legal, legitimate purposes and you agree to not use our website to conduct any activity that would constitute a civil or criminal offense or violate any law. We reserve the right to refuse service to anyone, at any time, for any reason.
All material within this site, visual or written, unless otherwise stated, is owned by Undercover Mama and/or its licensors and is assumed copyrighted. All website material herein applies under the intellectual property rights and are reserved. Material may be viewed, downloaded and used for personal use only, per the terms and conditions of this company. Material from the Undercover Mama website is not for republication and may not be sold, rented, reproduced, replicated or otherwise copied for enterprise gain.
Our website may contain typographical errors or inaccuracies. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such inaccuracies or errors or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities. All efforts have been made efforts to ensure the color and design of our products are displayed as accurately as possible on our website.
All purchases through undercovermama.com are subject to product availability. In our sole discretion, we may limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.
All content provided on the Undercover Mama website is for informational purposes only. The owner of this site makes no guarantees of the accuracy of any information on our site or found by following a link on this site. Undercover Mama is not liable for any errors or omissions or availability of its information. Undercover Mama reserves the right to share and/or withhold any and all reviews, both favorable or otherwise. Changes may be made to pages within the Undercover Mama website without notice. By using the Undercover Mama website, you assume all risks associated with viewing and browsing the site. By providing your email and contact information on the Undercover Mama' website, you agree to opt in to marketing communications from Undercover Mama and its (potty training pajamas) sister company, Peejamas, and understand that you can opt out at any time.
The Undercover Mama website may not be used in any manner in which damage to the site or the accessibility of the site, or which is in any way unlawful, fraudulent or illegal. Any use of spyware, Trojan horse, worm or virus of that nature is forbidden. Any automated data harvesting or unsolicited commercial transmissions in relation to the Undercover Mama site is banned. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. Any activity of this nature and of any information within will be prosecuted to the fullest extent of the law.
The Undercover Mama website is provided to the public “as is” without warranty or representations, express or implied. This site does not guarantee to be readily available or that the material within is anything but the Undercover Mama opinions and originality. Undercover Mama also holds no responsibility and will not be liable for any viruses that may infect or damage your computer by viewing, downloading or audio received from the Undercover Mama site. Any information transmitted to the site by a viewer including requests or comments will be nonconfidential and uncompensated.
Undercover Mama is not liable to anyone, for the contents, use or other connections within this site. This site is provided free of charge and we do not accept responsibility for any personal or commercial loss. Any loss of profits, contracts or business agreements is not the liability of Undercover Mama. Any actions contrary to the website resulting in any loss, damages, expenses and liabilities, including and without limitation to legal expenses and any costs incurred to Undercover Mama or a third party in settlement of a claim due to a breach of these terms and conditions shall be indemnified to Undercover Mama. You further accept that as a limited liability company, Undercover Mama limits the personal liability of its employees and executives. Use of this site demonstrates that you agree to never enter a personal claim against a Undercover Mama employee or executive in regard to any loss or dissatisfaction you may incur in connection with the Undercover Mama website.
Usage of this site promotes that you agree that the limitations of liabilities set forth in this website terms and conditions will protect Undercover Mama executives, board members, employees, subsidiaries, successors, assigns, and sub-contractors as well as Undercover Mama.
Per these terms and conditions, Undercover Mama is not responsible for fraudulent misrepresentation, personal injury or death caused by Undercover Mama negligence. By using this website, you concur that the liability set forth in these terms and conditions are reasonable.
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Undercover Mama, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Undercover Mama reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Undercover Mama also reserves the right to change the shortcode or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Undercover Mama, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, CANCEL, or UNSUBSCRIBE to our phone number to cancel. After texting STOP, CANCEL, or UNSUBSCRIBE to our number you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, CANCEL, or UNSUBSCRIBE keyword commands and agree that Undercover Mama and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Undercover Mama through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our number to return customer care contact information.
If you are experiencing any problems, please visit https://undercovermama.com/
This message program is a service of Undercover Mama, located at 10 W. 100 S. #510, Salt Lake City, UT. 84101
In the interest of resolving disputes between you and Undercover Mama in the most expedient and cost-effective manner, you and Undercover Mama agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Undercover Mama or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Undercover Mama or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Undercover Mama ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Notwithstanding subsection 'General' above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Undercover Mama to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Undercover Mama will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Undercover Mama. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
If you or Undercover Mama intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Undercover Mama address for Notice is: [BRAND ADDRESS] Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Undercover Mama will make good faith efforts to resolve the claim directly, but if you and Undercover Mama do not reach an agreement to do so within 30 days after the Notice is received, you or Undercover Mama may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Undercover Mama must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If you commence arbitration in accordance with these Messaging Terms, Undercover Mama will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Undercover Mama for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Undercover Mama agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Undercover Mama made within 14 days of the arbitrator's ruling on the merits.
No Class Actions
YOU AND Undercover Mama AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Undercover Mama agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision
Notwithstanding anything to the contrary in these Messaging Terms, if Undercover Mama makes any future change to this arbitration provision, other than a change to Undercover Mama address for Notice, you may reject the change by sending us written notice within 30 days of the change to Undercover Mama address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Undercover Mama.
If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection 'Modifications to this Arbitration Provision' above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at email@example.com.
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