TERMS OF SERVICE Last updated september 6, 2016

TERMS OF SERVICE

LAST UPDATED JANUARY 13, 2017

THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT” OR “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND BANDIT RETAIL, INC. (“WE”, “BANDIT”, “BANDIT RETAIL”, THE “COMPANY”), THE OWNER AND OPERATOR OF THE WWW.THEBANDITSHOP.COM WEBSITE (THE “SITE”) AND THE RELATED BANDIT RETAIL MOBILE APPLICATIONS (“APPLICATIONS”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND APPLICATION OF ALL SERVICES, FEATURES, GIFT CARDS, DiscountS AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE AND/OR APPLICATIONS (COLLECTIVELY, WITH THE SITE AND APPLICATIONS, THE “SERVICES”), AND YOUR PURCHASE OF THE MEMBERSHIPS AND PRODUCTS SOLD THROUGH OUR SERVICES. BY ACCESSING AND USING ANY OF THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, BANDIT RETAIL.

By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless Bandit Retail if your child breaches or disaffirms any term or condition of this Agreement.

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.

1 – CHANGES TO SERVICES; PERSONAL INFORMATION/PRIVACY

1.1 – Changes to the Services

Bandit Retail may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.

1.2 – Personal Information

Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Memberships (both as defined below in Section 3.1). Bandit Retail reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Bandit Retail uses a third party payment processing service to process orders and bill fees to your Discount, debit, or other Company accepted payment method (“Payment Method”).

1.3 – Privacy

By using any Services and/or purchasing a Membership you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in detail in our Privacy Policy (available for your review at http://www.thebanditshop.com/privacy-policy). Irrespective of which country you reside in or supply information from, you authorize Bandit Retail to use your information in the United States and any other country where Bandit Retail operates as described herein. Accordingly, please read our Privacy Policy before using the Services or submitting information to us. If you have any questions regarding our privacy practices, please email us at: support@thebanditshop.com

2 – PASSWORDS; USER LICENSE; LIVE CHAT

2.1 – Passwords

You may log in to the Site and Applications by using your login credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Twitter, Facebook and Google (“Third Party Site Login Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this Site to be shared with your contacts in your third party Site account (as further detailed in our Privacy Policy, at http://www.thebanditshop.com/privacy-policy). Notwithstanding the foregoing, you agree that your use of any third party website through which you log in to our Site and Applications using your Third Party Site Login Credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies.

You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Bandit Retail if there is any unauthorized use of your password or if you know of any other breach of security in relation to the Services.

2.2 – User License

Subject to your compliance with this Agreement, Bandit Retail hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Services and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the Services (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Services and Content automatically terminates without notice to you.

You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of Bandit Retail or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Services or with any other person’s use of the Services; (d) track or seek to trace any information on any other person who visits the Site or Applications, or uses our Services; (e) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site, Applications, Services, or Content.

2.3 – Live Chat

Bandit Retail offers to its Members the ability to enter into an instant messaging session (“Live Chat”) with a Bandit Retail Customer Services Agent (“CSA”). In order to maintain a high standard of service and provide a safe environment for its CSAs, Bandit Retail reserves the right to refuse, discontinue, and/or block you from Live Chat for acts we consider to be inappropriate, such as unreasonable demands, misrepresentations, personally threatening or offensive language, and/or erratic behavior or acts that violate the Terms of Service. If you do not agree to the Terms of Service, including these provisions relating to the Live Chat, please do not use the Chat Session service.

Due to account security restrictions CSAs are not able and will not fulfill certain types of requests. If your request requires making a payment OR canceling your service, please log onto your account or email Customer Service at support@thebanditshop.com to complete such transactions. CSAs may request your account login user name, email address, or other personally identifiable information in order ensure the identity and security of the chat. CSAs are NOT supposed to ask you for your password or Payment Method information to confirm your account. If a CSA asks for your password or payment information, please immediately discontinue the Chat session and email Bandit Retail at: support@thebanditshop.com

3 – TERMS OF SALE

3.1 - Sales of Products and Memberships to End Users Only

Bandit Retail sells intimate apparel and other products (the “Product(s)”) to end-user customers who purchase subscription memberships to receive the Products (“Membership(s)” or “Subscriptions”) only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.

3.2 - Pricing

Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on Bandit Retail’s then-current pricing page located on the Site at: http://www.thebanditshop.com/faq. The price that we will charge you for the Products and Memberships will be the price as posted on the Site on the date you first sign-up for a Membership to the Site. Bandit Retail reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases. 

 

 

3.3 –Promotional Trials 

Bandit Retail reserves the right, in its absolute discretion, to create, withdraw or modify any trial offerings or promotions at any time without prior notice and with no liability. Bandit Retail reserves the right, in its absolute discretion, to determine your trial eligibility.

 

3.4 – Refunds

If you are dissatisfied with one of our Products for any reason, Bandit Retail will refund the amount paid for your most recent Product delivery upon your return of Products with original tags attached and in their original condition. Refund requests must be made directly to Bandit Retail at support@thebanditshop.com or by logging into your account and canceling your membership. All refund requests must be made within thirty (30) days of the date of shipment Bandit Retail is not liable for Products that are damaged or lost in transit to Bandit Retail. Promptly following Bandit Retail’s receipt of your undamaged product (typically within seven (7) business days), Bandit Retail will Discount the amount paid for the returned Product to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, Bandit Retail does not control when a specific Discount card or payment method company processes a chargeback transaction. You are responsible for contacting your Discount card or payment method company if you have questions about the status of the chargeback.

Bandit Retail will not provide a refund for a request that is received by Bandit Retail more third (30) days after the date of shipment. Bandit Retail also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

3.5 – Payment Methods; Automatic Membership Renewals and Membership Cancellation Policy

At this time, we only accept major Discount and debit cards via our payment processing system, Stripe. We do not accept any other forms of payment. You agree to pay all fees charged to your account based on Bandit Retail’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Membership. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership, and you authorize Bandit Retail or the third party payment processing service provider that we engage to charge your Payment Method for any such taxes and fees. All payments shall be made by your selected Payment Method in advance prior to shipping the Products. If you do not pay on time or if your Payment Method cannot be charged for any reason, Bandit Retail reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service. All sales and payments will be in US dollars.

Bandit Retail and Bandit Retail's third party payment service provider may receive updated Payment Method information from your Discount card or payment method issuer. The disbursement of the updated Payment Method information is provided to Bandit Retail and Bandit Retail's third party payment service provider at the election of your Discount card and payment method issuer. Neither Bandit Retail nor Bandit Retail's third party payment service provider is responsible for the distribution of your Discount card or payment method information. It is at the sole election of your Discount card or payment method issuer. Your Discount card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your Discount card or payment method issuer with regards to your right to opt out of the update service.

IMPORTANT NOTICE TO CONSUMER:

SUBSCRIPTION MEMBERSHIP FEES WILL BE CHARGED TO YOUR CARD ON FILE UPON SELECTION OF PRODUCT FOR EACH SHIPMENT DATE. Bandit Retail will automatically renew your Subscription on each anniversary date of the Membership (depending on the subscription selections you make).  We will charge your Payment Method with the applicable Subscription fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership fee payments upon selection of product for each Shipment. Subscription renewal period depends on subscription level selected as shown at http://www.thebanditshop.com/join.

MEMBERSHIP CANCELLATION. You may cancel your Membership at any time by logging on to your account page within thebanditshop.com. To cancel a membership, please log in to your account on the Site and select the “Subscriptions" from the account menu, click “Cancel My Account” and then follow instructions towards cancellation. Cancellation requests submitted in this manner (via your account page on the thebanditshop.com website) must be received at least two (2) business days prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received after that shall take effect in up to seven (7) business days. Cancellation requests received by Bandit Retail through other channels may take up to seven (7) days to process. To receive a refund you must submit your cancellation request within the 30 day time frame and the refund will be processed upon confirmed receipt of items in our fulfillment center.  If you have any problems, please email support@thebanditshop.com.

In the event that you cancel a subscription prior to receiving all of the shipments within the annual membership cycle, you may be charged a fee for the difference in subscription levels. E.g., A Member who subscribes to the Professional membership level, which includes two shipments per year every six months, and cancels after the first shipment but before the second shipment will be charged at the Basic Bandit level.

SUBSCRIPTION UPGRADES AND DOWNGRADES. You may upgrade or downgrade your subscription at any time by logging into your account and selecting “Upgrade/Downgrade.”  Upgrades will not have an effect on past purchases. Downgrades may cause a fee to be charged to your account for any difference in subscription levels. Upgrade charges will be adjusted going forward, based on the shipping cycle of your subscription.

3.6 – Shipping and Product Acceptance

Upgrading or Downgrading your subscription, will start a brand new shipping cycle, based on the date of your new subscription membership. Shipping dates are estimates only. All shipments are sent via US Postal Service, UPS, FED Ex, or as determined by location of delivery address and our fulfillment center. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.

4 – USE OF SITE, AND OTHER SERVICES

4.1 – User Information:

Services and features, such as Retails, mobile gifting, feedback, account management, and interaction with social media sites, may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including Payment Method information), Retail Discounts information, GPS location information, and information for and from third-party social-media accounts (collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the Applications, Site, or other Services, User consents to the transmission of User Information to Bandit Retail, including its agents and third-party partners, and consents to Bandit Retail, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in one or more of the Bandit Retail Privacy Policies identified in this Agreement.

Unless attributable to Bandit Retail's negligence or misconduct, users are also responsible for all payments and losses resulting from transactions and activities undertaken using Retail Discounts registered in their names and agree to immediately notify Bandit Retail of any suspected unauthorized transactions associated with the Services or any other breach of security.

4.2 – Prohibited Uses:

Users are prohibited from using the Site, or Services in any way that:

  1. Harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights);
  2. is unlawful, fraudulent, or deceptive;
  3. Uses technology or other means to access unauthorized content or non-public spaces;
  4. Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public data;
  5. Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. Attempts to damage, disable, overburden, or impair Bandit Retail servers or networks;
  7. Attempts to gain unauthorized access to a Bandit Retail computer network;
  8. Attempts to gain unauthorized access to Bandit Retail’ user accounts;
  9. Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  10. Violates these Terms in any manner; or
  11. Fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).

Bandit Retail reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Applications or other Services, including any Retail Discounts, that Bandit Retail reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

4.3 – User-Generated Content:

The User may generate content, written or otherwise, while using the Services (“User-Generated Content”). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by Bandit Retail (for example, in product marketing campaigns). User grants Bandit Retail and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.

4.4 – Indemnification:

User agrees to indemnify and hold harmless Bandit Retail, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Bandit Retail Parties") from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) arising from or related to the User's misuse of the Services or Products, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. Bandit Retail reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. This provision does not require you to indemnify any Bandit Retail Party for any unconscionable commercial practice by such party, or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact.

4.5 – No Warranties:

THE SITE, APPLICATIONS, OTHER SERVICES AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. BANDIT RETAIL, ON BEHALF OF ITSELF AND THE OTHER BANDIT RETAIL PARTIES: (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPLICATIONS, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE, APPLICATION OR SERVICES WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPLICATIONS, CONTENT, OR SERVICES WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS REGARDING THE USE OF THE SITE, APPLICATION, SERVICES OR CONTENT IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, APPLICATIONS, SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN DISCRETION AND RISK.

THIS LIMITATION OF WARRANTIES IS A PART OF THE BARGAIN BETWEEN YOU AND BANDIT RETAIL. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BANDIT RETAIL OR ANY PERSON ON BEHALF OF BANDIT RETAIL SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.

NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THE BANDIT RETAIL PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

4.6 – No Liability:

IN NO EVENT SHALL THE BANDIT RETAIL PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ECONOMIC DAMAGES ARISING FROM THE USE OF THE APPLICATIONS, SITE, OTHER SERVICES OR CONTENT, THE INABILITY TO USE THE APPLICATIONS, SITE OR OTHER SERVICES OR CONTENT, OR DEVICE FAILURE OR MALFUNCTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER ECONOMIC DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, OR LOST PROFITS, EVEN IF A BANDIT RETAIL PARTY HAS BEEN’ ADVISED OF THE POSSIBILITY OF SUCH ECONOMIC DAMAGES.

IF, NOTWITHSTANDING THE FOREGOING, A BANDIT RETAIL PARTY IS FOUND TO BE LIABLE FOR ANY ECONOMIC DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, APPLICATIONS OR OTHER SERVICES, THE RELEVANT BANDIT RETAIL PARTY’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID BANDIT RETAIL FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE; OR (B) THE SUM OF ONE HUNDRED DOLLARS (US $100). THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE APPLICATION, SITE, OTHER SERVICES OR CONTENT AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD.

THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE LIMITATION ON RECOVERY OF ECONOMIC DAMAGE OR LASS, SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY. 

4.7 – Intellectual Property:

Bandit Retail, BANDIT RETAIL, the Bandit Retail logo, and other Bandit Retail trademarks, service marks, graphics and logos used in connection with the Applications and other Services are trademarks or registered trademarks of Bandit Retail or other companies of Bandit Retail (collectively “Bandit Retail Marks”). Other trademarks, service marks, graphics and logos used in connection with the Applications and other Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The Bandit Retail Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Bandit Retail or the applicable trademark holder. The Applications and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Bandit Retail or the owner of the Content.

4.8 – Severability:

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Bandit Retail to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.

4.9 – Modification of this Agreement:

Subject to Section 10.1(x) of this Agreement, Bandit Retail reserves the right to change or modify this Agreement or any other Bandit Retail terms, conditions, or policies related to use of the Applications or other Services at any time and at its sole discretion by posting revisions on the Site (http://www.thebanditshop.com) or within the Applications. Continued use of the Applications, Site, or other Services following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of Bandit Retail shall have any legal effect as a waiver by Bandit Retail of any Terms of this Agreement.

4.10 – Third-Party Beneficiary:

User agrees that Bandit Retail’s service providers, licensors, or others involved in creating or providing the Applications or other Services are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.

 

5 – REFERRALS:

These are the Terms and Conditions applicable to the Bandit Referral Program (the “Program”). Under the Program, Bandit offers its Members the opportunity to provide their friends, family, or other individuals (“Prospective Members”) with a unique referral ID link (“Personal Link”) that a Prospective Member can use to sign up for Bandit services (“Membership”). For each Qualified Referral (defined below) generated through the Member’s Personal Link, the Member may receive a discount (“Discount”) as specified on the Company’s Referral Program page. We reserve the right to terminate this Program at any time for any reason.

Members and Prospective Members that wish to take part in the Program are bound by these Terms. If you do not agree to and abide by these Terms in their entirety you are not authorized to participate in the Program. Members and Prospective Members may not participate in the Program where doing so would be prohibited by any applicable law or regulations. We reserve the right to modify or amend at any time these Terms and the methods through which any Discounts may be earned. We reserve the right to disqualify any Member or Prospective Member at any time from participation in the Program.

Children: No part of the Program is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.

 

5.1 – PRIVACY

Prospective Members that wish to use a Member’s Personal Link must submit personal information about themselves, such as name and e-mail address information, so that the Company can track the Member’s Personal Link to their account and prescribe them the Discount. The personal information will be collected, processed and used in accordance with the Company's Privacy Policy, which can be found at http://www.thebanditshop.com/privacy-policy. In addition, personal information provided by the Prospective Member may be used by the Company or its service provider, on Company's behalf, to contact Members and/or Prospective Members in regard to their participation in the Program and to receive e-mail communications from Company about its Products and Services. The Company may send out additional follow-up communications to either the Member or Prospective Member to encourage or remind them to refer more Prospective Members or to complete the registration process. By participating in the Program, Members consent to receiving such communications by email.

 

5.2 – HOW THE PROGRAM WORKS:

a. Program Participation

Generally: To participate, a Member shall provide the Prospective Member with the Member’s Personal Link. The Prospective Member must click on the Personal Link and complete the sign up in the same session. If the Prospective Member does not complete the sign up in the same session, the Member will be not be Discounted for that referral and will not be eligible for the Discount, even if the Prospective Member subsequently signs up for a Membership. For purposes of clarification, completion of sign-up in the same session means clicking the Personal Link provided by Member and completing Bandit service sign-up within a reasonable period of time and without the Prospective Member closing their Internet browser or pressing the back button.

b.Eligible Member

To be eligible for Program and to receive Discounts, a Member must:

                i. Be a legal resident of the United States;

                ii. Be at least 18 years old;

                iii. Have provided the Prospective Customer with their correct unique Personal Link;                       and

                iv. Have a Membership account in good standing with Bandit.

                v. Employees of Bandit, its service providers or any of its or their subsidiaries, affili                           ates or promotional agencies, including immediate family and household members, are               not eligible.

 

c. Making a Referral

i. Members can refer Prospective Members by giving their Personal Link to the Prospective Member. Once a Prospective Member uses a Member’s Personal Link and successfully completes the signup process for the Bandit services, the Member may receive a communication from the Company confirming that the Prospective Member has signed up. The confirmation communication to the Member shall include some of the Prospective Member’s personal information provided to Company such as name and email address. A Member’s failure to receive such a confirmation communication means that the Prospective Member failed to complete the signup process (during the same session, or at all) and no Discount will have been earned. The Member and/or the Prospective Member may email Company any comments or questions in regard to a failed referral, but whether to award Member the Discount shall be at Bandit's sole discretion. Prospective Members must satisfy the requirements of these Terms and Conditions and consent to receiving communications from Bandit. Members may not refer themselves.

ii. For purposes of emphasis and clarification, by using a Personal Link, a Prospective Member acknowledges and affirms his/her understanding that some of his/her personal information, including but not limited to his/her name and email address, may be sent to the Member who provided the Personal Link as confirmation of the Prospective Member’s successful referral and sign-up with Bandit. Accordingly, Bandit strongly advises that Prospective Members only use a Personal Link they receive from someone whom they personally know and trust. For their own security, Prospective Members should not use a Personal Link if they receive it from an unknown, untrusted, or public source, such as an Internet forum.

d. Qualified Referrals

A Qualified Referral means that all the following conditions are met:

i. The Prospective Member completed the registration process for a Membership using the Member’s Personal Link. If a Prospective Member registers for a Membership using any other link or method, the registration will not count as a Qualified Referral and the Member will not be rewarded a Discount;

ii. The Prospective Member was not previously registered with the Service under any other email address or alias; and

iv. The Prospective Member is a) at least 18 years old; b) meets the eligibility requirements to become a Member of Bandit's services; and c) has consented to receiving communications from Bandit.

e. Earning Discounts Member shall receive a single Discount for each verified Qualified Referral generated through the Member’s Personal Link. The actual Discount will be determined by Bandit in its sole discretion as specified on its Discounts Page. If the Discount consists of Discount, such Discount may only be applied in the amount specified by Bandit towards the Member’s purchase of future services from DSC. A Member may attain an unlimited number of Qualified Referrals, but any Qualified Referral shall be subject to review at any time by Bandit and it is in the sole discretion of Bandit as to the legitimacy and validity of such Qualified Referral.

f. Verified Qualified Referrals All Discounts are subject to verification. Bandit may delay a Discount for the purposes of investigation. Bandit may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, or in violation of these Terms and Conditions, or Bandit believes will impose potential liability on Bandit beyond what is reasonable for this Referral Program, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. Bandit may cancel, amend or revoke the Discount at any time due to business considerations of circumstances beyond Bandit's control. Bandit is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. All of Bandit's decisions are final and binding, including decisions as to whether a Qualified Referral or Discount is verified.

g. Value of Discount Discounts have absolutely no monetary value and may not, under any circumstances, be redeemed for cash or any cash equivalent including but not limited to gift cards, certificates, or refunds. Bandit may cancel, amend or revoke the Discount at any time for any reason.

h. Transfer of Discounts Discounts are personal to the Member and are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Member’s account for any reason, any unredeemed Discounts (including without limitation any unapplied Discounts) accumulated by the Member are forfeited.

 

5.3 – ADDITIONAL PROGRAM CONDITIONS:

By participating in the Program, both Members and Prospective Members agree:

a. To be bound by these Terms and Conditions, the decisions of Bandit and its designees (including the any possible service providers), and the Privacy Policy of Bandit;

b.To receive communications from Bandit from time to time.

c. That Bandit shall not be liable for late, lost, delayed, stolen, misdirected, incomplete, inaccurate, unreliable, garbled or unintelligible registrations, links, communications or affidavits, regardless of the method of transmission;

i. Data corruption, theft, destruction, unauthorized access to or alteration of account information or other materials;

ii. Any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Discount, or from participation in the Program, that were not reasonably foreseeable to Bandit at the relevant time;

iii. Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or

iv. Claims and demands made, and damages sought in disputes between users of the Program.

 

5.4 – DISCLAIMERS:

a. The Bandit disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Bandit's control, corrupt the administration, security or proper play of the Program.

b. The Bandit shall not be liable to any Member for failure to supply any Discount or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties' control.

c. The Bandit reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

 

5.5 – CONDUCT:

  1. Prohibited Conduct, Generally.

Members agree not to use the Program to:

i. Violate applicable law;

ii. Stalk, harass, or harm another individual;

iii. Collect or store personal data about other Members;

iv. Impersonate any person or otherwise misrepresent Member's identity;

v. Interfere with, disrupt or violate the Terms and Conditions or servers or networks                      connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;

vi. Interfere with another Member's use of the Program;

vii. Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;

viii. Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;

ix. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;

x. Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others;

xi. Submit personal information relating to third parties to the Program without the consent of those third parties.

b. Bulk Distribution ("Spam").

i. If a Member provides a Personal Link to a Prospective Member by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By using a Member’s Personal Link, the Prospective Member represents that he/she has given consent to Bandit to send Member his/her personal information such as full name and email address.

ii. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in the Bandit's sole discretion is expressly prohibited and may be grounds for immediate termination of the Member’s account and deactivation of the Personal Link. We have a zero-tolerance spam policy.

iii. The Bandit has no obligation to monitor the content provided by Members; however, Bandit may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

c. Fraudulent and Suspicious Behavior

i. Bandit may prohibit a Member from participating in the Program or receiving a Discount, in their sole discretion, if they determine such Member, either directly or indirectly is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices that would in any way annoy, abuse, threaten or harass any other users or representatives of Bandit.

ii. Use of any automated system, script, or macro to participate in the Program or generate Qualified Referrals is strictly prohibited and will result in the responsible Member’s disqualification from the Program.

iii. Members may not enter with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Discount.

iv. Bandit reserves the right to disqualify any Member and/or cancel any Discount(s) if they determine a Member has tampered with the operation of the Program or violated these Terms and Conditions.

Bandit reserves the right to suspend, disqualify or terminate any Member’s or Prospective Member’s participation in the Program and forfeit any Discounts or Discounts earned if the Member or Prospective Member is found to have engaged in any prohibited conduct or otherwise violated the provisions of this Section 6. If Members have engaged in prohibited conduct, spam or fraudulent or suspicious behavior that undermines or affects the integrity or credibility of the Program, and Bandit is unable to find a solution to restore the integrity and credibility of the Program, then Bandit may in its sole discretion cancel, change or suspend the Program.

CAUTION: ANY DELIBERATE ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE PROGRAM. Bandit RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION, IN THE EVENT OF ANY SUCH ATTEMPT.


6 – PROPRIETARY RIGHTS

You hereby acknowledge and agree that Bandit Retail or its licensors own all legal right, title and interest in and to the Service and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Services and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.

Bandit Retail is a trademark of Bandit Retail in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on the Services, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Bandit Retail, Copyright © 2016-2017 Bandit Retail, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.


7 – PRODUCT/IDEA SUBMISSIONS

Bandit Retail and its personnel do not accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Bandit Retail or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Bandit Retail’s products, services or marketing strategies might seem similar to ideas submitted to Bandit Retail. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your Submissions.

You agree that:

  1. Any Submission (including its complete contents) by you to Bandit Retail will automatically become the property of Bandit Retail, without any compensation to you;
  2. Bandit Retail may use or redistribute any Submission and its contents for any purpose and in any way, without any compensation to you;
  3. Bandit Retail has no obligation to review any Submission; and
  4. Bandit Retail has no obligation to keep any Submission confidential, and no confidential relationship may be established by or inferred from any such Submissions to, or the consideration of your Submissions by, Bandit Retail.

8THIRD PARTY SITES

8.1 – Third Party Web Sites

The Site may provide links to third party Sites that are not owned or controlled by Bandit Retail, including, without limitation, Facebook, Twitter, Linkedin and Google (“Third Party Sites”). We provide such links solely as a convenience to you. Bandit Retail does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.

9 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW 

9.1 – Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with Bandit Retail and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

  1. Informal Resolution. Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at support@thebanditshop.com or Bandit Retail, Attn: Customer Service, 116 West 23rd Street, New York, NY 10011. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 10.1 govern dispute resolution between us.
  2. Applicability of Arbitration Agreement. All claims and disputes in connection with the Agreement or the use of any product or service provided by Bandit Retail that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Bandit Retail, and to any of Bandit Retail's licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.
  3. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  4. Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Bandit Retail, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Bandit Retail.
  5. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Bandit Retail in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BANDIT RETAIL WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  6. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California.
  7. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Bandit Retail, Inc. Attn: Legal Department, 116 West 23rd Street, New York, NY 10011 within 30 days of purchasing a Membership. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to subparagraph xii below. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
  8. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
  9. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Bandit Retail.
  10. Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Bandit Retail makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the Bandit Retail.
  11. Small Claims Court. Notwithstanding this section 10, either you or Bandit Retail may bring an individual action in small claims court.
  12. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court (except for actions brought in small claims court), the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for such purpose.

9.2 – Choice of Law

This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.

10ELECTRONIC COMMUNICATIONS; GENERAL TERMS 
10.1 –
Electronic Communications

Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

10.2 – General Terms

Bandit Retail may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site, Applications, or other Services including any account thereon, without notice, for any reason in Bandit Retail’s sole discretion, including without limitation breach of this Agreement, Bandit Retail’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to Bandit Retail or another user of the Services. This Agreement and the Privacy Policy constitute the entire agreement between you and Bandit Retail regarding its subject matter. Bandit Retail will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of Bandit Retail to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Subject to section 10.1.vi, if any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. The parties acknowledge and agree that this Agreement and all related documents that may be drawn up are only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified Bandit Retail Party shall be a third party beneficiary hereunder. Bandit Retail may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, Bandit Retail’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Applications, other Services, Content, Products or Memberships shall survive such termination.

 

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