Terms and Conditions
TERMS AND CONDITIONS
Terms & Conditions
THE INFORMATION WE COLLECT
We collect personal information directly from you to do all the things typically associated with Site. Examples of the information we collect include name, address, phone number, email address, personal preferences, credit card number, purchase and ordering information, demographical information, responses to survey questions and sizing information.
We may also collect information that you provide about people you know. For example, we collect your gift recipient's contact information to process your gift orders. We may also collect contact information about your friends and family members when you participate in one of our refer-a-friend programs. In these instances, we may send a message to your friend or family member on your behalf. Please ensure that you only submit email addresses of individuals with whom you have a personal or family relationship and who would want to receive the message from you.
USER PROFILE INFORMATION
1 Madison collects your full name, address, city, state, zip, country, e-mail address, shipping information and credit card information. You can decline to submit personal information to any of our services, in which case 1 Madison may not be able to provide any services to you.
PURCHASE RELATED INFORMATION
1 Madison also collects information about the credit card used when making a purchase, including card number, card type, cardholder name, billing address and expiration date, in order to bill you for your purchases through the Site.
If you choose to receive communications from 1 Madison about special promotions when registering at 1madison.com, we may use your e-mail address to send you communications about surveys, contests and marketing information about 1 Madison. We may use your e-mail address or telephone number to contact you about your purchase and availability.
HOW WE USE YOUR INFORMATION
1 Madison collects and uses your personal information to better operate its stores and Sites and deliver the services you have requested. We use personal identifying information to do things like:
- process your online orders;
- create an online account;
- personalize your online shopping experience with content and offers that are tailored to your interests;
- provide customer service, whether it's responding to a request or following up on an order;
- include you in surveys and contests;
- enable you to post your content, such as comments or images;
- facilitate networks of online social activity centered around our products and services;
- improve our Site, ensure the technical functioning of the Site, improve the manner in which offers are made on our Site, improve purchase decisions of our visitors and the interactions visitors have with our Site;
- enable you to interact with third-party content service providers, whether by linking to their sites, viewing their content within our web environment, or by viewing our content within their web environment;
- market our products and services that may be of interest to you;
- send you periodic emails or text message notifications for special promotions; and
- develop new services.
COOKIES AND OTHER WEB SITE TECHNOLOGIES
When you visit our Site, we collect navigational information, such as browser type and version, operating system, service-provider identification, IP address, the site from which you came, the site to which you navigate, time/date stamp, access times and other technical information. Navigational information is largely anonymous in the sense that it doesn't contain your name, address, phone number, email address or other information that directly identifies you. However, we may associate this navigational information with your personal information if you provide it.
To better understand what you do while on our site, we use a browser feature known as a cookie. A cookie is a small data file that's stored by your Web browser on your computer. It's used to do things like see how you navigate our Site, what you click on, and remember you and your online purchases when you return. This helps us improve our site, provide better customer service, tailor your online experience, and tailor offers to you based on your unique tastes and both your online and offline (e.g., in-store) interactions and purchase history.
When you access the certain areas of the Site, we require you to sign in using your e-mail address and password for user verification. Once you sign in, we record the e-mail address in the cookie file on your computer. We may also record your password in this cookie file. Permanent cookie files remain on your computer’s hard drive until you manually delete the file.
INFORMATION PROTECTION AND SECURITY
HOW WE PROTECT YOUR INFORMATION
To ensure the confidentiality of your personal information, we use leading security technology and procedures which are reviewed regularly by our Security Management.
By providing you with this Privacy Statement, 1 Madison is committing to protecting the information you provide to us. We regularly examine our information privacy practices to determine whether we are adhering to the disclosures about the collection, use, sharing, and protection of your personal information made in this privacy statement.
PROTECTING YOUR INFORMATION
We want our users to feel confident and trusting when using 1madison.com to make a purchase, so we are committed to protecting the information we collect. We have implemented a security program to keep information that is stored in our systems protected from unauthorized access. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to protect against unauthorized access to systems where personal data is stored.
Our systems are configured with data encryption, or scrambling, technologies, and industry-standard firewalls. When you send personal information to 1madison.com over the Internet, your data is protected by Secure Socket Layer (SSL) technology to ensure safe transmission. Additionally, we restrict access to personal information to 1 Madison employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals may be bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
While we use the foregoing security measures to protect your information, please note that no data transmitted over the internet, or stored and utilized for business purposes can be guaranteed to be completely secure. No security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the Site will not become publicly available. You can reduce these risks by using common sense security practices such as choosing a strong and safe password, using different passwords for different services, and using up to date antivirus software.
We may enable you to navigate to third-party sites and services, or otherwise display third-party content. We do this for your convenience. We don't endorse or generally have any affiliation with these third parties. And we don't control and aren't responsible for their Web practices. It is possible that the third party providing content through our Site may collect or observe information through its use of technology. Whether the third-party content appears within our Web environment (like a map frame), or you leave our Site for another site to view it, those service provider's terms, conditions, and privacy policies govern your online experience (unless there's a conspicuously posted statement by us that says otherwise). Please view their terms of service and privacy policies if you have any question about their practices. Undies is not responsible for the privacy statements, policies, or other content on websites outside of the Undies Sites.
Any Visitors to the Site from a location outside the U.S. should understand that your connection will be through and to servers located in the U.S., and any and all information you receive from the Site are and will be created and maintained on servers and systems located in the U.S. You acknowledge and agree by using our Sites and providing us with data, that your personal information may be processed for the purposes identified in this Privacy Statement, and that such data may be stored on servers in the U.S. which may have less stringent privacy practices than those of your own resident jurisdiction. By providing us with your data, you consent to the transfer of such data.
PROTECTING YOUR INFORMATION
1 Madison only shares personal information with other companies or individuals outside of 1 Madison in the following limited circumstances:
- We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms and Conditions, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Undies, its users or the public as required or permitted by law.
- We contract with third-party advertising companies to deliver tailored online display and banner advertising to you on other websites. To serve this advertising, these third-party companies place, use, or rely on technology, such as cookies and clear gifs, to obtain information about customer interactions with us through our Site and interactions with other websites. Once this information is gathered, it helps us select tailored ads for placement on these other websites, based on a customer's combined online and offline (e.g., in-store) shopping history and experience with us.
- We may also share the information described in this policy, like postal and email address, customer preferences, and purchase history within our corporate family so that our affiliates may market to you.
- We use third-party "back-office" contractors to help handle parts of our business because of their expertise, resources, or scale. They help us do things like fulfill orders, process payments, provide some customer service through chat features, monitor site activity, serve surveys and provide analysis from the surveys when combined with website use, maintain databases, administer and monitor emails, administer and send mobile messages, serve ads on this and other Sites as described herein and provide consulting services. Contractors may also assist us in hosting microsites and mobile websites where you may provide personal information about you and others you know; and where they may observe information about you in the same way as described above.
- We may share your name, postal address, and summary purchase information with other merchants and merchant exchanges. Other merchants may, in turn, use this information to send you offers on their products and services. If you don't want this information shared with these merchants and exchanges, please opt out from offers.
- In the event we sell or transfer all or a portion of our business assets, including a brand or line of business, consumer information may be one of the business assets that are transferred in connection with the transaction.
- Nothing in this policy restricts our ability to share aggregated or anonymized information that does not directly identify you.
You may remove yourself from the 1 Madison email list by following the removal instructions located at the bottom of each commercial email or by completing the removal from e-mail form. Opting out of any of these emails will not stop operational or transactional messages such as password-reset or account related information from the brand or line of business in question. We may occasionally provide you with the opportunity to opt in to receive email messages from third parties. If you do opt in, we'll share your e-mail address with the specific third party in question. Please review their privacy policies to see how they treat your personal information.
COMMUNICATIONS TO AND FROM 1 MADISON
COMMUNICATIONS FROM 1 MADISON
Generally, you will receive communications from us when you:
- Request a forgotten password on your account;
- Make a purchase;
- Elect to receive special promotional marketing communications; and
- Contact 1 Madison with questions/suggestions.
CONTACTING 1 MADISON
We collect personal information such as your full name, e-mail address, and/or contact number whenever you submit a question or suggestion, or request assistance with viewing your account, logging on to 1madison.com, or accessing your account.
RESPONSES TO YOUR QUESTIONS OR SUGGESTIONS
We will use the e-mail address or telephone number provide to respond when you submit a question or suggestion, or request assistance logging on to your 1 Madison account.
MAKE A PURCHASE
Each time you make a purchase through 1 Madison you will receive confirmation of your new purchase via e-mail.
REQUEST CUSTOMER SUPPORT OR SUBMIT QUESTIONS / SUGGESTIONS
When you request assistance regarding your account such as; viewing your account, logging onto the 1 Madison Site, or accessing your account, we will respond to you via e-mail, or telephone.
CHANGES TO THE PRIVACY STATEMENT
If you have questions about our Privacy Statement, please e-mail us at firstname.lastname@example.org
For specific questions, concerns, or complaints contact:
This Privacy Statement is effective May 1, 2017.
Welcome to the 1madison.com Website. Please review the following terms and conditions of use, which govern your use our Site (the "Agreement"). Your use of our Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement at any time you do use our Site. If you do not agree to these terms, please do not use our Site.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
RIGHT TO CHANGE SITES
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue our Site; 1madison.com or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site, modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Unless otherwise noted, the Site, and all materials on the Site; including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by 1madison.com as well as other trademarks appearing on the Site,
The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
1madison.com is always pleased to hear from you and welcomes your comments regarding our products and services. Our company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by 1madison.com employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example, contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that 1madison.com may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to 1madison.com. 1madison.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. 1madison.com has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pose as someone other than yourself, or otherwise mislead 1madison.com or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. 1madison.com takes no responsibility and assumes no liability for any comments posted by your or any third party.
PERSONAL INFORMATION SUBMITTED THROUGH THE SITES
1madison.com respects the intellectual property of others. If you believe that your work has been replicated in any way that constitutes copyright infringement, please contact us immediately.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear on our Sites. We cannot guarantee that your device monitor's display of any color will be accurate.
LINKS TO OTHER WEB SITES AND SERVICES
The Site may contain links to other websites that are not under the control of 1madison.com. 1madison.com has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of our Site’s users.
The materials on our Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. 1madison.com expressly disclaims any duty to update or revise the materials on our Site, although 1madison.com may modify the materials at any time without notice. Your use of our site is at your sole risk, and you assume full responsibility for any costs associated with your use of our Site. 1madison.com shall not be liable for any damages of any kind related to your use of our Site.
You agree to defend, indemnify and hold 1madison.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and 1madison.com agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) 1madison.com at email@example.com or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and 1madison.com com agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
CHOICE OF LAW
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of New York. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of 1madison.com’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
These terms are effective unless and until terminated by either you or 1madison.com. This Agreement may be terminated at any time. 1madison.com may also terminate this Agreement at any time without notice, and accordingly may deny you access to our Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
Prop 65 – important information for California residents
To our California customers, in accordance with Proposition 65, we issue the following warning: "This product contains chemicals known to the state of California to cause cancer, or birth defects or other reproductive harm."