Terms & Conditions
This is the part of the site where we explain what you can and can’t do on our site.
Welcome to one of the less interesting parts of our page. Honestly, you’re probably one of five people that are responsible enough to make it onto this page so good for you! We are ODDO and as you may already know, we make intimate goods and occasionally host conversations about health, body, and identity via our emails, body manuals, and our site. Please read our terms of service before you peruse our site because they explain your rights and obligations when you’re shopping, or any time you buy something or sign up for our emails.
By using our Site, you’re acknowledging that you have read this agreement and agreed to be legally bound by these terms and conditions (the “Terms”). If you don’t want to be bound by these Terms, you should x-out of this site and never return! Or, you know, return when you agree to these terms.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms (which will always be located on the site) will govern our relationship with you. We will try to notify you of material revisions; for example, via an announcement on our home page or by sending you an email. Your continued use of the Services constitutes your acceptance of any such revisions. You should periodically visit this page to review our most up-to-date Terms.
- What you may use our site for. You may use the Services and display the content available on the Services solely for your own personal non commercial use. Any other use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Services, access to the Services, or any material we provide because that would, quite frankly, be a bummer, a violation of copyright law, and it would anger our lawyer...which, trust us, would be very scary for you! (P.S.—Elizabeth, if you are reading this, we love and appreciate you because you are scary.)
To use our Services, you must be more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and you must be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you must be over the age of 13, as the web site is not intended for children under 13.
Everything that appears on the Services is protected under the copyright laws of the United States and other countries and may not be used except as provided in these Terms. We neither represent nor warrant that your use of materials displayed by the Services will not infringe rights of third parties.
Basically, we’re not doctors.
While we use reasonable efforts to include accurate and up to date information at the Site and in the Services, we make no warranties or representations about the information we provide. We disclaim any and all liability for the accuracy, completeness, or correctness of such information.
The content on the Services is provided for your information and education only. Our Products and Services, including the contents of the Site, are not meant to diagnose, treat, prevent or cure any medical condition, and should not be used as a substitute for consulting a doctor or other health professional.
Although we do our best to include the most accurate and unbiased information, at the end of the day—ODDOBODY does not provide medical advice. Before making any medical decision in relation to your body, please consult with a professional.
Stuff about orders and payment.
We use a third-party electronic payment processor to process transactions when you purchase Products or Services. You are responsible for providing us with complete, accurate, and up-to-date information for us to process your payment and fulfill your order. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. You authorize us, as necessary, to instruct our third-party payment processor to handle such transactions. You acknowledge that each third-party payment processor has its own terms and conditions of use and that we are not responsible for said terms and conditions. In the event or conflict between this Agreement and the third-party payment processor’s terms and conditions regarding the Services, this Agreement shall prevail.
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card by a third party in connection with the Services. All purchases and charges are non-refundable unless we specifically state otherwise in this Agreement, or unless it is otherwise provided by applicable law.
About our subscription underwear service.
As part of our Services, we offer ODDO renew, an ongoing, automatically renewing subscription to receive our Products on a recurring basis. If you sign up for ODDO renew, you agree to allow us to charge the subscription fee to your credit card on a recurring basis. For example, if you choose a monthly subscription, you will be billed each month unless and until you cancel. Your ODDO Renew subscription must have 3 total orders fulfilled and paid for before you are able to cancel your subscription. Your ODDO Renew subscription will automatically renew, unless you change or cancel your service in your account page on our site or provide written notice of cancellation by (emailing us at firstname.lastname@example.org) at least 15 days prior to the end of the then current subscription term. You will be responsible for all charges incurred with respect to any order processed prior to the cancellation of your subscription. All recurring payments are fully earned upon payment.
Your ODDO renew subscription will be deactivated without further notice if payment is more than 3 days past due, regardless of the dollar amount, until such time as the past due payments have been fully satisfied.
We’ll do our best to protect your info.
While we use reasonable efforts to safeguard the security of the Services, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Services. We assume no liability or responsibility for any unauthorized alterations in the content or functionality of the Services.
We use reasonable precautions to protect the privacy of username, password and account information. You, however, are ultimately responsible for protecting your username, password and account information from disclosure to third parties. You are required to take reasonable precautions to safeguard your username, password and account information. You are solely responsible for any activity that occurs with respect to your username and password. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption. We reserve the right, but do not assume responsibility, to monitor or review any activity on our services.
Why we don’t “do” warranties.
We make no representations about the suitability of the content of this Site for any purpose, nor that your use of the Services will be uninterrupted or error-free. EVERYTHING IN THE SERVICES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
What we are liable for.
We do not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Services. Your use of the Services and browsing in the Site are at your risk. WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR THE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Stuff about our trademarks.
The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are registered and unregistered Trademarks belonging to us or to others. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without our written permission or the written permission of such third party that may own the Trademarks. Your use of the Trademarks, or any other content on the Services, except as provided in these Terms, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Other people’s links.
We are not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
Anything you send us.
- Material that infringes the copyright, trademark, or other intellectual property rights of other parties;
- Material or statements which contain vulgar, obscene, or indecent statements or graphical images;
- Defamatory or abusive statements;
- Statements which threaten the person of others;
- Advertising or other forms of solicitation;
- Personal, private, or sensitive information pertaining to or belonging to anyone other than You;
- Statements which are bigoted, hateful, racially offensive, or which endorse or advocate illegal or immoral activity.
We retain the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
You agree that you will not use any robot, spider, Web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Web site without our prior expressed written permission or the express written permission of an appropriate third party.
If you click other people’s ads on our site.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
How we notify you of things.
We may give notice to our users by means of a general notice on this Site, electronic mail to a user’s email address on our records, or by written communication sent by first class mail to a user’s address on its records. You can contact us by sending an email to email@example.com.
General information about these terms.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
SMS mobile message marketing program Terms and Conditions
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that ODDOBODY and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of our 100% organic cotton undies. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, New York before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which ODDOBODY’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties 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. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or un-enforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.