The Agacio.com website is operated by Underwear Station, Inc., 801 Shotgun Road Sunrise, FL 33326 or its affiliates. These Terms of Service apply to Agacio.com and not to the content of third parties.
Acceptance of terms of use
These Terms and other applicable conditions and notices contained herein govern your use of the Agacio.com service and website. By using, visiting, or browsing the Agacio.com website(s), you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Agacio.com service or website. Please note, return shipments sent to the address above will be refused. Please contact our customer support team for instructions before returning products.
These Terms of Use are an ongoing contract between you and Agacio.com and apply to your use of the Agacio.com service and website. These Terms of Use affect your rights and you should read them carefully.
Changes to terms of use
Agacio.com reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the links that direct you to the Terms on the Agacio.com website. The most current version of the Terms will supersede all previous versions. Your use of the Agacio.com website or continued use of our service after changes is made means that you agree to be bound by such changes.
Privacy Policy
You agree to our Privacy Policy. Any information submitted on the Agacio.com website is subject to our Privacy Policy. Please review this policy to understand our practices.
Prices
Prices displayed in USD. We reserve the right to change prices at any time. Due to possible information misrepresentations, we may correct typographical and printing errors related to prices at any time. Members should be aware that product prices can and do fluctuate as a result of a supplier changing their wholesale pricing. Agacio.com has no control over any supplier's pricing, shipping and handling charge policies and therefore cannot guarantee any item will remain any particular price for any period of time.
Discount and Sales
2 discount offers cannot be combined together. Due to the system glitch, if this happens, Agacio reserves the right to cancel the order. The decision of Agacio Management will be final.
Insurance Policy
You have the option to ensure your package for a small fee of $2.00. If your package gets lost, we will file a claim with the carrier and if the package does not turn up, we will quickly replace it for you at no additional cost.
The insurance claim process takes 15 days from the time you report the missing items to us. We highly recommend that you insure your package. If you decide to not take insurance on your package, Agacio will not be responsible for merchandise that gets lost or damaged in transit.
Electronic communications
By using the Agacio.com service, you consent to receive electronic, phone, and mail communications from Agacio.com. These communications will include notices about your account (e.g., shipping and receiving e-mails) and information concerning or related to our service. These communications are part of your relationship with Agacio.com and you are entitled to receive them as part of the Agacio.com subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Service testing
From time to time, we test various aspects of our service, and we reserve the right to include you in these tests without notice.
Use of information submitted
Agacio.com is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to Agacio.com, including, without limitation, responses to questionnaires or through postings to the Agacio.com website without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Agacio.com website or other websites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.
Intellectual property
Copyright
All content included on the Agacio.com website and delivered to subscribers as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Agacio.com or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Agacio.com and protected by the U.S. and international copyright laws. Content should not be reproduced or used without express written permission from Agacio.com, or its suppliers. Agacio.com reserves the right to terminate your membership hereunder if Agacio.com, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying or other unauthorized use of our proprietary content.
Trademarks
Agacio is a trademark of Underwear Station, Inc. Agacio.com, and other marks indicated on our site are trademarks of Underwear Station, Inc. All Agacio.com graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Underwear Station, Inc.. Agacio.com's trademarks and trade dress may not be used in connection with any product or service that is not Agacio.com's, in any manner that is likely to cause confusion among customers, in any manner that dilutes Agacio.com's rights, or in any manner that disparages or discredits Agacio.com. All other trademarks not owned by Agacio.com that appear on the Agacio.com website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Agacio.com. Any images of persons or personalities contained on the Agacio.com website shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
Account access & identity protection
In order to provide you with ease of access to your account, Agacio.com will place a cookie (a small text file) on any computer from which you access the Agacio.com website. When you revisit the Agacio.com website, this cookie will enable us to recognize you as a previous user or as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may not share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities. Users of public or shared computers should log out at the completion of each visit to the Agacio.com website.
If you find that you're a victim of identity theft and it involves an Agacio.com account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. Agacio.com reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Agacio.com is not obligated to credit or discount a membership for holds placed on the account by either a representative of Agacio.com or by the automated processes of Agacio.com.
Payment obligations
The Member understands that a valid form of payment must accompany all orders.
Copyrights
Agacio.com and its supplier and distribution partners reserve ownership and copyright to all materials published by Agacio.com. Reproductions and alterations of individual product images and descriptions may be used for marketing & reselling purposes. You must receive written consent from Agacio.com for any other use or any modification of product images and other copyrighted materials. Agacio.com allows its members to resell the products we have from our suppliers.
Products
Agacio.com diligently strives to provide as accurate information as possible. However, as all specifications and descriptions are provided by the supplier of the product, Agacio.com makes no warranty expressed or implied with respect to the accuracy of the information, including price, product descriptions or product specifications. Both the product and manufacturer names are used only for the purpose of identification. Members are responsible for making sure the product information is correct prior to selling any products from this site with the product's respective Manufacturers.
Data Export
Agacio.com diligently strives to provide as accurate information as possible. However, as all specifications and descriptions are provided by the supplier of the product, Agacio.com makes no warranty expressed or implied with respect to the accuracy of the information, including price, product descriptions or product specifications. In addition, due to size, the volume of requests and resource constraints; Data Exports, at times, may be delayed or contain data older then what is displayed on the website.
Shipping and handling charges
You are responsible to pay the shipping and handling charges for all products purchased from Agacio.com. You are responsible for these charges for shipments that are refused or returned for any reason. We are not responsible for incidental or consequential damages or losses to defective products, errors in shipping your order, or other errors. The limit of our liability is the replacement cost of any item you purchase from us. ANY ODD SIZED OR EXCESSIVE WEIGHTED ITEMS MAY REQUIRE A CUSTOM SHIPPING COST CALCULATION FROM Agacio.com. ON THESE OCCASIONS, THE ORDERS WILL NOT SHIP UNTIL YOU HAVE APPROVED THE CUSTOM SHIPPING COST. Depending on the information provided by the supplier, Agacio.com may publish the shipping weights of items. The publication, or absence of, shipping weights cannot be used to determine ship cost and/or your financial obligation. The 'Ship Cost' provided on every product page and in the shopping cart should solely be used for determining the shipping cost.
Order placement
Agacio.com is not responsible for loss, or damages as a result of misplaced, or other typographical errors that occur during order placement. The member has sole responsibility for verifying the accuracy of the order, including actual item, pricing, shipping, and/or handling, prior to order submission. Order placement means (single, batch or API) does not change member responsibility and subsequent financial responsibility.
Order changes
Once an order is placed, it cannot be changed in any way.
Order returns
Agacio.com has specific return instructions of products and these steps must be followed correctly and in a timely manner (as explained in the return policy) in order for a return to be accepted. The return policy is labeled and explained in detail on Agacio.com’s website under the Return section of the website.
Age
The visitor/member, by signing the Sign-up Form, hereby represents that they are of the legal age of the state in which they reside.
Legal recourse
You and Agacio.com agree that the laws of the State of Florida and Broward County shall have exclusive jurisdiction over any dispute or claims, policies, and procedures between you and Agacio.com relating in any way to the Agacio.com service or website or these Terms. You and Agacio.com expressly and irrevocably consent to personal jurisdiction and venue in these courts. The non-prevailing party shall pay all attorney's fees and court costs.
Limitations on use
You must be 18 years of age or older to subscribe to the Agacio.com service. Unless otherwise specified we grant you a limited license to access the Agacio.com website. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Agacio.com website without our express written consent. Any unauthorized use of the Agacio.com website or its contents will terminate the limited license granted by us.
Amendments
Agacio.com reserves the right to make amendments to this agreement at any time. Amendments may be the result of changes in economic, legal, or other factors that affect the business of Agacio.com.
Severability
If one or more of the provisions of the policies and procedures in this user agreement are deemed void by law in a court of competent jurisdiction, the balance of the policies and procedures' remaining provisions, or any provision in the Agacio.com manual, shall continue in full force and effect.
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