Terms of Service

OVERVIEW

This website is operated by Underbunks. Throughout the site, the terms “we”, “us” and “our” refer to Underbunks. Underbunks offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

SECTION 1 - PRODUCT USE & SAFETY (THE "KIDS DECOR" PROTECTION)

By purchasing Underbunks products, you acknowledge and agree to the following:

  • Adult Supervision: All products are designed for decorative or intended functional use. Children should not use or interact with products except under adult supervision.

  • Proper Installation: If a product requires mounting, hanging, or assembly (e.g., wall decor, shelving), it is the purchaser's responsibility to ensure it is installed securely according to provided instructions and using appropriate hardware for your specific wall type.

  • Assumption of Risk: Underbunks is not liable for injuries or property damage resulting from improper installation, failure to follow safety instructions, or use of the product for any purpose other than its intended decorative use.

  • Age Appropriateness: It is the purchaser's responsibility to determine if a product is age-appropriate for the child in whose environment it is placed.

SECTION 2 - INTELLECTUAL PROPERTY & PROHIBITION OF REVERSE ENGINEERING

All content, product designs, patterns, imagery, and text on this site are the exclusive property of Underbunks.

  • No Reverse Engineering: You agree not to deconstruct, disassemble, reverse engineer, or attempt to derive the design, patterns, or manufacturing processes of any Underbunks product.

  • Proprietary Rights: The purchase of a product does not grant you a license to any intellectual property associated with the product.

  • Prohibition of Cloning: Any attempt to replicate, "clone," or create derivative works for commercial gain is a violation of these Terms and will be prosecuted to the fullest extent of the law.

SECTION 3 - COMMERCIAL USE & FREIGHT FORWARDING

  • Personal Use Only: Unless otherwise agreed in a signed Wholesale Agreement, all purchases are for personal, end-user use only.

  • Resale Prohibition: You may not resell, redistribute, or export Underbunks products for commercial purposes without express written consent.

  • Freight Forwarding & Secondary Transit: If you ship a product to a freight forwarding service, our liability ends once the package is delivered to the address provided in the original order. We are not responsible for damage, loss, or customs issues occurring during secondary transit.

SECTION 4 - ONLINE STORE TERMS & ELIGIBILITY

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).

SECTION 5 - GENERAL CONDITIONS & RIGHT TO REFUSE

We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to cancel orders that appear, in our sole judgment, to be placed by dealers, resellers, or competitors for the purpose of competitive analysis or unauthorized distribution.

SECTION 6 - ACCURACY OF PRODUCT INFORMATION

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate. All descriptions of products are subject to change at any time without notice.

SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, or discontinuance of the Service.

SECTION 8 - ACCURACY OF BILLING & ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

SECTION 9 - THIRD-PARTY LINKS & TOOLS

We are not liable for any harm or damages related to the purchase or use of goods, services, or resources made in connection with any third-party websites or tools.

SECTION 10 - USER COMMENTS & FEEDBACK

If you send us creative ideas, suggestions, or proposals, you agree that we may, at any time, without restriction, edit, copy, publish, and distribute those materials. We are under no obligation to pay compensation for any comments.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 12 - LIMITATION OF LIABILITY

PLEASE READ CAREFULLY. Underbunks, our directors, officers, employees, and suppliers shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation:

  • Damages arising from the use of (or inability to use) our products.

  • Personal injury or property damage resulting from improper installation or misuse.

  • Lost profits or lost data. Products are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability, durability, and fitness for a particular purpose.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Underbunks from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

SECTION 15 - GOVERNING LAW & DISPUTE RESOLUTION

These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of the State of Oregon, United States.

  • Binding Arbitration: You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the purchase of products shall be settled by binding arbitration in Clackamas County, OR. You waive your right to a jury trial or to participate in a class action.

SECTION 16 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customercare@underbunks.com.