Terms of Service

Terms of Service

Terms of Use

Last Modified: October 19, 2026

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION BELOW THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES OR CLAIMS RELATED TO THESE TERMS OF USE OR YOUR USE OF THE SERVICES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE SEE THE GOVERNING LAW AND ARBITRATION SECTIONS BELOW.

Acceptance of These Terms of Use

These website terms of use (“Terms of Use”) are entered into by and between you and Pant Saggin LLC, d/b/a PSD Underwear (“Company,” “we,” or “us”). These Terms of Use, together with any documents they expressly incorporate by reference, govern your access to and use of psd.com (the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and acknowledge that any personal information used by us for your use of the Website is subject to our Privacy Policy. If you do not want to agree to these Terms of Use or acknowledge applicability of the Privacy Policy, you must not access or use the Website.

The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to These Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you. You waive any right to receive specific notice of each such change. If a material change is made to these Terms of Use, you will receive reasonable notice of the change if you are a registered user.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or product we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website; and
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features or post content on social networks, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, or other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a royalty-free, worldwide, non-exclusive, transferable, sublicensable license, for the duration of the applicable intellectual property rights, to use, reproduce, modify, adapt, translate, perform, display, distribute, and otherwise disclose to third parties any such material in connection with the operation, promotion, and marketing of the Website and our products and services. To the extent permitted by applicable law, you waive, and agree not to assert against us or our licensees, successors and assigns, any moral rights or rights of publicity or privacy in the User Contributions.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you acknowledge that your personal information is subject to our Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods formed through the Website, or as a result of visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

The Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website.
  • Send e-mails or other communications with certain content, or links to certain content, on the Website.
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of California in the United States. Please note that the Website may contain products or references to products that are not available outside of the United States. We provide the Website for use by persons located in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the supported destinations, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER OR NOT CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees actually incurred) to the extent arising out of or relating to: (a) your breach of these Terms of Use; (b) your User Contributions; (c) your violation of any applicable law; or (d) your willful misconduct in connection with your use of the Website. This indemnification obligation shall not apply to the extent that a third-party claim arises from the Company's own negligence, willful misconduct, or violation of applicable law. The Company shall have the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with the Company's defense of such claims. You shall not settle any claim subject to this section without the Company's prior written consent. Your aggregate liability under this section shall not exceed the greater of (i) the total amounts paid by you to the Company through the Website during the twelve (12) months preceding the event giving rise to the claim or (ii) one hundred dollars ($100.00).

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Irvine and County of Orange. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

Any arbitration under this provision shall be governed by the Federal Arbitration Act (“FAA”); no state laws regarding arbitration procedures shall apply.

Before either party initiates arbitration, that party must contact the other party by sending a written notice of the dispute. If you provide such a notice to us, your notice must identify your name and address (including email address), and describe the nature and basis of your claim and the relief you seek, including the basis for any damages calculation. You must sign the notice, and if you have retained an attorney, you must identify the attorney and confirm that we have authority to disclose to the attorney any information relevant to resolving your claim. Each side must negotiate in good faith to resolve the claim for a period of sixty (60) days before initiating arbitration proceedings. Any limitations period shall be tolled for this sixty day period. Failure to comply with any of the provisions in this paragraph is grounds for dismissal of any arbitration proceeding as set forth in the following paragraph.

ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU OR WE MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIM IS PROPERLY WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration will be ADMINISTERED by the Judicial Arbitration and Mediation Services (JAMS) under its then-applicable Comprehensive Arbitration Rules and Procedures, including (as appropriate) its Consumer Arbitration Minimum Standards. IF THERE IS A CONFLICT BETWEEN THIS ARBITRATION PROVISION AND THE JAMS RULES, THIS ARBITRATION PROVISION WILL GOVERN. JAMS rules are available at https://www.jamsadr.com/ and JAMS Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards. The arbitration WILL be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted at a location mutually agreed upon by the Parties. If the Parties are unable to agree on a hearing location, the Arbitrator will determine the hearing location based on factors such as the subject matter of the dispute, the convenience of the Parties and witnesses, and the relative resources of the Parties. The decision of the arbitrator WILL be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL BE CONSTRUED TO WAIVE ANY RIGHT TO SEEK PUBLIC INJUNCTIVE RELIEF THAT CANNOT BE WAIVED UNDER APPLICABLE LAW, INCLUDING ANY RIGHT UNDER CALIFORNIA LAW TO SEEK SUCH RELIEF IN A JUDICIAL FORUM. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF THIS PARAGRAPH’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM WILL BE BROUGHT ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN ORANGE COUNTY IN THE STATE OF CALIFORNIA, UNLESS SUCH CLAIM IS ASSERTED WITHIN SMALL CLAIMS COURT. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THE FOREGOING LIMITATION SHALL NOT APPLY TO (I) CLAIMS UNDER ANY STATUTE THAT PROVIDES A NON-WAIVABLE LIMITATIONS PERIOD, OR (II) CONSUMERS RESIDING IN A JURISDICTION WHOSE MANDATORY LAW REQUIRES A LONGER LIMITATIONS PERIOD, IN WHICH CASE THE APPLICABLE STATUTORY LIMITATIONS PERIOD SHALL GOVERN.

Notwithstanding anything to the contrary in these Terms of Use, including the Governing Law and Jurisdiction and Arbitration sections, Pant Saggin LLC, d/b/a PSD Underwear may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

SMS Terms of Service

When you opt-in to the service, we will send you an SMS message to confirm your signup. Our messaging service will be used for marketing communications (including company updates, events, sales, shopping cart reminders, etc.).

You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

Any charges you receive will be charged by your mobile service provider and payable by you. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered. By opting in, you acknowledge that you are 18 years of age or older and understand the obligations and agree to these SMS Terms of Service. The information you provide to opt in to text alerts is subject to our Privacy Policy. We reserve the right to modify this agreement at any time, and any modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment to our SMS notifications will constitute acceptance by you of such modifications, additions or deletions.

We do not guarantee that your mobile phone carrier is supported by our SMS messaging service. We are not liable for delayed or undelivered messages. Supported phone carriers are subject to change at any time. We are not liable if your phone carrier is not supported by our mobile alerts.

Message and data rates may apply for any messages sent to you from us and to us from you. Frequency of messages may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you may contact us by emailing us at support@psd.com.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Applicability to Users in Other Jurisdiction than the US

If you are a user located in another jurisdiction than the United States, these Terms of Use shall apply to you to the fullest extent permitted by the laws of your jurisdiction. To the extent that any provision of these Terms of Use would otherwise contravene, exclude, restrict or modify any rights, remedies, guarantees, conditions or warranties conferred on you by mandatory consumer protection laws applicable in your jurisdiction such provision shall be read down, or if necessary deemed modified, to the minimum extent required to comply with such laws and shall not operate to exclude or limit any liability that cannot be lawfully excluded or limited (including, without limitation, liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation). Nothing in these Terms of Use is intended to override or exclude any mandatory statutory rights or protections that apply to you as a user of the Website in your jurisdiction.

These Terms of Use and any dispute or claim arising therefrom shall be governed by and construed in accordance with the laws of your jurisdiction, and you may bring proceedings in the courts of that jurisdiction. The mandatory arbitration provisions and class action waiver set forth in these Terms of Use shall not apply to consumers located in your jurisdiction to the extent such provisions are prohibited or rendered unenforceable by applicable law in that jurisdiction; in such cases, disputes shall be subject to the jurisdiction of the courts specified in this section. Any contractual limitation period set forth in these Terms of Use shall not apply to users in your jurisdiction to the extent a longer limitation period is mandated by applicable law, in which case the applicable statutory limitation period shall govern.

Entire Agreement

These Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

The website is operated by Pant Saggin LLC, d/b/a PSD Underwear (“PSD Underwear”).

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to support@psd.com. Our mailing address is: Pant Saggin LLC, d/b/a PSD Underwear, Attn: Legal Department, 14420 Myford Rd, Suite 150, Irvine, California 92606.

Terms of Sale

Last Modified: October 19, 2026

1. Your Rights and Obligations

  1. These terms of sale (these “Terms”) apply to the purchase and sale of products through psd.com (the “Website”). These Terms are subject to change by Pant Saggin LLC, d/b/a PSD Underwear (referred to as “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Website, and you should review these Terms before purchasing any products that are available through the Website. Your continued use of the Website after a posted change to these Terms will constitute your acceptance of and agreement to such change. If a material change is made to these Terms, you will receive reasonable notice of the change if you are a registered user.
  2. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION BELOW THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES OR CLAIMS RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, RATHER THAN JURY TRIAL OR CLASS ACTIONS. PLEASE SEE THE GOVERNING LAW, MANDATORY ARBITRATION, AND CLASS ACTION WAIVER SECTION BELOW.
  3. BY PLACING AN ORDER FOR PRODUCTS FROM THE WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS.
  4. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THE WEBSITE IF YOU (I) DO NOT AGREE TO THESE TERMS, (II) ARE NOT AT LEAST 18 YEARS OF AGE, OR (III) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY OF THE WEBSITE’S CONTENTS OR PRODUCTS BY APPLICABLE LAW.
  5. These Terms are an integral part of the Website Terms of Use that apply generally to the use of the Website. You should also carefully review our Privacy Policy before placing an order for products through the Website.

2. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. 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. We further reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address or phone number provided at the time the order was made. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email. You cannot cancel your order once it is placed. If your order ships, we will provide you with directions to return your order for a refund or exchange once it is delivered. If your order is a subscription, you will receive repeat deliveries of the applicable products based on the subscription duration and frequency selected by you at the time of purchase. Your payment information will be stored securely, and you will be charged for each delivery in accordance with the applicable subscription terms, unless you elect to pay in advance. Certain subscriptions may auto-renew at the end of their duration. If you do not wish to renew a subscription, you may cancel it at any time. You may cancel or modify your subscription at any time by logging into your account and managing your subscription directly through your account portal or by emailing support@psd.com.

3. Prices and Payment Terms

  1. All prices and product offerings posted on the Website are subject to change without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuation of any product or service. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
  2. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4. Shipments; Delivery; Title and Risk of Loss

  1. We will arrange for shipment of the products to you. Please check the Website for specific delivery options and estimated delivery times. You will pay all shipping and handling charges specified during the ordering process.
  2. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  3. International Shipments. We ship directly to a number of international destinations, including US Territories, Israel, Japan, Malaysia, Saudi Arabia, Singapore, South Korea, Taiwan, Thailand, United Arab Emirates, Austria, Belgium, Bulgaria, Czechia, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Türkiye, Australia, New Zealand, Mexico, Monaco, Philippines, Canada, Hong Kong SAR, and India. International orders are subject to applicable customs duties, taxes, and import fees, which are the responsibility of the recipient. We do not offer international exchanges; exchanges are available for domestic U.S. orders only. Delivery timelines for international orders are estimates only. Please note that applicable laws and regulations of the destination country may affect or restrict the delivery of certain products.

5. Products and Services

Certain products may be available exclusively online through the Website. These products may have limited quantities. We reserve the right to discontinue any product at any time.

6. Returns and Refunds

  1. Return Window and Policy. We will accept a return of products purchased on the Website for a refund of your purchase price, less the original shipping and handling costs and a $5.00 return shipping fee, provided such return is initiated within 30 days of shipment and the products are unworn, unused, undamaged, and returned in their original condition with all tags attached and in original packaging. The $5.00 return shipping fee will not be applied to returns of products that are defective, damaged, non-conforming, or where you received the wrong item, or where a mandatory law of your jurisdiction otherwise prohibits such a charge; in those cases we will bear the reasonable cost of return shipping. Silver and Gold PSD Rewards members receive free return shipping as part of their membership benefits. During the holiday period (generally mid-November through December 31), we may extend the return window to allow returns on purchases through approximately mid-to-late January; the specific dates will be posted on the Website. We do not accept returns or issue refunds on items that were part of a special offer, items labeled as final sale, mystery styles, subscription boxes, air fresheners, stickers, or other consumable items. Customers in the European Union or United Kingdom have the right to withdraw from or cancel their purchase within fourteen (14) days from the day on which the customer (or a third party indicated by the customer other than the carrier) acquires physical possession of the products, without providing a reason, using the Model Withdrawal Form (or any other unequivocal statement) available on the Website; refunds will be processed within fourteen (14) days of receipt of the returned products or of evidence of return, whichever is earlier. Where the mandatory law of your jurisdiction (including, without limitation, in the European Union, the United Kingdom, and Australia) confers additional or longer rights to return, refund, or replacement, those rights shall apply and are not restricted by this section.
  2. Return Process. To initiate a return, please visit our Returns Center at psd.com/pages/returns-exchanges on the Website or contact us at support@psd.com. If your return is accepted, we will send you instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. You bear the risk of loss during shipment.
  3. Damages and Issues. Please inspect your order upon receipt and contact us immediately if the product is defective, damaged, or if you receive the wrong item, so that we may evaluate the issue and provide an appropriate remedy.
  4. Exceptions; Non-Returnable Items. Certain types of products cannot be returned, including items designated as mystery styles, subscription boxes, air fresheners, stickers, and other consumable items. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE WEBSITE AS NON-RETURNABLE. WE DO NOT ACCEPT RETURNS ON SALE ITEMS OR GIFT CARDS.
  5. Refunds. We will notify you once we have received and inspected your return and will inform you whether the refund has been approved. If approved, your refund will be automatically credited to the original payment method used to make the purchase on the Website within approximately one to two weeks of our receipt of your merchandise. Please note that additional time may be required for your bank or credit card company to process and post the refund. If you have not received your refund within fifteen (15) business days of our approval, please contact us at support@psd.com.

7. NO WARRANTY

  1. NO EXPRESS WARRANTY. ALL PRODUCTS ARE SOLD “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS REQUIRED BY APPLICABLE LAW. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NOTHING IN THIS SECTION EXCLUDES, RESTRICTS, OR MODIFIES ANY RIGHT, REMEDY, GUARANTEE, CONDITION, OR WARRANTY CONFERRED BY LAW THAT CANNOT BE LAWFULLY EXCLUDED, RESTRICTED, OR MODIFIED, INCLUDING (WITHOUT LIMITATION) UNDER THE SONG-BEVERLY CONSUMER WARRANTY ACT (CAL. CIV. CODE § 1790 ET SEQ.), THE MAGNUSON-MOSS WARRANTY ACT (15 U.S.C. §§ 2301–2312), AND THE MANDATORY CONSUMER-PROTECTION LAWS OF ANY JURISDICTION LISTED IN THE GEOGRAPHIC RESTRICTIONS SECTION OF THE TERMS OF USE. WHERE ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED, IT IS LIMITED IN DURATION TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. WITH RESPECT TO ANY DEFECTIVE OR NON-CONFORMING PRODUCTS, AND WITHOUT LIMITING ANY NON-WAIVABLE STATUTORY REMEDY, OUR SOLE OBLIGATION AND YOUR SOLE REMEDY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE IN OUR SOLE DISCRETION. OUR LIABILITY FOR ANY DEFECTIVE PRODUCT WILL NOT UNDER ANY CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  2. LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. Goods Not for Resale or Export

You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export.

9. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products through the Website.

10. Licensed Product Legal Disclaimers

The following disclaimers apply to products sold on the Website that are manufactured under license from third-party intellectual property owners. These disclaimers are required by the applicable licensors.

Licensed Collection Disclaimer
Cloudco Entertainment / Care Bears TM & © Those Characters from Cleveland, LLC Used under license by PSD Underwear. Cloudco Entertainment with logo: TM & © Cloudco, LLC. All rights reserved.
DC Comics / Joker © & ™ DC (s)
Fun World / Ghost Face GHOST FACE is a registered trademark of Fun World, Easter Unlimited Inc. All Rights Reserved. GHOST FACE protected under worldwide copyright registration and is the exclusive property of Fun World., Easter Unlimited Inc. All Right Reserved.
Hasbro / My Little Pony © Hasbro
Konami / Yu-Gi-Oh! ©SD/S, T, K
ICEE © 2026 The ICEE Company
MGA Entertainment / Bratz © MGA Entertainment, Inc. Bratz™ is a trademark of MGA.
Playboy TM & © Playboy Enterprises International, Inc. All rights reserved.
Death Row Records Death Row Records © Entertainment One U.S., LP. All Rights Reserved.
Viacom / All That © Viacom International Inc. All rights reserved. Nickelodeon, All That and all related titles, logos and characters are trademarks of Viacom International Inc.
Viacom / Are You Afraid of the Dark © Viacom International Inc. All rights reserved. Nickelodeon, Are You Afraid of the Dark? and all related titles, logos and characters are trademarks of Viacom International Inc.
Avatar / Viacom © Viacom International Inc. All Rights Reserved.
Viacom / Hey Arnold © Viacom International Inc. All Rights Reserved. Created by Craig Bartlett.
Viacom / Rugrats © Viacom International Inc. All Rights Reserved. Created by Klasky Csupo, Inc.
Viacom / SpongeBob © Viacom International Inc. All Rights Reserved. SpongeBob SquarePants created by Stephen Hillenburg.
Viz Media / Hunter x Hunter ©P98- ©V•N•M
Viz Media / Naruto ©2002MK - 2007SP
Warner Bros. / Dexter's Laboratory BEETLEJUICE and all related characters and elements © & ™ Warner Bros. Entertainment Inc. (s)
Warner Bros. / Elf ELF and all related characters and elements © & ™ New Line Productions, Inc. (s)
Warner Bros. / DC © & ™ DC. (s)
Warner Bros. / Dexter's Laboratory DEXTER'S LABORATORY and all related characters and elements © & ™ Cartoon Network WB SHIELD: © & ™ WBEI. (s)
Warner Bros. / Gremlins GREMLINS and all related characters and elements © & ™ Warner Bros. Entertainment Inc. WB SHIELD: © & ™ WBEI. (s26)
Warner Bros. / IT IT and all related characters and elements © & ™ Warner Bros. Entertainment Inc.
Warner Bros. / Looney Tunes © & ™ Warner Bros. Entertainment Inc. (s)
Warner Bros. / Powerpuff Girls THE POWERPUFF GIRLS and all related characters and elements © & ™ Cartoon Network WB SHIELD: © & ™ WBEI. (s)
Warner Bros. / Rick And Morty RICK AND MORTY and all related characters and elements © & TM Cartoon Network (s).
Warner Bros. / Scooby-Doo © & ™ Hanna-Barbera. (s)
Warner Bros. / Space-Jam: A New Legacy © & ™ WBEI. (s)
Warner Bros. / The Exorcist THE EXORCIST and all related characters and elements © & ™ Warner Bros. Entertainment Inc. WB SHIELD: © & ™ WBEI. (s26)
Warner Bros. / Tom and Jerry © & ™ Turner Entertainment Co. (s)
Marvel © Marvel
Ren and Stimpy © 2026 Network Enterprises, Inc., an MTV Networks Company. All Rights Reserved. REN AND STIMPY and all related titles, logos and characters are trademarks of Network Enterprises, Inc., an MTV Networks Company.
South Park ©2026 Comedy Partners
The Simpsons TM & © 20th Television
X-Men © 2026 Marvel
Call of Duty © 2026 Activision Publishing, Inc.
Friday the 13th FRIDAY THE 13TH and all related characters and elements © & ™ New Line Productions, Inc.
Freddy Ready A NIGHTMARE ON ELM STREET and all related characters and elements © & ™ New Line Productions, Inc.
Modelo Modelo is a registered trademark, used under license. ALL RIGHTS RESERVED. THIS ITEM IS INTENDED FOR PEOPLE OF LEGAL DRINKING AGE

11. Force Majeure

Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, epidemic, pandemic or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. If a force majeure event materially affects our ability to deliver products or fulfill an active subscription for more than thirty (30) consecutive days, you may elect (i) to pause the affected subscription until we resume normal operations, (ii) to receive account credit for the affected undelivered products, or (iii) to receive a pro-rata refund for undelivered products, in each case by contacting us at support@psd.com.

12. Governing Law; Jurisdiction; Venue

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California. Any legal suit, action, or proceeding arising out of or relating to these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the city of Irvine and County of Orange. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection based on improper venue or forum non conveniens.

13. Dispute Resolution and Binding Arbitration

  1. Any arbitration under this provision shall be governed by the Federal Arbitration Act (“FAA”); no state laws regarding arbitration procedures shall apply.
  2. Before either party initiates arbitration, that party must contact the other party by sending a written notice of the dispute. If you provide such a notice to us, your notice must identify your name and address (including email address), and describe the nature and basis of your claim and the relief you seek, including the basis for any damages calculation. You must sign the notice, and if you have retained an attorney, you must identify the attorney and confirm that we have authority to disclose to the attorney any information relevant to resolving your claim. Each side must negotiate in good faith to resolve the claim for a period of sixty (60) days before initiating arbitration proceedings. Any limitations period shall be tolled for this sixty day period. Failure to comply with any of the provisions in this paragraph is grounds for dismissal of any arbitration proceeding as set forth in the following paragraph.
  3. ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU OR WE MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIM IS PROPERLY WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
  4. The arbitration will be ADMINISTERED by the Judicial Arbitration and Mediation Services (JAMS) under its then-applicable Comprehensive Arbitration Rules and Procedures, including (as appropriate) its Consumer Arbitration Minimum Standards. IF THERE IS A CONFLICT BETWEEN THIS ARBITRATION PROVISION AND THE JAMS RULES, THIS ARBITRATION PROVISION WILL GOVERN. JAMS rules are available at https://www.jamsadr.com/ and JAMS Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards. The arbitration WILL be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted at a location mutually agreed upon by the Parties. If the Parties are unable to agree on a hearing location, the Arbitrator will determine the hearing location based on factors such as the subject matter of the dispute, the convenience of the Parties and witnesses, and the relative resources of the Parties. The decision of the arbitrator WILL be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
  5. WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL BE CONSTRUED TO WAIVE ANY RIGHT TO SEEK PUBLIC INJUNCTIVE RELIEF THAT CANNOT BE WAIVED UNDER APPLICABLE LAW, INCLUDING ANY RIGHT UNDER CALIFORNIA LAW TO SEEK SUCH RELIEF IN A JUDICIAL FORUM. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF THIS PARAGRAPH’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM WILL BE BROUGHT ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN ORANGE COUNTY IN THE STATE OF CALIFORNIA, UNLESS SUCH CLAIM IS ASSERTED WITHIN SMALL CLAIMS COURT. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
  6. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THE FOREGOING LIMITATION SHALL NOT APPLY TO (I) CLAIMS UNDER ANY STATUTE THAT PROVIDES A NON-WAIVABLE LIMITATIONS PERIOD, OR (II) CONSUMERS RESIDING IN A JURISDICTION WHOSE MANDATORY LAW REQUIRES A LONGER LIMITATIONS PERIOD, IN WHICH CASE THE APPLICABLE STATUTORY LIMITATIONS PERIOD SHALL GOVERN.
  7. Notwithstanding anything to the contrary in these Terms of Use, including the Governing Law and Jurisdiction and Arbitration sections, Pant Saggin LLC, d/b/a PSD Underwear may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

14. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

15. No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.

16. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

17. Notices

  1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. If a material change is made to these Terms, you will receive reasonable notice of the change if you are a registered user.
  2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to Pant Saggin LLC, d/b/a PSD Underwear, Attn: Legal Department, 14420 Myford Rd, Suite 150, Irvine, California 92606. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.

18. Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

19. Applicability to Users Outside the United States

If you are a user located outside the United States, these Terms shall apply to you to the fullest extent permitted by the laws of your jurisdiction.

  1. To the extent that any provision of these Terms would otherwise contravene, exclude, restrict or modify any rights, remedies, guarantees, conditions or warranties conferred on you by mandatory consumer protection laws applicable in your jurisdiction, such provision shall be read down, or if necessary deemed modified, to the minimum extent required to comply with such laws and shall not operate to exclude or limit any liability that cannot be lawfully excluded or limited (including, without limitation, liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation). Nothing in these Terms is intended to override or exclude any mandatory statutory rights or protections that apply to you as a purchaser in your jurisdiction.
  2. These Terms and any dispute or claim arising therefrom shall be governed by and construed in accordance with the laws of your jurisdiction, and you may bring proceedings in the courts of that jurisdiction. The mandatory arbitration provisions and class action waiver set forth in these Terms shall not apply to consumers located in your jurisdiction to the extent such provisions are prohibited or rendered unenforceable by applicable law in that jurisdiction; in such cases, disputes shall be subject to the jurisdiction of the courts specified in this section.
  3. Any contractual limitation period set forth in these Terms shall not apply to users in your jurisdiction to the extent a longer limitation period is mandated by applicable law, in which case the applicable statutory limitation period shall govern.

20. Entire Agreement

Our order confirmation, these Terms, the Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.