What we collect
We may collect the following information:
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
For the exhaustive list of cookies we collect see the List of cookies we collect section.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to PO Box 75 Blue Jay CA 92317.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
List of cookies we collect
The table below lists the cookies we collect and what information they store.
|COOKIE name||COOKIE Description|
|CART||The association with your shopping cart.|
|CATEGORY_INFO||Stores the category info on the page, that allows to display pages more quickly.|
|COMPARE||The items that you have in the Compare Products list.|
|CURRENCY||Your preferred currency|
|CUSTOMER||An encrypted version of your customer id with the store.|
|CUSTOMER_AUTH||An indicator if you are currently logged into the store.|
|CUSTOMER_INFO||An encrypted version of the customer group you belong to.|
|CUSTOMER_SEGMENT_IDS||Stores the Customer Segment ID|
|EXTERNAL_NO_CACHE||A flag, which indicates whether caching is disabled or not.|
|FRONTEND||You sesssion ID on the server.|
|GUEST-VIEW||Allows guests to edit their orders.|
|LAST_CATEGORY||The last category you visited.|
|LAST_PRODUCT||The most recent product you have viewed.|
|NEWMESSAGE||Indicates whether a new message has been received.|
|NO_CACHE||Indicates whether it is allowed to use cache.|
|PERSISTENT_SHOPPING_CART||A link to information about your cart and viewing history if you have asked the site.|
|POLL||The ID of any polls you have recently voted in.|
|POLLN||Information on what polls you have voted on.|
|RECENTLYCOMPARED||The items that you have recently compared.|
|STF||Information on products you have emailed to friends.|
|STORE||The store view or language you have selected.|
|VIEWED_PRODUCT_IDS||The products that you have recently viewed.|
|WISHLIST||An encrypted list of products added to your Wishlist.|
|WISHLIST_CNT||The number of items in your Wishlist.|
WSC Automated Collection
Third-Party Automated Collection and Interest-Based Advertising
WSC participates in interest-based advertising (IBA), also known as Online Behavioral Advertising. We use third-party advertising companies to display ads tailored to your individual interests based on how you browse and shop online. WSC adheres to the Digital Advertising Alliance (DAA) self-regulatory principles for IBA.
We allow third-party companies to collect certain information when you visit our websites or use our mobile applications. This information is used to serve ads for WSC products or services or for the products or services of other companies when you visit this website or other websites. These companies use non-personally-identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID) and personally identifiable information (e.g., static IP address) during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These parties typically use a cookie, web beacon or other similar tracking technologies to collect this information.
our do-not-track policy
Some browsers have a "do not track" feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser "do not track" signals, but we do provide you the option to opt out of interest-based advertising. To learn more about IBA or to opt-out of this type of advertising, visit the Network Advertising Initiative website and the Digital Advertising Alliance website. Options you select are browser- and device-specific.
mobile location information
user experience information
In order to improve guest online and mobile shopping experiences, help with fraud identification and assist our guest relations representatives in resolving issues guests may experience in completing online purchases, we use tools to monitor certain user experience information; including login information, IP address, data regarding pages visited and ads clicked, specific actions taken on pages visited (e.g. information entered during checkout process) and browser information.
Social Media Widgets
Our sites and mobile applications include social media features, such as the Facebook Like button, Google Plus, Pinterest and Twitter widgets. These features may collect information about your IP address and which page you’re visiting on our site, and they may set a cookie or employ other tracking technologies. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policies of the companies that provide them.
Social Media Ads
We may display WSC ads to you through social media platforms. These ads are sent to groups of people who share traits, such as likely commercial interests and demographics. For example, we may WSC guests who have expressed an interest in shopping for groceries, cosmetics, clothing, etc. We do not share any of your personal information, including your shopping history, with social media platforms. See the policies of each social media platform for additional information about these types of ads.
How is your information used?
Examples of how we use the information we collect include:
product & service fulfillment
- Fulfill and manage purchases, orders, payments and returns/exchanges
- Respond to requests for information about our products and services in our stores, or on our website, mobile website or mobile applications or to otherwise serve you
- Connect with you regarding guest service via our contact center, guest service desk or on social media or Internet chat platforms
- Provide services such as Gift Registry or a shopping list
- Administer sweepstakes and contests
- Conduct a transaction where we collect information required by law (for example, pseudoephedrine or age-restricted purchases)
- Allow you to, using our mobile applications: find a store nearest to your location via Store Finder, show you a map of the store (if available), sign up for coupons, search for products and check availability, check prices, provide product ratings and reviews, track your orders, scan a UPC barcode or QR code, use voice recognition to add to your list, update information, etc.
our marketing purposes
- Deliver coupons, mobile coupons, newsletters, in-store receipt messages, emails, mobile messages and social media notifications
- Provide interactive features of the website or mobile applications, such as product reviews or Weekly Ad, send marketing communications and other information regarding products, services and promotions
- Administer promotions, surveys and focus groups
- Improve the effectiveness of our website, stores, mobile experience and marketing efforts
- Conduct research and analysis, including focus groups and surveys
- Perform other business activities as needed, or as described elsewhere in this policy
prevention of fraud & other harm
- Prevent fraudulent transactions, monitor against theft and otherwise protect our guests and our business (e.g. product recalls)
- For example, assist law enforcement and respond to legal/regulatory inquiries
How is your information shared?
We do not disclose your private personal information except in the limited circumstances described here.Your Consent: We may share or disclose your information at your direction, such as when you authorize a third-party web client or application as login credentials when you register for Membership.
we may disclose information we collect when we believe disclosure is appropriate to comply with the law; to enforce or apply applicable terms and conditions and other agreements; to facilitate the financing, securitization, insuring, sale, assignment, bankruptcy or disposal of all or part of our business or assets; or to protect the rights, property or safety of our company, our guests or others.
In connection with the sale or transfer of some or all of our business assets, we may transfer the corresponding information regarding our guests. We also may retain a copy of that guest information.
What choices do you have?
If you do not wish to receive catalogs, coupons and other promotional postal mail, email product@THEWOMENSSHAVECLUB.COM with your first and last name and complete mailing address or call 1-(909)-273-6099
If you do not wish to receive promotional telephone calls, 1-(909)-273-6099
cookies, tracking & interest-based advertising
The help function of your browser should contain instructions on how to set your computer to accept all cookies, to notify you when a cookie is issued or to not receive cookies at any time. If you set your device to not receive cookies at any time, certain personalized services cannot be provided to you, and accordingly, you may not be able to take full advantage of all of our features (i.e. you will be able to browse the site, but will not be able to make a purchase).
Other Website Analytics Services
- To learn about Adobe Analytics privacy practices or to opt out of cookies set to facilitate reporting, click here.
- To learn more about Google’s privacy practices, click here. To access and use the Google Analytics Opt-out Browser Add-on, click here.
How do you access & update your personal information?
In order to keep your personal information accurate and complete, you can access or update some of it in the following ways:
- If you have created a WSC.com account, you can log in to review and update your account information, including contact, billing and shipping information.
- Email product@THEWOMENSSHAVECLUB.COM with your first and last name and complete mailing address or call 1-(909)-273-6099 with your current contact information and the personal information you would like to access. We will provide you the personal information requested if reasonably available, or will describe the types of personal information we typically collect
How is your personal information protected?
We maintain administrative, technical and physical safeguards to protect your personal information. When we collect or transmit sensitive information such as a credit or debit card number, we use industry standard methods to protect that information. However, no e-commerce solution, website, mobile application, database or system is completely secure or "hacker proof." You are also responsible for taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.
"Phishing" is a scam designed to steal your personal information. If you receive an email that looks like it is from us asking you for your personal information, do not respond. We will never request your password, username, credit card information or other personal information through email.
Children’s Personal Information
We recognize the particular importance of protecting privacy where children are involved. We do not knowingly collect personal information online from children under the age of 13. If a child under the age of 13 has provided us with personal information online, we ask that a parent or guardian email product@THEWOMENSSHAVECLUB.COM with your first and last name and complete mailing address or call 1-(909)-273-6099
How do you contact WSC?
WSC Executive Offices
P.O. Box 75
BLUE JAY CA 92137
last update: 2/22/2017
The Women’s Shave Club - Subscription Website Terms & Conditions
Last updated 11/3/2018
THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT” OR “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND THE WOMEN’S SHAVE CLUB, INC. (“WE”, “THE WOMEN’S SHAVE CLUB ”, THE “COMPANY”), THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND APPLICATION OF ALL SERVICES, FEATURES, GIFT CARDS, CREDITS AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE AND/OR APPLICATIONS (COLLECTIVELY, WITH THE SITE AND APPLICATIONS, THE “SERVICES”), AND YOUR PURCHASE OF THE SUBSCRIPTION/MS AND PRODUCTS SOLD THROUGH OUR SERVICES. BY ACCESSING AND USING ANY OF THE SERVICES, PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.
THE WOMEN’S SHAVE CLUB reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site or the App because your use of the Site or the App after the posting of changes will constitute your acceptance of the changes.
By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless THE WOMEN’S SHAVE CLUB if your child breaches or disaffirms any term or condition of this Agreement.
RAZORS, RAZOR BLADES, AND ASSOCIATED SHAVING PRODUCTS ARE INTENDED FOR ADULTS. THESE ITEMS SHOULD BE CONSIDERED EXTREMELY SHARP AND CAPABLE OF INFLICTING SERIOUS INJURY IF HANDLED IMPROPERLY. THE WOMEN’S SHAVE CLUB.INC d/b/a ASSUMES NO RESPONSIBILITY FOR THE MISUSE OF THESE ITEMS BY THE USER.
THE WOMEN‘S SHAVE CLUB may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.1 Personal Information
Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Subscription/MS (both as defined below in Section 3.1). THE WOMEN’S SHAVE CLUB reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that THE WOMEN’S SHAVE CLUB uses a third party payment processing service to process orders and bill fees to your credit, debit, or other Company accepted payment method (“Payment Method”).
2. TERMS OF SALE
2.1 Sales of Products and Subscription/MS to End Users Only
THE WOMEN’S SHAVE CLUB sells shaving razors and other shaving supplies (the “Product(s)”) to end-user customers who purchase monthly Subscription/MS to receive the Products (“Membership(s)”) only for their own personal, non-commercial use. You may not purchase Products or Subscription/MS for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
2.2 Pricing / Subscription Services
Pricing for Products and Subscription/MS (including any applicable shipping and handling fees) can be found on THE WOMEN’S SHAVE CLUB’s then-current pricing page located on the Site at: http://THEWOMENSHAVECLUB.COM/shaver. The price that we will charge you for the Products and Subscription/MS will be the price as posted on the Site on the date you first sign-up for a Membership to the Site. THE WOMEN’S SHAVE CLUB reserves the right to change prices for Products and Subscription/MS at any time, and does not provide price protection or refunds in the event of promotions or price decreases. Subscription Plans. We offer different subscription plans for our Subscription Services. For more information about these plans, please visit http://www.THEWOMENSSHAVECLUB.COM/howitworks
2.2.1 Continuous Subscriptions/Membership
When you purchase any of our Subscription Services, you expressly acknowledge and agree that THE WOMEN’S SHAVE CLUB is authorized to charge you a monthly or annual subscription service fee depending on the billing cycle you choose for as long as your subscription continues, and your subscription is continuous until you cancel it or such Subscription Service is suspended, discontinued or terminated in accordance with THE WOMEN’S SHAVE CLUB Terms of Service. THE WOMEN’S SHAVE CLUB’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Membership. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership, and you authorize THE WOMEN’S SHAVE CLUB or the third party payment processing service provider that we engage to charge your Payment Method for any such taxes and fees. All payments shall be made by your selected Payment Method in advance prior to shipping the Products. If you do not pay on time or if your Payment Method cannot be charged for any reason, THE WOMEN’S SHAVE CLUB reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service. All sales and payments will be in US dollars. The disbursement of the updated Payment Method information is provided to THE WOMEN’S SHAVE CLUB third party payment service provider at the election of your credit card and payment method issuer. THE WOMEN’S SHAVE CLUB third party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.
THE WOMEN’S SHAVE CLUB accepts various Payment Methods. You agree to pay all fees charged to your account based on THE WOMEN’S SHAVE CLUB third party payment service provider may receive updated Payment Method information from your credit card or payment method issuer
IMPORTANT NOTICE TO CONSUMER:
MONTHLY MEMBERSHIP RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH MONTH. THE WOMEN’S SHAVE CLUB will automatically renew your Membership on each monthly anniversary date of the Membership (or bi-monthly anniversary date, depending on the subscription selections you make) and, as authorized by you by checking the box demonstrating your consent for automatic monthly renewal of your Membership during the sign-up process, we will charge your Payment Method with the applicable Membership fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for one month.
If you are dissatisfied with one of our Products for any reason, THE WOMEN’S SHAVE CLUB will refund the amount paid for your most recent month of service. Refund requests must be made directly to THE WOMEN’S SHAVE CLUB at email@example.com. All refund requests must be made within thirty (30) days of the date of shipment by THE WOMEN’S SHAVE CLUB. THE WOMEN’S SHAVE CLUB is not liable for Products that are damaged or lost in transit to THE WOMEN’S SHAVE CLUB. Promptly following THE WOMEN’S SHAVE CLUB’s receipt of your request (typically within five (5) business days), THE WOMEN’S SHAVE CLUB will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, THE WOMEN’S SHAVE CLUB does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your credit card or payment method company if you have questions about the status of the chargeback.
THE WOMEN’S SHAVE CLUB will not provide a refund for a request that is received by THE WOMEN’S SHAVE CLUB more than thirty (30) days after the date of original shipment. THE WOMEN’S SHAVE CLUB also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
2.4. Membership Cancellation Policy and Pausing and Resuming Shipping
You may cancel your Membership at any time by logging on to your account page within thewomenshaveclub.com. To cancel a membership, please log in to your account on the Site and select the "membership options” and choose “close” option and follow the instruction. Cancellation requests received take effect the following month. Cancellation requests received by WSC through other channels may take up to five (7) days to process. If you have any problems, please email firstname.lastname@example.org . THE WOMEN’S SHAVE CLUB requires a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid
THE WOMEN’S SHAVE CLUB offers its members the ability to temporarily pause their WSC Memberships (“Pause Period”). During the Pause Period, members will remain active members, but they will not receive any WSC Products.
A Membership may be placed on a Pause Period for either a one or two month period. During the Pause Period, members will remain a member of WSC, continue to receive communications from WSC via email, but will not be charged any maintenance or membership fee. Members who are in a Pause Period may resume receiving WSC Products by logging into their account and Resuming shipping either immediately or on their original bill date. You may email any questions about the Pause Period to email@example.com
All shipments are sent Priority Mail or First-Class or USPS Parcel Lightweight mail via the US Postal Service. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
2.6 Gift Card Purchasing and Redemption:
2.7 Limitation of Liability & Gift Cards:
IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, UNLESS SUCH NON-FUNCTIONALITY IS DUE TO THE GIFT CARD BEING FULLY REDEEMED, OUR SOLE LIABILITY SHALL BE FOR THE REPLACEMENT OF SUCH GIFT CARD CODE.
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify THE WOMEN’S SHAVE CLUB if there is any unauthorized use of your password or if you know of any other breach of security in relation to the Services.
3.1 User License
Subject to your compliance with this Agreement, THE WOMEN’S SHAVE CLUB hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Services and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the Services (collectively, the “BLOG”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Services and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of THE WOMEN’S SHAVE CLUB or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Services or with any other person’s use of the Services; (d) track or seek to trace any information on any other person who visits the Site or Applications, or uses our Services; (e) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site, Applications, Services, or Content.
3.2 User Submissions
The Site may offer users the opportunity to post articles, comments, photographs, videos, artwork, and other content and other materials on the Site (collectively "User Submissions"). By making a User Submission, you grant to THE WOMEN’S SHAVE CLUB an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, exhibit and display such User Submissions throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without compensation or acknowledgement of its source. You further agree that THE WOMEN’S SHAVE CLUB is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to THE WOMEN’S SHAVE CLUB without any monetary or other obligation to you. To the maximum extent permitted by law, you waive any and all "moral rights" you may have in User Submissions.
You agree not to post on or transmit to the Site or otherwise provide to THE WOMEN’S SHAVE CLUB any User Submission or other material that:
- is unlawful; libelous; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially, ethnically, or otherwise objectionable in any manner;
- is an advertisement or promotion for any product or service that is not an approved THE WOMEN’S SHAVE CLUB product;
- is false, misleading, or constitutes an unfair or deceptive trade practice;
- promotes the use of alcohol, tobacco, or any illegal substance;
- constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
- infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights;
- is false or misleading; or
- contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment
You are solely responsible for your User Submissions and you agree to defend, indemnify and hold harmless THE WOMEN’S SHAVE CLUB and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages ("Claims") arising from your User Submission, including, but not limited to, any Claim arising out of breach of this Agreement or for infringement of copyright, trademark, patent or other proprietary rights. You understand and acknowledge that User Submissions may be published and that THE WOMEN’S SHAVE CLUB has no obligation to keep such User Submissions confidential. You further agree that any User Submission you provide does not contain any confidential, proprietary or trade secret information of any third party. THE WOMEN’S SHAVE CLUB shall have no obligation to store, keep copies of or return any User Submissions.
3.3 Copyright Complaints
THE WOMEN’S SHAVE CLUB respects the intellectual property of others and reserves the right to terminate any user's right to use or access to the Site if he or she has engaged in the violation of the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement and is located on Site, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") containing the following information to THE WOMEN’S SHAVE CLUB's designated copyright agent: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address
- A statement that your claim of infringement is based on a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information you have provided is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf of an exclusive right that is allegedly infringed.
3.4 Protection of Confidentiality and Intellectual Property Rights.
Notwithstanding the foregoing, THE WOMEN’S SHAVE CLUB may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction. THE WOMEN’S SHAVE CLUB is a trademark of THE WOMEN’S SHAVE CLUB in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole properties of THE WOMEN’S SHAVE CLUB, Copyright © 2016 THE WOMEN’S SHAVE CLUB, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
4. Third Party Web Sites
User agrees to indemnify and hold harmless THE WOMEN’S SHAVE CLUB, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "THE WOMEN’S SHAVE CLUB Parties") from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) arising from or related to the User's misuse of the Services or Products, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. THE WOMEN’S SHAVE CLUB reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. This provision does not require you to indemnify any THE WOMEN’S SHAVE CLUB Party for any unconscionable commercial practice by such party, or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact.
6. No Warranties
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE WOMEN’S SHAVE CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WOMEN’S SHAVE CLUB MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
11. No Liability:
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE THE WOMEN’S SHAVE CLUB PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ECONOMIC DAMAGES ARISING FROM THE USE OF THE APPLICATIONS, SITE, OTHER SERVICES OR CONTENT, THE INABILITY TO USE THE APPLICATIONS, SITE OR OTHER SERVICES OR CONTENT, OR DEVICE FAILURE OR MALFUNCTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER ECONOMIC DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, OR LOST PROFITS, EVEN IF A THE WOMEN’S SHAVE CLUB PARTY HAS BEEN’ ADVISED OF THE POSSIBILITY OF SUCH ECONOMIC DAMAGES,
THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY.
IF, NOTWITHSTANDING THE FOREGOING, A THE WOMEN’S SHAVE CLUB PARTY IS FOUND TO BE LIABLE FOR ANY ECONOMIC DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, APPLICATIONS OR OTHER SERVICES, THE RELEVANT THE WOMEN’S SHAVE CLUB PARTY’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID THE WOMEN’S SHAVE CLUB FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE; OR (B) THE SUM OF ONE HUNDRED DOLLARS (US $100). THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE APPLICATION, SITE, OTHER SERVICES OR CONTENT AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD.
12. Dispute and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights
Most customer concerns can be resolved quickly and to a customer's satisfaction by writing to our customer service department at firstname.lastname@example.org or THE WOMEN’S SHAVE CLUB, Mailing Address Attn: Customer Service, PO Box 75 , Blue Jay CA 92317. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO THE WOMEN’S SHAVE CLUB's ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award. We each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 8.2 below). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor THE WOMEN’S SHAVE CLUB has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to THE WOMEN’S SHAVE CLUB for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Los Angeles, CA, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the California Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys' fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and THE WOMEN’S SHAVE CLUB, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and THE WOMEN’S SHAVE CLUB.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and THE WOMEN’S SHAVE CLUB in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE WOMEN’S SHAVE CLUB WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: THE WOMEN’S SHAVE CLUB, PO Box 75, Blue Jay, California 92317within 30 days of purchasing a Membership. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to subparagraph xii below. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
13. Choice of Law
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
14. Electronic Communications
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
15. General Terms
16. Governing Law and Jurisdiction.
These Terms & Conditions are governed by the laws of the State of Montana without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Missoula County, Montana for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.