THE WOMEN’S  SHAVE CLUB - SUBSCRIPTION WEBSITE TERMS & CONDITIONS

Last updated 11/3/2018

By accessing, browsing or using this Site or the App, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not use or access this Site.

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.

1. SERVICE

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”).

1.2 PRIVACY

By using any Services and/or purchasing a Membership you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in detail in our Privacy Policy (available for your review at http://THEWOMENSHAVECLUB.COM/theprivacypolicy). Irrespective of which country you reside in or supply information from, you authorize THE WOMEN’S SHAVE CLUB to use your information in the United States and any other country where THE WOMEN’S SHAVE CLUB operates as described herein. Accordingly, please be sure to read our Privacy Policy before using the Services or submitting information to us. If you have any questions regarding our privacy practices, please email us at: wehelp@thewomensshaveclub.com

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.

2.3 REFUNDS

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 support@thewomensshaveclub.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 wehelp@thewomensshaveclub.com . 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 wehelp@thewomenshaveclub.com

2.5 SHIPPING

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:

By purchasing THE WOMEN’S SHAVE CLUB Gift Cards ("Gift Cards"), you agree and represent that your use of the Gift Cards will comply with this Agreement and all applicable laws, rules, and regulations, and that you will not use the Gift Cards in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or THE WOMEN’S SHAVE CLUB, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other THE WOMEN’S SHAVE CLUB-related entity. A Site account is not required in order to purchase a Gift Card. If the Gift Card is purchased for an individual other than you, the recipient of the Gift Card shall be notified via email at the email address you provide during the purchase. In the event the recipient does not have a Site account at the time of receiving the email, they will be prompted to create a Site account in order to redeem the Gift Card. A Site account is required in order to redeem a Gift Card. The amount of the Gift Card you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the Gift Card.Personal information that you provide in connection with the purchase of Gift Cards will be governed by the THE WOMEN’S SHAVE CLUB Privacy Policy. Gift Cards and WSC Credits may only be redeemed toward the purchase of eligible products on the Site. Redemption of Gift Cards on the Site is subject to change in THE WOMEN’S SHAVE CLUB's sole discretion. Purchases are deducted from the Gift Card balance. Any unused balance will be placed in the recipient's THE WOMEN’S SHAVE CLUB account (“WSC Credits Balance Display”) when redeemed. If an order exceeds the amount of the Gift Card, the balance must be paid with a Payment Method or other payment method accepted by THE WOMEN’S SHAVE CLUB.

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.

3. PASSWORD

You may log in to the Site and Applications by using your login credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Facebook (“Third Party Site Login Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this Site to be shared with your contacts in your third party Site account (as further detailed in our Privacy Policy, at http://THEWOMENSSHAVECLUB.COM/theprivacypolicy). Notwithstanding the foregoing, you agree that your use of any third party website through which you log in to our Site and Applications using your Third Party Site Login Credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies.

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:

  1. is unlawful; libelous; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially, ethnically, or otherwise objectionable in any manner;
  2. is an advertisement or promotion for any product or service that is not an approved THE WOMEN’S SHAVE CLUB product;
  3. is false, misleading, or constitutes an unfair or deceptive trade practice;
  4. promotes the use of alcohol, tobacco, or any illegal substance;
  5. constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
  6. infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights;
  7. is false or misleading; or
  8. 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;

  1. 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
  2. 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;
  3. Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address
  4. 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
  5. 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

The Site may provide links to third party Sites that are not owned or controlled by THE WOMEN’S SHAVE CLUB including, without limitation, Facebook, Twitter and LinkedIn ("Third Party Sites"). We provide such links solely as a convenience to you. THE WOMEN’S SHAVE CLUB does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third Party Sites' password and account security policies and user-generated content posting and acceptable use policies.

5. INDEMNIFICATION

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.

9. SEVERABILITY.

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.

10. WAIVER.

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 wehelp@thewomenshaveclub.com 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

THE WOMEN’S SHAVE CLUB may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site, Applications, or other Services including any account thereon, without notice, for any reason in THE WOMEN’S SHAVE CLUB’s sole discretion, including without limitation breach of this Agreement, THE WOMEN’S SHAVE CLUB’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to THE WOMEN’S SHAVE CLUB or another user of the Services. This Agreement and the Privacy Policy constitute the entire agreement between you and THE WOMEN’S SHAVE CLUB regarding its subject matter. THE WOMEN’S SHAVE CLUB will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of THE WOMEN’S SHAVE CLUB to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Subject to section 10.1.vi, if any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. The parties acknowledge and agree that this Agreement and all related documents that may be drawn up are only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified THE WOMEN’S SHAVE CLUB Party shall be a third party beneficiary hereunder. THE WOMEN’S SHAVE CLUB may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, THE WOMEN’S SHAVE CLUB’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Applications, other Services, Content, Products or Memberships shall survive such termination.

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.