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Terms of Service (Effective July 17, 2019)
Last updated: July 17, 2019
Where permitted by applicable law, DSC may revise these Terms at any time by posting the revised Terms on our website, so you should check our website regularly for updates. Where applicable law requires that notice of any such revisions be provided to you, such notice will be provided in accordance with the law, and you may terminate your use of the DSC Services rather than accept the revisions. To the fullest extent permitted by applicable law, your continued usage of the DSC Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the DSC Services are protected by law, including, but not limited to, United States and Canadian copyright laws and international treaties.
The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the DSC Services for any reason.
DSC’s address is 13335 Maxella Ave., Marina del Rey, CA 90292. DSC may also be contacted by email at firstname.lastname@example.org
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH MAY AFFECT HOW DISPUTES WITH DSC ARE RESOLVED, DEPENDING ON THE JURISDICTION IN WHICH YOU RESIDE. UNLESS PROHIBITED BY LAW, BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 11). PLEASE READ IT CAREFULLY.
You must be at least the age of majority in the jurisdiction where you are accessing the DSC Services to visit or use the DSC Services in any manner. By visiting or using any of the DSC Services, you represent and warrant to DSC that you are the age of majority in the jurisdiction where you are accessing the DSC Services or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to DSC that you will use the DSC Services in a manner consistent with any and all applicable laws and regulations.
- USE OF THE DSC SERVICES
2.1 Use Restrictions
The content on the DSC Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from DSC’s licensors, and any other materials displayed through the DSC Services (collectively, the “Contents”) is protected by copyright under United States, Canadian and foreign laws. Title to the Contents remains with DSC or its licensors. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of DSC or its licensors.
DSC authorizes you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2019, Dollar Shave Club, Inc. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the DSC Services may be included elsewhere within the DSC Services and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to DSC and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
So long as you are in compliance with these Terms, DSC grants you a non-exclusive, limited, non-transferable license to use the DSC Services. You may not distribute or make the DSC Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the DSC Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the DSC Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by DSC that replace and/or supplement the original DSC Services, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without DSC’s written permission, “mirror” any Contents contained in the DSC Services on any other server. You hereby represent and warrant that you will not, and will not induce any third party to, use the DSC Services in any way that: (a) harasses, abuses, stalks, threatens, or defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses 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 DSC Services or Contents; (e) attempts to introduce viruses or any other harmful computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to disable or circumvent any security mechanisms used by the DSC Services or Contents or otherwise attempts to gain unauthorized access to any portion of the DSC Services or Contents or any other systems or networks connected to the DSC Services, or to any server of Dollar Shave Club or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to DSC user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) is for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.
Where permitted by applicable law, DSC reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the DSC Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
2.2 User Submissions
Except as provided under Submission of Ideas (Section 2.3 below), DSC does not claim ownership of any information or material a user provides to DSC or posts, uploads, input, submits, or transmits to the DSC Services (“Submission(s)”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, colour, sexual orientation, national origin, religious views, or disability; in violation of local, state, provincial, territorial, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collect information about others, including email addresses, without their consent; (g) post the same note more than once or engage in “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the DSC Services, or which, in the judgment of DSC, exposes DSC or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by DSC. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—DSC a royalty-free, perpetual, irrevocable, worldwide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, DSC is not required to use any Submission.
You are solely responsible for your Submissions, the consequences of making a Submission, and your reliance on any Submissions. DSC is not responsible for the consequences of any Submission. DSC is not responsible for screening or monitoring Submissions made to the DSC Services by users. If notified by a user of a Submission allegedly in violation of these Terms, DSC may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. DSC will have no liability or responsibility to users for performance or nonperformance of such activities.
DSC reserves the right (but is not obligated) to: (a) record the dialogue on the DSC Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the DSC Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the DSC Services, regardless of whether such Submission violates these Terms.
2.3 Submission of Ideas
DSC policy is to not accept, review, or consider unsolicited ideas, original creative artwork, suggestions or other works (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names) (collectively, “Ideas”). Please do not submit any Ideas in any form to DSC. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of DSC’s products, services or marketing strategies might seem similar to ideas submitted to DSC.
Notwithstanding such policy, any Ideas that are offered or communicated to us through the DSC Services or otherwise shall be the property of DSC, and may be treated by DSC as non-confidential information. You agree that: (a) any Idea (including its complete contents) by you to DSC will automatically become the property of DSC, without any compensation to you; (b) DSC may use or redistribute any Ideas and their contents for any purpose and in any way, without any compensation to you; (c) DSC has no obligation to review any Ideas; and (d) DSC has no obligation to keep any Ideas confidential, and no confidential relationship may be established by or inferred from any such Ideas to, or the consideration of your Ideas by, DSC. In jurisdictions where such a grant of property rights is not effective under the applicable law, by submitting any Idea, you: (i) grant us a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, such Idea (in any format or media); and (ii) waive all moral rights in and to such Idea in favor of DSC.
2.4 Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. DSC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
- TERMS OF SALE
3.1 Sale of Products and Memberships
DSC sells shaving razors and other grooming supplies (the “Product(s)”) to end-user customers (“Members”), including customers who purchase a recurring membership plan to receive Products on a schedule they choose from the options DSC makes available (“Membership”). Products are only for Members’ own personal, non-commercial use. You may not purchase Products or Memberships 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.
3.2 Placing an Order
We will contact you if your order is not accepted. This will usually be because (a) Products you have ordered are unavailable; (b) we cannot authorize your payment; (c) you are not allowed to buy Products or Membership from us or we are not allowed to sell Products or Membership to you; or (d) there has been a mistake in the pricing or description of the Products or the Membership you have ordered.
Our acceptance of your order will take place only when we have received payment from you and dispatched your initial Products. Please note that you have legal rights to cancel and we set those out in Section 4.3.
If any problems arise with your order, or with the shipping address or Payment Method (as defined below) associated with your Membership, and DSC is unable to resolve the problem, we may notify you via email using the address associated with your Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to deliver future Products until the problem has been resolved.
3.3 Products and Product Pricing
Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on the DSC Services. The price that we will charge you for the Products and Membership depends on the Membership you choose, including the number of Products you select for each box (each, a “Box”). The price that we initially charge you for the Products and Memberships will be the price as posted on the DSC Services on the date you first sign-up for a Membership. All amounts are in Canadian dollars unless otherwise stated. You may view or customize the Products in each Box by logging into your account and visiting the ‘Box’ page. If you add to or remove Products from a Box, or change your Membership, this may change the price that we will charge you for the Products and Box.
We reserve the right, in our sole and absolute discretion, to change all or any portion of these Terms of Service and Memberships, including, but not limited to, the prices for Products and Memberships, at any time and without incurring any liability or obligation whatsoever to you or any other person or entity. We do not provide price protection or refunds in the event of promotions or price decreases. However, where you have a recurring Membership with us, we will provide you with written notice no later than thirty (30) days before the change comes into force by sending you an email, or using any other contact information we have for you in our discretion – which notice, where required by applicable law or at our discretion, will set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. You may refuse the change and rescind, or cancel your Membership without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the change comes into force, using the information provided in the notice, if required by applicable law or if the change results in increased obligations to you or a reduction of obligations on us. For instance, if we increase the price of our Product(s) and you do not wish to continue to receive the relevant Product(s) at the increased price, then you must permanently remove the Product(s) from your Box or cancel your Membership in accordance with Section 4.3 below. To the fullest extent permitted by applicable law, you must do this at least one (1) working day before the first date we dispatch Products to you after the price change takes effect. Please note that if you are a consumer resident in the province of Quebec, you have 30 days as of the price change to cancel or stop your Membership. Unless you permanently remove the relevant Product(s) or cancel your Membership, you will be charged the increased price for the Product(s) for all deliveries of the Product(s) after the date on which the price change takes effect. To the fullest extent permitted by applicable law, your continued access to and/or use of the DSC Services and/or Membership after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, these Terms of Service, as modified.
3.4 Trials and Promotions
Your Membership may (at DSC’s option) start with a promotional trial period, allowing you to receive your first shipment at a reduced price or to otherwise receive trial product(s) at a reduced price (“Trial”). You may also choose to add additional Products to your Box on a one-time or recurring basis (“Add-On Products”). During the Trial period, your Payment Method (as defined below) will be charged for only the Trial price and shipping and taxes (if applicable) and any Add-On Products selected. For combinations with other promotions and offers, restrictions may apply. DSC reserves the right, in its sole discretion, to determine your Trial eligibility.
Thereafter, you will receive full-size Products shipped regularly based on the Membership and/or Products you choose at the time you signed up for the Trial (each a “Restock Box”). DSC will bill your credit, debit, or other DSC-accepted payment method (“Payment Method”) for the applicable Restock Box based on your Membership and any Add-On Products you select for each Box in accordance with Section 4.1, unless you cancel your Membership in accordance with Section 4.3.
To view the specific details of your Membership, including frequency of shipments and next ship date, visit our website and click the ‘Your Account’ page. To view your next Box price, Box contents, and ship date, click on ‘Box’. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your Trial period.
You will not receive a notice from us that your promotional (reduced Trial) pricing has ended or that the standard rate portion of your Membership has begun. To avoid being charged after the expiration of your Trial, you must cancel your Membership prior to the end of the Trial. After the Trial, we will continue to charge your Payment Method for your Membership fee until you cancel your Membership.
DSC reserves the right, in its absolute discretion, to withdraw or modify any Product, Membership, Trial or other offer or promotion at any time without prior notice and with no liability, where it is lawful to do so. Any and all Products, Memberships, offers, or promotions advertised on the DSC Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
If you are dissatisfied with any of our Products for any reason, we will refund the amount paid for the Product(s) in your most recent delivery (if you received a discount, then the amount we will refund is the discounted price) if you provide notice to us as described below. Refund requests must be made directly to us at email@example.com within 30 days of the date of shipment. If we ask you to do so, you must return the Product(s) in accordance with the instructions which we give you. We are not liable for Products that you return to us which are damaged or lost in transit to DSC, so we advise you to return your Product(s) using a tracked delivery method. Promptly following DSC’s receipt of your request (typically within five (5) business days), or, if applicable, promptly following return of your Product(s), DSC will credit the amount paid for the returned Product(s) (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, DSC does not control when a specific credit card or Payment Method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback.
We will not provide a refund for a request that is received by DSC more than 30 days after the date of original shipment. We also do not provide a refund for Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
- MEMBERSHIP TERMS AND CANCELLATION POLICY
4.1 Recurring Membership; Automatic Renewal
YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS
When you sign up for a Membership, you will have the opportunity to choose (a) the Products included in each Restock Box (subject to availability); and (b) the frequency of each delivery/payment under your Membership, from the options provided at the time you sign up. Your Restock Box shipping frequency will be two (2) months unless you choose a different option at the time you sign up or you change it in accordance with these Terms.
DSC will automatically renew your Membership and charge your Payment Method depending on the Membership and/or Restock Box shipping frequency chosen by you, unless we or you cancel your Membership in accordance with these Terms.
Your Payment Method will be charged at least one full business day prior to your next Box shipping date. We will charge your Payment Method with the applicable cost of your Restock Box, excluding any Products you 'snooze' or remove in accordance with these Terms, plus any Products you choose and any shipping and handling costs and sales or similar taxes that may be charged with your Membership. You authorize this renewal by agreeing to the automatic renewal of your Membership and these Terms during the Member sign-up process.
To avoid being charged, you must cancel your Membership in according with Section 4.3. We will continue to bill your Payment Method on a recurring basis (depending on the Membership and Box shipping frequency selected) until you cancel.
4.2 Pausing and Resuming Products; Discontinuing Products
Your right to pause Products
DSC offers its members the ability to temporarily pause (or ‘snooze’) any one or more Products included in their Memberships (“Pause Period”)—you can do this by logging into your account and visiting the ‘My DSC’ pages. During the Pause Period, Members will remain active Members, but they will not receive the Product(s) which they have paused in their next delivery of a Restock Box. During the Pause Period, Members will remain a member of DSC, continue to receive communications from DSC via email, and continue to receive (and be charged for) the delivery of any Restock Boxes (with the exception of the paused Product(s).
The amount we charge your Payment Method will be reduced, for your next Restock Box, to reflect the fact that we will not be delivering the paused Product. If you are entitled to a discount, based on the number of Products in your Restock Box, under a DSC promotion, then that discount will be recalculated for your next delivery, based on the number of Products in your Restock Box, excluding the paused Product(s).
Requests to pause a Product must be received at least one full working day prior to your next dispatch date to take effect for that delivery. Otherwise that request will take effect on the following delivery.
Following the delivery for which you paused a Product, the Pause Period will end and the Product which you paused will be included in subsequent deliveries of your Restock Box (unless you pause it again or permanently remove it in accordance with these Terms). You may email any questions about the Pause Period to us at firstname.lastname@example.org.
Our right to pause or discontinue Products
From time to time, we may pause a Product included in your Restock Box—for example if there is no availability of that Product at the time of shipping. We may permanently discontinue Products included in your Membership from time to time. If this applies to you, then we will send you an email, using the email address we hold for you, in accordance with Section 3.3, above. Your Payment Method will not be charged for Products which are not included in your Restock Box, either because we have paused them or because they have been discontinued.
4.3 Membership Cancellation
Cancellation by Us
We may cancel your Membership at any time if you do not make any payment to us when it is due and you still do not make payment within sixty (60) days of us reminding you that payment is due. We reserve the right to not dispatch any Products or Box to you unless your payment for those Products, or that Box, has cleared.
We may also cancel your Membership at any time if any of the following conditions are met: (a) if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s), for example, your postal address; (b) if you do not, within a reasonable time, allow us to deliver the Product(s) to you; or (c) if we suspect that a purchase was fraudulently made or an account was fraudulently set up.
Cancellation by You
You may cancel your Membership at any time by logging on to your account page on the DSC website. To cancel a membership, please log in to your account and select the ‘Membership Settings’ link at the bottom of the page, then follow instructions towards cancellation. Cancellation requests submitted in this manner must be received at least one full business day prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received after that shall take effect the following month. To the fullest extent permitted by applicable law, cancellation requests received by DSC through any other channels which DSC makes available to you for this purpose may take up to five (5) business days to process—you may be charged for your next delivery if your cancellation request is not received in time for processing before your next delivery date. If you have any problems, please email us at email@example.com.
If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term.
4.4 DSC Referral Program
DSC may offer a referral program (“Referral Program”) that provides its Members the opportunity to offer their friends, family, or other individuals (“Prospective Members”) with a unique referral ID link (“Personal Referral Link”) that a Prospective Member can use to sign up for a Membership. For each Qualified Referral generated through the Member’s Personal Link, the Member may receive a credit. DSC reserves the right to terminate this Program at any time for any reason, or disqualify any Member or Prospective Member at any time from participation in the Program, pursuant to the amendment provision set out at Section 3.3, above. Members and Prospective Members who wish to take part in the Referral Program are bound by these Terms, in addition to the Referral Program terms and conditions. To review the Referral Program terms and conditions, please visit here. You can check your Personal Referral Link by visiting ca.dollarshaveclub.com/invite.
- LIABILITY OF DSC AND ITS LICENSORS AND PARTNERS
The use of the DSC Services and the Contents are at your own risk. The Contents could include technical inaccuracies or typographical errors. DSC may make changes or improvements at any time.
Quebec’s Consumer Protection Act (CQLR c P-40.1) provides QUEBEC RESIDENTS with certain rights, including guarantees as to acceptable quality, safety, durability, accurate description and against hidden defects. Nothing in these conditions is intended to limit or replace any rights under the Consumer Protection Act (CQLR c P-40.1), and to the extent that they are not permitted by law, the below exclusions do not apply to quebec residents. in all jurisdictions where permitted by law, THE CONTENTS AND THE DSC SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DSC DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES IN CONNECTION WITH THE DSC SERVICES AND THE PRODUCTS, INCLUDING THOSE OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DSC DOES NOT WARRANT THAT THE DSC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DSC SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DSC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE DSC SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DSC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
AS IT RELATES TO USERS IN QUEBEC, NOTHING IN THIS SECTION SHALL LIMIT DSC’S LIABILITY WITH RESPECT TO THE CONSEQUENCES OF ITS OWN ACTS OR THE ACTS OF ITS REPRESENTATIVES.
- CONTACT WITH THIRD PARTIES AND THIRD-PARTY WEBSITES
The DSC Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). DSC does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. DSC is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the DSC Services. You agree that DSC shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third-party, or as a result of the presence of such third-party on the DSC Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the DSC Services does not indicate DSC’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third-party on the DSC Services, or based on such third-party’s participation or presence on the DSC Services, are solely between you and the third-party. DSC makes no representations or warranties with respect to the content, ownership, or legality of any such linked third-party website. If you choose to leave the DSC Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
You agree to defend, indemnify, and hold DSC, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents/mandataries, successors, and assigns (collectively, the "Dollar Shave Club Parties") harmless from and against any claims, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the DSC Services or Contents, or your violation of these Terms. DSC 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.
- MODIFICATION OR SUSPENSION OF THE DSC SERVICES
As it relates to users in Quebec, nothing in this Section shall limit DSC’s liability with respect to the consequences of its own acts or the acts of its representatives. To the fullest extent permitted by applicable law, you agree that DSC may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the DSC Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
DSC makes no claims that the Contents are appropriate or may be downloaded outside of Canada. Access to the Contents may not be legal by certain persons or in certain countries. If you access the DSC Services from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of DSC and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.
You may not transfer any of your rights under these Terms to any other person. We may transfer any of our rights under these Terms to any person or ask any person to fulfil any aspect of our obligations so long as performance of those obligations is not affected.
- CHOICE OF LAW
For users who are not individuals resident in the Province of Quebec, these Terms are governed in accordance with the laws of the state of California, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
For users who are individuals resident in the Province of Quebec, these Terms are governed in accordance with the laws of the province of Quebec, Canada and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER
Please read this Section 11 (“Arbitration Agreement”) carefully. It is part of your contract with DSC and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER IN THE UNITED STATES ONLY. SEPARATE DISPUTE RESOLUTION TERMS BELOW APPLY TO RESIDENTS OF CANADA.
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 Dollar Shave Club, Attn: Customer Service, 13335 Maxella Ave, Marina del Rey, California 90292, or 1-800-372-7797. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 11 govern dispute resolution between us.
Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and DSC or DSC's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or DSC may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND DSC ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.
You and DSC must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) DSC will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, DSC will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in California.
Applicable to Canada: After any dispute arises, the parties involved in the dispute may agree to resolve the dispute using arbitration. If the parties elect to use arbitration, disputes shall be referred to ADR Institute of Canada. For a copy of the procedure to file a claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.
- NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION
If you believe any Submission accessible on or from the DSC Services infringes your copyright, you should notify DSC of your infringement claim in accordance with the procedures below:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
- Your name, address, telephone number, and (if available) email address;
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent/mandatary, or the law;
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
We will process each notice of alleged infringement that DCS receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to DSC’s copyright agent at email@example.com (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
Dollar Shave Club, Inc.
13335 Maxella Avenue
Marina del Rey, CA 90292
Facsimile: (310) 822-6342
In an effort to protect the rights of copyright owners, DSC maintains a policy of termination, in appropriate circumstances, of users of the DSC Services who are repeat infringers.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of DSC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
- COMPLETE AGREEMENT
You hereby confirm that you have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language. Par les présentes, vous confirmez avoir expressément exigé que la présente convention et tous les autres documents ou avis qui y sont afférents soient rédigés en anglais.