Terms of Service
Last updated: October 30, 2020
Bath Club may revise these Terms at any time. Your continued usage of the Bath Club Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the Bath Club Services are protected by law, including, but not limited to, United States copyright laws and international treaties.
So long as you are in compliance with these Terms, Bath Club grants a non-exclusive limited, non-transferable license to use the Bath Club Services. You may not distribute or make the Bath Club 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 Bath Club Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Bath Club 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 Bath Club that replace and/or supplement the original Bath Club 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 Bath Club’s written permission, “mirror” any Contents contained in the Bath Club Services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to, use the Bath Club Services in any way that: (a) harasses, abuses, stalks, threatens, 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 Bath Club 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) attempt to disable or circumvent any security mechanisms used by the Bath Club Services or Contents or otherwise attempt to gain unauthorized access to any portion of the Bath Club Services or Contents or any other systems or networks connected to the Bath Club Services, or to any server of Bath Clubor its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to Bath Club 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.
After the Trial period, Members 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”). Bath Club will bill your credit, debit, or other Bath Club-accepted payment method (“Payment Method”) for the applicable Restock Box – based on the Product(s), Membership type, and frequency you selected, and any Add-On Products you select for each Box – at the end of the Trial period, unless you cancel your Membership prior to the end of the Trial Period 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 to cover your Membership 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 (depending on your Membership selection) until you cancel your Membership.
Bath Club reserves the right, in its absolute discretion, to withdraw or modify any Product, Membership, Trial, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Memberships, offers, or promotions advertised on the Bath Club Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
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(s). If you are entitled to a discount, based on the number of Products in your Restock Box, under a Bath Club 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 shipping date to take effect for that delivery. Pause requests received by Bath Club through other channels (for example, by email to firstname.lastname@example.org) may take up to five (5) business days to process. Otherwise that request will take effect on the following delivery.
12. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER
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 Bath Club 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) Bath Club 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, Bath Club 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.
13. NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION
In an effort to protect the rights of copyright owners, Bath Club maintains a policy for the termination, in appropriate circumstances, of users of the Bath Club Services who are repeat infringers.
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