Terms of Service

Last updated: October 30, 2020 


This Terms of Service Agreement (“Terms”) governs your use of The Bath Club, Inc. (“Bath Club,” “Bath Club”, “we,” “our” or “us”) websites, branded pages on third party platforms (i.e., social networking services), mobile applications, and through our direct marketing campaigns or other online communications, as well as offline through our Member Services Team, events, physical retail locations, and mobile messaging services (collectively, “Bath Club Services”), and your purchase of the Memberships and Products sold through the Bath Club Services. By using the Bath Club Services, you agree, without limitation or qualification, to be bound by these Terms and the Bath Club Privacy Policy. If you do not agree, please do not use the Bath Club Services. 

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. 

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Bath Club Services for any reason.
 PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH BATH CLUB ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 12). PLEASE READ IT CAREFULLY. 


1. ELIGIBILITY
 You must be 18 years of age or older to visit or use the Bath Club Services in any manner. By visiting and/or using the Bath Club Services or accepting the Terms, you represent and warrant to Bath Club that you are 18 years of age 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 Bath Club that you will use the Bath Club Services in a manner consistent with any and all applicable laws and regulations. 


2. USE OF THE BATH CLUB SERVICES
2.1 Use Restrictions
 The content on the Bath Club Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from Bath Club’s licensors, and any other materials displayed through the Bath Club Services (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with Bath Club 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 Bath Club or its licensors.
 Bath Club 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 © 2020, The Bath 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 Bath Club Services may be included elsewhere within the Bath Club 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 Bath Club 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, 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.

 Bath Club reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the Bath Club 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
 The personal information you submit to Bath Club is governed by the Bath Club Privacy Policy. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Privacy Policy shall govern.
Except as provided under Submission of Ideas (Section 2.3 below), Bath Club does not claim ownership of any information or material a user provides to Bath Club or posts, uploads, inputs, submits, or transmits to the Bath Club 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, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, 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 collects information about others, including email addresses, without their consent; (g) post the same note more than once or “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Bath Club Services, or which, in the judgment of Bath Club, exposes Bath Club 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 Bath Club. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Bath Club 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, Bath Club 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. Bath Club is not responsible for the consequences of any Submission. Bath Club is not responsible for screening or monitoring Submissions made to this Bath Club Services by users. If notified by a user of a Submission allegedly in violation of these Terms, Bath Club may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Bath Club will have no liability or responsibility to users for performance or nonperformance of such activities.
 Bath Club reserves the right (but is not obligated) to: (a) record the dialogue on the Bath Club 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 Bath Club 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 Bath Club Services, regardless of whether such Submission violates these Terms. 


2.3 Submission of Ideas
 Bath Club 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, new artwork or other works, or new product names) (collectively, “Ideas”). Please do not submit any Ideas in any form to Bath Club. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Bath Club’s products, services or marketing strategies might seem similar to ideas submitted to Bath Club. Notwithstanding such policy, any Idea that is offered or communicated to us through the Bath Club Services or otherwise shall be the property of Bath Club, and may be treated by Bath Club as non-confidential information. You agree that: (a) any Idea (including its complete contents) by you to Bath Club will automatically become the property of Bath Club, without any compensation to you; (b) Bath Club may use or redistribute any Idea and its contents for any purpose and in any way, without any compensation to you; (c) Bath Club has no obligation to review any Idea; and (d) Bath Club has no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, Bath Club.


2.4 Your Account
If you use the Bath Club Services, 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. Bath Club reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders or shipments in its sole discretion. 


3. TERMS OF SALE
3.1 Introduction
Bath Club sells shaving razors, grooming supplies, and other personal care products (the “Products”) to end-user customers, including customers who purchase a recurring membership plan (“Members”) to receive Products on a schedule they choose from the options Bath Club makes available (the “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
To place an order for Product(s) and Membership, you will need to register for an account with us. You will need to provide some personal information on registering—please see our Privacy Policyfor details on how we use your information. Once you have registered with us, you will be able to order Products and Membership from us. You submit your order by clicking on the ‘Complete Order' button (please note that your Membership may be a recurring subscription as set out in these Terms). You should check your order and the information provided about your Membership carefully before you submit your order. Once you have submitted your order, we will send you an email to acknowledge and summarize your order. This does not mean that we have accepted your 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 shipped your initial Products.
 If any problems arise with your order, or with the shipping address or Payment Method (as defined below) associated with your Membership, and Bath Club is unable to resolve the problem, we may notify you via email using the email 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
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”). Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on the Bath Club Services. You may view or customize the Products in each Box by logging into your account and visiting the ‘Box’ page. If you add 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 prices for Products and Memberships, at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases. If 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. You must do this at least one working day before the first date we ship Products to you after the price change takes effect. 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. 

3.4 Memberships and Promotions
Your Membership may (at Bath Club’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 or Membership 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 any shipping and taxes, if applicable, and any Add-On Products selected. For combinations with other promotions and offers, restrictions may apply. Bath Club reserves the right, in its sole discretion, to determine your Trial eligibility. 

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. 


3.5 Processing Orders
 If any problems arise with your order, or with the shipping address or Payment Method associated with your Membership, and Bath Club is unable to resolve the problem, we may notify you via e-mail 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 process future Restock Boxes until the problem has been resolved. 


3.6 Refunds
 If you are dissatisfied with one of our Products, we will refund the amount paid for that Product in your most recent Box received (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 info@bathclub.com within 30 days of the date of shipment by Bath Club. We are not liable for Products that you return to us that are damaged or lost in transit to Bath Club, so we advise you to return your Product using a tracked delivery method. Promptly following Bath Club’s receipt of your request (typically within five (5) business days), or, if applicable, promptly following return of your Product, Bath 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, Bath Club 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 Bath Club more than 30 days after the date of original shipment. We also do not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use. Finally, we do not provide a refund for returned Product requests that are abusive or unfairly taking advantage of our policy, including but not limited to, repeat refund requests on the same Product or repeat refund requests without return of the applicable Product.


3.7 Gift Cards
 The risk of loss and title to gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Bath Club shall have the right to refuse service, suspend or terminate accounts or memberships or any related account(s), cancel orders or Box shipments, or recoup the amount of the Gift Card by charging the amount from the Payment Method supplied, in each case in its sole discretion, if Bath Club suspects a Gift Card is being redeemed and/or used in a fraudulent manner to make purchases on the Bath Club Services. For full terms and conditions related to gift cards, please visit here. 


4. 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 default 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.
Bath Club will automatically renew your Membership and charge your Payment Method depending on the Membership and/or Restock Box shipping frequency chosen by you and, 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 recurring cost for your Restock Box, and any Add-On Products, excluding any Products you ‘snooze’ or remove in accordance with these Terms, plus 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 accordance 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 Membership; Discontinuing Products
Your ability to pause Products
 Bath Club 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 Bath Club’ or ‘Box’ 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 continue to receive communications from Bath Club 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(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 info@bathclub.com) may take up to five (5) business days to process. 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 info@bathclub.com.
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. 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 or Modifications
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 ship 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 shipping 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 or Modification by You
 You may cancel your Membership at any time by logging into your ‘Account’ on the Bath Club website. Then, click the ‘Membership Settings’ link at the bottom of the page, and then click ‘cancel’. You must submit your cancellation request at least one full business day prior to your next Box shipping date to avoid being charged for that Box. It may take up to five (5) business days to process cancellation requests submitted through other channels that Bath Club makes available, such as by email. 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 questions or issues, please email us at info@bathclub.com. If you cancel or modify your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term for which you have paid.


4.4 Bath Club Referral Program
Bath Club may offer a referral program (“Referral Program”) that allows Members to earn promotional credits towards a future purchase of Products by referring their friends, family, or other individuals to Bath Club. For details about our Referral Program, please review our Referral Program Terms and Conditions. Bath Club reserves the right to terminate the Referral Program at any time for any reason, or disqualify any Member or prospective member at any time from participation in the Referral Program. 

5. Bath Club SMS TERMS AND CONDITIONS
 If you would like to receive text messages about your box status, account notifications, and other special offers and announcements, you may sign up by visiting your Member account page and providing your consent to receive autodialed texts from or on behalf of us at the mobile number you’ve provided to opt-in. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to unsubscribe, you can follow the instructions provided in those messages or otherwise text “STOP” to 69372. If you have any questions, you may reply HELP to any Bath Club alert or contact our customer service department at info@bathclub.com. 


6. LIABILITY OF Bath Club AND ITS LICENSORS AND PARTNERS
The use of the Bath Club Services, including the Contents, is at your own risk. The Contents in the Bath Club Services could include technical inaccuracies or typographical errors. Bath Club may make changes or improvements at any time.
THE CONTENTS AND THE Bath Club SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Bath Club DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Bath Club DOES NOT WARRANT THAT THE Bath Club SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Bath Club SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Bath Club DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE Bath Club SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Bath Club) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Bath Club ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF DATA, DAMAGE TO PROPERTY AND EXPENSES, LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY Bath Club, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY. 


7. CONTACT WITH THIRD PARTIES AND THIRD-PARTY WEBSITES
The Bath Club 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”). Bath Club does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Bath Club is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Bath Club Services. You agree that Bath Club 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 Bath Club Services.
 The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Bath Club Services does not indicate Bath Club’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 Bath Club Services, or based on such third-party’s participation or presence on the Bath Club Services, are solely between you and the third party. Bath Club 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 Bath Club Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk. 


8. INDEMNITY
 You agree to defend, indemnify, and hold Bath 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 "Bath ClubParties") 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 Bath Club Services and/or Contents, or your violation of these Terms. Bath 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. 


9. MODIFICATION OR SUSPENSION OF THE BATH CLUB SERVICES
 You agree that Bath Club may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Bath Club Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you. 


10. GENERAL
 Bath Club makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Bath Club Services from outside the United States, 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 Bath Club and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement. 


11. CHOICE OF LAW
 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. 


12. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER

Please read this Section 12 (“Arbitration Agreement”) carefully. It is part of your contract with Bath Cluband affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
 Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at info@bathclub.com or Bath Club, Attn: Customer Service, 2018 SE 6th Ave Portland, OR 97214. 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 12 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 the Bath Club or Bath Club’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Bath Club 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 Bath Club ARE EACH WAIVING YOUR RIGHTS 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 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 

If you believe any Submission accessible on or from the Bath Club Services infringes your copyright, you should notify Bath Club 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, 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 Bath Clubreceives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Bath Club’s copyright agent at info@bathclub.com (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at: 

Attention: 

Copyright Agent 

The Bath Club, Inc.
2018 SE 6th Ave Portland, OR 97214 

(503) 822-6342 

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. 

14. SEVERABILITY
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 Bath Club 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. 


15. COMPLETE AGREEMENT
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Bath Club on the Bath Club Services, these Terms of Service, including the Privacy Policy, constitute the entire agreement between you and Bath Club with respect to the use of the Bath Club Services and Contents. 

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