THESE TERMS OF SERVICE ("AGREEMENT") ARE A LEGAL AGREEMENT BETWEEN YOU ("YOU", "YOUR",
OR "CUSTOMER") AND myShavingClub, INC. ("WE" OR "myShavingClub"), THE OWNER AND
OPERATOR OF THE WWW.myshavingclub.COM WEBSITE (THE "SITE"). THIS AGREEMENT STATES
THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD
ON IT AND MEMBERSHIPS SOLD TO IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING
THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT
THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE
OR PURCHASE PRODUCTS FROM OR MEMBERSHIPS TO, THE SITE.
By signing up for a Membership (as defined below), you represent, acknowledge and
agree that you are at least the age of majority in your jurisdiction of residence,
or if you are under the age of majority in your jurisdiction of residence, that
you are at least 13 years old, and that you are using the Site with the consent
of your parent or legal guardian and that you have received your parent's or legal
guardian's permission to enter into this Agreement. If you are a parent or legal
guardian who is registering for a child under the age of 13, you hereby agree to
bind your child to this Agreement and to fully indemnify and hold harmless myShavingClub
if your child breaches or disaffirms any term or condition of this Agreement.
1 - Changes to Terms; Personal Information/Privacy
1.1 - Changes to the site
myShavingClub may add to, change or remove any part of the Site, including, without
limitation, any Content (as defined below) therein, at any time without prior notice
to you.
1.2 - Personal information/privacy
Customers agree to provide accurate, current, and complete information as required
for the purchase of the Products and Memberships (both as defined below in Section
3.1) and to update that information as soon as possible after any information provided
changes. myShavingClub reserves the right to block further sales to Customers who
provide false, inaccurate or incomplete data. Customer acknowledges that myShavingClub
uses a third party payment processing service to processing orders and bill fees
to your credit card. myShavingClub's Privacy Policy, located at the URL: http://
www.myshavingclub.com/privacy-policy (the "Privacy Policy"), explains how Customers'
personally identifiable information is collected, used and disclosed. You hereby
agree that we may use your personal information in accordance with the terms of
the Privacy Policy.
2 - Passwords; use of site
2.1 - Passwords
You may utilize the functionality on the Site that allows you to log in to this
Site by using your log in credentials for an existing account on various third party
websites, which may change from time to time, including, without limitation, Twitter,
Facebook and LinkedIn ("Third Party Site Log-in Credentials") and, if applicable,
configure your privacy settings in your third party website account to permit your
activities on this Site to be shared with your contacts in your third party Site
account (as further detailed in our Privacy Policy) https://www.myshavingclub.com/Privacy.aspx.
Notwithstanding the foregoing, you agree that your use of any third party website
through which you log in to this Site using your Third Party Site Log-in Credentials
is governed by the terms and conditions of such third party website's terms of use
and privacy policy, including, without limitation, such third party website's password
and account security policies and user-generated content posting and acceptable
use policies.
If you do not log in through a third party website, you will be required to register
and create an account by providing your email address and a password. You are responsible
for maintaining the confidentiality of your password, and you are responsible for
all activities that occur using your email and password. You agree not to share
your password, let anyone else access your account or do anything else that might
jeopardize the security of your passwords or account. You agree to notify myShavingClub
if there is any unauthorized use of your password or account on this Site or if
you know of any other breach of security in relation to this Site.
2.2 - Use of site; prohibitions
Subject to your compliance with this Agreement, myShavingClub hereby grants you
a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive
license to access the Site and use the content, information, text, images, graphics,
interfaces, audio and video clips and any other materials displayed on the Site
(collectively, the "Content"), solely for your personal, non-commercial use. You
may not copy, modify, reproduce, publicly display or perform, distribute, create
derivate works from or otherwise use the Content except as expressly set forth in
this Agreement. You may not remove any copyright or other proprietary notices from
any Content. If you breach any term of this Agreement, your authorization to use
the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third
party to: (a) attempt to disable or circumvent any security mechanisms used by the
Site or Content or otherwise attempt to gain unauthorized access to any portion
of the Site or Content or any other systems or networks connected to the Site, or
to any server of myShavingClub or its third party service providers, by hacking,
password "mining", or any other illegal means; (b) use any "deep-link", "page-scrape",
"robot", "spider", or other automatic device, program, algorithm or methodology,
or any comparable manual process, to access, acquire, copy, or monitor any portion
of the Site or Content; (c) use any device, software or routine to interrupt or
interfere with, or attempt to interrupt or interfere with, the proper operation
and working of the Site or with any other person's use of the Site; (d) track or
seek to trace, harvest or compile any information on any other person who visits
the Site; (e) use the Site or Content for, or in connection with, any illegal purpose,
to solicit, facilitate, encourage, condone, or induce any illegal activity, or as
otherwise prohibited by this Agreement or applicable laws, rules or regulations;
or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or
otherwise attempt to extract the source code of any proprietary software used to
provide, maintain, or otherwise applicable to the Site or Content.
2.3 - User Submissions
The Site may offer users the opportunity to post articles, comments, photographs,
videos, artwork, and other content and other materials on the Site (collectively
"User Submissions"). By making a User Submission, you grant to myShavingClub an
unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable and transferable
right to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform, exhibit and display such User Submissions throughout
the world in any and all media and formats, whether now known or hereafter developed,
for any purpose whatsoever, without compensation or acknowledgement of its source.
You further agree that myShavingClub is free to use any ideas, concepts, or know-how
that you or individuals acting on your behalf provide to myShavingClub without any
monetary or other obligation to you. To the maximum extent permitted by law, you
waive any and all "moral rights" you may have in User Submissions.
You agree not to post on or transmit to the Site or otherwise provide to myShavingClub
any User Submission or other material that:
- is unlawful; libelous; harmful; threatening; abusive; harassing; defamatory; vulgar;
obscene; sexually explicit; profane; hateful; racially, ethnically, or otherwise
objectionable in any manner;
- is an advertisement or promotion for any product or service that is not an approved
myShavingClub product;
- is false, misleading, or constitutes an unfair or deceptive trade practice;
- promotes the use of alcohol, tobacco, or any illegal substance;
- constitutes a breach of your contractual and/or fiduciary obligations or an invasion
of privacy;
- infringes on any third party patent, trademark, trade name, corporate name, trade
secret, copyright, publicity, or other proprietary or property rights;
- is false or misleading; or
- contains viruses, Trojan horses, worms or other code, scripts, routines, files or
programs designed to alter, interrupt, impede, limit or destroy the performance
and/or functioning of any software, hardware, or other equipment.
You are solely responsible for your User Submissions and you agree to defend, indemnify
and hold harmless myShavingClub and its officers, directors, employees and agents
from and against any losses, expenses, liabilities, claims, costs, and damages ("Claims")
arising from your User Submission, including, but not limited to, any Claim arising
out of breach of this Agreement or for infringement of copyright, trademark, patent
or other proprietary rights. You understand and acknowledge that User Submissions
may be published and that myShavingClub has no obligation to keep such User Submissions
confidential. You further agree that any User Submission you provide does not contain
any confidential, proprietary or trade secret information of any third party. myShavingClub
shall have no obligation to store, keep copies of or return any User Submissions.
myShavingClub reserves the right to take any action with respect to User Submissions
that it deems necessary or appropriate in its sole discretion if myShavingClub believes
any User Submission violates this Agreement, is inappropriate for the Site, may
create liability for myShavingClub, or may cause myShavingClub to lose (in whole
or in part) the services of its Internet service provider, advertisers, or other
suppliers. Such action may include, but is not limited to, removing, deleting, modifying
or altering User submissions, either with or without notice to you.
2.4 - Copyright Complaints
myShavingClub respects the intellectual property of others and reserves the right
to terminate any user's right to use or access to the Site if he or she has engaged
in the violation of the intellectual property rights of others. If you believe that
your work has been copied in a way that constitutes copyright infringement and is
located on Site, you may submit a notification of claimed infringement under the
Digital Millennium Copyright Act ("DMCA") containing the following information to
myShavingClub's designated copyright agent:
- An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled
and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your address,
telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief that
use of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
- A statement that the information you have provided is accurate and, under penalty
of perjury, that you are the copyright owner or authorized to act on the copyright
owner's behalf of an exclusive right that is allegedly infringed.
Customer Care:
myShavingClub, Inc.,
371 N Addison Rd
Addison, IL 60101
info@myshavingclub.com
3 - Terms Of Sale
3.1 - Sales of products and memberships to end users only
myShavingClub sells shaving razors and other grooming supplies (the "Product(s)")
from the Site to end-user customers who purchase monthly memberships to receive
the Products ("Membership(s)") only for their 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. We reserve the right to limit the
quantity of memberships purchased per person, per household or per order. The Membership
and all rights and privileges conferred are personal and non-transferable. Memberships
subject to Product availability.
3.2 - Pricing
Pricing for Products and Memberships (including any applicable shipping and handling
fees) can be found on myShavingClub's then-current pricing page located on the Site
at: http:// www.myshaving.com/select-blade. The price that we will charge you for
the Products and Memberships will be the price as posted on the Site on the date
you first sign-up for a Membership to the Site. myShavingClub reserves the right
to change prices for Products and Memberships at any time, and does not provide
price protection or refunds in the event of promotions or price decreases.
3.3 - Refund/Cancellation Policy
If you are dissatisfied with the Product for any reason, myShavingClub will refund
the amount paid for your most recent month of service. Refund requests must be made
directly to myShavingClub at members@ myshavingclub.com. All refund requests must
be made within thirty (30) days of the date of shipment by myShavingClub. Do not
return the Product. myShavingClub shall not liable for Products that are returned
or any damaged that may come about from the return of Product or lost in transit
to myShavingClub
Promptly following myShavingClub's receipt of your request (typically within five
(5) business days), myShavingClub will credit the amount paid to the credit card
you used to make the original purchase. Notwithstanding the foregoing, myShavingClub
does not control when a specific credit card company processes a chargeback transaction.
You are responsible for contacting your credit card company if you have questions
about the status of the chargeback.
myShavingClub will not provide a refund for a request that is received by myShavingClub
more than thirty (30) days after the date of original shipment from myShavingClub.
For purposes of clarification myShavingClub also does not accept returned Products.
3.4 - Payment methods; automatic membership renewals and membership cancellation
policy
myShavingClub accepts credit card payments only. You agree to pay all fees charged
to your account based on myShavingClub's fees, charges, and billing terms in effect
as shown on the payment page when you first sign-up for a Membership to the Site.
You are also responsible for paying any sales and use taxes and shipping and handling
fees that may apply to your purchase of Products or Memberships based on the address
that you provide as the shipping address when you register for a Membership, and
you authorize myShavingClub or the third party payment processing service provider
that we engage to charge your credit card for any such taxes and fees. All payments
shall be made by credit card in advance prior to shipping the Products. You represent
and warrant that you are the cardholder of the credit card used. If your credit
card is rejected by the card issuer, if you do not pay on time or if your credit
card cannot be charged for any reason, myShavingClub reserves the right to either
suspend or terminate your account and Membership. All sales and payments will be
in US Dollars.
IMPORTANT NOTICE TO CONSUMER: myShavingClub will automatically renew your Membership
on each monthly anniversary date of the Membership and, as authorized by You during
the Membership sign-up process, will charge your credit card with the applicable
Membership fee and any shipping and handling costs and sales or similar taxes that
may be imposed on your Membership fee payments. Each Membership renewal period is
for one month. You may cancel your Membership at any time by logging on to your
account within myShavingClub.com. To cancel a membership, please login to your account
on the Site and select the "membership options" link at the bottom of the page,
then follow instructions towards cancellation. All cancellation requests must be
received by the first day of the month. Cancellation requests received after the
first of the month shall take effect the following month. If you have any problems,
please email info@myshavingclub.com. myShavingClub requires a reasonable amount
of time to process your Membership cancellation request. If you cancel your Membership,
you will enjoy your Membership benefits until the end of the then-current Membership
term, and your Membership benefits will expire at the end of the then-current Membership
term for which you have paid. 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.
If you are dissatisfied with the Product for any reason, myShavingClub will refund
the amount paid for your most recent month of service. Refund requests must be made
directly to myShavingClub at members@ myshavingclub.com. All refund requests must
be made within thirty (30) days of the date of shipment by myShavingClub. myShavingClub
is not liable for products that are damaged or lost in transit to myShavingClub.
Promptly following myShavingClub's receipt of your request (typically within five
(5) business days), myShavingClub 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 credit card you used to make the original purchase. Notwithstanding
the foregoing, myShavingClub does not control when a specific credit card company
processes a chargeback transaction. You are responsible for contacting your credit
card company if you have questions about the status of the chargeback.
myShavingClub will not provide a refund for a request that is received by myShavingClub
more than thirty (30) days after the date of original shipment. myShavingClub also
does not provide a refund for returned products that are damaged due to misuse,
lack of care, mishandling, accident, abuse or other abnormal use.
3.5 - Shipping and Product Acceptance
The shipment date will be determined according to whichever date is closer to the
date of the Customer's first purchase date. Shipping dates are estimates only. All
shipments are sent Priority Mail or First-Class mail via the US Postal Service.
The risk of loss and title for all Products purchased via the Site pass to the Customer
upon delivery of the item to the carrier.
4 - Proprietary Rights
You hereby acknowledge and agree that myShavingClub or its licensors own all legal
right, title and interest in and to the Site and Content, including, without limitation,
any and all intellectual property and other proprietary rights which subsist in
the Site and Content, whether such rights are registered or unregistered, and wherever
in the world those rights may exist.
myShavingClub is a trademark of myShavingClub in the United States. Other trademarks,
names and logos on this Site are the property of their respective owners. Unless
otherwise specified in this Agreement, all information and screens appearing on
this Site, including Content, site design, text, graphics, logos, images and icons,
as well as the arrangement thereof, are the sole properties of myShavingClub, Copyright
© 2013 myShavingClub, Inc. All rights not expressly granted herein are reserved.
Except as otherwise required or limited by applicable law, any reproduction, distribution,
modification, retransmission, or publication of any copyrighted material is strictly
prohibited without the express written consent of the copyright owner or license.
5 - Third Party Sites; Indemnification
5.1 - Third Party Web Sites
The Site may provide links to third party Sites that are not owned or controlled
by myShavingClub including, without limitation, Facebook, Twitter and LinkedIn ("Third
Party Sites"). We provide such links solely as a convenience to you. myShavingClub
does not review, approve, endorse, or make any representations about such Third
Party Sites, the companies or persons who own and/or operate them, or any information,
software or other products and services made available through such Third Party
Sites, or any results that may be obtained from using them. You should exercise
common sense and your own judgment, and if you decide to access any Third Party
Sites linked to the Site, you do so entirely at your own risk, and you are solely
responsible for your activities conducted in connection with such Third Party Sites.
Your use of Third Party Sites is subject to the terms of use and privacy policies
located on the linked to Third Party Sites which may be different from this Agreement
or our Privacy Policy, including, without limitation, such Third Party Sites' password
and account security policies and user-generated content posting and acceptable
use policies.
5.2 - Indemnification
You hereby agree to defend, indemnify and hold each of the myShavingClub Parties
(as defined in Section 6 below) harmless from and against, any and all losses, liabilities,
damages, and/or claims (including, without limitation, attorneys' fees and costs)
arising from your breach of this Agreement, or otherwise arising from your (or anyone
acting under your password) use or misuse of the Site, Content or Products.
6 - Disclaimer of Warranties
THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS ARE FURNISHED TO YOU "AS IS" AND WITHOUT
WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND.
myShavingClub, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND
THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "myShavingClub
PARTIES"): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS
WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE
TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT
THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL BE ERROR-FREE OR THAT ANY DEFECTS
WILL BE CORRECTED; (D) DOES NOT REPRESENT AND WARRANT THAT THE SITE WILL BE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (E) DOES NOT MAKE ANY REPRESENTATIONS,
WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE USE OF THE SITE, CONTENT OR PRODUCTS
IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION
AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT,
PRODUCTS AND MEMBERSHIPS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND myShavingClub.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY myShavingClub OR ANY PERSON ON
BEHALF OF myShavingClub SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE
THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION 6 SHALL EXCLUDE OR LIMIT THE myShavingClub PARTIES' WARRANTIES,
REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR
LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS
WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
7 - Limitation of Liability
7.1 - IN NO EVENT SHALL ANY myShavingClub PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY,
FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE
OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS
OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A myShavingClub PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 - IF, NOTWITHSTANDING THE FOREGOING, A myShavingClub PARTY IS FOUND TO BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION
WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS, THE RELEVANT myShavingClub
PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A)
THE AMOUNT YOU PAID myShavingClub FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE;
AND (B) THE SUM OF ONE HUNDRED US DOLLARS (US$100).
7.3 - NOTHING IN THIS SECTION 7 SHALL EXCLUDE OR LIMIT ANY myShavingClub PARTY'S
LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE
LAW, IN WHICH CASE, SUCH myShavingClub PARTY'S LIABILITY WILL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
8 - Dispute and Arbitration; Class Action Waiver; Choice of Law
8.1 - Dispute and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights
Summary:
Most customer concerns can be resolved quickly and to a customer's satisfaction
by writing to our customer service department at info@myshavingclub.com or myShavingClub,
Attn: Customer Service, 371 N Addison Rd, Addison, IL 60101. In the unlikely event
that our customer service department is unable to resolve a complaint you may have
to your satisfaction (or if we have not been able to resolve a dispute we have with
you after attempting to do so informally), we each agree to resolve those disputes
ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO myShavingClub's ENFORCEMENT
AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration
or small claims court instead of in courts of general jurisdiction. This includes
any claims against other parties relating to services or products provided or billed
to you (such as our licensors, suppliers, dealers or third party vendors) whenever
you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral
arbitrator instead of a judge or jury, allows for more limited discovery than in
court, and is subject to very limited review by courts. The arbitrator must follow
this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the Federal
Arbitration Act and federal arbitration law apply (despite the choice of law provision
in Section 8.2 below). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN
INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither
you nor myShavingClub has the right to act as a class representative or class representative
or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to myShavingClub for breach
of contract, breach of fiduciary duty, negligence, personal injury, intentional
torts or other tort will be arbitrated according to the rules of the American Arbitration
Association (AAA) in Addison, IL, including any dispute about the scope of this
arbitration agreement, and including all questions about the types of disputes that
are subject to this arbitration agreement, all of which you agree will be decided
by the arbitrators, whose decision will be final and binding on you. Any issue concerning
the extent to which a dispute is subject to arbitration, or concerning the applicability,
interpretation or enforceability of this Agreement, including any contention that
all or part of this agreement is invalid or unenforceable, shall be governed by
the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and
agree that, in any arbitration proceeding, no depositions will be taken, and all
other forms of discovery of facts will be limited to those things that the arbitrators
determine, in their sole discretion, to be necessary. Further, in any arbitration
proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential
or other special damages, (ii) all damages claims and awards will be governed by
the provisions of the Illinois Civil Code, and (iii) the parties will conduct the
arbitration confidentially and expeditiously and will pay their own costs and expenses
of arbitration, including their own attorneys' fees. If you are unable to afford
the AAA fee, you agree to notify all persons against whom you have an arbitrable
claim and give such persons the opportunity individually and as a group to pay such
fee. The proceeding and the decision shall be kept confidential by the parties.
8.2 - Choice of Law
This Agreement is governed by the Federal Arbitration Act, applicable federal law,
and the laws of the state of Illinois, without regard to its conflicts of laws rules.
Foreign laws do not apply. Arbitration or court proceedings must be in Addison County,
Illinois. If any provision of the Agreement is invalid under the law of a particular
jurisdiction, that provision will not apply in that jurisdiction. The United Nations
Convention on Contracts for the International Sale of Goods is expressly excluded
from this Agreement.
9 - Electronic Communications; General Terms
9.1 - Electronic Communications
Whenever you visit our Site or send emails to us, you are communicating with us
electronically. For that reason, you also consent to receive communications from
us electronically. We will communicate with you by email (if you have provided your
email address to us), by posting notices on our Site or by such other means as we
may determine from time-to-time. You agree that all agreements, notices, disclosures,
and other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing, to the extent permitted by applicable
law.
9.2 - General Terms
myShavingClub may issue a warning, temporarily suspend, indefinitely suspend or
terminate any Customer's right to use or access all or any part of the Site including
any account thereon or Membership thereto, without notice, for any reason in myShavingClub's
sole discretion, including without limitation breach of this agreement and/or violation
of the Terms of Service, myShavingClub's belief that such access would violate any
applicable law, rule or regulation or would be harmful to the interests of, or potentially
cause financial loss or legal liability to myShavingClub Club or another user of
the Site. This Agreement and the Privacy Policy constitute the entire agreement
between you and myShavingClub regarding its subject matter. myShavingClub will not
be responsible for failures to fulfill any of its obligations due to causes beyond
its control. The failure of myShavingClub Club to exercise or enforce any right
or provision of this Agreement shall not constitute a waiver of such right or provision.
If any part of this Agreement is held invalid, illegal or unenforceable, that provision
shall be enforced to the maximum extent permissible so as to maintain the intent
of this Agreement, and the other parts will remain in full force and effect. The
parties shall at all times and for all purposes be deemed to be independent contractors
and neither party nor its agents may bind the other party. The parties acknowledge
and agree that this is Agreement and all related documents may be drawn up is only
valid in the English language. This Agreement shall not be interpreted or construed
to confer any rights or remedies on any third parties, except that each indemnified
myShavingClub Party shall be a third party beneficiary hereunder. myShavingClub
may assign or transfer its rights, or delegate any performance, under this Agreement
to a third party in its sole discretion. Customer may not assign or otherwise transfer
its rights, or delegate its performance, under this Agreement to any third party
without in each and every case, myShavingClub express prior written consent. All
terms which by their nature are intended to survive any termination of this Agreement,
or any termination of your use of the Site, Content, Products or Memberships shall
survive such termination.