THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND DANSOAP, LLC (“WE” OR “DANSOAP”), THE OWNER AND OPERATOR OF THE WWW.DANSOAP.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 SUBSCRIPTIONS 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 SUBSCRIPTIONS FROM, THE SITE.
By signing up for a Subscription (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless DANSOAP 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
DANSOAP 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 Subscriptions (both as defined below in Section 2.1). DANSOAP reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that DANSOAP uses a third party payment processing service to processing orders and bill fees to your credit card. DANSOAP’s Privacy Policy, located at the URL: http://www.DANSOAP.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 – TERMS OF SALE
2.1 - Sales of Products and Subscriptions to End Users Only
DANSOAP sells laundry soap and other cleaning supplies (the “Product(s)”) from the Site to end-user customers who purchase monthly Subscriptions to receive the Products (“Subscription(s)”) only for their own personal, non-commercial use. You may not purchase Products or Subscriptions for further distribution or resale or for any other commercial or business purpose. The Subscription and all rights and privileges conferred are personal and non-transferable.
2.2 - Pricing
Pricing for Products and Subscriptions (including any applicable shipping and handling fees) can be found on DANSOAP’s then-current pricing page located on the Site at: http://www.DANSOAP.com/store. The price that we will charge you for the Products and Subscriptions will be the price as posted on the Site on the date you first sign-up for a Subscription to the Site. DANSOAP reserves the right to change prices for Products and Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
2.3 – Refund/Cancellation Policy
If you are dissatisfied with the Product for any reason, DANSOAP will refund the amount paid for your most recent subscription period of service. Refund requests must be made directly to DANSOAP at subscribers@dansoap.com. All refund requests must be made within fifteen (15) days of the date of shipment by DANSOAP. DANSOAP is not liable for products that are damaged or lost in transit to DANSOAP.
Promptly following DANSOAP’s receipt of your request (typically within ten (10) business days), DANSOAP 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, DANSOAP 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.
DANSOAP will not provide a refund for a request that is received by DANSOAP more than fifteen (15) days after the date of original shipment. DANSOAP also does not provide a refund for returned products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
2.4 – Payment Methods; Automatic Subscription Renewals and Subscription Cancellation Policy
DANSOAP accepts credit card payments only. You agree to pay all fees charged to your account based on DANSOAP’s fees, charges, and billing terms in effect as shown on the payment page you first sign-up for a Subscription 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 Subscriptions based on the address that you provide as the shipping address when you register for a Subscription, and you authorize DANSOAP 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. If you do not pay on time or if your credit card cannot be charged for any reason, DANSOAP reserves the right to either suspend or terminate your account and Subscription and terminate these Terms of Service. All sales and payments will be in US Dollars.
DANSOAP and DANSOAP's third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to DANSOAP and DANSOAP's third party payment service provider at the election of your credit card issuer. Neither DANSOAP nor DANSOAP's third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is Your responsibility to contact Your credit card issuer with regards to Your right to opt out of the update service.
IMPORTANT NOTICE TO CONSUMER: DANSOAP will automatically renew your Subscription on each monthly or bi-monthly anniversary date of the Subscription and, as authorized by You during the Subscription sign-up process, will charge your credit card with the applicable Subscription fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Subscription fee payments. You may cancel your Subscription at any time by following the link to the third party payment processing service provider provided in your subscription confirmation email. If you have any problems, please email subscribers@dansoap.com. DANSOAP and the third party payment processing service provider require a reasonable amount of time to process your Subscription cancellation request. Cancellation requests not received greater than five business days prior to the renewal date may not be processed prior to renewal and will take effect at the next renewal date.
2.5 – Shipping and Product Acceptance
The shipment date will fall on the next 15th of the month. For Subscriptions ordered on the 15th the first shipment will not ship until the following month. 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.
3 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that DANSOAP 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.
DANSOAP is a trademark of DANSOAP 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 property of DANSOAP, Copyright © 2014 DANSOAP, LLC All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
4 – PRODUCT/IDEA SUBMISSIONS
DANSOAP and its personnel do not accept or consider unsolicited ideas, 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. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to DANSOAP or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of DANSOAP’s products, services or marketing strategies might seem similar to ideas submitted to DANSOAP. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your Submissions.
You agree that:
{C}i. Our Submissions and their contents will automatically become the property of DANSOAP, without any compensation to you;
{C}ii. DANSOAP may use or redistribute the Submissions and their contents for any purpose and in any way, without any compensation to you;
{C}iii. There is no obligation for DANSOAP to review the Submission; and (4) there is no obligation to keep any Submissions confidential, and no confidential relation is established by or is to be inferred from your Submissions or the consideration of your submissions by DANSOAP.
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 DANSOAP, including, without limitation, Facebook, Twitter and LinkedIn (“Third Party Sites”). We provide such links solely as a convenience to you. DANSOAP 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 DANSOAP 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 use or misuse of the Site, Content or Products.
6 – DISCLAIMER OF WARRANTIES
THE SITE, CONTENT, PRODUCTS AND SUBSCRIPTIONS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. DANSOAP, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “DANSOAP 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 SUBSCRIPTIONS 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 SUBSCRIPTIONS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) 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 SUBSCRIPTIONS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, PRODUCTS AND SUBSCRIPTIONS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND DANSOAP. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DANSOAP OR ANY PERSON ON BEHALF OF DANSOAP 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 DANSOAP 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 DANSOAP 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 DANSOAP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2
IF, NOTWITHSTANDING THE FOREGOING, A DANSOAP 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 SUBSCRIPTIONS, THE RELEVANT DANSOAP PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID DANSOAP FOR THE PRODUCTS OR SUBSCRIPTION, 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 DANSOAP PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH DANSOAP 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 subscribers@dansoap.com or DANSOAP, Attn: Customer Service, 14837 Detroit Ave, Lakewood, Ohio 44107. 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 DANSOAP’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 DANSOAP 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 DANSOAP 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 Arbitrators Association (AAA) in Ohio 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 Ohio Revised 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 Ohio, without regard to its conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings must be in Cuyahoga County, Ohio. 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
DANSOAP 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, without notice, for any reason in DANSOAP’s sole discretion, including without limitation breach of this agreement and/or violation of the Terms of Service, DANSOAP’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 DANSOAP or another user of the Site. This Agreement and the Privacy Policy constitute the entire agreement between you and DANSOAP regarding its subject matter. DANSOAP will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of DANSOAP 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 DANSOAP Party shall be a third party beneficiary hereunder. DANSOAP 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, DANSOAP’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, Products or Subscriptions shall survive such termination.