Terms and Conditions
Wet Bar Soap Company – Terms and Conditions
Updated 27th of June 2021
PLEASE REVIEW THE SALES, SHIPPING, AND RETURN POLICIES BELOW BEFORE MAKING A PURCHASE OF PRODUCTS ON WETBARSOAPCOMPANY.COM (THE “SITE”). THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO YOUR PURCHASE OF PRODUCTS FROM THE SITE (“MERCHANDISE”). BY ACCEPTING THESE TERMS AND CONDITIONS THROUGH THE COMPLETION OF YOUR PURCHASE, SELECTION OF A METHOD OF PAYMENT, AND YOUR ENTRY OF YOUR PAYMENT METHOD INFORMATION, YOU HEREBY AUTHORIZE Wet Bar Soap Company TO CHARGE THE SELECTED PAYMENT METHOD AND ITS ASSOCIATED PAYMENT ACCOUNT THAT YOU HAVE SPECIFIED FOR THE PURCHASE OF MERCHANDISE.
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE SITE.
1. Legal Age Requirement
You must be the age of majority or older in your jurisdiction or state of residence to purchase items from the Site. By placing an order through the Site, you represent that you are at least the age of majority in your jurisdiction of residence and that the person to whom any product will be delivered is also the age of majority. Wet Bar Soap Company reserves the right to request any buyer to provide written proof of age in any form. At the time of delivery, any shipment containing a product may require further the signature of an adult possessing valid picture identification issued by a government agency proving that he or she is at least the age of majority.
2. Arbitration Agreement and Class Action Waiver
Except where prohibited by law, you and Wet Bar Soap Company agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our Site, the services or materials provided through our Site, any transaction or relationship between us resulting from your use of our Site, communications between us, or the purchase, order, or use of our products, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. Any such arbitration will take place in the county or municipality where we have a principal business address or such other location where we mutually agree. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions. You and Wet Bar Soap Company agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and Wet Bar Soap Company further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, Wet Bar Soap Company will reimburse you for any standard filing fee which may have been required by AAA once you have notified Wet Bar Soap Company in writing and provided a copy of the arbitration proceedings. However, if Wet Bar Soap Company is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorney’s fees and costs to Wet Bar Soap Company. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Wet Bar Soap Company and may not preside over any kind of representative or class proceeding against Wet Bar Soap Company, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST WET BAR SOAP COMPANY, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF PLACING AN ORDER FOR THE PRODUCT, PURSUANT TO THE INSTRUCTIONS BELOW.
You must read and agree to these Terms and Conditions before placing your order for the 14-day trial + 4-day shipping program of Wet Bar Soap Company. By placing your order for the 14-day trial + 4-day shipping program of Wet Bar Soap Company, you agree to be bound by the following Terms and Conditions:
3. Merchandise Orders
All orders placed through the Site are subject to Wet Bar Soap Company’s acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. Wet Bar Soap Company may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by Wet Bar Soap Company, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our customer care department. Your order will be deemed accepted upon its shipment and your receipt of a shipment confirmation of your order. Processed orders will be shipped according to the terms of our Shipping Policy, which is set forth in Section 8 below.
While we want everyone to be able to enjoy our merchandise, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following:
a. Orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
b. Orders that appear to be shipped to a freight forwarding company for reshipment.
c. Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information. Be sure to double-check your information when placing an order. We cannot process orders for several reasons including, but not limited to Incorrect credit or debit card information such as card number, expiration date and card security value;
ii. Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);
iii. Insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code.
d. Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history.
e. Orders connected to previous credit card disputes.
If your order has been processed and shipped, you may return the merchandise you ordered pursuant to the terms of our Return Policy, which is set forth in Section 9 below.
4. Payments
Wet Bar Soap Company offers several methods of payment for you to purchase Merchandise including, but not limited to, credit cards and debit cards. Some methods of payment are only available in certain countries. Wet Bar Soap Company reserves the right to request additional evidence or proof of billing information or other information associated with the credit or debit card account used to purchase Merchandise from the Site. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to accept the order. If you believe your credit or debit card might have been used in a fraudulent manner to purchase Merchandise, please contact our customer care department.
5. Taxes
All orders are subject to applicable taxes in the states to which they are shipped.
6. Discounts and Promotions
We may from time to time, run promotions and discounted pricing structure. You agree that we may charge your credit card with a promotional or discounted price.
7. Merchandise Offers and Modifications
For current pricing and Merchandise descriptions, click here. Wet Bar Soap Company reserves the right at any time to choose to lower the prices of its Merchandise or services. Prices will be displayed in the local currency of the user of the Site, but all amounts charged in connection with the sale of any Merchandise shall be in United States Dollars (USD) only. Depending on conversion rates, the value of the price displayed on the Site in non-US Dollars may vary from the ultimate amount charged to the user’s credit or debit card. Wet Bar Soap Company is not responsible for any pricing differences or changes that result from currency fluctuations.
8. Shipping Policy
Your order will be processed and shipped via USPS First Class Mail to the address entered at the time of purchase within one to two (1-2) business days for any U.S.-based orders. International orders may take up to an additional two (2) business days to process and ship via DHL. 1-2 Day Delivery time for orders varies depending on the location and will be specified in the confirmation email. For orders placed on a Friday, Saturday or Sunday, packages will ship out the following Monday, unless that Monday is U.S. federal or state holiday in which case the shipment will be processed on the next non-holiday business day. If you feel you are experiencing any delay in the delivery of your product, you may contact our customer care department at (phone) or support@wetbarsoapcompany.com.
If for some reason you do not receive the product after the time period specified in your confirmation email, we recommend that you contact customer support at (phone) or support@wetbarsoapcompany.com. If you have placed an initial order as part of a subscription program, we suggest you request for an extension of the time period you will have to try to the product without any obligation. All orders are shipped to consumers with delivery confirmation; and if the order is shown as delivered, we operate under the assumption that it has been delivered unless you call to state otherwise. There will be no refunds for product claimed to be undelivered if we are not notified within 30 days following the placement of the order and the package is shown as delivered with delivery confirmation obtained via the US Postal Service.
9. Refund and Return Policy
Please note that after 30 days from the day you receive your order of the Merchandise, all sales are final. Full refunds (excluding the cost of shipping and handling) will only be offered on unopened, unused Merchandise; refunds on opened or used Merchandise will be determined on a case-by-case basis and will be determined during the RMA process. In no event will refunds be offered on the costs of shipping and handling. In the event you are dissatisfied with your purchase for any reason, within 30 days from the date you receive your order, please contact customer service by either calling (phone) or emailing support@wetbarsoapcompany.com, and they will issue you an RMA number. To return the Merchandise for a refund, mail the Merchandise back to the address provided to you by customer service with the RMA number within 30 days from the day you receive your original order. No returns or refunds will be credited after 30 days from the day you receive your original order. Any Merchandise must be returned at the customer’s expense and must have an RMA number marked on it. Absolutely no returns are eligible for a refund for used or opened Merchandise without an RMA. Merchandise must be sealed, undamaged and un-tampered with to be eligible for a refund. More stipulations to our refund policy are as follows:
a. Customers are restricted to receiving a single refund per Merchandise ordered. Repetitive refunds are not permitted unless the Merchandise, as delivered to you, is defective. Wet Bar Soap Company reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in Wet Bar Soap Company’s judgment, requests refunds in bad faith.
b. In order to process your refund, you must supply Wet Bar Soap Company with your name and delivery address. If you provide us with insufficient or incorrect information, your refund will be delayed.
Please note that we are not responsible for any returned Merchandise that gets lost or stolen while in transit to us. We recommend all returned Merchandise be sent using some type of delivery confirmation system to ensure proper delivery.
10. Subscription Plan
Wet Bar Soap Company offers consumers a recurring shipment/subscription plan (“Subscription Plan”). If you sign up for the Subscription plan, you will be given the opportunity to try out the product for 14 days + 4 day shipping, totaling 18 days (starting from the day you place your order) without paying any money except for the cost of shipping and handling ($5.00 USD). At the time you sign up for this Subscription Plan, the credit or debit card you provide will be charged the shipping and handling fee (which will appear on your billing statement in the manner specified in your confirmation email), and you will be mailed one Soap bar of your selected product. If you cancel the Subscription Plan within the first 18 days from the day you placed the initial order by calling (phone) or emailing support@wetbarsoapcompany.com, you will not be sent any more Soap, your subscription will be canceled, and you will only be charged the initial shipping fee. If for any reason you are charged for the cost of the product but you have canceled your Subscription Plan within 30 days of your receipt of the product and we have received the remainder of the product with the postmark dated no later than 30 days after you received the initial order, then please call us at (phone) to obtain a refund.
However, if you do not cancel your subscription within 18 days from the day you place the initial order, at the end of the 14 day trial period + 4 day shipping, totaling 18 days, the card you provided will be charged $24.90 (which includes shipping and handling) and you will be automatically enrolled in our 3 Bar subscription program with the product you initially accepted for the trial. Every 30 days thereafter you will be sent another 3 Pack of Soap of your purchased product and your credit card or debit card on file will be billed for $24.90 (which includes shipping and handling) plus applicable taxes. You may cancel your Subscription Plan at any time by simply contacting customer service by calling (phone). If you are trying to cancel outside of the customer care hours of operation (Monday – Friday Open 24 Hours PST, Saturday and Sunday 5:00AM to 6:00PM PST) you may submit a request of cancellation by email to support@wetbarsoapcompany.com. Your request for cancellation, whether by phone or email, will be processed immediately; however, you will be responsible for any charges, billing or shipments that have already been shipped to you or that have already been delivered to you at the time of your cancellation. All cancellation requests whether by phone or email should receive a cancellation confirmation number and an email stating your subscription has been canceled. It is suggested to keep this number for your records. Any future discrepancies resulting from not having a cancellation confirmation number will be at the discretion of Wet Bar Soap Company.
I UNDERSTAND THAT IF I PURCHASE A SUBSCRIPTION PLAN, THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT IF I FAIL TO NOTIFY WET BAR SOAP COMPANY NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.
You may extend your trial by calling Wet Bar Soap Company any time before the 18th day to request more time to try the product out, and we may, at any time, choose to give you longer than 14 days + 4 day shipping, totaling 18 days, to try our product out without being billed for the cost of the product. All customers are responsible to pay the shipping and handling charged for the first shipment once the order has been submitted, regardless of whether they cancel their subscription.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WET BAR SOAP COMPANY AND AFFILIATES DO NOT ACCEPT OR ASSUME LIABILITY FOR ANY PRODUCT OR USE OF THE PRODUCT, INCLUDING WITHOUT LIMITATION, LIABILITY FOR A PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. IN NO EVENT WILL WET BAR SOAP COMPANY OR ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO A SALE OF MERCHANDISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, WET BAR SOAP COMPANY AND ITS AFFILIATES ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE APPLICABLE PRODUCT. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY.
12. Disclaimer of Warranties
WET BAR SOAP COMPANY AND AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THE PRODUCTS AVAILABLE FOR SALE ON THE SITE. EACH PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REGARDING THE PRODUCTS, WET BAR SOAP COMPANY AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS ABOVE MAY NOT APPLY TO YOU.
13. Privacy Policy
In addition to these terms and conditions and the policies stated above, your purchase of Merchandise through the Site is subject to the Site Privacy Policy.
14. California Users
Wet Bar Soap Company is not a California corporation and does not have offices or conduct significant business operations in the State of California. Wet Bar Soap Company provides these notices purely for informational purposes to California residents, and does not waive its right to dispute jurisdiction over it by any California regulatory authority or court. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about our product must be addressed to our proper corporate agent for notice and sent via email to: support@wetbarsoapcompany.com. Pursuant to California Civil Code Section 17200 and Section 17500, Wet Bar Soap Company expressly requires that pre-litigation notice of any UCL claim be served on the proper Corporate Agent prior to the filing of any Summons or Complaint.
15. Contact Information
If you have questions regarding this Site or if you are interested in obtaining more information concerning Wet Bar Soap Company and its products or services or permission to use any Wet Bar Soap Company content, please contact Wet Bar Soap Company at (phone) or support@wetbarsoapcompany.com. We are open from Monday through Friday Open 24 Hours PST, Saturday and Sunday 5:00AM to 6:00PM PST. We are closed on major US holidays: Thanksgiving, Christmas and Easter.
Terms of Use
Wet Bar Soap Company – Terms of Use
IMPORTANT THIS IS A LEGAL AGREEMENT BETWEEN YOU (REFERENCED HEREIN AS “YOU” OR “USER”, OR WITH “YOUR”) AND WETBARSOAPCOMPANY.COM (“WET BAR SOAP COMPANY” OR “OUR” OR “WE” OR “US”) THAT APPLIES EACH TIME YOU ACCESS OR USE THE WEBSITE PROVIDED BY WET BAR SOAP COMPANY LOCATED AT https://wetbarsoapcompany.com (“SITE”). THEREFORE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT (THE “TOU” OR “AGREEMENT”) BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, AND/OR MATERIALS (“SERVICES AND MATERIALS”) PROVIDED BY WET BAR SOAP COMPANY ON OR THROUGH THE SITE. WET BAR SOAP COMPANY IS WILLING TO LICENSE OR ALLOW THE USE OF THE SITE AND THE RELATED SERVICES AND MATERIALS TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE ENTIRETY OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR USE THIS SITE AND/OR THE SERVICES AND MATERIALS, AND YOU ARE HEREBY INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE SITE.
1. License Grant
Subject to your continued strict compliance with the terms and conditions of this Agreement, Wet Bar Soap Company provides to you a revocable, limited, non-exclusive, royalty-free, non-sub licensable, and non-transferable license to use the Site. You may download and print materials and information from the Site solely for your personal use, provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Site shall be determined by Wet Bar Soap Company in its sole and absolute discretion; (ii) Wet Bar Soap Company has the right to control and direct the means, manner, and method by which the Site is provided; (iii) Wet Bar Soap Company may, from time to time, engage independent contractors, consultants, or subcontractors to aid Wet Bar Soap Company in providing the Site or use thereof; and (iv) Wet Bar Soap Company has the right to provide the Site to others. In addition, you hereby acknowledge and agree that this Agreement provides you with only a limited license to access and use the Site. Accordingly, you hereby acknowledge and agree that Wet Bar Soap Company transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else under this Agreement. Wet Bar Soap Company hereby reserves any and all intellectual property rights not otherwise expressly granted in this Agreement.
2. Arbitration Agreement and Class Action Waiver
Except where prohibited by law, you and Wet Bar Soap Company agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our Site, the Services or Materials provided through our Site, any transaction or relationship between us resulting from your use of our Site, communications between us, or the purchase, order, or use of our products, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. Any such arbitration will take place in the county or municipality where we have a principal business address or such other location where we mutually agree. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions. You and Wet Bar Soap Company agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and Wet Bar Soap Company further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, Wet Bar Soap Company will reimburse you for any standard filing fee which may have been required by AAA once you have notified Wet Bar Soap Company in writing and provided a copy of the arbitration proceedings. However, if Wet Bar Soap Company is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Wet Bar Soap Company. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Wet Bar Soap Company and may not preside over any kind of representative or class proceeding against Wet Bar Soap Company, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST WET BAR SOAP COMPANY, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR THE ORIGINAL ORDER DATE OF THE PRODUCT.
3. Restrictions
Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Site. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Site. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to (a) any portion or feature of the Site, (b) any other systems or networks connected to the Site, (c) any Wet Bar Soap Company ever, or (d) to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Wet Bar Soap Company’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Wet Bar Soap Company on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information; or (ix) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Wet Bar Soap Company. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING OR REPRODUCING ANY MATERIALS PROVIDED BY Wet Bar Soap Company TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
4. User Obligations
By installing, accessing, or using this Site you hereby represent that you are of the legal age to execute a legally enforceable contract under the laws of the state and/or country in which you reside and will, at all times, provide true, accurate, current, and complete information when submitting information to this Site, including, without limitation, when you provide any information to Wet Bar Soap Company via an email or any registration or submission form found on the Site. If you provide any false, inaccurate, untrue, or incomplete information, Wet Bar Soap Company reserves the right to in its sole discretion immediately and without notice terminate your access to and use of this Site and/or cancel any of your pending product purchases or registrations with Wet Bar Soap Company. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and this Site are solely at your own risk. While Wet Bar Soap Company has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from the Site over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, Wet Bar Soap Company is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
5. Online Purchases; Specific Programs; Other Terms and Conditions
Acceptance of Agreement. Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the purchase of certain products and/or resources, participation in certain events or programs, and/or to specific portions or features of the Site, all of which are made a part of this TOU by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in any event or program, service, or feature. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Site, including any areas to enable the on-line purchase of items or for any program, event or service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site. Wet Bar Soap Company’s obligations, if any, with respect to its services, events, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such terms, conditions, notices, and agreements.
6. Privacy Policy
No personal information will be shared with any third parties without the customer’s permission. The Wet Bar Soap Company Privacy Policy is located here: https://wetbarsoapcompany.com/privacy
7. Postings
The Site, and/or any social media page controlled by Wet Bar Soap Company that is accessible directly through the Site (each, a “Wet Bar Soap Company Social Media Page”), may contain blogs, message boards, comment areas and other interactive features and functionality where users may post certain information and content (collectively, “Forum”). To the extent the Site and or any Wet Bar Soap Company Social Media Page contains any such Forum, you hereby acknowledge and agree that when using the Site and or any Wet Bar Soap Company Social Media Page, you will not upload, post, display, or transmit any of the following materials on any Forum:
– anything that interferes with or disrupts the operation of the Site and/or Wet Bar Soap Company Social Media Page,
– statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
– unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
– statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
– statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
– statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Wet Bar Soap Company,
– statements or material that misrepresents your affiliation with any entity and/or Wet Bar Soap Company,
– statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials, and – statements or material that are “off-topic” for a designated Forum.
8. Permission to Use Postings
You acknowledge and agree that you have no proprietary interest in any Forum. Moreover, by submitting content or information of any type (a “Posting”) to a Forum or by otherwise using the Site and/or a Wet Bar Soap Company Social Media Page to transmit or display a Posting, you automatically grant Wet Bar Soap Company a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sub licensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You hereby represent that you have all necessary rights to make the Posting available to Wet Bar Soap Company and a Forum, and you also acknowledge and agree that such Postings are non-confidential for all purposes and that Wet Bar Soap Company has no control over the extent to which any idea or information within a Posting may be used by any party or person once such content is posted or displayed on the Site and/or a Wet Bar Soap Company Social Media Page. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that by merely permitting your information, content, and materials to appear on the Site and/or a Wet Bar Soap Company Social Media Page, Wet Bar Soap Company has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Wet Bar Soap Company assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own Postings.
9. Proprietary Rights
All text, graphics, interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by Wet Bar Soap Company and/or its suppliers and are protected by United States and foreign laws including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this TOU, Wet Bar Soap Company does not grant any express or implied intellectual property or proprietary right to you or any other person. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws of the United States and/or a foreign nation, as well as other laws, regulations, and statutes. The https://wetbarsoapcompany.com website is Copyright © 2021 Wet Bar Soap Company and/or its licensors. All rights reserved. Wet Bar Soap Company also owns a copyright in the contents of the Site as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, information, or materials available through this Site and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Wet Bar Soap Company and/or its suppliers. Wet Bar Soap Company and all other names, logos, and icons identifying Wet Bar Soap Company, its affiliates and/or subsidiaries, and any of their events, programs, products, and/or services are owned exclusively by Wet Bar Soap Company, and any use of such marks without the prior express written permission of Wet Bar Soap Company is hereby strictly prohibited. Other product and Wet Bar Soap Company’s mentioned herein may be the trademarks and/or service marks of their respective owners.
10. Enforcing Security on the Site
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Wet Bar Soap Company reserves the unqualified right to view, monitor, and record activity on the Site without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Site is subject to review by law enforcement organizations in the sole and absolute discretion Wet Bar Soap Company. Wet Bar Soap Company will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, Wet Bar Soap Company reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the Site or any portion thereof.
11. Submissions
Wet Bar Soap Company welcomes your feedback and suggestions about how to improve the Site and/or the events, programs, products and/or services of Wet Bar Soap Company. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Wet Bar Soap Company, you represent and warrant that such feedback does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Wet Bar Soap Company. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sub licensable, non-exclusive right and license for Wet Bar Soap Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby expressly waive any claim to the contrary.
12. Third Party Products/Services
Wet Bar Soap Company, in its sole and absolute discretion, may post the advertisements of third parties on this Site and/or feature materials, programs, events, products, and services provided by third parties. Wet Bar Soap Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, events, products, and services or any other materials, programs, events, products, and services which you may access through such third-party materials, products, and services. Your correspondence or any other dealings with third parties found on this Site are solely between you and such third party. Wet Bar Soap Company expressly disclaims responsibility and liability for all third party provided materials, programs, events, products, and services contained on or accessed through the Site, and you agree that Wet Bar Soap Company shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties’ materials, products, and/or services on this Site.
13. Links to Other Sites
Wet Bar Soap Company may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These other sites have not necessarily been reviewed by Wet Bar Soap Company and may be maintained by third parties over which Wet Bar Soap Company exercises no control. Accordingly, Wet Bar Soap Company expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on these third-party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
14. Links from Other Sites
We has not reviewed all of the sites linked to this Site and are not responsible for the content of any off-site pages or any other sites linked to the Site. We do not take any responsibility for any information or claims that were made by other websites and encourage you to alert us if a website is making false claims and linking to our site or product at support@wetbarsoapcompany.com .
15. No Medical Advice/Product Information
The Site does not provide medical advice and is not engaged in rendering medical or professional services or advice, and the information provided on the Site is not intended to replace medical advice offered by a health care provider. We strongly recommend that you promptly consult a physician or professional health care provider prior to use of any product. The statements made on the Site have not been evaluated by the FDA (U.S. Food and Drug Administration). Our products are not intended to diagnose, cure or prevent any disease. Neither the products nor the ingredients in the products have been approved or endorsed by the FDA or any regulatory agency for treatment of obesity or to cause weight loss. You should not construe anything on the Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States.
16. Disclaimer
THE SITE AND THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. Wet Bar Soap Company DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE SITE.MOREOVER, Wet Bar Soap Company MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SITE AND THE SERVICES AND MATERIALS AVAILABLE ON THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Wet Bar Soap Company MAY IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE SITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE SITE.
17. Limitation on Liability
You expressly absolve and release Wet Bar Soap Company from any claim of harm resulting from a cause beyond Wet Bar Soap Company’s reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL WET BAR SOAP COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR THE SERVICES AND MATERIALS AVAILABLE THROUGH THE SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WET BAR SOAP COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF WET BAR SOAP COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE, WET BAR SOAP COMPANY’S SERVICES AND MATERIALS, AND/OR ANY PROGRAM OR EVENT MADE AVAILABLE THROUGH THE SITE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO WET BAR SOAP COMPANY DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
18. Indemnity
You agree to defend, indemnify, and hold harmless Wet Bar Soap Company and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from any breach by you of this TOU.
19. Governing Law
This Agreement and its performance shall be governed by the laws of the state of Utah, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Sandoval County, the state of Utah, United States of America, in all questions and controversies arising out of your use of the Site and this Agreement, and all parties to this TOU expressly agree to be subject to the exclusive jurisdiction of such courts. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within two (2) years from the date on which such claim or action arose or accrued. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU or Wet Bar Soap Company’s services, materials, events and/or products accessed or purchased through this Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Site is controlled and operated by Wet Bar Soap Company from its offices and facilities within the United States. Wet Bar Soap Company makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of the Site is illegal is hereby expressly prohibited. You access the Site solely on your own volition and are responsible for compliance with all applicable local laws.
20. Term and Termination
This TOU will take effect (or shall re-take effect) at the time you click “I ACCEPT”, submit information through this Site, respond to a request for information, and/or begin installing, accessing, or using the Site, whichever is earliest. Wet Bar Soap Company reserves the right at any time and without notice to deny you access to the Site or to any portion thereof and to terminate your rights under this TOU, in its sole and absolute discretion. Your rights under this TOU will terminate automatically if you fail to comply with this TOU, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Site in your possession. The provisions concerning permission to use postings, proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of this TOU, and governing law will survive the termination of this TOU for any reason.
21. Waiver and Severability
Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Wet Bar Soap Company of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by Wet Bar Soap Company in its sole and absolute discretion that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
22. Entire Agreement
No joint venture, partnership, employment, or agency relationship exists between you and Wet Bar Soap Company as result of this TOU or your utilization of this Site. This TOU, Wet Bar Soap Company’s Privacy Policy, and any related or associated product purchase, service, or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Wet Bar Soap Company with respect to use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Wet Bar Soap Company with respect to this Site. Be advised that Wet Bar Soap Company reserves the sole and absolute right to change the terms and conditions of this TOU and the terms and conditions under which this Site and its many offerings are extended to you by posting and providing notice of a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, Wet Bar Soap Company may add, modify, or delete any aspect, program, or feature of this Site. Your continued use of this Site following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.
23. Contact Information
If you have questions regarding this Site or if you are interested in obtaining more information concerning Wet Bar Soap Company and its products or services or permission to use any Wet Bar Soap Company’s content, please contact Wet Bar Soap Company at (phone) (phone) or support@wetbarsoapcompany.com (email). We are open from Monday through Friday Open 24 Hours PST, Saturday and Sunday 5:00AM to 6:00PM PST. We are closed on major US holidays: Thanksgiving, Christmas and Easter.