Dollar Shave Club Loyalty TermsUpdated 6 months ago
Last Updated: May 28, 2024
Razor Rewards is a free loyalty rewards program ("Program" or "Rewards Program") offered at the sole discretion and exclusively by Dollar Shave Club, Inc. ("DSC", "we", "our" and "us"), that allows its eligible customers (each a "Member" or "you" or "your") to earn Points (defined below) redeemable for a discount for use towards future purchases when a Member shops on us.dollarshaveclub.com ("our website"). There is no cost to enroll in the Program and no credit card application is required. Enrollment and participation in the Program is only available on us.dollarshaveclub.com. By participating in the Program, you agree to be bound by the following Loyalty Terms ("Terms") and DSC’s Terms of Service (See: TERMS OF SERVICE) which are legally binding contracts between you and DSC regarding your participation in the Program. Interpretation of these Terms shall be at the sole discretion of DSC, whose decisions will be final. Please read DSC’s Privacy Policy (See: PRIVACY POLICY) for information regarding how DSC collects, uses, and discloses your personal information. Your participation in the Program is expressly conditioned upon your compliance with this Agreement and with all present and future Terms, terms, regulations, policies and procedures that Sponsor may, in its discretion, adopt from time to time. Program is void where prohibited by law.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER WHICH AFFECT HOW DISPUTES WITH DSC ARE RESOLVED. PLEASE READ IT CAREFULLY.
1. PROGRAM ELIGIBILITY. In order to participate in the Program, you must be at least eighteen (18) years of age or older or have reached the age of majority in your state, province, or territory at the time of participation, be a legal resident of, and physically located within, the United States, and be able to provide a unique and valid e-mail address at the time of enrollment. Only individuals are eligible to be Members; corporations, groups, and associations are not eligible to participate in the Program. You must be legally competent to enter into contracts to enroll in the Program. DSC reserves the right to limit the number of Members in the Program. If you are not eligible to participate, you are prohibited from accessing, using, and registering for the Program. A Member may maintain only one Program membership account. DSC, in its sole judgment, reserves the right to disqualify any person from participation in the Program or revoke issued Points or Rewards, for any reason, including, for example, if that person appears to be violating these Terms, making purchases for a business or for resale, manipulating the Program, making excessive returns, engaging in fraud, abusing Rewards privileges, or otherwise acting in a manner inconsistent with the Program’s intent or for any other reason DSC deems necessary based on its sole discretion. If a Member is disqualified, such Member will forfeit their Points and all outstanding Rewards, as those terms are defined below, with a balance that has not been redeemed at the time of such disqualification. Program void where prohibited by law.
To participate in the Program, you must create an account on our website ("Member Account"). Eligible individuals may enroll by following the instructions on our website to provide the requested information (e.g., an email address and password (your "Login Credentials") and agree to the Loyalty Terms, Privacy Policy, and Terms of Service. While registering for an account on our website, if you do not uncheck the pre-checked box at Sign Up, you will be enrolled in the Program. For new Members, by opting into the Program, the Member will be enrolled in the Program. For existing Members, you will automatically be opted-in to participate in the Program. You may opt-out of the Program at any time.
Members must provide all required information to be enrolled and to be eligible to earn Points and Rewards, and must have a device that is capable of accessing the Internet in order to access and use the Rewards Program. After the Member Account is created and account information confirmed by DSC, the Member becomes eligible to participate in the Program and earn Points to obtain Rewards. A Member may maintain only one Member Account. If more than one Member Account is opened by an individual, Member will only receive Points for the account that was opened first. Duplicative Member Accounts may be canceled and all Points and/or Rewards earned under the duplicative Member Account(s) may be forfeited.
Each Member is solely responsible for all activities that occur under Member’s Account and for maintaining the security of your Login Credentials. If your Member Account is compromised, you agree to immediately inform DSC. Members must not disclose Login Credentials to any third party for any reason. DSC will not be liable for any loss or damage of any kind arising from a Member’s failure to comply with the requirements of this paragraph or any Member responsibilities under the Terms. If you are not eligible to participate, you are prohibited from accessing, using, and registering for the Rewards Program.
2. RAZOR REWARDS PROGRAM STATUS. The Program includes "Loyalty Tiers”, which are based on your combined cumulative Net Purchases (as defined below) for a rolling year period. The Loyalty Tiers are Bronze, Silver, and Gold. Please view the Loyalty Tiers on our website for more information on the purchase levels required to reach each status, as well as the benefits for each Loyalty Tier. Once you reach the qualifying Net Purchases for any applicable Loyalty Tier, your benefits for that Loyalty Tier include all the benefits associated with the preceding Loyalty Tier as well. Some benefits of the Program may have restrictions associated with them, may require you to make a purchase to access the benefit, or may have limited availability. Your Loyalty Tier status will last for a year from the data in which you achieved that status; after that, requalification is required. If Your Net Purchases do not qualify for an applicable Loyalty Tier, Your Loyalty Tier status will revert to Bronze. Your Net Purchases will be reset to zero on a rolling year basis beginning at the time of status qualification. If you opt out of the Program, your Net Purchases accumulated under the Program will no longer apply toward your Loyalty Tier status.
3. EARNING/RECEIVING POINTS. After you have been enrolled in the Program, you will have the opportunity to earn and/or receive loyalty points ("Points") for every dollar of Net Purchases on our website, our authorized resellers, or through Qualifying Activities (defined below). As used herein, "Net Purchases" means your purchases - less all sales tax, customs duties, shipping and handling fees, returns, price adjustments, redeemed Rewards, and other discounts. Purchase of gift certificates are not eligible to earn Points. Net Purchases paid with a gift certificate, either in part or in whole, are eligible to earn Points.
To earn points through purchases at our authorized resellers, you must upload your receipt within 30 days of purchase. Once uploaded our team will get back to you in 72 hours (Monday-Friday) via email. You'll receive an automated email when your receipt is approved. Please check that the store details, date and timestamp and line items on receipt are legible. We reserve the right to deny any receipt if not clear in photo and will ask you to reupload. Dollar Shave Club may use any data on the receipt in accordance with its Privacy Policy (See: PRIVACY POLICY).
The number of Points you may earn on specific purchases may vary. DSC may limit certain brands or products that are eligible to earn Points. Points may also be earned for other activities (each, a "Qualifying Activity") as specified by DSC from time-to-time. Actions taken prior to enrollment in the Rewards Program are not eligible to earn Points. For each Qualifying Activity completed, the Member will receive a pre-determined and pre-announced number of Points ("Point Value"), as determined by DSC in its sole discretion. From time-to-time, DSC may also sponsor contests, sweepstakes or other promotions ("Promotions") in connection with which it will identify certain actions and social media sites in the applicable official rules. Please view the Razor Rewards website for more information on how many Points can be earned for these special purchases, Promotions, and other Qualifying Activities. This list may be updated from time-to-time with additional activities and tasks; Members should check back for new tasks. DSC reserves the right in its sole discretion, at any time during the duration of the Program, to change the number of Points awarded, or to award no Points, for purchases on our website or for Promotions or Qualifying Activities, to offer additional means of earning Points for a limited time or permanently, to offer point earning opportunities to select groups of Members, to delete any or all means to earn Points, and/or to limit the number of Points a Member may earn for a single transaction.
Points cannot be sold, are not transferrable, and may not be combined with any other accounts or any other rewards program. Points have no cash, trade or barter value. Members have no ownership interest in accrued Points and Points are not the property of Members. There is no limit to the number of Points you can earn. Points earned on Net Purchases between .01 - .99 around rounded down. Returns and other adjustments, such as a price adjustment, may reduce your Points balance. Points received for items that are subsequently returned may be deducted from your Points balance at the time of the return, which may result in a negative Point balance. Points received for item(s) subject to an adjustment may be deducted from your Points balance by the corresponding amount of the adjustment, which may result in a negative Point balance. If an account with a negative Points balance is canceled or deactivated for any reason, any negative Points balance may be rolled forward indefinitely in the event that your account is subsequently reactivated. You do not accumulate Points on the portion of your purchase that is paid with Rewards. To receive your Points on our website you must be logged into your account before checking out. Points will be posted to your account at the time of payment. Members shall have no claim against DSC based on failure of Points to appear in a timely manner. No Points will be awarded for purchases made on our website that are shipped to locations outside of the United States or are otherwise in violation of these Terms. Points are not valid unless earned in strict compliance with the requirements of these Terms and Program rules, as interpreted and applied by DSC. DSC’s determination of the number or amount of Points available to any Member hereunder shall be final and binding for all purposes. All dollar amounts referred to in these Terms are in U.S. dollars (USD).
4. LIMITATIONS AND EXCLUSIONS ON QUALIFYING ACTIVITIES. From time-to-time, Members may be able to earn Points or other Program benefits by engaging in Qualifying Activities such as uploading photos, performing posts, reviews, comments, shares, follows, Tweets, re-Tweets, or similar ("Member Content") on our website and/or third-party websites such as Facebook, Instagram, Pinterest, TikTok, Twitter, etc. ("Promotional Channel(s)"). All Member Content is subject to these Terms, including the below limitations and exclusions:
Member Content must be in English, may not include gibberish, nonsense keywords, random characters or hyperlinks to sites or content unrelated or not relevant to DSC or its business.
Member Content intended to promote your or another’s business activities, or which is derogatory, includes profane or vulgar language or personal attacks is prohibited.
Inappropriate online social media activity posted in connection with the Rewards Program is prohibited, and DSC has the sole discretion to determine what constitutes inappropriate social media activity.
Member represents and warrants that its Member Content: (a) (other than content originally shared by DSC with Member) is Member’s own original work, and does not contain any material that violates or infringes another’s rights, including moral rights, rights of privacy, publicity or intellectual property rights; (b) has not been submitted previously in any promotion of any kind or exhibited or displayed publicly through any means or media; (c) if a photograph, depicts Member only (if at all), and no other persons; (d) does not identify, reference or depict any competing team, franchise or brands, products or services, including by means of prominent trademarks (including words, logos or designs), other than those owned by DSC; and (e) does not disparage DSC or any party or agent affiliated with this Rewards Program, or include words or graphics that are offensive, lewd, hateful or defamatory of any person or group, or include any elements or gestures that, as determined by DSC, in DSC’s sole discretion, are negative, obscene or inappropriate. All third-party content and content unoriginal to you, other than content provided by DSC, is prohibited.
DSC will not tolerate hateful or discriminatory speech, inappropriate language, or abusive activity if any kind. Any Member engaging in such activity in connection with the Rewards Program will have their Member Account canceled and any Points or Rewards due to Member will be forfeited.
Any statement by a Member about a product or service offered by DSC and its subsidiaries or affiliates must be truthful, accurate and substantiated. Misrepresenting the benefits of a product is prohibited and may result in cancellation of the Member’s Account and forfeiture of any Rewards due to Member.
Any product review or endorsement by a Member, including but not limited to tweets and other social media activity, must be a truthful and accurate representation of the Member’s opinion. Additionally, any review, tweet or other social media activity incentivized by the awarding of Points or other benefits in connection with this Program must be accompanied by the hashtag "#sponsored" or "#DSCRewards" or such other hashtag as may be specified by DSC on the Rewards Program Website.
You must disclose that you are participating in this Rewards Program or any related Promotion (if applicable) in any social sharing interaction that references the Rewards Program or a Promotion, or is used to earn Points in connection with this Rewards Program or a Promotion. At a minimum, the hashtag "#sponsored" or "#DSCRewards" should be included in all social media communications sent pursuant to the Rewards Program or a Promotion. DSC reserves the right, in its sole discretion, to disqualify any Member who does not adequately disclose its participation in this Rewards Program or a Promotion while interacting with the Promotional Channels.
Member Content must be publicly available.
Member Content must comply with these Terms and the terms applicable to users of each Promotional Channel to which it is submitted, and must be submitted by the registered subscriber of the applicable Promotional Channel account, to which the Member Content is uploaded.
Members operating multiple accounts at a single Promotional Channel, whether in their name or handle or using alternative names or handles, will be in violation of these Terms. For example, if a Member operates and uses multiple fake Twitter accounts to share or re-tweet Member Content, the Member will be disqualified from this Program.
Use of fake Promotional Channel accounts, or accounts not registered to the Member using them for this Rewards Program, is prohibited.
Creation of fake Members, via electronic or manual efforts, in order to obtain referral or recruitment Points is strictly prohibited.
No robotic, software-generated, other automated, purchased or incomplete Qualifying Activities will earn Points. Gaming, fraud or abuse relating to the earning of Points may result in forfeiture of accrued Points as well as termination of a Member’s account and/or this Rewards Program, in DSC’s sole discretion.
You will not earn Points, and your Member Account may be terminated, for sharing Member Content via a Promotional Channel account on any network where the majority of Tweets or communications from that Promotional Channel account are used to earn Points, to Tweet or post repetitive messages on one or more Promotional Channel accounts, to share Member Content that is not relevant to DSC or its business, or include multiple hashtags.
If a friend or follower likes, comments on or retweets the same Promotional Channel post multiple times, you will earn Points only for the first action the friend or follower takes with respect to a particular post or update. If the foregoing activity occurs repeatedly or excessively, as determined by DSC in its sole discretion, your Member Account may be terminated. No Points are earned if a Tweet, comment or shared item is more than 2 weeks old at the time a friend or follower re-Tweets it, likes it or comments in response to it.
Member Content posted on Facebook, Twitter or other Promotional Channel, or actions on that Promotional Channel, that are posted, then deleted, or liked, then unliked will not earn Points and will disqualify the posting Member.
Member Content, including any posts, updates or comments that refer to Points being earned or rewarding another Member with Points, is prohibited and may result in disqualification.
In the event of a dispute over the identity of a Member, the Member will be deemed to be the Authorized Account Holder of the e-mail address identified at enrollment into this Rewards Program. "Authorized Account Holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute, social sharing site) that is responsible for assigning e-mail addresses for the domain associated with the applicable e-mail address.
5. EXPIRATION OF POINTS. Points you receive will expire on a rolling twelve (12) month basis. DSC reserves the right to change the expiration date of Points received under the Program. You will forfeit all accumulated and unused Points if you close your account or your participation in the Program is terminated.
6. REDEEMING POINTS. Members can redeem points for a discount on our website on their order at checkout or on subscription orders through the ‘My Subscriptions’ Page (collectively, “Reward”). DSC may limit certain products that are eligible to be purchased with Points. When you are logged into your account on our website, your Points are available at checkout. The value of Rewards will be applied against total purchase price, proportionally spread across the items in the purchase including applicable taxes and fees. Rewards cannot be sold or transferred, and cannot be combined with any other account. Rewards cannot be credited to a different account, redeemed or exchanged for cash or cash equivalent, applied to past purchases, or used to purchase gift certificates. Rewards are void if sold or exchanged for cash or other consideration or if otherwise received or used in violation of these Terms. If you return merchandise that was purchased, in whole or in part, using a Reward, the dollar value of the Reward allocated to the returned item(s) will be credited to your account in the form of a Reward, unless the return would result in your account having a negative Point balance, in which case DSC may credit your account with the Point value of the Rewards allocated to the returned item(s). If you bought multiple items in a purchase paid in part with Rewards, your account will be credited with the dollar value of the Rewards spent on the entire purchase before any other payment method is refunded. If your Member Account is closed, canceled, or terminated, the dollar value of the Rewards allocated to the item(s) returned shall not be refunded or credited and will be forfeited. If at any time your Points balance is negative, you will not be eligible to receive Rewards until the negative balance has been corrected, and any Rewards currently in your account may be reverted back into Points to resolve the negative balance. DSC reserves the right in its sole discretion, at any time during the duration of the Program, to change the number of Points necessary to earn a Reward and/or the amount of promotional credit given with a Reward.
7. EMAIL COMMUNICATIONS. We will email you at the email address you provided during enrollment to let you know about Program developments, rewards, and special benefits. You are responsible for ensuring that your contact information, including your e-mail address, is accurate and up-to-date. If you need to update or change your contact information, please log in to your Member Account or e-mail us at [email protected] for assistance. If you have any questions or concerns regarding how DSC manages, accesses, or uses your personal information, please see our Privacy Policy (See: PRIVACY POLICY). By participating in the Program, you agree to receive marketing emails, advertising materials, and other communications from us. You may unsubscribe or change your email preferences at any time by clicking on the "unsubscribe" link found at the bottom of our emails. You will, however, continue to receive transactional email communications from us regarding your Program account. DSC is not responsible for communications, including Points, lost due to a change of address or other contact information.
8. TAXES: ANY AND ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES AND ALL FEES AND EXPENSES RELATED TO ACCEPTANCE AND USE OF REWARD ARE NOT SPECIFICALLY STATED HEREIN ARE THE RESPONSIBILITY SOLELY OF MEMBER.
9. TERMINATION OF OR CHANGE IN PROGRAM. The Program has no predetermined termination date and may continue until such time as DSC, at its sole discretion, elects to designate a program termination date. DSC may, in its sole discretion, terminate the Program, in whole or in part, at any time, with or without notice, which may result in loss of accumulated Points and Rewards and the cancellation of all benefits and privileges associated with the Program. DSC reserves the right to limit, delete, expand, modify, or change any of the rules, terms, conditions, and benefits of the Program at its sole discretion, with or without notice. Changes may affect Member’s Points and/or Rewards already accumulated. Your continued participation in the Program after any changes to these Terms or the Program signifies your acceptance of such changes. DSC has the right to close your account for any reason. DSC reserves the right to suspend, modify or withdraw any Rewards and/or Program benefits if DSC believes, in its sole discretion, that Program manipulation, fraud, malfunction, error or any other cause beyond our control impairs or otherwise compromises the administration, security, fairness or integrity of the Program.
We reserve the right to reject, revoke, cancel or suspend any Member Account, issued Rewards, and/or any and all unredeemed Points, or take any other action at our discretion, at any time with immediate effect and without written notice or liability to any Member, if we believe: (a) the Member has (1) violated any of the Terms; (2) acted in a manner inconsistent with applicable law, regulations, or ordinances; (3) engaged in any misconduct or wrongdoing in connection with the Program; or (4) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Program, or DSC or its Members or employees; or (b) DSC's provision of the Rewards Program and/or any associated benefits (including but not limited to Points, coupons, and product samples) to Member may violate any applicable laws to which DSC is subject. Membership in the Program may be revoked at any time. If we deactivate your account due to abuse or manipulation of the Program, or for any other reason, or if you cancel or close your account or opt out of the Program for any reason, your membership in the Program will terminate immediately and your Points balance and any value remaining on issued Rewards will be forfeited. For information on how to submit a request to delete your Member Account please read DSC’s Privacy Policy (See: PRIVACY POLICY). If you are enrolled in this Program and want to stop participating or want to opt-out please contact [email protected].
10. OTHER TERMS. DSC is not responsible for lost, destroyed, stolen or expired Rewards. Any tax liability connected with receipt or use of any Rewards is the Member’s responsibility. Program rules void where prohibited by law. Points are not transferable in the event of death, as part of a domestic relations matter, or for any other reason and may only be used by you for your personal benefit. You cannot combine your benefits with any benefits accrued by any other Program participant. Points are not "gift certificates" and are not intended for gift-giving purposes. Points have no cash value and are purely promotional in nature. Points cannot be used retroactively for prior purchases. You do not have any right, title, or interest in your Points and Points do not give rise to any legal or contractual rights by you against DSC. A Member's Points balance, as reflected in our records, shall be deemed correct. DSC reserves the right to determine the amount of Points in any Member's account and to correct or modify the Point amount at any time based on DSC's internal records related to such Member's account. In the event of an inconsistency between the amount accrued in a Member's account as stated on any Member's receipt and DSC's internal records, DSC's internal records will control. The sale or barter of any Points is prohibited. DSC may waive compliance with these Terms in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members. Notwithstanding the foregoing, DSC’s failure to exercise any of its rights under these Terms, or its failure or delay in enforcing any of the individual terms herein, shall not constitute a waiver of such rights. Events beyond DSC’s control, such as computer equipment or electronic data transmission failure, strikes, acts of God, civil disturbance, terrorism or war, which may materially affect our ability to perform, will allow DSC to suspend or terminate the Program. All dollar amounts referred to in these Terms are in U.S. dollars (USD).
11. LIMITATION OF LIABILITY. BY ENROLLING IN THE PROGRAM AND REDEEMING THE REWARDS, THE MEMBER AGREES THAT DSC AND ITS AFFILIATES AND SUBSIDIARIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY MEMBERS OR ANY PERSON FOR, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM, INCLUDING ANY REWARDS AND/OR POINTS. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR (A) LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY MEMBERSHIP APPLICATION, CORRESPONDENCE, POINTS, OR REWARDS; (B) THEFT OR UNAUTHORIZED REDEMPTION OF POINTS OR REWARDS OR USE OF A REWARD CAUSED BY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF US OR OUR REPRESENTATIVES/AGENTS; (C) ANY ACTS OR OMISSIONS OF THIRD PARTIES; OR (D ) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, AND ERRORS IN THE CREDITING OR DEBITING OF POINTS AND/OR REWARDS TO/FROM MEMBER ACCOUNTS. WE RESERVE THE RIGHT TO CORRECT, WITHOUT NOTICE, ANY ERRORS. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, AND ACT OF WAR, NATURAL DISASTER, TERRORISM, EPIDEMIC, PANDEMIC, OR ANY ACT OR OMISSION OF A THIRD PARTY. THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE PROGRAM (WHETHER YOUR CLAIM IS BASED IN LAW OR EQUITY) SHALL BE THE CREDITING OR RE-CREDITING TO YOUR PROGRAM ACCOUNT OF POINTS IN AN AMOUNT NO GREATER THAN THE NUMBER OF POINTS AT ISSUE. BY PARTICIPATING IN THE REWARDS PROGRAM, OR THE USE OF ANY REWARD, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS SECTION WILL SURVIVE TERMINATION OF MEMBER'S PARTICIPATION IN THE PROGRAM.
12. DISCLAIMER OF ALL WARRANTIES. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THESE PROGRAM RULES, EVERYTHING REGARDING THE PROGRAM, INCLUDING THE WEBSITE, POINTS, AND REWARDS, ARE PROVIDED "AS IS," AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEITHER DSC OR ITS AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THIS REWARDS PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THIS REWARDS PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. A MEMBER’S USE OF THE REWARDS PROGRAM IS SOLELY AT THE MEMBER’S OWN RISK. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
13. GOVERNING LAW AND DISPUTES. These Terms are governed in accordance with the laws of the state of California, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Please contact our Legal Department at [email protected] if you have a dispute regarding the Program.
14. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER
Please read this Section 14 (“Arbitration Agreement”) carefully. It is part of your contract with Dollar Shave Club and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. THIS ARBITRATION AGREEMENT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE ACTION.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at [email protected] or Dollar Shave Club, Attn: Customer Service, 13335 Maxella Ave, Marina del Rey, CA 90292. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 12 govern dispute resolution between us.
ANY DISPUTE (DEFINED BELOW) BETWEEN YOU AND DSC, its agents, employees, successors, assigns, and direct and indirect subsidiaries WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you or DSC may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND DSC ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
This Arbitration Agreement Applies to any “Dispute.” For the purposes of this Arbitration Agreement, “Dispute” shall include, but is not limited to, any claim or controversy between you and DSC that is related in any way to these Terms, including, but not limited to, your use of the website, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or communications between you and DSC, whether occurring on the Site or in-store, even if the Dispute arises after the termination of your relationship with DSC. “Dispute” also includes, without limitation, claims that (a) you bring against our employees, agents, affiliates, or other representatives; (b) DSC brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and DSC, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you entered into these Terms or out of a prior agreement with DSC (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a class member; and/or (f) arise after the termination of these Terms. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, claims of piracy, or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and informal process described below. These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.
Pre-Arbitration Informal Dispute Resolution.
You and DSC agree to make a good faith effort to resolve any dispute informally prior to you or DSC initiating an arbitration proceeding. You or DSC must first send a written notice to the other party providing a detailed description of the Dispute; your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or us to identify any transaction at issue; and a detailed description of (1) the nature and basis of any claims and (2) the nature and basis of the relief sought (including a detailed calculation of any financial relief sought). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by a DSC representative (and our attorney if we are represented by legal counsel).
Your notice to DSC should be sent to our registered agent or to Dollar Shave Club, Inc., Attn: General Counsel, 13335 Maxella Ave, Marina del Rey, CA 90292. Our notice to you will be sent to the most recent contact information that you have provided to us.
For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable, good-faith efforts to try to resolve the Dispute. If the Dispute is not resolved within this 60-day period (that can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.
Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process.
If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such sufficiency may be decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief with a Process Arbitrator (as applicable) or in arbitration.
Arbitration Rules; Procedures; Fees
To begin an arbitration proceeding, you must send an arbitration demand to the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879 (for any claim), (only if the claim does not qualify as a Mass Arbitration, as defined below) with a copy to our registered agent or to Dollar Shave Club, Inc., Attn: General Counsel, 13335 Maxella Ave, Marina del Rey, CA 90292. To begin an arbitration proceeding, we must send an arbitration demand to the AAA with a copy to you at the most current address we have on file.
The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process. The arbitration demand and certification must be personally signed by you (and your attorney, if you are represented by legal counsel) if you are initiating arbitration or by a DSC representative (and our attorney, if we are represented by legal counsel) if we are initiating arbitration. By signing, the attorney represents that, to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. Federal Rule of Civil Procedure 11 shall apply and the arbitrator shall be authorized to impose any sanctions available under such Rule on the parties and their counsel.
The Arbitration Agreement shall be subject to the U.S. Federal Arbitration Act and federal arbitration law and will be conducted by and in accordance with the rules of the AAA, and any supplementary rules, as modified by this Arbitration Agreement. You can contact AAA to find out more information on how to commence an arbitration proceeding. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Arbitration Agreement, the parties shall make a good faith effort to agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court of competent jurisdiction to appoint an administrator that will administer the arbitration consistent with this Arbitration Agreement. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules, or as otherwise may be required by law. The cost-shifting provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator after entry of an award.
Except as specifically provided herein, you may choose to have the arbitration conducted by telephone, based on written submissions, or in-person in the county where you live or at another mutually agreed location, except any Dispute over $25,000 shall have an in-person or video hearing. You and DSC reserve the right to request a hearing in any matter from the arbitrator. If an in-person arbitration hearing is required, then it will be conducted at a location that is reasonably convenient to you or at another mutually agreed-upon location.
The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms as a court would, and will adjudicate any Dispute according to applicable law and facts based upon the record, and not based upon any other basis. The arbitrator shall issue a reasoned written award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party's individual claim. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.
You and DSC agree that we have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, either party may negotiate with the AAA for reduced or deferred arbitration fees, and you and DSC agree that the parties (and your and our counsel, if you and we are represented by legal counsel) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid.
The arbitrator may award any individual relief or individual remedies that are permitted by applicable law. Specifically, and notwithstanding anything to the contrary in this Section, the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
Each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
Additional Procedures for Mass Arbitration. You and DSC agree that these additional procedures apply if you or we seek to participate in a “Mass Arbitration” (defined below).
If your claim is part of 25 or more similar claims asserted against DSC by the same or coordinated counsel or otherwise coordinated (“Mass Arbitration”), you acknowledge and agree that these additional procedures apply, and that the resolution of your claim might be delayed. You agree to the following staged process and application of the AAA Multiple Consumer Case Filing Fee Schedule. These provisions apply equally to Mass Arbitration initiated by DSC.
Any applicable limitations periods (including statutes of limitations) and any arbitration fee deadlines shall be tolled for claims subject to these additional procedures from the time the first cases are selected to proceed until the time your case is selected, withdrawn, settled, or otherwise resolved.
Each arbitrator shall endeavor to issue their award within 120 days of their appointment or as swiftly as possible while ensuring fairness to the parties.
Your counsel and our counsel shall each select 5 cases (per side) to proceed in individual arbitration proceedings as part of an initial staged process. Alternatively, either side may elect to have its 5 cases selected randomly. The number of cases to be selected to proceed as part of this initial staged process can be increased by agreement of counsel for the parties. Each of the 10 cases shall be assigned to a different arbitrator and adjudicated individually. The remaining claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If, after this initial set of proceedings, the parties are unable to informally resolve the remaining claims, they shall participate in a global mediation session with a retired federal or state court judge in an effort to resolve the remaining claims, and DSC shall pay the mediator’s fee.
If the parties are unable to resolve the remaining claims after completion of the mediation, the parties will continue to engage in staged sets of proceedings as described above, unless the parties agree otherwise, with four differences: (1) a total of at least 50 cases may be filed in the second and later stages (which can be increased by agreement of counsel for the parties); (2) the cases will be randomly selected; (3) arbitrators who decided cases in the first stage may be appointed in later stages if different arbitrators are not available; and (4) subsequent global mediation sessions between sets of proceedings is optional at the election of counsel for the claimants. Counsel for the parties will meet and confer throughout this process in an effort to informally resolve the remaining claims, streamline procedures, address the informal exchange of information, modify the number of claims to be adjudicated in any given set of staged proceedings, and ensure the process remains fair and efficient for all parties.
In each set of staged proceedings, any claims that have not been selected to proceed in individual arbitrations shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of this staged process.
A court of competent jurisdiction will have the authority to enforce this section of the Arbitration Agreement, including by enjoining the mass filing, the prosecution or administration of arbitrations, or the assessment or collection of AAA fees.
This subsection of the Arbitration Agreement and each of its requirements are intended to be severable from the rest of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the staging process in this subsection is not enforceable, then the claims may be filed in arbitration and the payment of AAA filing, administration, case-management, hearing, and arbitrator fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated. You and we also agree that should the staging process in this subsection be deemed not enforceable as set forth above, your counsel and our counsel will work together in good faith, including with the assistance of a Process Arbitrator, to develop streamlined procedures for the adjudication of claims to reduce the costs and maximize the efficiency of arbitration.
Opt-Out. You have the right to opt out of arbitration by sending your personally signed, written notice of your decision to opt out to the following address: Dollar Shave Club, Inc., Attn: General Counsel, 13335 Maxella Ave, Marina del Rey, CA 90292, postmarked within 30 days of first accepting the Terms. You must include (1) your name and residential address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of arbitration and seek to have any Disputes addressed in a court of competent jurisdiction consistent with these Terms. By opting out of arbitration, all other provisions in these Terms, including the class action waiver and jury trial waiver, remain in effect to the fullest extent permitted by law.
Severability and Survival. With the exception of the class action waiver set forth above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, the class action waiver above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Los Angeles, California. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR DSC WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
15. WARNING. Any attempt to deliberately damage, abuse, defraud, manipulate, or undermine the legitimate operation of the Program or our website may be a violation of criminal and civil laws. Should such an attempt be made, DSC reserves the right to seek damages or other remedies to the fullest extent permitted by law. Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation may subject Members to card revocation and will affect eligibility for further participation in the Program.
16. SEVERABILITY. The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any portion of these Terms should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these Terms a to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by DSC, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality, or enforceability of any of the remaining provisions.
17. CALIFORNIA NOTICE OF FINANCIAL INCENTIVE. This program may be considered a financial incentive as a loyalty program under California law. To view our notice of financial incentive, please visit: PRIVACY POLICY.
18. ADDITIONAL INFORMATION ABOUT THE PROGRAM. If you have any questions regarding the Program, you may contact our Customer Service team via e-mail at [email protected].