Terms of ServiceUpdated 20 days ago
Last updated: March 1, 2023
DSC may revise these Terms at any time. Your continued usage of the DSC Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the DSC Services are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the DSC Services for any reason.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH DSC ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 12). PLEASE READ IT CAREFULLY.
You must be 18 years of age or older to visit or use the DSC Services in any manner. By visiting and/or using the DSC Services or accepting the Terms, you represent and warrant to DSC that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to DSC that you will use the DSC Services in a manner consistent with any and all applicable laws and regulations.
- USE OF THE DSC SERVICES
2.1 Use Restrictions
The content on the DSC Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from DSC’s licensors, and any other materials displayed through the DSC Services (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with DSC or its licensors. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of DSC or its licensors.
DSC authorizes you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2022, Dollar Shave Club, Inc. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the DSC Services may be included elsewhere within the DSC Services and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to DSC and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
So long as you are in compliance with these Terms, DSC grants a non-exclusive limited, non-transferable license to use the DSC Services. You may not distribute or make the DSC Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the DSC Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the DSC Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by DSC that replace and/or supplement the original DSC Services, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without DSC’s written permission, “mirror” any Contents contained in the DSC Services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to, use the DSC Services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the DSC Services or Contents; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempt to disable or circumvent any security mechanisms used by the DSC Services or Contents or otherwise attempt to gain unauthorized access to any portion of the DSC Services or Contents or any other systems or networks connected to the DSC Services, or to any server of Dollar Shave Club or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to DSC user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) is for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.
DSC reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the DSC Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
2.2 User Submissions
Except as provided under Submission of Ideas (Section 2.3 below), DSC does not claim ownership of any information or material a user provides to DSC or posts, uploads, inputs, submits, or transmits to the DSC Services (“Submission(s)”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collects information about others, including email addresses, without their consent; (g) post the same note more than once or “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the DSC Services, or which, in the sole judgment of DSC, exposes DSC or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by DSC. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—DSC a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, DSC is not required to use any Submission.
You are solely responsible for your Submissions, the consequences of making a Submission, and your reliance on any Submissions. DSC is not responsible for the consequences of any Submission. DSC is not responsible for screening or monitoring Submissions made to this DSC Services by users. If notified by a user of a Submission allegedly in violation of these Terms, DSC may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. DSC will have no liability or responsibility to users for performance or nonperformance of such activities.
DSC reserves the right (but is not obligated) to: (a) record the dialogue on the DSC Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the DSC Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; or (f) edit or delete any Submission posted on the DSC Services, regardless of whether such Submission violates these Terms.
2.3 Submission of Ideas
DSC policy is to not accept, review, or consider unsolicited ideas, original creative artwork, suggestions or other works (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names) (collectively, “Idea(s)”). Please do not submit any Ideas in any form to DSC. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of DSC’s products, services or marketing strategies might seem similar to ideas submitted to DSC.
Notwithstanding such policy, any Idea that is offered or communicated to us through the DSC Services or otherwise shall be the property of DSC, and may be treated by DSC as non-confidential information. You agree that: (a) any Idea (including its complete contents) by you to DSC will automatically become the property of Dollar Shave Club, without any compensation to you; (b) DSC may use or redistribute any Idea and its contents for any purpose and in any way, without any compensation to you; (c) DSC has no obligation to review any Idea; and (d) DSC has no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, DSC.
2.4 Your Account
If you use the DSC Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. DSC reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders or shipments in its sole discretion.
- TERMS OF SALE
DSC sells shaving razors, grooming supplies, and other personal care products (the “Products”) to end-user customers, including customers who purchase a recurring membership plan and/or customers who make an on-demand purchase (“Members”) to receive Products one time or on a schedule they choose from the options DSC makes available (the “Membership(s)”). Products are only for Members’ own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
3.2. Placing an Order
We will contact you if your order is not accepted. This will usually be because (a) Products you have ordered are unavailable; (b) we cannot authorize your payment; (c) you are not allowed to buy Products or Membership from us or we are not allowed to sell Products or Membership to you; or (d) there has been a mistake in the pricing or description of the Products or the Membership you have ordered.
Our acceptance of your order will take place only when we have received payment from you and shipped your Products.
If any problems arise with your order, or with the shipping address or Payment Method (as defined below) associated with your Membership, and DSC is unable to resolve the problem, we may notify you via email using the email address associated with your Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to deliver future Products until the problem has been resolved.
3.3 Products and Product Pricing
The price that we will charge you for the Products and Membership depends on the Membership you choose, including the number of Products you select for each box (each a “Box”) and to the extent applicable any discount, promotion or offer. Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on the DSC Services. You may view or customize the Products in each Box by logging into your account and visiting the ‘Box’ page. If you add or remove Products from a Box, or change your Membership, this may change the price that we will charge you for the Products and Box.
We reserve the right, in our sole and absolute discretion, to change prices for Products and Memberships, at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases. If you do not wish to continue to receive the relevant Product(s) at the increased price, then you must permanently remove the Product(s) from your Box or cancel your Membership in accordance with Section 4.3 below. You must do this at least one (1) working day before the first date we ship Products to you after the price change takes effect. Unless you permanently remove the relevant Product(s) or cancel your Membership, you will be charged the increased price for the Product(s) for all deliveries of the Product(s) after the date on which the price change takes effect.
3.4 Memberships and Promotions
Your Membership may (at DSC’s sole option) start with a promotional trial period, allowing you to receive your first shipment at a reduced price or to otherwise receive trial Product(s) at a reduced price (“Trial”). You may also choose to add additional Products to your Box or Membership on a one-time or recurring basis (“Add-On Products”). During the Trial period, your Payment Method (as defined below) will be charged for only the Trial price and any shipping and taxes, if applicable, and any Add-On Products selected. For combinations with other discounts, promotions and offers, restrictions may apply. DSC reserves the right, in its sole discretion, to determine your Trial eligibility.
After the Trial period, Members will receive full-size Products shipped regularly based on the Membership and/or Products you choose at the time you signed up for the Trial (each a “Restock Box”). DSC will bill your credit, debit, or other DSC-accepted payment method (“Payment Method”) for the applicable Restock Box – based on the Product(s), Membership type, and frequency you selected, and any Add-On Products you select for each Box – at the end of the Trial period, unless you cancel your Membership prior to the end of the Trial period in accordance with Section 4.3.
To view the specific details of your Membership, including frequency of shipments and next ship date, visit our website and click the ‘Account’ page. To view your next Box price, Box contents, and ship date, click on ‘Manage.’ We may authorize your Payment Method through various methods, including authorizing it to cover your Membership as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your Trial period.
You will not receive a notice from us that your promotional pricing (which may be reduced during a Trial period) has ended or that the standard rate portion of your Membership has begun. To avoid being charged after the expiration of your Trial, you must cancel your Membership prior to the end of the Trial. After the Trial, we will continue to charge your Payment Method (depending on your Membership selection) until you cancel your Membership.
DSC reserves the right, in its sole and absolute discretion, to withdraw or modify any Product, Membership, Trial, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Memberships, offers, or promotions advertised on the DSC Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
3.5 Processing Orders
If any problems arise with your order, or with the shipping address or Payment Method associated with your Membership, and DSC is unable to resolve the problem, we may notify you via e-mail using the address associated with your Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future Restock Boxes until the problem has been resolved.
If you are dissatisfied with one of our Products, we will refund the amount paid for that Product in your most recent Box received (if you received a discount, promotion or offer, then the amount we will refund is the discounted price) if you provide notice to us as described below. Refund requests must be made directly to us at [email protected] within 30 days of the date of shipment by DSC. We are not liable for Products that you return to us that are damaged or lost in transit to Dollar Shave Club, so we advise you to return your Product using a tracked delivery method. Promptly following Dollar Shave Club’s receipt of your request (typically within five (5) business days), or, if applicable, promptly following return of your Product, Dollar Shave Club will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, DSC does not control when a specific credit card or Payment Method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback.
We will not provide a refund for a request that is received by Dollar Shave Club more than thirty (30) days after the date of original shipment. We also do not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use. Finally, we do not provide a refund for returned Product requests that are abusive or unfairly taking advantage of our policy, including but not limited to, repeat refund requests on the same Product or repeat refund requests without return of the applicable Product.
3.7 Gift Cards
The risk of loss and title to gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. DSC shall have the right to refuse service, suspend or terminate accounts or memberships or any related account(s), cancel orders or Box shipments, or recoup the amount of the Gift Card by charging the amount from the Payment Method supplied, in each case in its sole discretion, if DSC suspects a Gift Card is being redeemed and/or used in a fraudulent manner to make purchases on the DSC Services. Please review our full gift card terms and conditions.
- MEMBERSHIP TERMS AND CANCELLATION POLICY
4.1 Recurring Membership; Automatic Renewal
YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
When you sign up for a Membership, you will have the opportunity to choose (a) the Products included in each Restock Box (subject to availability); and (b) the frequency of each delivery/payment under your Membership, from the options provided at the time you sign up. Your default Restock Box shipping frequency will be selected at the time you sign up until you change it in accordance with these Terms.
DSC will automatically renew your Membership and charge your Payment Method depending on the Membership and/or Restock Box shipping frequency chosen by you and, unless we or you cancel your Membership in accordance with these Terms.
Your Payment Method will be charged at least one full business day prior to your next Box shipping date. We will charge your Payment Method with the applicable recurring cost for your Restock Box, and any Add-On Products, excluding any Products you ‘snooze’ or remove in accordance with these Terms, plus any shipping and handling costs and sales or similar taxes that may be charged with your Membership. You authorize this renewal by agreeing to the automatic renewal of your Membership and these Terms during the Membership sign-up process.
To avoid being charged, you must cancel your Membership in accordance with Section 4.3. We will continue to bill your Payment Method on a recurring basis (depending on the Membership and Box shipping frequency selected) until you cancel.
4.2 Pausing and Resuming Membership; Discontinuing Products
Your ability to pause Products
DSC offers its Members the ability to temporarily pause (or ‘snooze’) any one or more Products included in their Memberships (“Pause Period”)—you can do this by logging into your account and visiting the ‘My DSC’ or ‘Box’ pages. During the Pause Period, a Members’ account will remain active, but they will not receive the Product(s) which they have paused in their next delivery of a Restock Box. During the Pause Period, Members will continue to receive communications from DSC via email, and continue to receive (and be charged for) the delivery of any Restock Boxes (with the exception of the paused Product(s)).
The amount we charge your Payment Method will be reduced, for your next Restock Box, to reflect the fact that we will not be delivering the paused Product(s). If your purchase was entitled to a discount, promotion, or offer, then that discount, promotion, or offer, and any related change in pricing, will be recalculated (if applicable) for your next delivery, excluding the paused Product(s).
Requests to pause a Product must be received at least one full working day prior to your next shipping date to take effect for that delivery. Pause requests received by DSC through other channels (for example, by email to [email protected]) may take up to five (5) business days to process. Otherwise that request will take effect on the following delivery.
Following the delivery for which you paused a Product, the Pause Period will end and the Product which you paused will be included in subsequent deliveries of your Restock Box (unless you pause it again or permanently remove it in accordance with these Terms). You may email any questions about the Pause Period to us at [email protected]
Our right to pause or discontinue Products
From time to time, we may pause a Product included in your Restock Box—for example, if there is no availability of that Product at the time of shipping. We may permanently discontinue Products included in your Membership from time to time. If this applies to you, then we will send you an email, using the email address associated with your Membership. Your Payment Method will not be charged for Products which are not included in your Restock Box, either because we have paused them or because they have been discontinued.
4.3 Membership Cancellation or Modifications
Cancellation by Us
We may cancel your Membership at any time if you do not make any payment to us when it is due and you still do not make payment within sixty (60) days of us reminding you that payment is due. We reserve the right to not ship any Products or Box to you unless your payment for those Products, or that Box, has cleared.
We may also cancel your Membership at any time if any of the following conditions are met: (a) if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s), for example, your shipping address; (b) if you do not, within a reasonable time, allow us to deliver the Product(s) to you; or (c) if we suspect, in our sole judgment, that a purchase was fraudulently made or an account was fraudulently set up.
Cancellation or Modification by You
You may cancel your Membership at any time by logging into your ‘Account’ on the DSC website. Then, click the ‘Membership Settings’ link, and then click ‘Cancel Membership’. You must submit your cancellation request at least one full business day prior to your next Box shipping date to avoid being charged for that Box. It may take up to five (5) business days to process cancellation requests submitted through other channels that DSC makes available, such as by email. You may be charged for your next delivery if your cancellation request is not received in time for processing before your next delivery date. If you have any questions or issues, please email us at [email protected].
If you cancel or modify your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term for which you have paid.
4.4 DSC Referral Program
DSC may offer a referral program (“Referral Program”) that allows Members to earn promotional credits towards a future purchase of Products by referring their friends, family, or other individuals to DSC. For details about our Referral Program, please review our Referral Program Terms and Conditions. DSC reserves the right to terminate the Referral Program at any time for any reason, or disqualify any Member or prospective member at any time from participation in the Referral Program.
- DSC SMS TERMS AND CONDITIONS
If you would like to receive text messages about your box status, account notifications, and other special offers and announcements, you may sign up by visiting your Member account page and providing your consent to receive autodialed texts from or on behalf of us at the mobile number you’ve provided to opt-in. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to unsubscribe, you can follow the instructions provided in those messages or otherwise text “STOP” to 69372. If you have any questions, you may reply HELP to any DSC alert or contact our customer service department at [email protected].
- LIABILITY OF DSC AND ITS LICENSORS AND PARTNERS
The use of the DSC Services, including the Contents, is at your own risk. The Contents in the DSC Services could include technical inaccuracies or typographical errors. DSC may make changes or improvements at any time.
THE CONTENTS AND THE DSC SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DSC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DSC DOES NOT WARRANT THAT THE DSC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DSC SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DSC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE DSC SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DSC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
- CONTACT WITH THIRD PARTIES AND THIRD-PARTY WEBSITES
The DSC Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). DSC does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. DSC is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the DSC Services. You agree that DSC shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the DSC Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the DSC Services does not indicate DSC’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third-party on the DSC Services, or based on such third-party’s participation or presence on the DSC Services, are solely between you and the third party. DSC makes no representations or warranties with respect to the content, ownership, or legality of any such linked third-party website. If you choose to leave the DSC Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
You agree to defend, indemnify, and hold DSC, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Dollar Shave Club Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the DSC Services and/or Contents, or your violation of these Terms. DSC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, in which event the user will cooperate in asserting any available defenses.
- MODIFICATION OR SUSPENSION OF THE DSC SERVICES
You agree that DSC may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the DSC Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
DSC makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the DSC Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of DSC and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.
- CHOICE OF LAW
These Terms are governed in accordance with the laws of the state of California, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER
Please read this Section 12 (“Arbitration Agreement”) carefully. It is part of your contract with 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.
Applicable to the United States: 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.
Applicable to Canada: After any dispute arises, the parties involved in the dispute may agree to resolve the dispute using arbitration. If the parties elect to use arbitration, disputes shall be referred to ADR Institute of Canada. For a copy of the procedure to file a Claim, or for other information about this organization, contact them at www.adrcanada.ca.
- NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION
If you believe any Submission accessible on or from the DSC Services infringes your copyright, you should notify DSC of your infringement claim in accordance with the procedures below:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
- Your name, address, telephone number, and (if available) email address;
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
We will process each notice of alleged infringement that Dollar Shave Club receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Dollar Shave Club’s copyright agent at [email protected] (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
In an effort to protect the rights of copyright owners, DSC maintains a policy for the termination, in appropriate circumstances, of users of the DSC Services who are repeat infringers.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of DSC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
- COMPLETE AGREEMENT