Your acceptance of the terms of service+
1. By registering for and/or using the services in any manner, including but not limited to visiting or browsing the website, you agree to these Terms of Service and all other rules, policies and procedures that may be published from time to time on the website by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
2. Certain services may be subject to additional terms and conditions specified by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
3. These Terms of Service apply to all users of the services, including, without limitation, registered and unregistered users.
4. Arbitration notice and class action waiver: except for certain types of disputes described in the arbitration section below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class.
5. This website and services are offered and available to users who are 18 years old or older. By using this website or services you represent and warrant that you are of legal age to form a binding contract with Roses Razors. If you are not 18 years old or older, you must not access or use the Website or Services.
To sign up to use the services, you must register for an account on the services (an “Account”). You must provide accurate and complete information and keep your account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without the necessary and required authorization; or (iii) use, as a username, a name that is otherwise offensive, inappropriate, vulgar or obscene. You are solely responsible for the activity that occurs on your account, and for keeping your account password secure. You may never use another person’s user account or registration information for the services without written permission from the other user. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account. You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates.
Members agree not to use the Program to:
1. Violate applicable law;
2. Stalk, harass, or harm another individual;
3. Collect or store personal data about other members;
4. Impersonate any person or otherwise misrepresent member's identity;
5. Interfere with, disrupt or violate the terms and conditions or servers or networks connected to the program; or disobey any requirements, procedures, policies, or regulations of such networks;
6. Interfere with another member's use of the program;
7. Attempt to gain unauthorized access to the program, other accounts, computer systems, or networks connected to the program;
8. Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
9. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
10. Resell, barter, trade, auction or otherwise generate income by providing access to the program to others;
11. Submit personal information relating to third parties to the program without the consent of those third parties.
12. All orders of our products must be for your personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes whatsoever. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place using the services or website.
Users are prohibited from using the services or website in any way that:
1. 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);
2. Is unlawful, fraudulent, or deceptive;
3. Uses technology or other means to access unauthorized content or non-public spaces;
4. Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public data;
5. 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;
6. Attempts to damage, disable, overburden, or impair our servers or networks;
7. Attempts to gain unauthorized access to a Rose's Razors computer network;
8. Attempts to gain unauthorized access to Rose's Razors user accounts;
9. Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
10. Violates these terms in any manner; or
11. Fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
Rose's Razors reserve the right, in its sole discretion, to terminate any user license, remove content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to content or use of the services or website, in that Rose's Razors reasonably believes is or might be in violation of these terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these terms.
Payments And Billing+
Some of the services offered by us, include the purchase of products that may be subject to payments now or in the future (the “payment services”). Please see our website for a description of the pricing for current payment services. Please note that any payment terms presented to you in the process of using or signing up for a payment service are deemed part of this agreement.
We use a third-party payment processor (the “payment processor”) to bill you through a payment account linked to your account on the services (your “billing account”) for use of the payment services. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to this agreement. We are not responsible for errors by the payment processor. By choosing to use payment services, you agree to pay us, through the payment processor, all charges at the prices then in effect for any use of such payment services in accordance with the applicable payment terms and you authorize us, through the payment processor, to charge your chosen payment provider (your “payment method”). You agree to make payments using that selected payment method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we, through the payment processor, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.
Some of the payments services we offer, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. More information on auto-replacing products can be found on our website. By choosing a recurring payment plan, you acknowledge that such services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment. We may submit periodic charges (eg: monthly) without any further authorization needed from you, until such time that you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or desire to change your payment method. Such notice will not affect charges submitted before we reasonably could act on your notice. If you wish to terminate your authorization or change your payment method, go to www.rosesrazors.com
CURRENT INFORMATION REQUIRED
As part of your continued use of the services you are required to provide current, complete and accurate information for your billing account. You must promptly update all required information to keep your billing account current, complete and accurate (including providing a change in billing address, or updated credit card numbers, or credit card expiration dates), and you must promptly notify us or our payment processor if your payment method is canceled (eg: for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made at www.rosesrazors.com. If you fail to provide any of the above mentioned information, you agree that we may continue charging you for any use of payment services under your billing account unless you have terminated your payment services as set forth above.
CHANGE IN AMOUNT AUTHORIZED
If the amount to be charged to your billing account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
AUTO-RENEWAL FOR SUBSCRIPTION SERVICES
Unless you opt out of auto-renewal, which can be done through your account settings www.rosesrazors.com/profile, any subscription services, such as any auto-replacing products (“subscription services”), you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your subscription services at any time, go to account settings www.rosesrazors.com/myaccount. If you terminate a subscription service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. All fees related to subscription services are fully earned upon payment.
REAFFIRMATION OF AUTHORIZATION
Your non-termination or continued use of a payment service (including subscription services) reaffirms that we are authorized to charge your payment method for that paid service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the payment service.
Free Trials And Other Promotions+
Any free trial or other promotion that provides access to a payment service (a “trial offer”) must be used within the specified time of the trial. You will be required to have a valid payment method on file in order to initiate a trial offer. You must stop using a paid service before the end of the trial offer period in order to avoid being charged for that paid service. If you cancel prior to the end of the trial offer period and are inadvertently charged for a paid service, please contact us at email@example.com. Trial offers are one-time only for new customers and are limited to one per household. Additional terms and limitations may apply and will be more fully explained at the time you sign up for the trial offer. Any such additional terms and limitations are deemed part of this agreement.
We may terminate your access to all or any part of the services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the website or through the services. Any fees paid hereunder are non-refundable. All provisions of these terms of service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Accessing the Website and Account Security+
We reserve the right to withdraw or amend this website, and any service or material we provide on the website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users.
You are responsible for
We have no special relationship with or fiduciary duty to you or any user. You acknowledge that we have no duty to take any action regarding:
1. which users gain access to the services;
2. what content you access via the services; or
3. how you may interpret or use the content.
You release us from all liability for you having acquired or not acquired content through the services. We make no representations concerning any content contained in or accessed through the services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the services.
The services and content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the services is free of viruses or other harmful components; or (iv) the results of using the services will meet your requirements. Your use of the services is solely at your own risk.
To the extent permitted by law the exclusion or limitation of certain warranties, or some or all of the exclusions and limitations in this section may not apply to you.
Limitation Of Liability+
User acknowledges and agrees that without the foregoing exclusions and limitations of liability, We would not be able to offer the website or services, and that such exclusions and limitations of liability shall apply, even if they would cause user’s remedies under this agreement to fail of their essential purpose. Notwithstanding the foregoing, some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages in certain circumstances, and so the foregoing limitation and exclusions may not apply to user to that extent.
User agrees to indemnify and hold harmless Rose's Razors, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Rose's Razors Parties") from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) arising from or related to the User's misuse of the services or products, violation of these terms, or violations of any rights of a third party, or any allegation thereof. Rose's Razors 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. This provision does not require you to indemnify any Rose's Razors party for any unconscionable commercial practice by such party, or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
By using the services you agree that the laws of the state of New Jersey without regard to principles of conflict of laws, will govern this agreement and any dispute of any sort that might arise between you and us.
Any dispute relating in any way to your use of the services shall be submitted to confidential binding arbitration in bergen county, New Jersey except for intellectual property claims brought by either party (which for purposes of this section do not include privacy and publicity claims) and claims that may be brought in small-claims court.
Confidential arbitration under this agreement shall be resolved exclusively under the consumer arbitration rules then prevailing of the american arbitration association ("aaa's consumer rules"), excluding any rules and procedures governing or permitting class or representative actions. The rules are available at the american arbitration association's website.
You and Rose's Razors agree to expressly waive any rights to file class or representative actions or seek relief on a class or representative basis in any jurisdiction or forum.
The arbitrator shall apply New Jersey law, and the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. There shall be no appeal from any award of the arbitrator. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. If any part of this arbitration provision is found to be invalid, unenforceable or illegal, the rest of this provision shall remain in effect.
If the entire arbitration provision is found to be invalid or unenforceable, then the parties consent to personal jurisdiction and exclusive venue in the state and federal courts in bergen county, New Jersey.
In the event that either party is unable to perform any of its obligations under this agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of god, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the affected party or other causes beyond such party’s reasonable control (a “force majeure event”) the party who has been so affected shall immediately give notice to the other party and shall do everything possible to resume performance.
Waiver and Severability+