Born Bathing LLC
Terms of Use Agreement
Date last revised: January 2022
Effective Date: January 2022

Thank you for choosing Born Bathing. Please take the time to read our Terms of Use Agreement (“Agreement”). By using Bathing’s websites or mobile applications, you agree to the following terms. This Agreement is a contract between you (“User(s)” or “You”) and Bathing LLC, a Washington State limited liability corporation (“Bathing,” the “Company”).

For information on customer data, privacy, and security, please see our Privacy Policy (“Privacy Policy”) located on our website at Bornbathing.com

Contractual Relationship.

The terms of this Agreement apply to your use of Bathing websites, products and services (the “Bathing Website”) made available by Bathing LLC and its affiliates, representatives, officers, directors. By accessing or using the Services, you confirm your agreement to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Services. This Agreement supersede prior agreements or arrangements. In rejecting the terms of this Agreement, Bathing may immediately terminate any Services with respect to you, or generally, cease offering Services or deny access to the Services or any portion thereof, at any time for any reason.

Any personal data you submit to the Bathing Website or which we collect about you is governed by our Privacy Policy which can be accessed here. You acknowledge that by using the Bathing Website you have reviewed the Privacy Policy and agreed to its terms.

Your use of the Bathing Website constitutes your acceptance of and agreement to all of the terms and conditions in this Agreement, the Privacy Policy, and any future amendments and additions to this Agreement as we may publish from time to time. The Privacy Policy is incorporated by reference into this Agreement and together form and are hereinafter also referred to as this “Agreement.”

Bathing also reserves the right to change or modify this Agreement from time to time without any notice to you. Amendments will be effective upon Bathing's posting of such updated modifications. Your continued access or use of the Services after such posting confirms your consent to be bound by this Agreement, as amended.

BY AGREEING TO THESE TERMS WHETHER BY ACCEPTING THEM DURING THE BATHING ACCOUNT SIGN-UP PROCESS OR BY USING THE BATHING WEBSITE WITHOUT AN ACCOUNT, YOU ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND DO NOT ACCEPT THEM, YOU DO NOT HAVE THE RIGHT TO USE THE BATHING WEBSITE.

Please contact our customer service department with any questions or comments about this Agreement:

Customer service: truebeauty@bornbathing.com

The Services.

Bathing’s services comprise websites (“Site”), and related services which include enabling Users to purchase certain goods, including with third-party providers of such services and goods under agreement with Bathing or certain Bathing affiliates ( collectively “Services”).

Access to and Use of the Services.

In order to access and use Bathing’s Services, you must provide personal information required to facilitate the purchase and shipment of product, be at least 18 years of age and otherwise capable of entering into binding contracts, and you have the right and authority and capacity to enter into this Agreement and to abide by its terms and conditions.

Account registration requires you to submit to Bathing certain personal information (“Personal Information”) such as name, address, mobile phone number, age, and at least one valid payment method supported by Bathing. In registering an account on the Website you agree to provide true, accurate, current, and complete information about yourself as prompted by any registration forms.

Account registration also requires you to select a confidential password to protect Account. Failure to maintain accuracy and up-to-date information in your Account may result in your inability to access or use the Services (as defined below). Users may create only one Account. Users may not authorize third parties to use or access their Account. You may not assign or transfer your Account to a third party. Users are solely responsible for maintaining the confidentiality of their Account and are responsible for all activities that occur under your password and Account. Should you suspect that any unauthorized party is accessing your Account or any other breach of security, you agree to notify Bathing immediately.

License and License Restrictions.

Subject to your compliance with these Terms, Bathing grants you a personal, limited, non-sublicensable, non-transferrable, and revocable license to access the Bathing Website on compatible devices that you own or control, solely for your own personal, non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Bathing Website. Bathing may revoke this license at any time, in its sole discretion.

You may not modify, alter, reproduce, reverse engineer, distribute, or make the Website available over a network where it could be used by multiple devices simultaneously. You may not rent, lease, lend, sell, redistribute or sublicense the Website. If you breach these license restrictions, or otherwise exceed the scope of the license granted under these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights.

Transactions.

Payment.

Payment for the Service may be made with credit or debit cards via Stripe/Paypal, our third-party payment provider (“Payment Provider”). Cards are charged upon purchase. Bathing accepts all major credit cards. Your credit card provider agreement governs your use of the designated credit card, and the terms and conditions on the website of the Payment Provider governs your use of its website, and you must refer to the respective agreement or terms and conditions to determine your rights and liabilities. By providing to Stripe, on behalf of Bathing, with your credit card number and associated payment information, you agree that Bathing is authorized to immediately invoice your Account for all fees and charges due and payable to Bathing hereunder and that no additional notice or consent is required. You agree to immediately notify Bathing of any change in your billing address or the credit card used for payment hereunder. Bathing reserves the right at any time to change its prices and billing methods, either immediately upon posting on Bathing Website or by e-mail delivery to you. Payment for Services will not be accepted in cash.

Automatic Subscription Renewal.

We may offer subscriptions to certain of our Services. If you have elected to purchase a subscription to the Services, your subscription will remain in effect until it is cancelled. After the Initial Term of your subscription, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Bathing’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or in the event that you receive a notice from Bathing that your subscription will be automatically renewed, you will have thirty (30) days from the date of Bathing’s notice), by logging into your Account and accessing your settings. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. By subscribing, you authorize Bathing and/or Squarespace to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Squarespace/Stripe/paypal does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Bathing and/or Squarespace/Stripe/paypal may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). You will have thirty (30) days from the Services Commencement Date, or any Renewal Commencement Date, for any Services hereunder, to cancel such Services, in which case Bathing will refund your Services subscription fee, if already paid for the applicable Services.

Disputes.

To dispute an order, the User must notify Bathing in writing within seven (7) days after receiving your credit card statement. If you fail to dispute any of our charges on that statement within the seven (7) day timeframe, such dispute shall be deemed waived.

Referral, Discount and Promotional Codes.

Bathing may, in its sole discretion, create referral and promotional codes that may be redeemed in your account for discounts on future Services and/or a third-party provider's services, or other features or benefits related to the Services and/or a third-party provider's services, subject to any additional terms that Bathing establishes. You agree that referral and promotional codes: (a) must be used for the intended audience and purpose, and in a lawful manner; (b) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Bathing; (c) may be disabled by Bathing at any time for any reason without liability to Bathing; (d) may only be used pursuant to the specific terms that Bathing establishes for such promotional codes; (v) are not valid for cash; and (e) may expire prior to your use. Bathing reserves the right to withhold or deduct credits or other benefits obtained through the use of referral or promotional codes by you or any other user in the event that Bathing determines or believes that the use or redemption of the referral or promotional code was in error, fraudulent, illegal, or otherwise in violation of Bathing’s Terms.

Products or Services.

Certain products or services may be limited in supply. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

Shipping.

Bathing will use commercially reasonable efforts to meet any shipment schedules set forth in the Services, however any shipment date or forecast by Bathing is only an estimate of the time required to make shipment. Unless otherwise agreed to by Bathing, all items will be shipped by Bathing, or it’s designated third-party representative, in Bathing’s standard packaging using a standard delivery service specified by Bathing.

Termination and Suspension.

Bathing may terminate or limit your right to use the Bathing Website in the event that Bathing is investigating or believes that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation shall take effect immediately upon notice to User. Upon termination of User Account, User shall be prohibited from creating a new Account under your name or under a fake name or in the name of any third party. Termination of User Account does not negate the enforceability of this Agreement.

Intellectual Property Rights.

All Bathing trademarks, copyrights, trade names, patents, trade secrets or other intellectual property, whether or not registered, are proprietary to Bathing and the Company retain all rights to them.

All text, photographs, graphics, logos, type face, designs, sounds, videos, images, trademarks, designs, and editorial content (collectively “Proprietary Material”) that Users see or interface with on the Bathing Site or Website is either licensed to or owned solely by Bathing. Bathing’s Proprietary Material shall be protected in all forms of media and technologies, known, unknown, and hereinafter developed. Bathing shall be considered the author of all Proprietary Material as defined in the United States Copyright Act. Users may not copy, download, recreate, reconfigure, redesign, reverse engineer, reprint, retransmit or use anything from the Bathing Website without Bathing’s express written permission or without obtaining their own license.

All service marks and trademarks of Bathing and Bathing logos, whether registered or not, belong exclusively to and are owned by Bathing. Any other third-party trademarks, service marks, or logos that appear on the Bathing Website or Site, belong to their respective owners. Users may not copy or use any of these marks, logos, or trade names with the written consent of the mark owner.

Limitation of Liabilities.

You acknowledge and agree that Bathing is only willing to provide the Bathing Website if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Bathing and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys’ fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Bathing Website, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User or Service Provider (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User or Service Provider, any instruction, advice, act, or service provided by Bathing and Affiliates.

UNDER NO CIRCUMSTANCES WILL BATHING AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST ITEMS, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY BATHING, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE BATHING WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.

BATHING AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS BATHING WEBSITE. BATHING AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE BATHING WEBSITE.

Dispute Resolution and Arbitration.

IMPORTANT: PLEASE CAREFULLY READ THROUGH THE ARBITRATION AGREEMENT BELOW, AS IT MANDATES THAT DISPUTES BETWEEN YOU AND BATHING WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN LITIGATION.

Arbitration Guidelines.

By entering into these Terms, you and Bathing agree that both you and Bathing are required to settle any disputes relating to (a) this Terms of Use Agreement, the existence, breach of contract, termination of Account, enforcement of Terms, interpretation or validity thereof, the Bathing Website, Services, your relationship with Bathing, payments made by you or (b) Users’ access and use of the Bathing Service on or before the date User agreed to these terms, on an individual basis in arbitration outside a court of law, as described by this Arbitration Agreement. This agreement precludes you from acting as a plaintiff or class member in any current or future case against Bathing. It will also preclude User from bringing any collective, consolidated or representative action against Bathing.

However, you and Bathing each retain the right to file an individual action in small claims court and 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.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND BATHING ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES WHICH BY THE TERMS OF THIS ARBITRATION AGREEMENT ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.

This Arbitration Agreement is governed by the Federal Arbitration Act (FAA) and the rules of the American Arbitration Association (AAA), which can be found on the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. This Arbitration Agreement survives through the termination of this Agreement or the end of your relationship with Bathing.

Arbitration Procedure.

The Arbitration Procedure is commenced only upon the delivery of a written Demand for Arbitration by the User to Bathing, as specified by the AAA rules. The arbitration will be held in the in the county of King, State of Washington or another location agreed upon by you and Bathing. If the value of the claim is less than 10,000 USD, either you or Bathing may opt to proceed with the arbitration on the telephone or in written correspondence. Other claims may require in-person hearings, subject to the arbitrator’s discretion. In accordance with the AAA’s rules, fundamental fairness may be met by holding meetings on the telephone or by other electronic means, unless otherwise directed by the arbitrator. If your claim is greater than 10,000 USD, your right to a hearing will be determined by AAA rules.

Arbitrator.

You and Bathing agree that you rights in the event of a claim will be decided by a neutral arbitrator rather than a jury or judge. The Arbitrator, not a federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to this Arbitration Agreement. In accordance with the Federal Arbitration Act and the American Arbitration Association, the arbitrator may either be (a) a retired judge or (b) or a lawyer licensed to practice in the state of Washington and authorized by the AAA to conduct arbitration procedures. Both User and Bathing have equal right to choose the arbitrator from the AAA’s list of authorized consumer dispute arbitrators. If User and Bathing cannot agree on an arbitrator within seven (7) days of the delivery of the Demand for Arbitration, an arbitrator will be chosen by the AAA in accordance with AAA rules.

Arbitration Awards.

The Arbitrator will decide upon the substance of the award in compliance with all applicable laws and on the timeframe determined by AAA rules. The arbitrator’s award is final and binding on both you and Bathing. Judgement on the award may be brought to a court of competent jurisdiction to do so. Bathing hereby waives all right to recover costs associated with arbitration if Bathing wins in arbitration.

During the arbitration, the amount of any settlement offer made by User or Bathing must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

Fees.

The costs of arbitration will be shouldered based on AAA rules. If User commences arbitration in accordance with these Terms, User will be required to pay $250 to initiate the arbitration. If the arbitrator finds the arbitration to be non-frivolous, Bathing will pay all other fees including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, User agrees to reimburse Bathing for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.

No Class or Representative Actions.

YOU AND BATHING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both User and Bathing agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any court or arbitrator determines that this “No Class or Representative Actions” section is void or unenforceable for any reason or that an arbitration can proceed on a class or representative basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Changes to this Arbitration Agreement.

Except for inconsequential changes that do not affect any rights or obligations herein, Bathing will provide thirty (30) days' notice of any changes to this section by posting on the Bathing Website, sending User a message, or otherwise notifying you when you are logged into your Account. Amendments will become effective thirty (30) days after they are posted on the Website or sent to you, or otherwise notified when you are logged into your Account. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Modifications" is not enforceable or valid, then this subsection shall be severed from the section entitled “Dispute Resolution and Arbitration,” and the court or arbitrator shall apply the first Dispute Resolution and Arbitration section in existence after you began using the Website. You may otherwise reject the change by sending us written notice within thirty (30) days of the change to Bathing’s address for Notice, in which case your account with Bathing will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.

Notice Process.

A party who intends to seek arbitration must first send a written notice of the Dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”).

Bathing’s address for Notice is:

Bathing LLC
P.O Box 868
Trinity, TX 75862
Attn: General Counsel

The Notice must: (1) Describe the nature and basis of the claim or dispute; and (2) Set forth the specific relief sought (“Demand”).

Disclaimer of Warranties and Conditions

As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF BATHING WEBSITE IS AT YOUR SOLE RISK, AND ITEMS AVAILABLE ON BATHING WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. BATHING PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. This Section 10 does not affect in any way our return policy or limited warranty for goods purchased on the Website.

BATHING MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) BATHING WEBSITE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF BATHING WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF BATHING WEBSITE WILL BE ACCURATE OR RELIABLE.

ANY CONTENT ACCESSED THROUGH BATHING WEBSITE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS BATHING WEBSITE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. BATHING MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BATHING OR THROUGH BATHING WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Severability.

In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.

No Joint-Venture.

No agency, partnership, joint venture, employer-employee or franchise-franchisee relationship is intended or created by this Agreement.

Force Majeure.

Bathing cannot be held accountable for delayed or canceled service in an event entirely out of our control, including but not limited to fires, floods, landslides, storms, earthquakes, civil disturbances, cybersecurity issues, computer bugs, telecommunication disruptions, governmental action, or an act of God. In such an event, Bathing will attempt to resume service as soon as safely possible.

Changes to this Agreement and the Bathing Website.

Bathing reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Bathing Website or any content or information through the Bathing Website at any time, effective with or without prior notice and without any liability to Bathing. Bathing will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Bathing Website. Your continued use of the Bathing Website following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Bathing may also impose limits on certain features or restrict your access to part or all of the Bathing Website without notice or liability.

No Rights of Third Parties.

None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

Indemnity.

By agreeing to these terms and using the Bathing Website, the User agrees to indemnify and hold harmless Bathing and its officers, its employees, agents, and affiliates from any and all liabilities, claims, expenses (including attorney fees), losses, arising out of or in connection with your use of the Service or breach of these terms.

Governing Law.

This Agreement and your use of the Bathing Website will be governed by, and will be construed under, the laws of the State of Washington, without regard to its conflict of law principles.