Terms & Conditions
Effective date: November 22, 2015
Latherology reserves the right to revise this Agreement at any time by updating this document. Upon such update, you will be emailed notice with a link to the new Agreement or notified within the Site. Your continued use the Site after such update will constitute your acceptance of the changes.
Use of the Site
- The Site is available only to, and may only be used by, individuals who are 18 years of age and older and who can form legally binding contracts. Individuals under the age of 18 can use the Site only under the supervision of a parent or legal guardian. In such case, the parent or legal guardian is "you" under this agreement and is responsible for any and all activities and purchases made through the Site. You warrant that you are at least 18 years of age or at least 13 years of age and using the site under the supervision of a parent or legal guardian who bears responsibility for your use of the Site.
- Latherology grants you a limited, non-transferable, non-exclusive, personal license to use the Site for its intended purposes, as more fully described in this Agreement.
- We may restrict or ban your access to Site or limit or revoke your license at any time without notice and for any reason. Without limiting the generality of the previous sentence, you agree you will not use the Site to:
- send inappropriate or illegal material or content (as determined by Latherology) to any other user;
- misuse intellectual property, including copyrights, trademarks or patents;
- perform, or assist in the performance, any act or omission which could be deemed illegal in any jurisdiction;
- disrupt, or attempt to disrupt, the Site's or Latherology’s hosting, security, connectivity, or communications; or
- make fraudulent purchases
- You agree not to alter, modify, publish, sell, share, or in any other way distribute content, or derivative works thereof, from the Site. You agree not to data-mine, utilize spiders or robots, or use any methodology to catalog or image any portion of the site or disrupt service.
- You agree to use the Site solely for personal, noncommercial use.
Registration and Passwords
- You may be required to provide personal information to access the Site and make purchases. You warrant that all information provided to the Site is truthful, accurate, and complete at the time of submission, and that you will update such information as necessary to ensure maintenance of an accurate record.
- You agree to keep your login credentials confidential.
- You acknowledge that any intellectual property used on the Site or by Latherology, including, without limitation, logos, text, images, and videos, whether or not trademarked, copyrighted or patented, is property of its respective owner and that no license, assignment, or sale of intellectual property has been offered to you. You agree not to use any of the intellectual property associated with the Site or Company, or derivatives thereof, including the name “Latherology," for any purpose other than those expressly permitted in this Agreement. Latherology reserved all rights to its intellectual property. You agree not to share, copy, transmit, sell, or in any other way distribute any intellectual property found on the Site.
- You grant Latherology a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense any material you post to the Site or share with Latherology.
Ordering from Latherology
- Latherology allows users to customize bath and shower products with use of the Site’s proprietary customization application (each a “Product”).
- You agree to pay the price corresponding to each Product that you select and purchase through the Site. All prices are in United States denominations unless otherwise stated. Payment is due at the time of purchase and Product may not be created or shipped to you if Payment is not made.
- As a convenience for our customers, Latherology also offers ongoing monthly deliveries of Products (each a “Subscription”). You can purchase a Subscription through the Site. You will automatically be charged each month for your ongoing Subscription at the then-current price listed on the Site. The Subscription will continue until canceled by either you or Latherology. Latherlogy may cancel your subscription at any time, with or without notice, and for any reason. We may also temporarily delay a monthly delivery if the Product is out of stock. You may cancel your Subscription at any time and for any reason by accessing the corresponding option in the Site or contacting Latherology. Upon cancellation, you will cease receiving Products and will not be billed for future Pqroducts, but will receive no refund for previous Products except as otherwise provided for in this Agreement.
- All purchases may be completed online through the use of third party payment processing services ("Processors") utilized by Latherology. Latherology and the Processors may receive updated credit card information from your credit card issuer or bank. Such updated information is provider at the discretion of your credit card issuer. Neither Latherology nor the Processors shall be responsible for any distribution of your credit card information.
- Latherology uses commercially reasonable efforts to deliver products through the mail as scheduled, but scheduled deliveries cannot be guaranteed. You bear the risk of loss for all Products once shipped. Without limiting the generality of the previous sentence, we may, after an investigation and in our sole discretion, offer refunds or credits for Products lost or damaged through the mail. To place a claim for a lost or damaged Product, you must notify Latherlogy within 30 days of the date of your purchase.
- Latherology is not responsible for typographical errors or inaccuracies as it relates to products available on the Site. Pricing is subject to change at any time without notice.
- Latherology cannot guarantee that certain Products will be in stock at any given time.
- Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates and cannot be guaranteed.
- Latherology wants you to love its products and provides our “Love It Guarantee.” If you are not satisfied with any Product, our latherologist will work with you to (1) mix one new Product for free (except for shipping and handling costs) or (2) provide a full refund. You may only receive one new Product per original Product purchase. For illustrative purposes, if you purchase a Product on January 1 and are not satisfied, you may receive a new Product for free, other than shipping and handling costs, or a full refund. If you receive the replacement Product and are not satisfied, no new products or refunds will be offered.
- We actively screen for fraudulent transactions in order to protect our users. We reserve the right to refuse to process any order if we suspect fraud or misuse of financial information.
Limitation of Damages
- PRODUCTS ARE PROVIDED WITH NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES FOR A PARTICULAR PURPOSE OR FITNESS. YOU AGREE THAT ALL PRODUCTS ARE OFFERED “AS-IS” AND “WHERE IS.”
- Latherology shall in no way be responsible for any losses or damages whatsoever arising out of or relating to your use of the Site or the Products, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, including, without limitation, death, bodily injury, emotional distress, and/or any other damages.
- You agree to indemnify and hold Latherology, its subsidiaries, parents, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability or claim, made by any third party due to or arising out of your breach of or failure to comply with this Agreement, your use of the Site, and your violation of any statute, regulation, ordinance, code, or agreement.
- This Agreement shall be governed by the laws of the state of Ohio, irrespective of the conflicts of law. Any dispute arising hereunder or related to this Agreement shall be brought exclusively in the courts of Franklin County, Ohio. The prevailing party in any dispute arising hereunder shall be entitled to collect from the non-prevailing party reasonable attorney’s fees and costs.
- You agree to waive your right to participate in any class action, including a class or group arbitration.
- Notwithstanding the terms of this Section 6, each party retains the right to bring an individual action to seek injunctive or other relief in a court of competent jurisdiction to prevent (1) the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights or (2) actual or threatened tortious interference with a business relationship or contract.
- Latherology may provide you with messages regarding Latherology, the Site, or its business partners via email or SMS message. You hereby expressly consent to receive such messages, and further consent that by typing your name when registering for the Site, that you have electronically signed your name agreeing to such.
- Any delay or failure of Latherology to exercise or enforce any portion of this Agreement shall in no way constitute acquiescence or a waiver of rights.
- You may contact Latherology by email at: email@example.com