TERMS OF SERVICE
March 20, 2017
Jo-El Wire Company, LLC (“Brush Up,” “we” or “us”) is proud to present our Brushup patented and patent-pending toothbrush (the “Brushup Toothbrush”) and corresponding Brushupclub.com website and monthly Brushup Toothbrush delivery services (the “Services”). This page outlines the Terms of Service under which we provide you with the Brushup Toothbrush and the Services.
Please note that these Terms of Service are subject to change. We, in our sole discretion, may revise the Terms of Service at any time by updating this page. We will provide you with of such changes by highlighting the change on our homepage at www.brushupclub.com for 7 days before implementing the changes. You should visit this page periodically to review the Terms of Service, as it is binding upon you.
In addition, please also be advised that these Terms of Service contain provisions that govern how disputes between you and Brushup are resolved, including arbitration, a jury trial waiver and a class action waiver.
1. THE BRUSHUP TOOTHBRUSH & SERVICES
Our patented and patent-pending Brushup Toothbrush is designed to land bristles up when it is dropped. This reduces the likelihood of the toothbrush touching a dirty surface. In order for you to obtain your very own Brushup Toothbrush, you must sign up for our Services. Once you sign up for our Services and pay the Fee [hyperlink down to the section describing fees], we will ship you a Brushup Toothbrush every three (3) months until you cancel the Services or the Services are terminated.
*Please note that your Brushup Toothbrush may not look identical to the ones featured on our website, but it will function in a similar manner, landing bristles up when dropped.
2. YOUR RESPONSIBILITIES
1. Use the Brushup Toothbrush and Services Responsibly. You agree that you are responsible for your conduct while using the Brushup Toothbrush and/or Services. You shall use the Brushup Toothbrush in a responsible and reasonable manner, and you acknowledge and agree that we are not responsible for the results of any action or inaction that occurs if you use the Brushup Toothbrush in a manner that is not intended or reasonable. You also agree that you are responsible for keeping your Brushup Toothbrush clean and in good working condition.
2. Maintain the security of your account, password and devices. You are also responsible for your username, passwords, and the security of your BrushupClub account (“Account”). You may never use another’s username and password. You may not allow others to access or use the Services with your unique username, password, or other security code. You agree to notify us immediately of any breach of security or unauthorized use of your Account. You acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your username and password. You shall keep your Account password secure, and take appropriate measures to safeguard the security of your username, password and electronic device(s).
3. Provide Us with True & Accurate Information. You are responsible for providing us with your valid email address, full legal name, accurate address, and any other information requested to obtain the Brushup Toothbrush and Services. If any of this information changes, the information must be immediately updated with the current information. Information can be changed or updated by going to your Account settings section on brushupclub.com/my-account. All users can also contact us with questions on how to update or change their information through our submission form. You understand and agree that you are responsible for all information, data and content that you enter into the Services and/or provide to us, and all activity that occurs while you are using the Brushup Toothbrush and Services.
3. REQUIREMENTS FOR USE OF THE BRUSHUP TOOTHBRUSH AND SERVICES
1. Use the Brushup Toothbrush & Services only for acceptable uses and not for any illegal or prohibited purpose. As one of the conditions of your use of the Brushup Toothbrush and Services, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Brushup Toothbrush and Services for anything other than the Intended Purpose, which is defined below in Section 3.7. You shall NOT use the Brushup Toothbrush or the Services in any manner that is prohibited by these Terms of Service or which is illegal or prohibited by applicable law.
2. Comply with laws in your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable data. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data and personally identifiable information.
3. Be over the age of 18 and capable of giving legal consent. You must be at least the age of 18 to sign up for an Account for the Brushup Toothbrush and Services. Any creation of an Account by someone under the age of 18 is strictly prohibited and is a violation of these Terms of Service. By creating an Account and using the Services, you represent and warrant that you are over the age of 18 and you have the full right, power and authority to enter into these Terms of Service and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms of Service.
4. Not be previously prohibited from using the Services. The Services may not be used by anyone we previously prohibited from using the Services.
5. Be a human. Accounts registered by “bots” or other automated methods are not permitted.
6. Don’t resell the Brushup Toothbrush. We provide the Brushup Toothbrush only to end-users who sign up for the Services and agree to pay a reoccurring fee. As such, you acknowledge and agree you are using the Brushup Toothbrush and Services only for your own personal, non-commercial use. You may not purchase the Services for further distribution or resale or for any other commercial or business purpose. The Brushup Toothbrush and Services, and all rights and privileges conferred therein, are personal and non-transferable.
7. Use the Brushup Toothbrush and Services only for their Intended Purpose. The Brushup Toothbrush and Services are designed to help you maintain good oral hygiene (the “Intended Purpose”). You agree that you will only use the Brushup Toothbrush and Services for the Intended Purpose. YOU SPECIFICALLY AGREE THAT YOU WILL NOT:
- Use the Brushup Toothbrush and Services if you are under the age of 18.
- Use the Services to upload, post, email, otherwise transmit, or post links to any content, or select any username or email address, that is misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Use the Services to upload, post, email, otherwise transmit, or post links to any content or information that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Use the Services to upload, post, email, otherwise transmit, or post links to any content or information that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age without parental consent.
- Use the Services to “stalk” or otherwise harass another.
- Use the Services to collect or store personally identifying information about others without their permission.
- Use the Services to impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
- When signing up for an Account, use misleading email address or enter false and/or misleading information.
- Use the Service to upload, post, email, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Use the Services to upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking.
- Use the Services to upload, post, email, otherwise transmit, or post links to any content or information that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
- Use the Services to upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Use the Services to upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services.
- Use automated means, including spiders, robots, crawlers, or the like to download data from any of our databases, unless said means is by an API that we have specifically approved of.
- Conduct your own contests and promotions using the Brushup Toothbrush or Services, or use the Services to upload, post, email, otherwise transmit, or post links to any information regarding any raffle, contest or game requiring a fee by participants without our explicit written consent.
- Incorporate information or content from our Services into any email or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-bates or otherwise.
- Engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser, unless said system is by an API that is specifically approved of by us.
- Interfere with or disrupt the Services or servers or networks connected to the Services.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with the Services.
- Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive or contrary to the spirit of these Terms of Service.
- Use any Brushup Toothbrush or product created by us to cause harm to anyone.
4. MONITORING & SECURITY
2. Security. While we take the security of your Account and the Services very seriously, we cannot ensure or guarantee their security. Any such use shall be at your sole risk, and you shall relieve us and our affiliates of all liability in connection therewith.
5. FEES, CANCELLATION, TERMINATION AND REFUNDS
1. Pricing. In order for you to obtain your very own Brushup Toothbrush, we require that you create an Account and pay the fee for the Services. Current fees and a description of the corresponding Services can be found on Brushup Club’s pricing page located at brushupclub.com/join/ (the “Fee”). Once we receive the first Fee, we will ship a Brushup Toothbrush to the address listed in your Account. We will continue to charge you the Fee and ship you new Brushup Toothbrushes on a regular basis, depending on what Brushup plan you select, / every three (3) months from the date of your first order, until your Services are cancelled or terminated per Section 5.4 and Section 5.5, below. We reserve the right to change prices at any time, and we will post the changes on the Site. We do not provide price protection or refunds.
2. How we charge you for your Brushup Toothbrush and Services. When you sign up for the Services, you must pay the Fee. We will ship the Brushup Toothbrush once we receive the Fee. You will then be automatically charged the Fee every three (3) months from the date you signed up for the Services. You specifically acknowledge that the Services have an initial and then recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. To be clear, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED THE FEE EVERY THREE (3) MONTHS. Please note that if you sign up for the Services, we will submit the charges to the payment method you used to set up without further authorization from you, until you cancel the Services, the Services are terminated, or you change your payment method. Such notice will not affect charges submitted before we could reasonably act.
3. Fee Collection; Information provided by your credit/banking institution. We accept credit card payments to collect the Fee. We currently process Fee payments through Stripe. You agree to pay the Fee. You are also responsible for paying any sales and use taxes that may apply to your purchase of the Services. All payments shall be made in advance prior to shipping a Brushup Toothbrush. If you do not pay the Fee on time or if your payment method cannot be charged for any reason, we will not ship your Brushup Toothbrush and we reserve the right to either suspend or terminate the Services and your Account. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the cancellation of your Services for this reason. Brushup and our third party payment service provider (currently, Stripe) may receive updated payment/banking information from your credit card or payment method issuer. The disbursement of this updated information is provided to Brushup and our third party payment service provider at the election of your credit card and payment method issuer. Neither Brushup nor our third party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.
4. Membership Cancellation. You may cancel the Services at any time by logging on to your Account within brushupclub.com/my-account. To cancel the Services, please log in to your Account and select the cancel button next to the subscription you wish to cancel. Cancellation requests submitted in this manner must be received at least one full calendar day prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received after that date shall take effect the following month. If you have any problems with cancellation, or would like further assistance with cancelling your account, please email us here [link].
Please note that if you cancel your Services and your Account, you may not be provided with notice of this cancellation and you will no longer have access to the Services and you will no longer receive a Brushup Toothbrush. You also may not have access to any information within the Services. We are not responsible for any losses you have in the event a Customer cancels your Account.
5. We may also terminate or suspend your Account. We, in our sole discretion, have the right to suspend or terminate your Account and refuse to provide you with the Services for any reason at any time, including a violation of these Terms of Service. After termination, you will no longer have access to your Account, and you many not have access to any data within the Services. You will also no longer receive the Services, including your Brushup Toothbrush. As previously stated, we will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account or the cession of Services.
6. Refunds. We do not offer refunds or returns at this time.
6. SHIPPING AND PRODUCT ACCEPTANCE
The shipment date will be determined according to whichever date is available and closest to the date you are charged the Fee. Shipping dates are estimates only. All shipments are sent via the U.S. Postal Service or a third-party carrier. We do not guarantee that we will use a particular carrier, or that the Brushup Toothbrush will not be damaged en route. The risk of loss and title for the Brushup Toothbrush passes to you upon delivery of the item to the carrier.
7. INTELLECTUAL PROPERTY RIGHTS AND CONTENT OWNERSHIP
1. Our Intellectual Property. The Brushup Toothbrush and Services, including but not limited to our trademarks, our text, graphics, images, logos, buttons, icons, materials, software, function, and the overall “look” and “feel” of our products, website and Services, are owned by Jo-El Wire Company, LLC, and are the protected patents, copyrights, trademarks, trade secrets and service marks of Jo-El Wire Company, LLC (collectively, the “Brushup IP”). Content which is not created or owned by Jo-El Wire Company, LLC but is licensed to Jo-El Wire Company, LLC is the trademarks and copyrights of their respective owners. Unauthorized use of the Brushup IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the Brushup IP unless you obtain our explicit written consent. We grant you a license to use the Brushup IP for the sole purpose of accessing and using the Brushup Toothbrush and Services.
2. Other’s Content. You shall not use any information or content that is not yours without the appropriate permissions.
3. Licenses. You expressly grant us, and you represent and warrant that you have all rights necessary to grant to us, a worldwide, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to use the information you provide to us so that we may provide the Services to you.
4. Third Parties’ Intellectual Property. We use several third-parties to make certain features of the Services available to you, including but not limited to Stripe, Woo-commerce, Google Analytics, Facebook, Mailchimp, Yith, Rackspace, Sendgrid, PayPal and WordPress. You acknowledge and agree that, with respect to any such third party features, content and/or license, you shall be bound by any and all such limitations in place by said third party (via license or other agreement), and shall be subject to any restrictions or terms associated therewith. You acknowledge and agree that you shall receive, with respect to such third party licenses, only such warranties and protections as we receive directly from the applicable third party licensor and that we are able to pass on to you.
You agree to defend, indemnify and hold harmless Jo-El Wire Company, LLC and its employees, officers and directors from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: your breach of these Terms of Service, your breach of representations and warranties made in these Terms of Service, your violation of any other person’s intellectual property, your conduct (including but not limited to violations of the law), and your use of the Brushup Toothbrush and Services.
9. DISCLAIMERS AND LIMITATIONS ON LIABILITY
1. Limitations of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ECONOMIC DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, AND LOSS OF GOODWILL) RESULTING FROM THE USE, OR THE INABILITY TO USE OR ACCESS, THE SERVICES AND/OR THE CONTENT WITHIN THE SERVICES, THE BRUSHUP TOOTHBRUSH, OR THE FAILURE OR MALFUCTION OF THE BRUSHUP TOOTHBRUSH AND/OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE SERVICES; OR (B) THE SUM OF ONE HUNDRED DOLLARS (US $100).
2. Warranties. By entering into these Terms of Service you acknowledge and agree that we are simply providing the Brushup Toothbrush and Services, and that we make no warranties of any kind relating to the Brushup Toothbrush and Services, any data or content contained within or related to the Services, any data or content available through the Services or the Website, and documents or information available through the Services. Furthermore, nothing on or within Services shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regards to their website, products, technologies, services, business practices or otherwise.
WE DO NOT WARRANT THAT OUR BRUSHUP TOOTHBRUSH, SERVICES, OR THE CONTENT AVAILABLE ON OR THROUGH THE SERVICES (INCLUDING BUT NOT LIMTIED TO THE WEBSITE WWW.BRUSHUPCLUB.COM) WILL MEET YOUR EXPECTATIONS, OPERATE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF OUR WEBSITE AND/OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THOSE COSTS. WE FURTHER DO NOT WARRANT THAT BRUSHUP TOOTHBRUSH AND/OR SERVICES WILL RESULT IN BETTER OR IMPROVED TEETH, IMPROVED DENTAL HYGENE, OR IMPROVED HEALTH. WE SPECIFICALLY DO NOT WARRANT THAT THE BRISTLES OF THE BRUSHUP TOOTHBRUSH NEVER TOUCH THE COUNTER, AS YOU CAN DROP THE BRUSHUP TOOTHBRUSH AT A PRECISE ANGLE WHERE THE BRISTLES TOUCH BEFORE THEY ROLL UP AT REST.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE BRUSHUP TOOTHBRUSH AND SERVICES, AND THE INTERNET IN GENERAL. THE BRUSHUP TOOTHBRUSH AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. JO-EL WIRE COMPANY, LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO BE CLEAR, JO-EL WIRE COMPANY, LLC UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE GOODS EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE, AND JO-EL WIRE COMPANY LLC ASSUMES NO RESPONSIBILITY THAT THE GOODS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THESE GOODS, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE.
THIS LIMITATION OF WARRANTIES IS A PART OF THE BARGAIN BETWEEN YOU AND US. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JO-EL WIRE COMPANY, LLC OR ANY PERSON ON BEHALF OF JO-EL WIRE COMPANY, LLC SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT OUR WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
3. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
4. Access outside the USA. We make no claims that the Services are appropriate or legal to be viewed by certain persons or in certain countries. The Services are for those in the United States, and shall not be used by those outside the United States. If you access the Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
10. EMAIL NOTIFICATIONS & COMMUNICATIONS WITH US REGARDING IMPROVEMENT
1. Email Notifications. You acknowledge and agree that by providing us with your email address, you grant consent for us to send you notices related to the Brushup Toothbrush and Services, including any notices required by law, in lieu of communication by postal mail. Therefore, you shall make sure your email address listed under your “Account Information” section is current and accurate. If you do not want to receive legal notices through email messages, and prefer to receive legal notices by mail, please contact us at the address provided below. If you do not want to receive non-legal notices by email, please opt out by contacting us at firstname.lastname@example.org.
2. Your Communications with us regarding improvements to the Brushup Toothbrush and/or Services. You may contact us by email, phone or mail at the address provided below. If you contact us, you agree that if you have ideas regarding improvements or additions to us, we would like to hear them — but any submission will be subject to these Terms of Service. Specifically, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
11. ARBITRATION, JURY TRIAL & CLASS ACTIONS
1. Arbitration. Please read this Section carefully. It is part of your agreement with Jo-El Wire Company, LLC and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.
You agree that any dispute related to these Terms of Service, your use of the Brushup Toothbrush and Services, or any dispute related to your relationship with Jo-El Wire Company, LLC or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, parents, shall be submitted to binding arbitration under the rules of the Judicial Arbitration and Mediation Services (JAMS), located in San Diego, California. The JAMS Rules of Arbitration shall govern all aspects of the arbitration you bring, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. The JAMS Rules of Arbitration are available on JAMS’ website, https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitration shall be conducted by a single arbitrator, with the prevailing party to pay all costs and attorney fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
2. Jury Trial Waiver. Please read this Section carefully. It is part of your agreement with Jo-El Wire Company, LLC and affects your rights. It contains a WAIVER OF YOUR RIGHT TO A JURY TRIAL.
You hereby waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration per Section 11.1 of these Terms of Service. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Jo-El Wire Company, LLC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
3. Waiver of Class or Consolidated Actions. Please read this Section carefully. It is part of your agreement with Jo-El Wire Company, LLC and affects your rights. It contains a WAIVER OF YOUR CLASS ACTION RIGHTS.
ALL CLAIMS AND DISPUTES BETWEEN YOU AND JO-EL WIRE COMPANY, LLC MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
4. 30-Day Right to Opt Out. You have the right to opt out of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions (Sections 11.1 – 11.3 of these Terms of Service) by sending written notice of your decision to opt out to the following address: P.O. Box 6976, Beverly Hills, CA 90212 within 30 days from the date you first create an Account. If you send this notice, then the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions will not apply you must bring claims per Section 12.3, below. If you do not send this notice, then you agree to be bound by the terms of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions in Sections 11.1 – 11.3 of these Terms of Service. Agreeing to arbitration and waiving your rights to jury trial and class action participation is an important decision for you to make. It can shorten the litigation process and result in cost savings, but it also takes away certain rights, such as the right to a trial in front of your peers. Thus, please take time to carefully consider the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of these Terms of Service. Since the information provided in these Terms of Service is not intended to contain a complete explanation of the consequences of arbitration, class action or jury waiver, you may want to consult an attorney.
12. MISCELLANEOUS PROVISIONS
1. No waiver and partial validity. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Jo-El Wire Company, LLC, and they govern your use of the Brushup Toothbrush and Services. The Terms of Service also supersed any prior agreements between you and Jo-El Wire Company, LLC (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service 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 the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term.
2. Equitable relief. You understand and agree that due to the nature of these Terms of Service, in addition to money damages, we will be entitled to equitable relief upon a breach of the Terms of Service by you.
3. Governing Law and jurisdiction. These Terms of Service are governed by the laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Service shall be exclusively brought by arbitration in San Diego, California.
4. Entire agreement. These terms constitute Jo-El Wire Company, LLC’s entire binding Terms of Service, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding our Brushup Toothbrush and Services.
5. Digital admissibility. You hereby agree that a printed version of these Terms of Service shall be admissible in judicial or administrative proceedings and is subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.
13. QUESTIONS AND OUR CONTACT INFORMATION
Any questions or concerns should be addressed to our support team at email@example.com or by mail at:
P.O. Box 6976, Beverly Hills, CA 90212
March 20, 2017
- What Information We Collect About You
- How We Use the Information We Collect
- How We Share the Information We Collect
- How We Protect Your Information
- Third-Party Links
- User Content
- Fair Information Practices Compliance
- Access to Your Personal Information
- Do Not Track Signals and Minors
- Contact Us
- Changes to This Policy
1. WHAT INFORMATION WE COLLECT ABOUT YOU
The information we may collect is described in this Section, and includes data related to account registration, payment, and security, such as your first name, your last name, your email address, and your physical address, as well as information you provide us with voluntarily, such as your gender, your telephone number, and any other information you enter into the Services (collectively, the “Personal Information”).
We may collect Personal Information directly from you, from third parties, or automatically through your use of the Services. The manner in which we collect your Personal Information is more fully discussed, below.
Information We Collect Directly.
- If you wish to use the Services, we require you to provide us with your first and last name, your email address, your physical address, and the necessary transaction information for the Services (such as your credit card information).
- If you wish to sign up for our Brushup Club newsletter, we require only that you provide us with your email address.
- You may elect to provide us with information, including but not limited to your telephone number or additional telephone numbers. We collect this information.
- Should you choose to directly contact us, we will collect your name and any information you may provide us with, such as your email address, telephone number or mailing address.
- When you use the Services our servers automatically record information, including information that your browser sends whenever you visit a website or your mobile app sends when you are using it. This log data may include your Internet Protocol address, the address of the web page you visited before using the Services, your browser type and settings, the date and time of your use of the Services, information about your browser configuration and plug-ins, and language preferences. We may collect this information.
- We may collect information about the device you are using the Services on, including what type of device it is, what operating system you are using, device settings, application IDs, unique device identifiers, and crash data.
- GPS location from mobile devices may be collected. For example, WiFi and IP addresses received from your browser or device may be used to determine approximate location.
- If you submit any information, data and/or content into the Services, we also collect and store this information, data and/or content.
Information We Collect Automatically.
We automatically collect analytic information related to how users use the Site on an aggregate and anonymous basis. We may use services such as Google Analytics, Facebook Pixel, or other third-party platforms to collect this information.
Information We Collect Passively.
2. HOW WE USE THE INFORMATION WE COLLECT
We use the Personal Information we gather about you for any or all of the following reasons:
- To personalize and customize the Site and Service to better suit your preferences, to offer personalized help and instructions, and to otherwise improve your experiences with the Site and Services.
- For marketing and promotional purposes. We may collect Personal Information about you to send you special offers and promotions, or to otherwise contact you about products or information we think may be of interest. You may opt out of these offers and promotions by emailing us at the email address listed below
- To improve the Site and Services.
- For our own market research purposes.
3. HOW WE SHARE YOUR INFORMATION
We may disclose the Personal Information that it collects in the ways described above, and to comply with the law, and to protect us and other users of the Site and Service. For example, we may share information with:
- Third-Party Providers. To help run the Site and Services, and provide you with customized promotions and offers, we may disclose the Personal Information we collect from you to third-party vendors, service providers, contractors, or agents.
- Business Mergers. If we are bought out by or merged with another company, or we are involved in a bankruptcy proceeding, we may transfer the Personal Information we have collected from you to the other company.
- In Response to Legal Process. We may disclose the Personal Information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process.
- Aggregate and De-Identified Information. We reserve the right to share aggregate or de-identified information about its users with third parties for marketing, advertising, research, product development or similar purposes.
4. HOW WE PROTECT YOUR INFORMATION
We want to make sure that your Personal Information is properly protected. We implement a variety of security measures to protect your Personal Information. However, please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, keeping your log-in and password private. You agree that we are not responsible for lost, stolen, or compromised passwords or for any activity via unauthorized password activity.
- Google Analytics
6. THIRD-PARTY LINKS
7. USER CONTENT
8. FAIR INFORMATION PRACTICES
If a breach of data occurs with our Site or Services, we will notify you via a notification posted on the homepage of our Site (www.brushupclub.com) and via an email notification at your last listed email address, per our Terms of Service, within 30 business days of discovering the breach. By using the Site or Services, you acknowledge and agree that we may send you electronic notifications via email in lieu of notifications by mail. If you would still like to receive notifications by mail, you can let us know by contacting us at the address or email address provided, below.
9. ACCESS TO YOUR PERSONAL INFORMATION
By logging on to your Brushup Club account, you can view, change, and modify the following Personal Information: your name, address, email, and password. If you have any questions or require assistance in how to access all your Personal Information, please contact us at the email or use our help form. We are happy to help you access and view your Personal Information.
10. DO NOT TRACK SIGNALS AND MINORS
We do not respond to Do Not Track Signals. If you have question regarding our policy, please contact us at the email address listed below.
The Services and Site are for those over the age of 18. We do not knowingly collect or solicit any information from anyone under the age of 18. The Services and Site and their respective features are not directed at children under the age of 13. In the event that we learn that we have collected Personal Information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at the email address, below.
11. CONTACT US
P.O. Box 6976, Beverly Hills, CA 90212
12. CHANGES TO THIS POLICY