This website (“Website”) is controlled, operated and administered by Buff City Soap, LLC and contracted Affiliates (“Buff City Soap,” “we,” or “us”). Affiliates may include parents, subsidiaries, related entities, and contracted vendors that perform services for Buff City Soap. Many Buff City Soap stores are operated by Buff City Soap franchisees that are not Affiliates under these terms (“Terms of Use”). There may be additional third-party vendors that perform services for Buff City Soap franchisees, but not Buff City Soap, that are also not Affiliates under this Terms of Use. Your access to and use of the Website is subject to the following Terms of Use and all applicable statutes, orders, regulations, rules, and other laws. By accessing and browsing the Website, you accept and agree to be bound by these Terms of Use, which are conditions of permission to access the Website. If you do not agree to these Terms of Use, you may not have access to the Website.

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website and corresponding services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Use will result in an immediate termination of your services.

You may not publicly market, advertise, or resell any Buff City Soap products on internet marketplaces, including without limitation, Facebook, Ebay, Amazon, or any other online channels. You may not resell Buff City Soap products in any public in-person channels. Further, you will not alter, adjust, or use any Buff City Soap products, including altering or adjusting the packaging for such products, for resale or distribution.  

The form and nature of the services, content and all information posted on the Website is subject to change without notice. Prices for our products are subject to change without notice. Additionally, prices on the Website may not reflect the prices in Buff City Soap stores, and prices may vary between stores. In addition, these Terms of Use may be changed, altered or modified at any time without prior notice. Buff City Soap will make such changes by posting them on the Terms of Use page of the Website. You should check this page periodically for such changes. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the top of this section. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Website, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, content, feature or product offered through the Website.

These Terms of Use was last updated on May 25, 2022.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Website.

Copyright

All of the Website design, text, graphics, logos, button icons, images, audio clips, and the selection and arrangement thereof, is copyright © 2022 Buff City Soap, ALL RIGHTS RESERVED unless otherwise indicated. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of Buff City Soap and is protected by U.S. and international copyright laws. All software used on this site is the property of Buff City Soap or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Website for the sole purpose of placing an order with Buff City Soap or using the Website as a shopping resource. Any other use of materials on the Website – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Buff City Soap is strictly prohibited.

Trademark

“Buff City,” “Buff City Soap,” buffcitysoap.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Buff City Soap and may not be used in connection with any product or service that is not offered by Buff City Soap in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Buff City Soap. You may not use these service marks, trademarks, or trade dress in any medium for marketing or advertising products purchased from Buff City Soap for resale or distribution. Misuse of the trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited. Nothing contained on the Website should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on the Website. All other trademarks, product names and Buff City Soap names or logos, if any, cited herein are the property of their respective owners.

Membership, Usernames, and Passwords

Any online membership or membership in our proprietary “Loyalty Program” (herein so called) available through the Website is designed for your use and enjoyment. As a member, you may receive certain specialized content, as well as special offers from Buff City Soap. If you become a member, you represent that: (i) you are authorized to join Internet programs in which e-mail communications are used; and (ii) you are 18 years of age or older. In addition, with respect to such membership, Buff City Soap may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You further agree that you are responsible for all activities that occur under your account or password, and agree not to sell, transfer or assign your subscription or any associated rights. Buff City Soap reserves the right to terminate your membership if any individual, other than you, attempts to access the Website using your user name or password or if you (or anyone using your user name and password) otherwise breach these Terms of Use. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Website in violation of these Terms of Use. It is your sole responsibility to ensure that the e-mail address you initially provide is deliverable and, should your e-mail address change, it is your sole responsibility to return to the Website and update your e-mail address. Should your e-mail address become undeliverable, your membership may be suspended until such time as you provide a currently deliverable e-mail address. In such cases, no retroactive benefits will be provided for the period your membership was in a suspended state. If you wish at any time to cancel your membership, please do so by sending a request through Contact Us. Buff City Soap may send you an email confirming your removal from Membership. No other methods of removal are approved or authorized.

You also agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Website or of the networks connected to the Website, and to abide by all security policies adopted by Buff City Soap. For security purposes, you acknowledge and agree that Buff City Soap may monitor your account and your access to and use of the Website. 

Comments, Feedback, and Submissions

Buff City Soap welcomes your comments and feedback regarding the Website, and Buff City Soap products and services. Any information, materials, suggestions, ideas or comments sent to buffcitysoap.com or Buff City Soap in any form will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Buff City Soap an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Please note: Buff City Soap does not accept ideas, suggestions, or other submissions, whether pertaining to any content, the Website, any products or services of Buff City Soap or any of its affiliated entities, or any other matter, under any obligations of any kind, either expressed or implied. Accordingly, please do not submit to us any ideas, suggestions, or other submissions that you wish to keep confidential or for which you expect to receive compensation.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Fraud Protection

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Sweepstakes, Contests, Promotions

Any sweepstakes, contests, or similar promotions made available through the Website will be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstakes, contest, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contest, or promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration and/or entry are valid. You agree to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy, which, in addition to these Terms of Use, governs any information you submit in connection with such activities.

Warranties

BUFF CITY SOAP IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH BUFF CITY SOAP HEREBY EXPRESSLY DISCLAIMS. BUFF CITY SOAP DOES NOT GUARANTEE THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE WEBSITE WILL BE USEFUL OR THAT IT WILL SATSIFY YOUR REQUIREMENTS. BUFF CITY SOAP WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE. 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BUFF CITY SOAP AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INNACCURACIES OF CONTENT; (B) DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (C) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR ANY MOBILE APPLICATIONS; (D) ANY MALWARE, VIRUSES, TROJANS, AND THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE OR MOBILE APPLICATIONS BY A THIRD PARTY; OR (E) ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, BUFF CITY SOAP’S PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO, THESE TERMS OF USE (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF BUFF CITY SOAP. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUFF CITY SOAP’S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF BUFF CITY SOAP HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM. 

Dispute Resolution

In the event that there is a dispute, claim, or controversy between you and Buff City Soap or any other third-party service provider acting on our behalf to provide products and services to you, arising out of or relating to federal or state statutory claims, common law claims, these Terms of Use, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Dallas, Texas before a three-arbitrator panel.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the panel shall apply the substantive laws of the Federal Judicial Circuit in which Buff City Soap’s principal place of business is located (Dallas, Texas), without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select arbitrators with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on arbitrators within ten (10) calendar days, a party may petition the AAA to appoint a panel, who must satisfy the same experience requirement. In the event of a dispute, the panel shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the panel shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the panel and the administration of the arbitration; however, the panel shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the panel shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The panel shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the panel may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our programs.

CURRENT PROMOTIONAL TERMS & CONDITIONS

Note: For informational purposes only. DATE OF PROMOTIONS IN STORE AND ONLINE MAY VARY.  The below promotions may not be in effect at this time. Please see specific dates of promotion with original offer. 

IN-STORE PROMOTIONAL TERMS & CONDITIONS

Note: For informational purposes only. DATE OF PROMOTIONS IN STORE AND ONLINE MAY VARY.  The below promotions may not be in effect at this time. Please see specific dates of promotion with original offer. 

Our Rewards Program 
Buff City Soap, LLC (“Buff City,” “we” or “us”) hereby provides the Terms & Conditions governing our Rewards Program (the “Program”). These Terms & Conditions establish an agreement that is binding on all participants in the Program.  The Program provides participants (defined below as “Members”) who purchase eligible products (“Eligible Products”) with the ability to obtain a certain percentage of their purchase amount as a discount towards future purchases (“Points”) as well as other discounts and benefits (collectively referred to as “Rewards”). 

These full Terms and Conditions can be provided in hard copy format by sending a request to:  

Buff City Soap 
Attn: Loyalty Program 
5294 Belt Line Road, Suite 100
Dallas, TX 75254

Agreement to Terms and Conditions 
Participation in the Program constitutes participant’s full and unconditional agreement to and acceptance of these Terms & Conditions and the decisions of Buff City in administering the Program, which are final and binding.  You agree to review these Terms and Conditions periodically and shall be bound by any modifications. If you do not accept these Terms and Conditions, or any subsequent modifications, your sole and exclusive remedy is to end your membership in the Program. You may cancel your membership in the Program at any time in the manner described below. 

The Program is void where prohibited by law. Membership in and benefits to the Program are offered at the sole discretion of Buff City. Furthermore, if we determine in our sole discretion that you have violated these Terms & Conditions, we may in our sole discretion and as permitted by law terminate your account and eliminate any pending, current, or future Points or Rewards you may have. We will notify you of such termination using the contact information you have provided or that may be associated with your Program account, and such termination may be effective immediately.   

Becoming a Member 
Participation in the Program is open to any Buff City customers who complete the following steps: (1) provide their phone number at checkout a Buff City Soap store location; (2) opt-in to receive SMS text communications; (3) provide the requested information at the Program sign-up page (link to be provided via SMS text after opt-in); and (4) agree to these Program Terms and Conditions.  Only one Program account may be created per customer.  There are no fees or charges to become a Member. 

When setting up an Program account you agree that: (i) You will not use a phone number that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive; (ii) You will provide true, accurate, current, and complete information about yourself in connection with the Account registration process and, as permitted, maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your Account, whether or not you authorized the activity; (iv) You will immediately notify us of any unauthorized use of your Account, email address or any other breach of security; and (vi) You will not sell, transfer, or assign your Account or any rights you have under the Account. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability, or failure for any reason, to comply with any of the foregoing obligations. 

How the Program Works  
Accrual: Once enrolled, Members will earn with each in-store purchase Points equal to 5% of their total purchase amount which can be used as a discount towards future in-store purchases.  Buff City reserves the right to exclude taxes and fees from any accrual of points.   Points may not be accrued for purchases of gift cards.  Points will not be accrued for online purchases.  The determination of what constitutes an Eligible Product is made by Buff City in its sole discretion and is subject to change at any time.  Buff City may occasionally run, in its sole discretion, limited-time promotions and/or offers that increase the value of points accrued on purchases or offer certain Rewards that are only available to certain Members.  Please allow up to forty-eight (48) hours for accrued Points and Rewards to be reflected in your Program account.  Buff City shall have no liability for any failure, delay or error in crediting Points and Rewards to your account.   

Redemption:  Accrued Points can be redeemed on any future in-store purchases when available.  Points are not automatically redeemed on future purchases. To redeem, Members must at the time of checkout request that the cashier apply their Points to their purchase.  Buff City reserves the right to decline to apply points towards taxes, fees, or other charges separate from the price of Eligible Products.  Points may not be redeemed for gift cards.  Points and Rewards are not redeemable for cash or cash equivalent and may not be applied towards previous purchases.  Rewards may not be redeemed for an amount greater than the total purchase price.  Once Points or Rewards have been redeemed, they are not refundable, will not be reissued, and no credit will be given for them for any reason, except in the circumstances set forth herein.   

Transfer: Any accumulated Points and Rewards are personal to your Program account and may not be sold, transferred assigned to, or shared with others, or used by you for any purpose not permitted by these Terms & Conditions. Under no circumstances may Points or Rewards be combined between Program accounts 

Returns:  When Points are used to make a purchase, any returns from that order will be first credited any Points used, and then refunded the remaining amount.  For example, if a customer returns a $10 item from a $100 order in which $5 in Points were used, the customer will be credited the 5 Points back first, and then issued a $5 refund.  If a customer returns an item that caused an accrual of Points in the customer’s account, Buff City may remove those Points from the customer’s account upon return of the item or adjust the amount of return value to account for the value of the Points redeemed since the customer purchased the item.   

Expiration: Accrued Points expire according to the following schedule: 

• Points Accrued Prior to January 1, 2022 Will Expire if Not Redeemed By July 17, 2023 
• Points Accrued January 1, 2022 through April 17, 2023 Will Expire if Not Redeemed by April 17, 2024 
• Points Accrued Starting April 17, 2023 Will Expire Exactly one (1) year after accrual 

Other Rewards, such as a coupons or free items may have expiration dates for use, which will be noted on the Reward.  Buff City reserves the right to modify expiration dates for Program Points and Rewards by updating this policy and/or upon advance notice to Members. 

Support and Opt-out: For support regarding the Program, please email support@buffcitysoap.com.  To opt out of the program, please visit rewards.buffcitysoap.com or email BuffCitySoap@como.com. Please note that these are the only acceptable methods of opting out of the Program. 

Age Restrictions: You may not enroll in the Program if you are under eighteen (18) years of age. By participating in the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to enroll in the Program. 

SMS/MMS Mobile Messaging 
The Program may require members to opt-in to receiving SMS/MMS mobile messages. By participating, you agree to the Buff City SMS/MMS Terms & Conditions here: https://buffcitysoap.com/pages/sms-mms-terms-conditions.   

Modifications to Program 
We reserve the right, in our sole discretion, to limit, suspend, cancel, discontinue, terminate, change, amend or modify the Program and its Terms and Conditions, any related FAQs or other policies in whole or in part, at any time and without notice to Members (including, but not limited to, our right to expire Points and Rewards if the Terms and Conditions as stated herein are not met by the Member) by posting such amended terms to this website.  

Your continued participation in the Program means that you accept and agree to the amended terms. We reserve the right, in our sole discretion, to designate, develop or select eligible offers for particular products and for particular periods of time. Any questions relating to whether a particular offer remains in effect or is eligible for recognition in the Program will be resolved by Buff City in its sole discretion.  

Checking Your Points and Rewards 
You can check your Points and Rewards balance at any Buff City store location.  

General Terms 
No interest is paid on Points and Rewards subject to applicable laws.  Points and Reward balances are not your property, and you have no property rights or other legal interest in the Points or Rewards.  All Points and Rewards remain the sole property of Buff City until redeemed. Your Points and Rewards balance or any part of it is not transferable, cannot be brokered, bartered, or sold, and cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with Points or Rewards of any other Member or participant in the Program.   

Termination 
The Program has no fixed termination date. However, we reserve the right to terminate or modify the Program, rewards and benefits at any time and for any reason.  If you ever cancel your account, it will be your responsibility to redeem your Points and Rewards balance before canceling if desired. If you do not redeem your balance before canceling your account, any balance in your account may, subject to applicable laws, expire upon such cancellation. In the event we terminate the Program, any accumulated Points and Rewards may expire on the effective date of such termination. 

We reserve the right to modify, terminate or suspend membership or accumulated Points and Rewards due to error, fraud, misuse and/or manipulation using technology or otherwise. You must provide and maintain the accuracy, currency, and completeness of your personal information to maintain your eligibility or Buff City reserves the right to suspend, terminate or refuse your current or future membership in the Program.   

Buff City’s interpretation or application of the Terms and Conditions of the Program shall be binding on current and former Members if your account is canceled by Buff City or you.  

Taxes 
You agree that you are solely responsible for all applicable federal, state, or provincial withholding, taxes, and government fees or costs associated with Points and Rewards balances, transfers, and redemptions.  

Privacy 
Buff City respects the privacy of its Members.  Personal information collected through the Program is governed by Buff City’s Privacy Policy, available at https://buffcitysoap.com/pages/privacy-policy.   

Disclaimers 
Buff City shall not be responsible for software defects or computer malfunctions or telecommunications failures that affect the operation of the Program. Likewise, we shall not be responsible for incorrect or inaccurate entry information, whether caused by participants or by any of the software or equipment used in administering the Program. Buff City assumes no responsibility or liability for any error, omission, interruption, deletion, loss, theft or destruction, of account balance information or other membership information. 

We disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions in administering the Program or related websites, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in these sites, including but not limited to any errors in or omissions therefrom, (c) the unavailability of these sites or any portion thereof, (d) your use of these sites, or (e) your use of any equipment or software in connection with these sites. 

Limitation of Liability 
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THIS PROGRAM IS AT YOUR OWN RISK.  TO THE FULLEST EXTENT PROVIDED UNDER APPLICABLE LAW, BUFF CITY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS PROGRAM. 

Headings 
The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions. 

Severability 
If any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect. 

No Waivers 
Any failure by Buff City to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right. 

Last Updated Date 
These Terms & Conditions were last updated on April 17, 2023 

Loyalty Rewards FAQs

April Birthday Offer. Buff Loyalty Rewards Members with an April birthday input during the signup process who receive a birthday e-mail message are eligible to receive a free bath bomb or shower steamer ($8 value) with any in-store purchase during the month of April 2024. Offer will appear in Member’s account and automatically be applied to the first qualifying purchase made by member during April 2024. Limit 1/person. Valid in store only at participating locations while inventory is available. Not redeemable for cash or transferrable. Void where prohibited. Buff City Soap reserves the right to make changes to or discontinue this offer at any time. Sales tax must be paid for all transactions, regardless of promotion values, if required by applicable state laws.

LOYALTY REWARDS TERMS & CONDITIONS

Note: For informational purposes only. DATE OF PROMOTIONS IN STORE AND ONLINE MAY VARY.  The below promotions may not be in effect at this time. Please see specific dates of promotion with original offer. 

Loyalty Rewards FAQs

EVENT TERMS & CONDITIONS

Our In-Store Events
Buff City Soap, LLC (“Buff City,” “we” or “us”) hereby provides the Terms & Conditions governing events taking place on location at Buff City Soap stores (“Events”), such as bath bomb making parties. These Terms & Conditions establish an agreement that is binding on all attendees at Events regardless as to whether the Event is at Buff City store or a Buff City franchisee store.

Agreement to Terms and Conditions
Participation in an Event constitutes attendees’ full and unconditional agreement to and acceptance of these Terms & Conditions and the decisions of Buff City and/or the applicable store in administering the Event, which are final and binding. You agree to review these Terms and Conditions periodically and shall be bound by any modifications. If you do not accept these Terms and Conditions, or any subsequent modifications, your sole and exclusive remedy is to refrain from booking or attending the Event.

Pricing
Pricing for Events may vary by store location. When booking Events through Buff City’s online booking platform available at www.partywithbuff.com (“Booking Website”), Event pricing will be available to view after you have selected a store location.

Deposit, Cancellations and Refunds
To book an Event, a non-refundable deposit equal to 20% of the Event booking price is required at the time of booking. The remainder of the Event booking price is due in store on the day of the Event. If you need to cancel your Event booking, you must call the store at which the Event is scheduled. If you cancel your booking more than 72 hours before the Event, you may have your non-refundable deposit applied to a future Event that takes place no more than thirty (30) days from the cancelled Event date. If you cancel your booking less than 72 hours before the Event, or if you no-show on the day of the Event without cancelling, your non-refundable deposit will be forfeited.

Each Buff City store reserves the right to cancel the Event if it is not able to provide the Event facilities at the scheduled time. In such instance, the previously paid fees will be refunded to the Event booking party or, if requested by the booking party, the Buff City store may attempt to reschedule the Event.

Late Arrival to Events
If you are running late to an Event, please contact the store as soon as possible. Events are scheduled for fixed times and generally cannot be extended or changed. Any extension or changes are subject to the policies and availability at the applicable store, and any applicable fees.

Communications
By booking an Event, you consent to receiving operational email messages from the Buff City store related to the Event, such as booking confirmations, booking reminders, refund notifications, and Event cancellation notices.

Conduct During the Event
All Event attendees understand and agree that participation in the Event is conditioned upon compliance with all Buff City rules, policies, and procedures, and that violation or failure to comply may result in dismissal from, or termination of, the Event. Without limiting the foregoing, conduct that may result in dismissal or termination of the Event includes, without limitation, conduct that: (1) appears to violate any Buff City policies, rules or applicable laws; (2) is libelous or harassing, abusive, vulgar, sexually explicit, or inappropriate with respect to race, gender, sexuality, ethnicity or other intrinsic characteristics; (3) name-calls, insults, taunts, ridicules, mocks, bullies, stalks or otherwise harasses another person or attacks the character or damages or has the potential to damage the reputation of another person.

Party Supplies, Food and Drink
Most Buff City stores permit outside food and drink during Events, but please contact your store in advance of the Event to confirm. The online questionnaire you will complete prior to booking may allow you to input preferences regarding party favors, add-ons, food, drink, and special requests. If you have questions about topics not covered by the questionnaire, please contact your Buff City store.

Liability Waiver & Release
All Event attendees:
Agree to release and hold harmless Buff City, its franchisees, each of their respective parents, subsidiaries and affiliates, and their respective owners, officers, directors, representatives, agents, and employees (collectively, “BCS Parties”) from any and all liability for any injuries or damages that they (or any minor in their custody or care) may sustain in connection with the Event, regardless of any negligence or fault on behalf of any of the BCS Parties;

Agree to waive any and all claims against the BCS Parties from any and all liability for any injuries or damages that they (or, if applicable, the minor children in their custody or care) may sustain in connection with the Event;

Acknowledge that they do not know of any condition or reason that they (or, if applicable, the minor children in their custody or care) should not participate in the Event, and will not hold the BCS Parties liable for any allergic reaction experienced in connection with the Event;

Agree that, as among the parties, the party booking the Event and each attendee shall be solely responsible for any property damage or injury caused by such individual. If the Event results in property damage, Buff City reserves the right to require the booking party to reimburse the Buff City store for all applicable expenses in connection therewith;

Agree not to leave any minor in their custody or care unattended at the Event;

Acknowledge that the Event may contain inherently dangerous activities and agree that they (and any minor children in their custody or care) are knowingly and voluntarily participating in the Event having been warned of the danger involved and accept and assume all of the risks, whether caused by negligence of the BCS Parties or otherwise;

Agree to sign a liability waiver and release on location at the store on the day of the Event if requested by the store.

Intellectual Property

All Event attendees understand and agree that all materials provided by the store, and all formulations, recipes and designs utilizing the store’s materials, are the property of Buff City and/or the store. In the event that an attendee provides comments, suggestions or other feedback to Buff City or the store with respect to the Event, facilities or materials provided at the store, Buff City may use such information for any purpose, without further obligation to the attendees, payment or otherwise.

Force Majeure
Buff City Parties shall not be liable for any delay or failure to perform any of its obligations hereunder due to fires, storms, floods, earthquakes, acts of God, pandemics, epidemics, war, terrorism, insurrection, riots, interruption or diminution of the availability of electric power, strikes, lockouts or other labor disputes, governmental travel or other restrictions, or other such matter beyond the reasonable control of the Buff City Parties, provided that the Buff City store shall give prompt notice of the occurrence of any such event.

Last Updated
This policy was last updated on January 20, 2023.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Buff City Soap, LLC (together with its affiliates, hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (“Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms of Use or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of Buff City Soap’s products and services, including bath, cleaning, cosmetic, and laundry related products.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. Message frequency varies.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@buffcitysoap.com. Please note that the use of this e-mail address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. For more information, please review our Privacy Policy.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for any delays or undelivered messages. The following Operators are supported: Verizon Wireless, AT&T, Sprint, TMobile®, Boost, Virgin Mobile USA & Metro PCS, U.S. Cellular.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform (SMS/MMS Messaging). Prohibited content includes:

-Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

-Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

-Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

-Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

-Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

-Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Voxie Ventures, LLC d/b/a Voxie or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Dallas, Texas before a three-arbitrator panel.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Buff City Soap’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select the arbitrators with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on arbitrators within ten (10) calendar days, a party may petition the AAA to appoint arbitrators, who must satisfy the same experience requirement. In the event of a dispute, the panel shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the panel shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the panel and the administration of the arbitration; however, the panel shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the panel shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The panel shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the panel may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified. 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Buff City Soap, LLC (together with its affiliates, hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (“Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms of Use or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of Buff City Soap’s products and services, including bath, cleaning, cosmetic, and laundry related products.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. Message frequency varies.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@buffcitysoap.com. Please note that the use of this e-mail address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. For more information, please review our Privacy Policy.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for any delays or undelivered messages. The following Operators are supported: Verizon Wireless, AT&T, Sprint, TMobile®, Boost, Virgin Mobile USA & Metro PCS, U.S. Cellular.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform (SMS/MMS Messaging). Prohibited content includes:

-Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

-Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

-Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

-Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

-Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

-Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Voxie Ventures, LLC d/b/a Voxie or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Dallas, Texas before a three-arbitrator panel.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Buff City Soap’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select the arbitrators with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on arbitrators within ten (10) calendar days, a party may petition the AAA to appoint arbitrators, who must satisfy the same experience requirement. In the event of a dispute, the panel shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the panel shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the panel and the administration of the arbitration; however, the panel shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the panel shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The panel shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the panel may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified. 

This website (“Website”) is controlled, operated and administered by Buff City Soap, LLC and contracted Affiliates (“Buff City Soap,” “we,” or “us”). Affiliates may include parents, subsidiaries, related entities, and contracted vendors that perform services for Buff City Soap. Many Buff City Soap stores are operated by Buff City Soap franchisees that are not Affiliates under these terms (“Terms of Use”). There may be additional third-party vendors that perform services for Buff City Soap franchisees, but not Buff City Soap, that are also not Affiliates under this Terms of Use. Your access to and use of the Website is subject to the following Terms of Use and all applicable statutes, orders, regulations, rules, and other laws. By accessing and browsing the Website, you accept and agree to be bound by these Terms of Use, which are conditions of permission to access the Website. If you do not agree to these Terms of Use, you may not have access to the Website.

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website and corresponding services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Use will result in an immediate termination of your services.

You may not publicly market, advertise, or resell any Buff City Soap products on internet marketplaces, including without limitation, Facebook, Ebay, Amazon, or any other online channels. You may not resell Buff City Soap products in any public in-person channels. Further, you will not alter, adjust, or use any Buff City Soap products, including altering or adjusting the packaging for such products, for resale or distribution.  

The form and nature of the services, content and all information posted on the Website is subject to change without notice. Prices for our products are subject to change without notice. Additionally, prices on the Website may not reflect the prices in Buff City Soap stores, and prices may vary between stores. In addition, these Terms of Use may be changed, altered or modified at any time without prior notice. Buff City Soap will make such changes by posting them on the Terms of Use page of the Website. You should check this page periodically for such changes. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the top of this section. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Website, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, content, feature or product offered through the Website.

These Terms of Use was last updated on May 25, 2022.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Website.

Copyright

All of the Website design, text, graphics, logos, button icons, images, audio clips, and the selection and arrangement thereof, is copyright © 2022 Buff City Soap, ALL RIGHTS RESERVED unless otherwise indicated. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of Buff City Soap and is protected by U.S. and international copyright laws. All software used on this site is the property of Buff City Soap or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Website for the sole purpose of placing an order with Buff City Soap or using the Website as a shopping resource. Any other use of materials on the Website – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Buff City Soap is strictly prohibited.

Trademark

“Buff City,” “Buff City Soap,” buffcitysoap.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Buff City Soap and may not be used in connection with any product or service that is not offered by Buff City Soap in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Buff City Soap. You may not use these service marks, trademarks, or trade dress in any medium for marketing or advertising products purchased from Buff City Soap for resale or distribution. Misuse of the trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited. Nothing contained on the Website should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on the Website. All other trademarks, product names and Buff City Soap names or logos, if any, cited herein are the property of their respective owners.

Membership, Usernames, and Passwords

Any online membership or membership in our proprietary “Loyalty Program” (herein so called) available through the Website is designed for your use and enjoyment. As a member, you may receive certain specialized content, as well as special offers from Buff City Soap. If you become a member, you represent that: (i) you are authorized to join Internet programs in which e-mail communications are used; and (ii) you are 18 years of age or older. In addition, with respect to such membership, Buff City Soap may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You further agree that you are responsible for all activities that occur under your account or password, and agree not to sell, transfer or assign your subscription or any associated rights. Buff City Soap reserves the right to terminate your membership if any individual, other than you, attempts to access the Website using your user name or password or if you (or anyone using your user name and password) otherwise breach these Terms of Use. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Website in violation of these Terms of Use. It is your sole responsibility to ensure that the e-mail address you initially provide is deliverable and, should your e-mail address change, it is your sole responsibility to return to the Website and update your e-mail address. Should your e-mail address become undeliverable, your membership may be suspended until such time as you provide a currently deliverable e-mail address. In such cases, no retroactive benefits will be provided for the period your membership was in a suspended state. If you wish at any time to cancel your membership, please do so by sending a request through Contact Us. Buff City Soap may send you an email confirming your removal from Membership. No other methods of removal are approved or authorized.

You also agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Website or of the networks connected to the Website, and to abide by all security policies adopted by Buff City Soap. For security purposes, you acknowledge and agree that Buff City Soap may monitor your account and your access to and use of the Website. 

Comments, Feedback, and Submissions

Buff City Soap welcomes your comments and feedback regarding the Website, and Buff City Soap products and services. Any information, materials, suggestions, ideas or comments sent to buffcitysoap.com or Buff City Soap in any form will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Buff City Soap an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Please note: Buff City Soap does not accept ideas, suggestions, or other submissions, whether pertaining to any content, the Website, any products or services of Buff City Soap or any of its affiliated entities, or any other matter, under any obligations of any kind, either expressed or implied. Accordingly, please do not submit to us any ideas, suggestions, or other submissions that you wish to keep confidential or for which you expect to receive compensation.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Fraud Protection

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Sweepstakes, Contests, Promotions

Any sweepstakes, contests, or similar promotions made available through the Website will be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstakes, contest, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contest, or promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration and/or entry are valid. You agree to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy, which, in addition to these Terms of Use, governs any information you submit in connection with such activities.

Warranties

BUFF CITY SOAP IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH BUFF CITY SOAP HEREBY EXPRESSLY DISCLAIMS. BUFF CITY SOAP DOES NOT GUARANTEE THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE WEBSITE WILL BE USEFUL OR THAT IT WILL SATSIFY YOUR REQUIREMENTS. BUFF CITY SOAP WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE. 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BUFF CITY SOAP AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INNACCURACIES OF CONTENT; (B) DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (C) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR ANY MOBILE APPLICATIONS; (D) ANY MALWARE, VIRUSES, TROJANS, AND THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE OR MOBILE APPLICATIONS BY A THIRD PARTY; OR (E) ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, BUFF CITY SOAP’S PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO, THESE TERMS OF USE (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF BUFF CITY SOAP. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUFF CITY SOAP’S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF BUFF CITY SOAP HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM. 

Dispute Resolution

In the event that there is a dispute, claim, or controversy between you and Buff City Soap or any other third-party service provider acting on our behalf to provide products and services to you, arising out of or relating to federal or state statutory claims, common law claims, these Terms of Use, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Dallas, Texas before a three-arbitrator panel.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the panel shall apply the substantive laws of the Federal Judicial Circuit in which Buff City Soap’s principal place of business is located (Dallas, Texas), without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select arbitrators with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on arbitrators within ten (10) calendar days, a party may petition the AAA to appoint a panel, who must satisfy the same experience requirement. In the event of a dispute, the panel shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the panel shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the panel and the administration of the arbitration; however, the panel shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the panel shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The panel shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the panel may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our programs.