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Terms & Conditions

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.