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Terms Of Use And Sale

Effective: July 27, 2021

Please read the Terms of Use and Sale ("Terms") carefully. All the terms and conditions are important, but please pay special attention to the parts that are inside a box with bold writing. These parts contain information about those terms and conditions that have important consequences for You. The wording in the boxes is only intended to bring the terms and conditions to Your attention, and to explain their nature and effect. They are aids to understanding only and are not terms and conditions themselves. They do not limit the meaning or application of the provisions of the Terms, and do not apply to the situations and examples described in the boxes or to similar situations or examples.
These Terms governs your use of this website, www.manscaped.com (the "Website") and mobile applications (the "Apps"), (collectively the "Site"). Manscaped, Inc. ("MANSCAPED") reserves the right to change or revise the Terms at any time by posting any changes or the revised Terms on the Site. MANSCAPED will alert you to any changes or revisions to these Terms by indicating on the top of the Terms, the date that the Terms were last revised. The changed or revised Terms will be effective immediately after it is posted on the Site. Your use of the Site following the posting of any such changes or of the revised Terms will constitute your acceptance of any such changes or revisions. MANSCAPED encourages you to review the Terms whenever you visit the Site to make sure that you understand the Terms governing use of the Site. These Terms do not alter in any way the terms or conditions of any other written agreement you may have with MANSCAPED for other products or services. If you do not agree to these Terms (including any referenced policies or guidelines) or any changes to the Terms that MANSCAPED may make from time to time, you must immediately terminate your use of the Site.
1. Acceptance of Terms. You agree to the terms and conditions in these Terms. These Terms, and the policies referenced herein, constitutes the entire and only agreement between MANSCAPED and you, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of these Terms. Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded. Any variation of these Terms will be binding on MANSCAPED only if agreed in writing by you and an authorized representative of MANSCAPED.
2. Order Modification and Rejection. MANSCAPED reserves the right to reject or modify any order, whether such order has been confirmed and/or your credit card has been charged. You will be notified of any rejection or changes to your order at the email address you provided at check out. If your credit card has already been charged and any portion of your order is rejected, MANSCAPED will issue a credit to your credit card account for the amount rejected.
3. Shipping and Risk of Loss. Title to ordered products and risk of loss of products passes to you upon delivery of your order to the carrier. Delivery lead times vary. All delivery dates are estimates and are not a guarantee that the products will be delivered on the specified date. We will not be liable for any loss or expenses which you may incur because of any delay in the delivery of your order.
The above clause limits Your rights and remedies against MANSCAPED and this clause limits and excludes Your right to recover or make claims for losses, damages, liability or harm that You may suffer as a result of late delivery of products. You will also be responsible for, and You accept, various risks, damages, harm and injury which may be suffered by You as a result of late delivery.
4. Payments. You represent and warrant that any credit card information you supply is true, correct and complete, charges incurred by you will be honoured by your credit card company, and you will pay the charges incurred by you at the posted prices, including shipping fees and applicable taxes.
The above clause constitutes an assumption of liability and risk by You, as You undertake to ensure the accuracy, safety and security of your billing information provided to MANSCAPED. This clause contains statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true. We may take action against you and may have claims against you as a result of these statements.
5. No Resale. Other than as expressly permitted in writing by an authorized representative of MANSCAPED, you agree not to resell or exploit for other commercial purposes any products purchased on the Site.
The above clause constitutes an assumption of liability and risk by You, as You undertake not to resell or exploit for commercial purposes, any product purchased on the Site.
6. Replenishment Plans. We will automatically renew your replenishment plans depending on the order and shipping frequency you choose during the order selection process. We will charge your payment method the cost of your renewing order, plus shipping and tax, at least one full business day before shipping your order. If you wish to pause, resume, cancel, or adjust the frequency of your replenishment plan, make these changes by logging into your account or email us at za@manscaped.com. Our offer to pause replenishment plans is at our sole discretion and subject to change. Cancellation requests may take up to five business days to process.
7. Warranty and Returns. Our Warranty and Return Policy, is a part of this Agreement.
8. Your Use of the Site. By accessing the Site you agree to not use the Site to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any intellectual property or other proprietary rights of any third party. The viewing, printing or downloading of any materials from the Site grants you only a limited, nonexclusive, non-transferable and revocable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You may not reproduce in any form or incorporate into any information retrieval system, electronic or mechanical, any materials from the Site, other than for your personal use, but not for resale or redistribution. The license terminates upon the termination of the Terms. Any unauthorised use by You shall entitle, but not oblige, MANSCAPED to terminate the license granted to You by MANSCAPED.
The above clause constitutes an assumption of liability and risk by You, as You undertake not to use the Site in any of the ways mentioned in the above clause.
The above clause also limits Your rights and remedies against Manscaped, and this clause limits and excludes Your right to recover or make claims for losses, damages, liability or harm that You may suffer. You will also be responsible for, and you accept, various risks, damages and injury which may be suffered by you.
9. Creation and Termination of Account. By creating an account, you confirm that the information (including Personal Information as defined in the Privacy Policy) you provide is true. You are responsible for ensuring the accuracy of the information and notifying MANSCAPED of any changes to the information. We may cancel your account at any time and without notice if we determine that You have provided false or misleading information or have violated or abused any of these Terms.
The above clause constitutes an assumption of liability and risk by You, as You undertake to ensure the accuracy, safety and security of Your information (including Personal Information).
The above clause also limits Your rights and remedies against MANSCAPED, and this clause limits and excludes Your right to recover or make claims for losses, damages, liability or harm that You may suffer.
10. Privacy Policy. Our Privacy Policy, as it may be updated from time to time, is a part of these Terms.
11. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable intellectual property and other proprietary rights. Except as stated herein, you are strictly prohibited from the copying, redistribution, use or publication of any part of the Site. You do not acquire ownership rights to any content or materials viewed through the Site. You are prohibited from using the Site to infringe on the intellectual property rights of MANSCAPED or third parties.
The above clause constitutes an assumption of liability and risk by You, as You undertake not to use the Site in any of the ways mentioned in the above clause.
The above clause also limits Your rights and remedies against MANSCAPED, and this clause limits and excludes Your right to recover or make claims for losses, damages, liability or harm that You may suffer. You will also be responsible for, and you accept, various risks, damages and injury which may be suffered by You.
12. Submissions. If you submit any materials to MANSCAPED, including by not limited to contest entries, suggestions, reviews, or photographs, these submissions shall be deemed to be the sole property of MANSCAPED, and MANSCAPED shall be deemed to own all known and hereafter existing rights of every kind and nature regarding these submissions and shall be entitled to unrestricted use of these submissions for any purpose, without compensation to the provider of the submissions.
13. Links to Third-Party Web Sites. The Site may contain links to other websites. We are not responsible for the content, accuracy or opinions express in these websites. We do not approve or endorse any of these websites. If you decide to access any of these third-party sites, you do so at your own risk.
The above clause also limits Your rights and remedies against MANSCAPED, and this clause limits and excludes Your right to recover or make claims for losses, damages, liability or harm that you may suffer as a result of accessing third party websites. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by You.
14. LIMITATION OF LIABILITY. TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL MANSCAPED OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING OUR PRODUCTS AND SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE.
The above clauses limit Your rights and remedies against MANSCAPED, and these clauses limit and exclude Your right to recover or make claims for losses, damages, liability or harm that You may suffer. You will also be responsible for, and You accept, various risks, damages, harm and injury which may be suffered by You.
15. Indemnification. You agree to defend, indemnify and hold MANSCAPED and its officers, directors, managers, employees, agents, affiliates and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights.
The above clause requires You to indemnify MANSCAPED and other persons or entities against claims, loss, damages, and harm that may be suffered by MANSCAPED and other persons or entities as a result of above clause. You are also required to indemnify MANSCAPED and other persons and entities against claims for loss, damages, and harm that may be made by any person or entity as a result of the above clause. This places various risks, liabilities, obligations and legal responsibilities on You and You will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that may be suffered or claim.
16. Governing Law. To the extent permitted by law, the Terms shall be governed by and interpreted in accordance with the substantive laws of the state of California, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. If the arbitration clause below is inapplicable then you consent to the jurisdiction of the federal or state courts in San Diego County, California for purposes of any suit, action or proceeding arising out of these Terms, including the purchase of any products from the Site.
17. Dispute Resolution. We are available at za@manscaped.com to address any concerns you may have regarding the Site or any purchases you make of our products. Most concerns may be quickly resolved in this manner.
18. DMCA Notice and Take-Down Procedures. If you believe that your work has been copied in a way that constitutes copyright infringement you can submit a Notice of Claimed Infringement to us by providing the following information in accordance with the Digital Millennium Copyright Act (“DMCA”):
  • Your physical or electronic signature.
  • Identification of the copyrighted work that you claim has been infringed.
  • Identification of where the material is located on the Site, so that we may identify it.
  • Your address, telephone number, and email address.
  • A statement of your good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our DMCA agent may be contacted at:
Legal Department
MANSCAPED, Inc.
10054 Old Grove Road, San Diego, CA 92131, USA
858-682-4762
legal@manscaped.com
19. Site Modifications. We reserve the right in our sole discretion to edit or delete any documents, information or other content on the Site without notice.
20. Updates to These Terms of Use. We may modify these Terms from time to time. Minor changes not affecting your rights may occur at any time, with or without notice to you, and are effective upon posting. In the case of any material changes, we will notify you by posting the amended terms on the Site at least thirty (30) days before the effective date of the changes. In our discretion, we may also provide notice of material changes via email to anyone who has provided us an email address or as may be required by law. You are responsible for keeping the email address you supply to use current. We are not responsible for any outdated or incorrect information you may provide. If you do not agree with the proposed changes, you should discontinue your use of the Site prior to the time the new Terms take effect. If you continue using the Site after the new terms take effect, you will be bound by the modified Terms.
The above clause constitutes an assumption of liability and risk by You, in relation to the accuracy of the information you provide to MANSCAPED. The above clause also limits Your rights and remedies against MANSCAPED, and this clause limits and excludes Your right to recover or make claims for losses, damages, liability or harm that You may suffer.
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