Effective as of Dec 5, 2022:
Quick Guide To Contents
- Agreement, Acknowledgement, and Acceptance of Terms
- Ownership of Service
- Shipping and Returns
- Disclaimer and Limitations of Liability
- Links to Other Materials
- Governing Law
- Class Action Waiver
- Copyright Policy
- SMS/MMS Mobile Messaging Marketing Program
- Squatch Perks
- Refer-A-Friend Program
- Contact Us
1. Agreement, Acknowledgement, and Acceptance of Terms
PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO MEDIATE AND ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Dr. Squatch offers the Service, including all information tools, services, goods, and products available, to you conditioned upon your acceptance of all terms, conditions, policies and notices stated herein or incorporated by reference. Please read these Terms carefully before using our Service or making any transaction, order or purchase. By making any transaction, order or purchase or by visiting or otherwise using the Service in any manner, you acknowledge and accept without limitation or qualification, that you have read and understood these Terms and you agree to be bound by them.
By using the Service, you represent and warrant that you are at least the legal age of majority in the jurisdiction in which you reside. The Service is not targeted for use by children under the age of 18. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YOU ARE NOT AUTHORIZED TO USE THE SERVICE.
We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms. The date of the last update of the Terms is indicated at the top of these Terms. These Terms affect your legal rights, responsibilities, and obligations, govern your use of the Service, are legally binding, limit Dr. Squatch’s liability to you, require you to indemnify Dr. Squatch, and to settle certain disputes through arbitration. Your continued use of the Services affirms your agreement to these Terms. If you do not wish to be bound by these Terms or any future modifications or amendments to these Terms, do not use our Service.
2. Ownership of Service
The Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the “Content”), are all proprietary and owned or controlled by Dr. Squatch, our licensors, and certain other third parties. All right, title, and interest in and to the Content available via the Service is the exclusive property of and owned by Dr. Squatch, our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible.
Dr. Squatch grants you a limited, revocable, nontransferable license to temporarily download one copy of the Service for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to, and you are strictly prohibited from, modifying or copying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of Dr. Squatch. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Dr. Squatch at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Dr. Squatch owns and uses several trademarks on the Service, including but not limited to: DR. SQUATCH, BRICC, THE SQUATCH BAR, SMELL LIKE A CHAMPION, GET DIRTY STAY CLEAN, SMELL THE SQUATCH, Dr. Squatch’s trade dress, and the Dr. Squatch logos and other marks. All rights reserved. Some features of the Service may now or in the future allow you to provide content, such as written comments or reviews, or responses to interactive content such as quizzes, to be published or displayed on public areas of the Service (“User Content”). All content submitted by you to the Service may be retained by us indefinitely, even after you terminate your account. By submitting any User Content, you grant to Dr. Squatch a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Content in any manner, including to create derivative works, without any compensation or notice to you. Your User Content may be posted and transmitted to others at your own risk. We cannot control the actions of other Users of the Service with whom you may choose to share your User Content..
In connection with your use of the Service, you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- infringe, misappropriate or violate Dr. Squatch's or any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- “scrape,” “crawl” or “spider” any web pages or other services contained in the Service;
- display, mirror or frame the Service, or any individual element within the Service, Dr. Squatch's name, any Dr. Squatch trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Dr. Squatch's express written consent;
- access, tamper with, or use non-public areas of the Service, Dr. Squatch's computer systems, or the technical delivery systems of Dr. Squatch's providers;
- attempt to probe, scan, or test the vulnerability of any Dr. Squatch system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Dr. Squatch or any of Dr. Squatch's providers or any other third party (including another user) to protect the Service or any of the Content on the Service;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Service is expressly prohibited.
Dr. Squatch reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Service, or any portion of the Service, for any reason; (2) to modify or change the Service, or any portion of the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
3. Shipping and Returns
4. Disclaimer and Limitations of Liability
THE SERVICE, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SERVICE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICE OR FROM ANY INFORMATION OR MATERIALS ON THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING PARAGRAPHS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Dr. Squatch and its officers, directors, employees, and agents from and against any and all claims, losses, liability, damages, costs, or expenses, including reasonable attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, including use of any good or product purchased through the Service or (b) violation of these Terms by you. If you fail to promptly indemnify and defend a covered claim, Dr. Squatch shall have the right to defend itself, and in such case, you shall promptly reimburse Dr. Squatch for all of its associated costs and expenses.
6. Links to Other Materials
The Service may provide links to other third-party websites (“Linked Sites”). Dr. Squatch has not reviewed all of the information on the Linked Sites, does not maintain any of the Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. Dr. Squatch and is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by Dr. Squatch of the Linked Site. Use of any such linked web site is at the user’s own risk.
The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of Dr. Squatch. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with, the third party or its products and services. Dr. Squatch makes no representation or warranty as to any Linked Site, content, products or services, and you agree that Dr. Squatch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.
AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED ON ANY LINKED SITE OR ANY GOODS OR SERVICES AVAILABLE FROM ANY THIRD-PARTY SERVICES.
7. Governing Law
By accessing the Services, you agree that the statutes and laws of the United States and the state of California, USA, without regard to conflicts of laws principles, will apply to all matters relating to use of the Service. You further agree that any litigation, action, or proceeding arising out of or related to these Terms shall be subject to the sole and exclusive jurisdiction of the state of California and that venue shall be in an appropriate state or federal court located in Los Angeles County, California. You hereby submit to the jurisdiction and venue of said courts and consent to service of process by email in any legal proceeding.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO MEDIATE AND ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DR. SQUATCH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
The parties agree that in the event of any all dispute, claim, suit, or controversy arising out of or in any way connected with these Terms and the use of the Service (collectively, “Disputes”), the parties shall participate in a non-binding mediation in a good faith attempt to resolve the Dispute. The parties shall split mediation costs and each party shall bear its own attorney’s fees for the mediation. The mediation shall be held in Los Angeles County, California.
Binding Arbitration. In the event non-binding mediation does not resolve the Dispute, the Dispute shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).
No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Location. The location of the arbitration shall be in Los Angeles County, California.
Authority of Arbitrator(s). As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Los Angeles County, California for the purpose of litigating all such disputes. You also waive your rights to a jury trial.
Time Limit for Claims. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.
Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Arbitration Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.
9. Class Action Waiver
You and Dr. Squatch agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Notwithstanding any provision in the AAA Rules to the contrary, the arbitrator shall not have the authority to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine any dispute, claim or controversy of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding in any court of competent jurisdiction in Delaware, and not in arbitration.
10. Copyright Policy
Dr. Squatch complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.
Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Service. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if Dr. Squatch has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Dr. Squatch to determine the legitimacy of the signature and the identity of the signatory;
- Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dr. Squatch to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
- Information reasonably sufficient to permit Dr. Squatch to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”
Dr Squatch Legal Department
4065 Glencoe Ave, Ste 300b
Marina Del Rey, CA 90292
Please note if any notification of claimed infringement does not meet the above requirements, Dr. Squatch has no responsibility to respond to or act on any such defective notification of claimed infringement.
If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:
- Your physical or electronic signature, as well as information sufficient for Dr. Squatch to determine the legitimacy of the signature and the identity of the signatory;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the District of Delaware, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.
- Any such counter notification must be sent to:
Dr Squatch Legal Department
4065 Glencoe Ave, Ste 300b
Marina Del Rey, CA 90292
11. SMS/MMS Mobile Messaging Marketing Program
Dr. Squatch offers a mobile messaging program (the “Program”), where, if you opt-in to the Program, you agree to these Terms and to receive marketing text messages from us. The Program is optional and not a condition of purchase. The Program allows Users to receive SMS/MMS mobile messages by voluntarily and affirmatively opting into the Program, such as through online or application-based enrollment forms. The messages we send to you include marketing messages, and may also include cart abandon messages, as well as messages allowing you to make purchases using previously-saved account information or account information that you provide, and messaging frequency may vary. 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.
Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply 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 Dr. Squatch. 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 Dr. Squatch’s mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving mobile messages. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.
SMS/MMS MOBILE MESSAGING OPT-OUT: If you do not wish to continue participating in the Program, please reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Dr. Squatch 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 most efficient way of opting out. We will use commercially reasonable efforts to opt you out of the Program if you utilize any other method of opting out, including, but not limited to, texting words other than those set forth above, verbally requesting one of our employees to remove you from our list, or submitting a data subject request asking to be opted out or removing your mobile phone number.
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. 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. For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]. Opt outs should be submitted in accordance with the procedures set forth above. 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; Dr. Squatch is not liable for delayed or undelivered mobile messages.
MMS DISCLOSURE: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
12. Squatch Perks
- General. Rewards Points and Rewards accumulated under the Squatch Perks program are promotional only and are non-transferable, non-refundable, have no monetary value, and cannot be redeemed for cash. No other compensation of any kind is payable to you in connection with your participation in Squatch Perks.
- Eligibility. You may participate in Squatch Perks if you are a United States resident and 18 years of age or older. No corporations, partnerships, limited liability companies, or other legal entities can participate in Squatch Perks. No bots or computer programs may be used to participate in Squatch Perks.
- Account. You will need a Dr. Squatch account to participate in Squatch Perks and redeem your Reward Points. You can earn points without having an account but you must have an account and be logged in to redeem points. Your account is personal to you and may not be sold, transferred, assigned to, or shared with family, friends or others. You may have only one Dr. Squatch account.
- Promotional Messages. As a part of your participation in Squatch Perks, you consent to receiving transactional, informational, and promotional messages and offers from Dr. Squatch. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your account and update your contact information or preferences. You may also click the unsubscribe button in the marketing email you receive. You will not be able to opt out of emails related to the administration of your account or any transactions made, such as any email required to re-set your password or to notify you of changes applicable to your account.
- Qualifying Purchase. Squatch Perks members can earn and receive points towards rewards by making qualified purchases through the Dr. Squatch website. You will earn one Reward Point per $1.00 USD purchased. Your purchase will be rounded down to the closest point for purposes of calculating Rewards Points. For example, if you spend $1.51 then you will receive one point. If you spend $1.95, then you will receive one point.
- Subscriptions. You can also earn 15 Rewards Points when you first subscribe to each of Dr. Squatch’s subscription plans. Reward Points are awarded per category of products subscribed to (bar soap, deodorant, toothpaste, hair care, etc.). For example, your first enrollment in a bar soap subscription will earn you 15 points and you can also earn another 15 points for your first enrollment in a deodorant subscription. You can earn an additional 15 points for your first renewal of any subscription. If you cancel your subscription and later re-subscribe, you will not be eligible to receive additional Rewards Points.
- Referrals. You can also receive Rewards Points for every friend you refer who makes a purchase of $25+ on the Dr. Squatch website. These Reward Points will not be awarded until the referred member makes a purchase. Please see Dr. Squatch’s Refer-A-Friend Program for more details.
- Additional Rewards Points. Dr. Squatch reserves the right to award Points or Rewards on a discretionary basis for promotional purposes.
- Rewards. By accumulating a certain number of Reward Points, you will earn rewards as follows. Reward Points below or in excess of these amounts will not be redeemed. You may continue to accumulate Reward Points beyond the maximum Reward, but can only redeem up to 200 points at a time.
- 50 Points = $5 off orders $15+
- 100 Points = $10 off orders $30+
- 150 Points = $15 off orders $45+
- 200 Points = $20 off orders $60+
Once you earn a Reward, you may start accumulating Rewards Points towards another Reward. You may only redeem your Rewards Points for any Reward once and any exchange of Rewards Points for a Reward will remove those Points from your account. All Reward Point redemptions are final. A Reward may not be combined with any other offer or coupon.
- Expiration. Reward Points will expire and be deleted from your account after six (6) months of account inactivity meaning six (6) months without a qualifying purchase, referral, or a redemption of Rewards Points on the Dr. Squatch website.
- Refunds. If you return items for a refund, the refund will be for the purchase price of the items. You will not be refunded for any Rewards Points. Rewards Points are not refundable.
- Cancellation of Squatch Perks. Dr. Squatch reserves the right to terminate your account and your current or future participation in Squatch Perks if we determine in our sole discretion that you have violated these Terms, including but not limited to if you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Dr. Squatch has the right at any time, with or without giving you prior notice, to end or cancel Squatch Perks or any specific Reward; change any Reward or other Squatch Perks benefit we offer; change the requirements for earning a particular Reward; change the time you have in which to earn a particular Reward; or change any other feature of Squatch Perks. If we end Squatch Perks, Reward Points you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.
13. Refer-A-Friend Program
- Referral Process. To participate in the Program, you should login to your Squatch account and share your referral code. Eligible Referrers will be provided with an individualized Refer-a-Friend program link to provide to others. You may provide this link on your social media, on your website or blog, or via electronic transmission provided such use is in compliance with all applicable laws and the terms and conditions of each platform. There is no requirement to make any payment or purchase or to provide any credit card information to sign up for the Dr. Squatch Refer-A-Friend Program.
- Prohibited Use. You may not post your Refer-a-Friend Program link to any third party website or public forum, manipulate or change your individualized link, attempt to redirect or mask the origin of the party clicking the link, purchase or run adds using the link, make any false, misleading or disparaging representations or statements with regard Dr. Squatch, engage in any unfair or deceptive trade practice, use any “spam” or similar unwanted advertising or promotional materials, or sell your referral link.
- Disclosure. If you recommend or endorse Dr. Squatch in connection with any referral link posted on your website, blog, social media, or other location you must comply with the Federal Trade Commission’s disclosure requirements and include a disclosure statement in your post that clearly and concisely states that you are being compensated when people make purchases through the link you provided.
- Qualified Referral. A Qualified Referral is defined as a purchase made at www.drsquatch.com by a person (a “Referred Customer”) who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional or repeat purchases made by the same Referred Customer are not counted as additional Qualified Referrals and will not earn you additional rewards. Qualified Referrals are subject to verification and Dr. Squatch may deny issuance of rewards at its sole discretion.
- Referred Customer. The Referred Customer and the Referrer cannot be the same person. You are expressly prohibited from using multiple email addresses to generate referrals. The Referred Customer will receive a code for $10 off of orders of $25+ made on the Dr. Squatch website.
- Reward Points. Referrer shall receive one hundred Reward Points for every Qualified Referral to be redeemed for Dr. Squatch products at www.drsquatch.com. Reward Points have no monetary value and cannot be redeemed for cash. Reward Points cannot be combined with other offers or discounts. Reward Points are not transferrable and may not be traded or sold. No other compensation of any kind is payable to you in connection with your participation in the Refer-a-Friend Program.
- Eligibility. Referrers and Referred Customers must both be United States residents who are 18 years of age or older. Dr. Squatch’s Refer-a-Friend Program is available only to individuals for their personal use and cannot be used by businesses for affiliate lead generation as determined in Dr. Squatch’s sole discretion.
- No Spam. You must comply with all applicable laws regarding “spam” emails. Emails enclosing your Refer-a-Friend program link must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Dr. Squatch’s Refer-a-Friend Program.
- Right to Close Accounts. Dr. Squatch reserves the right to close the account(s) of any Referrer or Referred Customer and to deny or invalidate Reward Points if the Referrer or Referred Customer attempts to use the Dr. Squatch Refer-a-Friend program in a questionable manner or breaches any of Dr. Squatch’s terms and conditions or is in violation of any law, statute or governmental regulation. Dr. Squatch reserves the right to seek payment for any redeemed Reward Points which were acquired under false pretenses or in violation of these terms.
Right to Cancel Program or Change Terms. Dr. Squatch reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed or unused Referral Coupons will be forfeited at that time.
14. Miscellaneous Terms
These Terms, other Dr. Squatch policies cited herein, and Additional Terms (as defined below) constitute the entire agreement between you and Dr. Squatch and govern your use of the Services, superseding any prior agreements between you and Dr. Squatch relating to your use of the Services. You will be subject to additional terms and conditions when you purchase products; participate in a sweepstakes, contest, or other promotion; or use or download software (collectively, “Additional Terms”). No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of these Terms. If any provision of these Terms is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms. The failure of Dr. Squatch to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
When you access or use the Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may preserve these Terms in written form by printing it for your records, and you waive any other requirement that these Terms be evidenced by a written document.
When you complete forms online or otherwise provide information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Dr. Squatch’s sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, we may refuse you access to the Program and pursue any appropriate legal remedies.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Service, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
All provisions of these Terms are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions.
Dr. Squatch’s failure to insist on or enforce strict performance of these Terms shall not be deemed a waiver by Dr. Squatch of any provision or any right it has to enforce these Terms. Any such waiver must be in writing in order to be effective. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
No joint venture, partnership, employment, or agency relationship exists between you and Dr. Squatch as a result of this Agreement or use of the Service.
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Dr. Squatch may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms to any affiliate of Dr. Squatch or to another third party in the event that some or all of the business of Dr. Squatch is transferred to such other third party by way of merger, sale of its assets or otherwise.
The parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
Notice for California Users: Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
15. Contact Us
If you have any questions about these Terms, please write to us at:
Dr. Squatch, LLC
4065 Glencoe Ave, Suite 300B
Marina del Rey, CA 90292
Although Dr. Squatch will in most circumstances be able to receive your communications, Dr. Squatch does not guarantee that it will receive such communications timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that your email communications to Dr. Squatch may not be secure and will not be treated as confidential.