TERMS AND CONDITIONS

Please review the following Terms and Conditions of Use (the "Terms") carefully before using www.loveyourbath.com or any related webpage (the “Website”), and before purchasing products or services, or obtaining or inputting any content from/to the Website. These Terms contain an arbitration clause, a class action waiver, and other important information about your rights and obligations, as well as limitations and exclusions that may apply to you. Please carefully review the Dispute resolution and related sections below.

The Website is provided to you, the user, by Love Your Bath, LLC. Whenever we use the words "we," "our," "LYB," "us," or "Company," we are referring to Love Your Bath, LLC.

The Terms govern and apply to your access to and/or your use of any part of the Website, your participation in the text message service/SMS with LYB, and receipt of any telephone or other communications from LYB (the “Services”). By visiting, logging on or using this website or submitting communications or user content to us, you accept and agree to all of the terms and conditions set forth herein, which form a legally binding agreement between you and LYB, and our applicable business divisions or affiliates.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of these Terms. By agreeing to these Terms, you acknowledge that you have read and understood our Privacy Policy, and that you agree with it.

Agreement to Terms and Conditions of Use

These Terms apply to your access to or use of the Website and your engagement or use of any of the Services. By using the Website, accessing information on the Website, engaging in any exchange of information/content through the Website, including through any Chat or webform functions accessible through the Website, it means that you have read, understood, and agreed to these Terms, and it forms a legally binding agreement to these Terms. These Terms constitute the entire and only agreement between LYB and you regarding your use of the Website. All prior or contemporaneous representations, warranties, conditions and understandings regarding your use of the Website as described herein are specifically disclaimed and superseded by these Terms. Parents, guardians and other legal representatives agree to these Terms on behalf of their minor children who use the Website.

If you do not agree with these Terms, or if you disagree with specific parts of these Terms, then do not use the Website. Your continued use of the Website means that you have agreed to the Terms. You cannot use the Website, and at the same time object to these Terms

SMS/Text Message Service Program – How it Works:

All new and existing subscribers will receive text messages (SMS/MMS) to their mobile number These messages may include questions about your request or service, offers, coupons, or other information. After signing up or enrolling in the Services, you will be asked to reply to confirm your mobile phone number. Text messages are sent using automated technology to the mobile telephone number that you use to subscribe. You do not have to sign up for this program in order to buy goods or services. Message and data rates may apply.

LYB provides its text message service on an "as-is" basis and the service may not be available in all areas at all times, and it may not continue to work in the event of product, software, coverage or other changes made by your wireless (cellular) carrier.

Participant Requirements:

(1) have a mobile / wireless / cellular device of your own capable of 2-way messaging,

(2) use a participating wireless (cellular) carrier,

(3) be a wireless (cellular) service subscriber with text messaging service. Not all wireless (cellular) phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

By signing up to receive text messages from LYB, you acknowledge and agree that you are: (1) 18 years of age or older, (2) authorized to enroll the mobile phone number in the LYB text messages program, and (3) authorized to incur any mobile message or data charges incurred as a result of your participation. Clicking to submit enrollment, or otherwise signing up for LYB text messages, affirms that you satisfy the criteria outlined above.

Participant Opt-Out or Help:

You may opt out of the program at any time. To opt out of future messages at any time, reply STOP to any text message.

Costs:

You will be charged the standard text messaging fee by your wireless (cellular) carrier for each message you send or receive, in accordance with your cellular subscription agreement. Message and data rates may apply, depending on your cellular subscription agreement. You are responsible for all applicable costs and taxes. Consult your wireless (cellular) service provider regarding their pricing plans.

Privacy Policy:

Please review the Privacy Policy. LYB's text message service is subject to the data collection and other matters outlined in the Privacy Policy.

Release of Claims; No Warranties:

By participating in LYB's text message service, you agree to release and hold harmless LYB's SMS vendor, LYB, and participating wireless (cellular) carriers and their respective representatives, agents, successors, assigns, employees, officers and directors (together, the "Released Parties"), from any and all liability, loss, harm, damage, injury, cost and expense whatsoever, including without limitation, property damage, personal injury and death, which may occur in connection with the service, and from any claims based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation and invasion of privacy. Released Parties are not responsible for any printing, typographical, mechanical or other errors in associated promotional materials in connection with this service. Participating wireless (cellular) carriers and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not responsible for this service, and none of them will have any liability or responsibility for any claim arising in connection with participation in this service.

The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any offer furnished by third parties in connection with this service. Without limiting the generality of the foregoing, all services are provided "as is" without warranty of any kind, either express or implied, and the Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The Released Parties are not responsible for the following: technical, hardware, software, electronic, network, telephone or other communications malfunctions; errors or failures of any kind; errors in transmission; traffic congestion, lost or unavailable network connections, telephone connections, wireless (cellular) phone connections; website, Internet, or ISP availability; unauthorized human intervention; incomplete or inaccurate capture of entry information (regardless of cause); failed (undelivered), incomplete, garbled, jumbled or delayed transmissions; any other matter that may limit or restrict your ability to send a message; any injury or damage to your or any other person's wireless (cellular) device relating to, or resulting from, participation in this service.

Dispute Resolution

PLEASE READ THE FOLLOWING PROVISION (THE “DISPUTE RESOLUTION TERMS”) CAREFULLY. They require that you arbitrate disputes with LYB arising out of the Terms or the Services and limit the manner in which you can seek relief from LYB.

For purposes of this section Dispute Resolution), "LYB," shall include its parents, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR LYB WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Agreement to Arbitrate. You and LYB acknowledge and agree that any dispute or claim arising out of, concerning or relating in any way to the Services, your use or any visit to this website, any communications received from LYB, or any other event or activity covered by these Terms (a “Dispute”) shall be resolved by binding arbitration, rather than in court, except for the exceptions set forth below in the “Exceptions to Agreement to Arbitrate.”  You and LYB also acknowledge and agree that LYB’s employees, officers, directors, agents, independent contractors and representatives (“Representatives”) are third-party beneficiaries to these Dispute Resolution Terms and will have the right to enforce these Dispute Resolution Terms against you. “LYB,” as used in these Dispute Resolution Terms, shall refer collectively to LYB and its Representatives unless the context dictates otherwise.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow and enforce the terms of these Terms as a court would. 

You agree that the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of these Dispute Resolution Terms, including any unconscionability challenge or any other challenge that the Dispute Resolution Terms are void, voidable or otherwise invalid. Nothing in these Dispute Resolution Terms shall be deemed or construed to limit or waive any statutory rights or remedies otherwise available under applicable law, but any and all such remedies, if permitted by law to be pursued in arbitration, shall and must be pursued via arbitration as provided herein.

Arbitration Procedures.  You agree that any arbitration between You and LYB shall be conducted by the American Arbitration Association (“AAA”) under its rules, including its Consumer Arbitration Rules.  AAA’s rules can be found at www.adr.org. 

Governing Law.  You and LYB agree that these Dispute Resolution Terms involve a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of these Dispute Resolution Terms and any proceedings pursuant to them.  

The parties agree that the FAA and AAA rules preempt all state laws. To the extent the FAA and AAA rules are found to not govern any Dispute or to not apply to the enforcement of these Dispute Resolution Terms, then the laws of the state of Florida shall apply.

Location of Arbitration.  All arbitrations between You and LYB shall be conducted in Hillsborough County, or any other location we agree to.  You may participate in the arbitration by phone or written submission if permitted by the AAA’s rules or the arbitrator.

Exceptions to Agreement to Arbitration.  Either You or LYB may bring any claim for threatened or actual infringement or misappropriation of a party’s intellectual property rights, including trademarks, copyrights, patents and trade secrets, in federal or state court in Tampa, FL.

Fees.  Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, subject to reimbursement of any and all Legal Expenses incurred by LYB if it is the prevailing party in any arbitration or other proceedings as provided in the “LYB Recovery of Legal Expenses” section set forth below.

Class Action Waiver; No Jury Trial.  You agree to arbitrate any Dispute on an individual basis and not as part of a class, including as a class representative. CLASS, REPRESENTATIVE OR COLLECTIVE ACTIONS ARE NOT PERMITTED. If for any reason a Dispute is resolved in court and not in an arbitration, You and LYB agree to waive any right you may have to a trial by jury.

YOU AGREE AND ACKNOWLEDGE THAT YOU AND LYB ARE EACH WAIVING  (1) ANY RIGHT THAT YOU MAY HAVE TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE OR CONSOLIDATED ACTION AND (2) THE RIGHT TO A TRIAL BY JURY. 

Commencing an Arbitration. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Dispute in detail to LYB at the following address:

Love Your Bath, LLC

Attention: Legal

12924 Dupont Cir.

Tampa, FL 33626

You Have One Year to Pursue a Dispute. You agree that you must commence any cause of action (including through arbitration proceedings) concerning, relating to or arising from a Dispute within one (1) year from the date that the cause of action accrued and that if you fail to do so, such cause of action will be permanently barred.

Severability of Dispute Resolution Terms.  If any term or section in these Dispute Resolution Terms is deemed unenforceable or unlawful, (1) that term or section shall be severed from the remainder of the Dispute Resolution Terms and (2) severance of the unenforceable or unlawful term or section will not impact the remainder of the Dispute Resolution Terms or Terms of Use.  If the unenforceability or unlawfulness of a term or section in these Dispute Resolution Terms results in a Dispute being asserted on a class, collective, consolidated, or representative basis, the Dispute must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of the Dispute will be stayed pending the outcome of any Disputes in arbitration.

Dispute of Future Changes to Arbitration Provisions. If LYB makes any future change to the arbitration provisions of these Dispute Resolution Terms (other than a change to the notice email/address), you may reject any such change by sending LYB a personally signed, written notice of your decision to opt out of those changes via email to info@loveyourbath.com. This notice must be sent within thirty (30) days of the change and include: (i) your full name; (ii) your mailing address; (iii) your phone number; (iv) if applicable, the email address associated with any account; and (v) when and how you interacted with LYB. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement that you wish to reject the change to the arbitration provision. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of these Dispute Resolution Terms.

These Dispute Resolution Terms will survive after the Terms terminate or your use of the Website ends.

LYB Recovery of Legal Expenses. You agree that you shall be responsible, and LYB shall be entitled to be reimbursed by you, for any and all of LYB’s legal expense, attorneys’ fees, or arbitration/court/legal costs of any kind (collectively “Legal Expenses”) arising out of or relating to any these Terms, your use of the website or any of its content, or any relationship created thereby or related thereto, including as to any dispute stemming from or in any way related to any of the foregoing, including, without limitation, any Legal Expenses incurred in any and all pre-arbitration activities, including written or other demands to you, requests for compliance directed to you, etc., and any dispute resolution efforts, including informal negotiations, mediation, arbitration or other ADR efforts, and the filing or maintenance of any lawsuit or other legal action whether in law or equity, from trial through any appeal, including any action or proceeding to interpret or to enforce these Terms, or in any arbitration or litigation arising out of or relating in any way to thereto, your use of the Website or any related activities or statuses, and including the Legal Expenses, including attorneys’ fees, incurred in seeking to determine LYB’s entitlement to or the amount of such Legal Expenses, and including expert fees incurred to establish the reasonableness of such Legal Expenses. LYB shall be entitled to recover its legal expenses as provided herein where LYB is the prevailing party in any dispute or related legal proceeding and as otherwise permitted by applicable law. You agree that LYB’s right to recovery of attorneys’ fees as provided herein is not a penalty.

Miscellaneous

(a) The language in these Terms will be interpreted as to its fair meaning and not strictly for or against either party. If any part of these Terms is held invalid, unlawful, or unenforceable (1) that term or section shall be severed from these Terms and (2) severance of the unenforceable or unlawful term or section will not impact the remainder of the Terms. To the extent that anything in or associated with the Website or Services is in conflict or inconsistent with these Terms, these Terms control.

(b) Our failure to enforce any provision of these Terms is not a waiver of such provision, or of the right to enforce such provision. No agency, partnership, joint venture, or employment is created as a result of these Terms, your use of our website, or your purchase of Product.

(c) The Website may provide a link or advertisement to another website that is operated by a third party. We provide these links for your convenience, and we do not endorse such other website or its contents. We have no control over, and do not review, these websites or their content. Under no circumstances will the Company be responsible or liable, whether directly or indirectly, for any loss caused or allegedly caused by these other websites, including, without limitation, their content, the goods and services offered by them, or your reliance on them. We have not investigated, monitored or checked these other websites for accuracy, completeness, or conformance with applicable laws and regulations. If you leave this website and access these other websites, you do so at your own risk, and the rules and policies of the other websites will apply to you while you are on their websites.

(d) When you use the Website, you must not: (1) violate any law, statute, ordinance or regulation; (2) subject our website to any virus, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, corrupt or expropriate any system, data or personal information; (3) cause us or our affiliates to lose (in whole or in part) the services of our ISPs or other suppliers; (4) place an undue burden on the software and hardware used with our website, (5) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass e-mails; (6) seek to obtain personally identifiable information from other users of our website; (7) modify or alter any part of the Website; or (8) post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be a criminal offense or violation of any law, is prohibited.

(e) We reserve the right to change these Terms at any time, without prior notice to you or to other users of our website. Your continued use of our website after the Terms are changed constitutes your agreement to the changes that were made, and your continued agreement to be bound by these Terms, as so changed. At the bottom of these Terms you can find the date that the Terms were last changed.

Effective Date: These Terms were last updated and became effective on: 01/15/2025