Website Usage Restrictions
You may access and view the content appearing on this Website for personal, non-commercial use only! You may download and/or copy portions of the content for personal, non-commercial use only, provided that a) retain all copyright, trademark or other proprietary notices contained on the content, b) do not modify or alter the content in any way and c) do not make content available to any third party. SoCal Wax Shop reserves complete title and full intellectual property rights in any content that you download from this Website. You agree to use this Website only for lawful purposes. The following are included, but not limited to, in strictly prohibited actions: i) misrepresenting the identity of a user; ii) tampering in any way with this Website; and iii) conducting any type of fraudulent activity.
Links to Third Party Sites
Please understand that when you access another web site through this one, SoCal Wax Shop can accept no responsibility for your experience with the site. Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.
Communications with SoCal Wax Shop
We welcome your comments regarding this site. However; comments, feedback, notes, messages, ideas, suggestions or other communications transmitted to SoCal Wax Shop will be treated as nonconfidential and nonproprietary. All communications to SoCal Wax Shop become the exclusive property of SoCal Wax Shop and you agree that by transmitting any communication you relinquish all rights and interests in same. SoCal Wax Shop shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. SoCal Wax Shop shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Therefore; SoCal Wax Shop discourages you from transmitting information that you do not wish to assign to SoCal Wax Shop, including confidential information or creative ideas. Furthermore, you will take all responsibility for the content of your communication and warrant that it does not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties. You agree that SoCal Wax Shop may copy all or part of your communication in any response(s) it makes to you.
All product names, logos, trademarks, as well as other marks and trade names on this Website are the properties of SoCal Wax Shop, or their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner. The entire contents of this Website, including but not limited to text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by SoCal Wax Shop or a SoCal Wax Shop affiliate or by third parties who have licensed their rights to SoCal Wax Shop. All content is copyrighted as a collective work under the U.S. and international copyright laws and SoCal Wax Shop owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided in this agreement, you may not distribute, publish, transmit, reuse, repost, “and frame” the Content in any manner or sell or attempt to sell the Content.
Accuracy and Content
SoCal Wax Shop is working hard to ensure that the information provided on the SoCal Wax Shop site or advertisements are accurate and up-to-date, but due to the risk that the information may be compromised by software or procedural errors, SoCal Wax Shop does not guarantee the accuracy or completeness of the information provided on this site or in any SoCal Wax Shop advertisement. SoCal Wax Shop reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping & handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.
SoCal Wax Shop does not warrant the accuracy, integrity or completeness of the content provided in this Website or advertisement, including any advice or other similar information obtained by you from us though this Website or advertisement. SoCal Wax Shop makes no representation that the content provided in this Website or advertisement is applicable or appropriate for use in locations outside the United States.
No Warranties; Limitation of Liability for Website or any type of SoCal Wax Shop advertisement
In no event shall SoCal Wax Shop, its Directors, Officers, Employees, Affiliates, Successors, or Assigns or Other Representatives be liable, whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability, or other theory, to you, or any other person or entity for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this Website, or any type of SoCal Wax Shop advertisement or any content on this Website, or any type of SoCal Wax Shop advertisement, even if SoCal Wax Shop or its Representative has been advised of the possibility of such damages. If you are dissatisfied with this Website, or any type of SoCal Wax Shop advertisement and the content contained therein or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of this Website, or any type of SoCal Wax Shop advertisement. If any portion of this limitation is found to be invalid or unenforceable for any reason, then SoCal Wax Shop’s total liability to you shall in no event exceed one hundred United States dollars (US $100.00). Some states do not allow the exclusion and limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No Warranties; Limitation of Liability for Merchandise
All merchandise listed in this Website, or any type of SoCal Wax Shop advertisement are “as is” (to the extent allowed by law) and, unless otherwise specifically noted, are without warranties of any type, express or implied. SoCal Wax Shop disclaims all warranties, including, but not limited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness, for a particular purpose. SoCal Wax Shop disclaims any liability for product defect claims that are due to product misuse, improper product selection and/or misapplication and any description, picture or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages are expressly disclaimed. SoCal Wax Shop 's liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Shipping - Risk of Loss
All items purchased from SoCal Wax Shop are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier. Northern is not responsible or liable for any damage arising from shipment.
SoCal Wax Shop retains the exclusive and sole right as to whether an item may be returned, exchanged or order cancelled. SoCal Wax Shop thus encourages customers to use care when placing an order, as once placed the order can not be cancelled, nor the item returned or exchanged unless SoCal Wax Shop expressly consents. In order to obtain a refund or exchange, prior approval must be given by SoCal Wax Shop. Generally, SoCal Wax Shop will consider returns within 15 days of purchase. Refunds are for the cost of product only; shipping and handling charges are not refundable.
Due to their product nature, SoCal Wax Shop can not accept returns of equipment, water processing filters, resin or opened liquids. Manufacturer shipped products require approval from the manufacturer and are not returned directly to SoCal Wax Shop. SoCal Wax Shop does not accept any returns of electric, gas or diesel-powered items. Once said items have been purchased, if issues arise during the manufacturer supported warranty period, items need to be taken to an authorized service center for repair which may or may not be covered under manufacturer warranty. At SoCal Wax Shop 's sole discretion, SoCal Wax Shop may impose a twenty percent (20%) restocking fee on items returned. Returns of "Factory Shipped" items will be subject to a 20% restocking fee.
The Terms and Conditions constitute the entire agreement between you and SoCal Wax Shop with respect to this Website, or any type of SoCal Wax Shop advertisement. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and SoCal Wax Shop with respect to this Website, or any type of SoCal Wax Shop advertisement. No modification of the Terms and Conditions shall be effective unless it is authorized in writing by SoCal Wax Shop. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Choice of Law
By use of this Website or any type of SoCal Wax Shop advertisement, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and SoCal Wax Shop or its affiliates.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that SoCal Wax Shop and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of car care, detailing, and wax products and accessories and related products. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Murrieta , California before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which SoCal Wax Shop’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator 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 an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator 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 arbitrator 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 arbitrator and the administration of the arbitration; however, the arbitrator 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 arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator 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 THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator 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.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.