Soakest Terms & Conditions
Updated November 1, 2023
Welcome to Soakest, and thank you for visiting Soakest.com (the “Site”).
THESE TERMS OF USE ARE IMPORTANT. THEY REPRESENT A LEGAL AGREEMENT BETWEEN YOU AND US WITH RESPECT TO THIS SITE AND THE SERVICES PROVIDED AS WELL AS OTHER RELATED SOAKEST SITES AND SERVICES, SO PLEASE READ THEM CAREFULLY, INCLUDING THE WAIVER OF ANY RIGHT TO SUE US OR FOR US TO SUE YOU IN A CLASS ACTION OF ANY KIND.
I. Your Use of this Site and Acceptance of Terms
These Terms of Use (“Terms”) govern your use and access to this Site, including any mobile apps, related social media or other social sites, or other online platforms (collectively, “Soakest Sites”) owned, managed, or operated by Soakest, LLC or any of its subsidiaries or affiliates (collectively, “Soakest” and which may sometimes be referred to herein as “We”, “Our”, or “Us”), including any provision of any products, features, functions, orders, sales, offerings, means of communication, or other services provided by or through any Soakest Sites (collectively, the “Services”).
By using a Soakest Site, including this Site, and as a condition of any Service provided, you agree to these Terms and all other terms or policies incorporated by reference herein, including without limitation Our Privacy Policy and Our Shipping and Returns Policy, even if you choose not to read them. Moreover, you affirm that you are of legal age to enter into these Terms, or if not, that you have obtained parental or guardian consent to enter into these Terms and your parent or guardian consents to these Terms on your behalf. If you do not wish to be bound by these these Terms or modifications, then you must not access or use this Site, any Soakest Site, or use any of our Services. Accessing this Site, any Soakest Site, or using any Service without agreeing to the Terms in full is unauthorized.
We reserve the right to change these Terms, in whole or in part, at any time at our sole discretion. We will post any such changes here, and they shall be effective immediately upon posting. Any subsequent use of this Site, any Soakest Sites, or any Services by you after the new Terms are posted will constitute acceptance by you of the new Terms in their entirety. It is your responsibility to check periodically for any changes to the Terms, but to help you identify when updates are made, we will post the date of the most recent revision at the top of the Terms for quick reference.
II. Orders
By confirming your purchase at the end of the checkout process, including by use of any express checkout processes, you agree to accept and pay for the products selected, as well as all shipping and handling charges and applicable taxes. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us or our payment service providers to store and use the card information as a payment method for purchases made on the Site or Soakest Sites. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms and may, among other actions, result in cancellation of your order.
We reserve the right to refuse or cancel an order for any reason at any time, including without limitation for insufficient or limited inventory, inaccuracies, or errors in product or pricing information, or problems identified related to potential fraud concerns. We also reserve the right to limit any order at any time including by person, household or by other method and without notice.
You agree to abide by the terms of use of your payment provider, including any credit card, credit union, or bank. For processing payments, we may use different merchant service providers or other providers. Among other possible providers, we currently use Stripe, Inc. and Paypal, Inc., and you may wish to view their terms and documentation for security, storage, information collection, and processing practices.
III. Product Descriptions & Changes
We make every reasonable effort to ensure that the content on our site is accurate, including the color, materials used, images, and product descriptions, but we do not guarantee accuracy. We have a large amount of content on our site, and errors can occur. Moreover, items purchased will not be those exact items described as many or all of our products are handcrafted. The descriptions are therefor general, so actual items may appear or be slightly different than those depicted. Moreover, computer monitors, hardware, and software (browsers included) vary some even in the presentation of the same image.
We also reserve the right, without notice, to edit, update, or change Service descriptions, including images, and to limit or remove Services at any time, including changes to the availability or quantity of any products, limits to locations and countries where Services are provided, changes to any samples offered, seasonal or special offerings, coupons, sales, promotions, or other incentives, as well as the ability to discontinue items or to changes to the size, color, ingredients, images, or descriptions of any items at any time.
Any Service offered on this site is void where prohibited.
IV. Shipping, Refunds & Returns
By agreeing to these Terms, you also agree to Our Shipping and Returns Policy. Please read it and all of our related policies carefully, which are incorporated herein by reference.
V. Privacy
By agreeing to these Terms, you also agree to Our Privacy Policy. Please read it and all of our related policies carefully, which are incorporated herein by reference.
VI. User Standards & Content
In connection with this Site, any Soakest Site or the use of our Services, you agree:
(a) not to infringe upon or violate any intellectual property right or other right of ours or any third party, including privacy rights;
(b) not to interfere or damage the Site, any Soakest Site or the Services provided nor to interfere with or attempt to interfere with, bypass, remove, circumvent, or otherwise avoid any of the security features, including without limitation by uploading or transmitting viruse(s), Trojan horse(s), malware, or by using denial-of-service attacks or bot attacks, or by uploading or using any type of malicious code that may affect the site or service’s functionality, security, privacy, operation, or any other intended use or protection;
(c) not to “spam,” “phish,” “pharm.” “spider,” “scrape,” or “crawl” nor to conduct any other similar activity with respect to this Site, any Soaklest Site, the Services, or in connection with any user of any of these sites;
(d) not to reverse engineer or otherwise attempt to decipher, download, descramble, or decompile any of the software used with the Site, Soakest Sites or the Services;
(e) not to use the Site, Soakest Sites or Services for any obscene or immoral behavior or purpose as determined in our sole discretion;
(f) not to provide or post any false or misleading information;
(g) not to attempt to nor to gain any unauthorized access to any proprietary, personal, private, or financial information, including without limitation customer information; and
(h) not to violate any applicable law, ordinance, or regulation or solicit anyone to do the same nor solicit anyone to do any of the forgoing prohibited activities listed above.
VII. Termination of Rights
We reserve the right at any time and without notice to modify, suspend, interrupt, or terminate your access or use of the Site, Soakest Sites, or Services for any reason in our sole discretion, including without limitation for purposes of possible violations of these Terms or simply just for site maintenance (routine or not) among other things.
If you have an account with us, once your access is terminated, you will no longer be able to access that account. While we may retain the data at our discretion, we are not obligated to share or transfer it to you unless required by law. It is your responsibility to back-up or otherwise save any content on your account.
VIII. Ownership & Intellectual Property
You agree that the content of this Site and all Soakest Sites, including trademarks, service marks, trade names, copyrights, such as the logos, design, text, art, code, images, product packaging, and site layout, and all other forms of intellectual property, are owned by and the exclusive property of Soakest and/or it’s licensors or other respective owners, including third party names and logos. All rights are hereby fully reserved and protected. The use or misuse of any such intellectual property without express written permission is hereby prohibited.
“SOAKEST”, “REAL. AMERICAN. SOAP.”, and “BETTER THAN VEGAN” are all trademarks of Soakest, LLC.
IX. Disclaimer & Limitation of Liability (include downtime)
THE USE OF THIS SITE, ANY SOAKEST SITE, AND THE SERVICES, INCLUDING CONTENT, INFORMATION, MATERIALS, PRODUCTS OR OFFERINGS, ANY LINKED SITES AND CONTENT THEREIN, OR ANY OTHER ITEMS MADE AVAILABLE OR PURCHASED THROUGH THIS SITE OR ANY SOAKEST SITE, ARE BEING MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE AND WE DISCLAIM ANY WARRANTIES, REPRESENTATIONS, TERMS, OR CONDITIONS, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, SECURITY, QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, SOAKEST SITES, OR SERVICES. YOUR USE OF THE SITE, SOAKEST SITES, AND SERVICES IS AT YOUR OWN RISK, AND WE ARE NOT RESPONSIBLE FOR ANY COSTS INCURRED, INCLUDING WITHOUT LIMITATION SERVICE, HARDWARE, OR SOFTWARE COSTS (SUCH AS CREDIT CARD, PAYMENT PROVIDER, INTERNET PROVIDER OR DATA COSTS), INCURRED BY YOU THAT MAY BE NECESSARY TO ACCESS, USE, COMMUNICATE WITH OR PURCHASE ITEMS ON THE SITE, SOAKEST SITES, OR SERVICES, OR FOR ANY FUNCTIONAL LIMITATIONS RELATED THERETO.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND IN CONNECTION WITH THE USE OF THIS SITE, SOAKEST SITES OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS SOLD OR OBTAINED THROUGH USE OF THE SERVICES, OR ANY USER CONTENT AVAILABLE ON THIS SITE OR ANY SOAKEST SITE. MOREOVER, WE WILL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, OR FROM ANY UNAUTHORIZED COLLECTION OR USE OF YOUR INFORMATION BY THIRD PARTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
BY USING OUR SITE, SOAKEST SITES, OR SERVICES, AND THEREBY AGREEING TO THESE TERMS, YOU HEREBY RELEASE AND WAIVE ANY SUCH CLAIMS AGAINST US. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, SOAKEST SITES, OR SERVICES IS TO STOP USING THE THEM. IN ANY EVENT, YOU AGREE THAT OUR MAXIMUM AGGREGATE LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
GIVEN THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT FULLY APPLY. IN THAT CASE ONLY, OUR LIABILITY SHALL STILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO BE CLEAR, YOU ARE WAIVING RIGHTS TO POTENTIAL CLAIMS THAT MAY BE UNKNOWN OR HAVE YET TO ARISE, AND YOU AGREE TO DO SO TO THE EXTENT PERMITTED BY LAW WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
X. Indemnification
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Soakest, its affiliates, successors, assigns, and their owners, shareholders, members, officers, directors, employees, agents, and partners from and against any and all allegations, demands, claims, causes of action, losses, liability, damages, costs, or expenses, including reasonable attorneys’ fees and costs, that may arise from your use of the Site, Soakest Sites, or the Services, including without limitation use of any product or products obtained through the sites or Services, and from any violation by you of any of these Terms. Soakest reserves the right, at its expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you. Further, you agree to cooperate with us if and as requested by us in any matter in the defense and settlement of such matter. If you fail to promptly defend us as required, we retain the right to take any reasonable steps necessary in that defense, and you shall promptly reimburse us for any reasonable costs and expenses.
XI. Governing Law & Jurisdiction
These Terms and any claims arising from the use of this Site, Soakest Sites, or through the Services, including use of our products obtained through those Services, shall be governed by and construed in accordance with the laws of the State of Colorado and the federal laws of the United States, and you agree and hereby submit to the sole and exclusive jurisdiction of the courts in the State of Colorado and to the venue in the appropriate state courts located in Arapahoe County, Colorado and federal courts in Denver, Colorado.
XII. Class Action Waiver
YOU AGREE, AS DO WE, THAT NEITHER PARY MAY PARTICPATE IN A CLASS ACTION AGAINST THE OTHER STEMMING FROM THESE TERMS, THE USE OF THE SITE, SOAKEST SITES, OR THE SERVICES. We may only bring claims against the other on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. We both hereby waive our right to any class action arising from any breach of these Terms, from use of the Site, Soakest Sites, or the Services, including use of any of our product(s).
XIII. Linked Material
At any point should you link to this Site or any Soakest Sites, you agree to be bound by these Terms. We reserve the right to request that you remove such link(s) in our sole discretion, and you agree to immediately do so upon request. We also may link to sites on this Site or the Soakest sites. The views expressed in those linked sites are those of the authors or third parties. They do not represent the views of Soakest nor are they endorsed in any way by us. Any access to those sites is done at your own risk. Linked sites, if any, are provided solely for convenience.
XIV. Miscellaneous
These Terms constitute the entire agreement between us and you with respect to your use of the Site, Soakest Sites, and the Services, and supersede any prior agreements between us and you related thereto. Any failure by us to insist upon or enforce timely performance of any provision of these terms shall not be construed as a waiver of any provision or right.
We may assign, transfer, or otherwise convey, without notice or consent to or from you, all of our rights under these Terms in our sole discretion to any party, including without limitation subsidiaries, affiliates, and third parties. You, however, may not assign your rights under these terms. Any attempt by you to assign any of your rights under these Terms shall be null and void.
If any provision of these Terms is held invalid or unenforceable by law, then such provision shall be severed from the Terms, and the remainder of the Terms shall be enforceable to the maximum extent permitted by law.
The parties have required that this agreement and all related documents be drawn up in English. Les parties reconnaissent par les présentes que chacune d’elles a exigé que ce contrat et tout document ou avis y afférent soient rédigés en anglais.
XV. Contact Information
If you have any questions, please contact us at support@soakest.com.