Terms and Conditions
This agreement contains all of the Terms and Conditions ("Terms" or “Agreement”)) between Soap Basket Boutique by Ani, LLC ("SBBA") and User (hereinafter defined) and governs the use of the services offered at SoapBasketBoutique.com web site ("Site"). You must read, agree with and accept all of the terms and conditions contained in this Agreement, the Shipping and Return Policy and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the Site. Use of the Site constitutes an agreement to these Terms. By using this Site, all Users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. We reserve the right, at our discretion, to update or revise these Terms. Please check the Terms periodically for changes. Your continued use of this Site following the posting of any changes to the Terms constitutes acceptance of those changes. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
1. General
The Site is an interactive online service (the "Service") on the World Wide Web of the Internet (address: http://www.SoapBasketBoutique.com) operated by Soap Basket Boutique by Ani, LLC (“SBBA”). The Service offers Users access to (i) information, software and other content owned or licensed by the Site and third-parties ("Content Providers"), and (ii) products and services offered by the Site and independent merchants ("Merchants"). "User" means any person who uses the Service or establishes an authorized account ("Account") for access to and use of the Service. The right to use the Service is personal to the user and a User's Account is not transferable. Unless authorized by the Site, a User must be an individual who is at least eighteen (18) years of age and may not be a firm, business entity or institution. Except as expressly permitted in this Agreement, no portion of the Service (including any information, content or software other than software to be used solely in connection with User's Account) may be downloaded, reproduced, redistributed, retransmitted, published, resold or otherwise commercially exploited by any User.
2. These Terms and Conditions May Change
SBBA reserves the right to update or amend these Terms at any time. The amended Terms shall automatically be effective as of the date they are posted on the Site, as indicated by the “Last Updated” legend below. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms and Conditions as modified by the posted changes. For this reason, we encourage you to review these Terms and Conditions whenever you use the Services. The last date these Terms and Conditions were revised is set forth below. SBBA may, in its sole discretion, make changes to any aspect of this Site, including, without limitation, any Materials (hereinafter defined), any activities available on this Site, and any products or services offered through this Site.
3. Products and Services
The products and services made available by SBBA and its Merchants on this Site are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining SBBA's prior written consent. SBBA and its Merchants may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error.
4. Registration Information
To use some of our Services, you may be prompted to complete a registration process. During the registration process, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the forms, (ii) to maintain and update this information to keep it true, accurate, current and complete, and (iii) notify us immediately of any unauthorized use of your account or any other breach of security and change your to avoid liability for any unauthorized charges to User's Account. If any information provided by you during the registration process is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the services. The User is responsible for ensuring that all use of the Service under the User's Account (i.e., use of the Service by any person using the User's ID and password) complies with the provisions of this Agreement. The User is responsible for maintaining the confidentiality of his or her password.
5. Fees
The User is responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under the User's Account, including processing fees and payment for purchases made through the Service. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card; and (ii) all fees and charges are non-refundable, except as permitted under these Terms. The User may, upon request (by electronic message or conventional mail), receive supporting information relating to charges to the User's Account. The Site is not responsible for delivery, warranties, guarantees or other matters concerning purchases from Merchants that are not owned or operated by SBBA.
Any credit card chargebacks will result in immediate suspension of the User Account until the User pays the original non-discounted fee for the service, plus an additional $25 processing fee.
6. Credit Card Fraud
If User uses another person's credit or debit card to purchase any service offered via the Site, and if the card number is processed by our system, and if the payment is charged back against us, and if the cardholder later indicates that your use of their card to make the purchase was without authorization, then you acknowledge using computers and computer networks located in New York County, NY (USA) to make such unauthorized transactions, and:
You irrevocably: (i) submit to personal jurisdiction and venue in the Circuit and District Courts of New York County, NY (USA), (ii) you waive any defense based on lack of personal jurisdiction or improper forum or venue, (iii) you consent to service of process by first class mail, fax transmission and/or email to your address registered with us, and (iv) you agree to pay all costs and expenses of enforcement, including attorney fees of not less than $1,000 per unauthorized purchase or transaction, or as otherwise determined by the Court, plus court costs and expenses of litigation.
7. Changes
SBBA reserves the right, at any time, to (i) change the Service, including eliminating or discontinuing any content, product or feature available via the Service, restricting the hours of availability or limiting the amount of use permitted by the User, or (ii) change any fees or charges for use of the Service, including instituting new or increased fees or charges for the use of the Service or any feature thereof. All changes shall be effective immediately upon notice. Any use of the Service under a User's Account after such notice shall be deemed to constitute acceptance by the User of the changes. You agree that SBBA shall not be liable to you or to any third party for any modification, suspension, discontinuance of the Site, in whole or in part, of any Service, content, featured product offered through the Site.
8. Service Content
The contents of this Site, such as text, graphics, designs, logos, trademarks, editorial content, references to technologies & processes, data, formatting, HTML, look and feel, sounds, videos, images, logos, button icons, software and other contents (altogether, the "Material"), are protected under both United States and foreign copyright, patent, trademark and other laws. All Material is the property of SBBA or other third parties. The compilation (meaning the collection, arrangement, enhancement and assembly) of all content on this Site is the exclusive property of SBBA and protected by U.S. and international copyright laws.
“SBBA Trademarks” shall mean any trademarks, trade dresses, service marks, slogans, logos, designs or other means of distinction used by SBBA to designate the source of its goods or services from time to time, which includes “SoapBasketBoutique.com,” “Soap Basket Boutique” and “Soap Basket Boutique by Ani.” SBBA Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the SBBA.
9. Limited License
Except as expressly permitted by this Agreement, the User may not copy, reproduce, publish, retransmit or redistribute copyrighted materials, in whole or in part, in any manner, without the express written permission of the copyright owner. The User may download or make a single copy of copyrighted materials solely for the User's own personal use, provided the User preserves any copyright or other notices contained in or associated with them. User may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The Material may not be used on any other Site or in a networked computer environment for any purpose. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from SBBA is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these SBBA is prohibited.
10. User Conduct
The User shall be responsible for, and assumes all liability associated with, any material made available via the Service under the User's Account, including liability for claims of infringement, libel and slander. The User shall not post, transmit through or otherwise make available via the Service (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of SBBA, any advertising or any solicitation with respect to products or services. Although SBBA does not and cannot review every message posted by User on the Service, SBBA shall be under no obligation to permit any material posted or transmitted by the User to remain on the Service, and may refuse to display or remove from the Service any material which SBBA, in the exercise of its sole discretion, believes violates this Agreement. Material authored by User or a user authorized by User under this Agreement ("User Material") that is posted, transmitted through or otherwise made available on the Service by the User in public posting areas shall be considered to be in the public domain, and may be copied, published, distributed or otherwise used by SBBA (or another User) for any purpose without the permission of the User. User acknowledges that any User Material posted, transmitted through or otherwise made available on the Service may be edited, removed, modified, published, transmitted and displayed by SBBA, and User waives all moral rights in such User Material.
11. Web Security Rules
User may not violate or attempt to violate the security of the Site or use the Site to violate the security of other sites by any method, including, without limitation: (i) accessing data not intended for User or logging into a server or account which User is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii)Â sending unsolicited e-mail, including promotions and/or advertising of products or services, or (iv) forging any Site packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. SBBA may investigate violations of the Terms and Conditions and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
12. Specific Prohibitive Uses
The Site may be used only for lawful purposes. SBBA specifically prohibits any use of the Site, and all Users agree not to use the Site, for any of the following:
(a) posting or providing any incomplete, false or inaccurate information;
(b) using the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about Users of the Site;
(c) using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site;
(d) taking any action which imposes an unreasonable or disproportionately large load on this Site's infrastructure;
(e) notwithstanding anything to the contrary contained herein, using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site;
(f) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
(g) using any meta tags or any other “hidden text” utilizing SBBA’s name, trademarks or other proprietary information;
(h) aggregating, copying or duplicating in any manner any of the materials or information available from the Site; and
(i) framing of or linking to any of the materials or information available from the Site.
SBBA does not tolerate inappropriate use of the site or fraudulent activity. This will result in your profile being deleted.
13. Advertising Disclosure; Accuracy
Product descriptions posted on our product pages are the representations of our Merchants. The Site may contain technical inaccuracies or typographical errors or omissions. SBBA is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. SBBA reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
14. Colors
SBBA has done its best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
15. User Errors
SBBA and any other providers of products or services on the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, SBBA and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by you or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
16. Availability of Product and Service
Reference to any product or service on the Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available or that the name and description of any product from our wholesale distributors will be the same as that included on the Site. Prepackaged gifts and kits are assembled individually and may vary slightly. We reserve the right to substitute a product of equal value and nature if the original product becomes unavailable. We will not be able to fill your order if you require shipping outside of the United States.
Inventory information is generally available on the Site for domestic (U.S.) only. This information can be used to estimate the likelihood that merchandise will be shipped immediately after you place your order. However, we cannot guarantee that a product listed as available will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. However, if an item that is purchasable in your shopping cart when you place your order is sold out at the time your order is processed, we will notify you by email that your order will not be filled and your credit card will not be charged.
17. Shipping and Return Policy
Where applicable, our Shipping and Return Policy are posted on the Site for your review. We request that you please read our policies thoroughly prior to purchasing products and merchandise from our Site.
18. Product Pricing
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product or service is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Our Merchants are under no obligation to honor our Site pricing or product promotions.
19. Acceptance of Orders
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by or using the same online account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Company does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use our Site only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
20. No Endorsement
SBBA shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized SBBA spokesperson. Service advertisers, Content Providers, User, guests, independent writers and experts are not authorized SBBA spokespersons. At no time should the opinions, views, advice or statements provided by Service advertisers, Content Providers, other Users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
21. User Conduct--Waiver
You agree not to use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER MATERIAL THAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST SBBA WITH RESPECT THERETO.\
22. No Confidentiality
SBBA is pleased to hear from Users and welcomes your comments regarding our products and Services. SBBA's longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by SBBA's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that SBBA may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to SBBA. SBBA is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. SBBA has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead SBBA or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. SBBA takes no responsibility and assumes no liability for any Comments posted by your or any third party.
23. Third Party Sites
Links from the Site to external sites (including external sites that are framed by SoapBasketBoutique.com) or inclusion of advertisements do not constitute an endorsement by SoapBasketBoutique.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Users' reference and convenience. Users access them at their own risk. It is the responsibility of the User to evaluate the content and usefulness of the information obtained from other sites. SoapBasketBoutique.com does not control such sites, and is not responsible for their content. Just because SoapBasketBoutique.com has hyperlinks to such sites does not mean that SoapBasketBoutique.com endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by SoapBasketBoutique.com's Terms and Conditions and Privacy Policy. SoapBasketBoutique.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All Users hereby agree to hold SoapBasketBoutique.com harmless from any liability that may result from the use of links that may appear on the Site.
24. Privacy Policy
A privacy policy is published on this site.
25. Force Majeure
SBBA is not responsible for any delay or failure in performance of the Site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, war, terrorism, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.
26. Disclaimers and Limitation of Liability
THE USER AGREES THAT THE USE OF THE SERVICE IS AT THE USER'S SOLE RISK. NEITHER SBBA, ITS MERCHANTS, CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES SBBA OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE PRODUCTS. THE SERVICE AND ANY PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE; AND SBBA HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS MERCHANTS, CONTENT PROVIDERS SUCH OTHER PERSONS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSIONS, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE USER'S SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE ARISING FROM THE SERVICES SHALL BE TO TERMINATE THE USER'S ACCOUNT OR THE RETURN POLICY AS SET FORTH ABOVE.
IN NO EVENT SHALL SBBA, ITS MERCHANTS, REPRESENTATIVES, AGENTS OR LICENSORS BY LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY SBBA OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SEVICES RELATED TO THIS SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
27. Disclaimer—No Medical Advice
THE MATERIALS CONTAINED ON THIS SITE FOR SOME OF OUR PRODUCTS MAY CONTAIN INFORMATION ABOUT NATURAL INGREDIENTS, NATURAL PROCESSES AND NATURAL THERAPIES, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION.
SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A MEDICAL ADVICE, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. WE RECOMMEND SPEAKING WITH YOUR DOCTOR OR PHARMACIST BEFORE CHANGING YOUR PERSONAL CARE REGIMEN. ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.
28. Indemnification
The User agrees to defend, indemnify and hold harmless SBBA, its Merchants, Content Providers and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including reasonable attorneys' fees, arising out of the User's use of the Service or the User's Account.
29. Termination
Either SBBA or the User may terminate this Agreement and the User's Account at any time, with or without cause. In the event the User is dissatisfied with the Service for any reason whatsoever, the only right available to the User is to terminate the User's Account by contacting SBBA pursuant to this Agreement. SBBA may suspend or terminate User's Account, without notice, in the event of any breach by the User of this Agreement or for other conduct by the User which SBBA, in its sole discretion, considers to be unacceptable. Suspension or termination of a User's Account means that the Service will no longer be accessible to the User. SBBA shall not be responsible for any consequences of such lack of access. The provisions of this Agreement will survive the termination of the Agreement or the User's Account, whether by SBBA or the User. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
30. Notices
SBBA may give notices to User, at SBBA's option, by posting a message on the Service, by electronic or conventional mail or by any other means by which User obtain actual knowledge thereof. Notices by Users to SBBA must be given by electronic or conventional mail. Notices to SBBA by electronic mail must be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Notices to SBBA by conventional mail must be sent to: Soap Basket Boutique by Ani, LLC, 26 Railroad Avenue, #129, Babylon, NY 11702-2216, Attention: Support. Notices by a User to SBBA will not change the terms of this Agreement or any SBBA operating rule, unless an authorized officer of SBBA expressly accepts the change in writing.
Special Notice to California Users:
As required by California Code Section 1789.3, this notice is to advise you of the following: a. SoapBasketBoutique.com is a service provided by Soap Basket Boutique by Ani, LLC, 26 Railroad Avenue #129, Babylon, NY 11702-2216, telephone number 1-877-939-SOAP (7627), b. The fees, prices and charges for the Service and products vary depending on the Services or products selected by the User. SBBA reserves the right to change the amount of any fee, price or charge and to institute new fees, prices or charges, effective on notice to the Users. c. If you have a complaint regarding the Service or desire further information on use of the Service, contact SBBA by telephone at 1-877-939-SOAP (7627). For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N112, Sacramento, California 95834 or by telephone at 1-800-952-5210.
31. Copyright Infringement Policy
SBBA is committed to complying with U.S. copyright and related laws, and requires all users of the Site to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is SBBA's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the service provided to any User who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who SBBA believes in its sole discretion is infringing these rights. Any user who feels that a User Material is objectionable or infringing may send a notice under the DMCA to Company. Upon our receipt of a proper notice of claimed infringement under the DMCA, SBBA will seek to respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the User Material in issue. The SBBA-designated agent (i.e., proper party) to whom you should address such notice is: Copyright Agent, SBBA’s Legal Department, 26 Railroad Avenue, #129, Babylon, NY 11702-2216, 1-877-939-SOAP (7627), This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
32. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the SBBA without restriction.
33. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
34. Governing Law; Forum for Disputes
Any controversy or claim relating to this Site, the Material, the User Material or this Terms and Conditions not otherwise resolved between you and SBBA will be resolved in a cost effective manner through binding non-appearance-based arbitration conducted in New York, New York. Party shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Any claim or cause of action that you may have with respect to this Site, the Material, the User Materials or these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises or it will be forever barred. Notwithstanding anything to the contrary, any action or proceeding by SBBA relating to your access to, or use of, this Site or any Material in accordance with this paragraph may be instituted by SBBA in state or federal court in New York County, New York. Accordingly, you consent to the personal jurisdiction of the courts in New York County, New York with respect to all matters relating to your access to or use of this Site and the Material and waive your rights to removal or consent to removal. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. In the event SBBA seeks injunctive relief, SBBA shall be able to seek such injunctive relief without the necessity of posting a bond or proving the inadequacy of damages, and be entitled to the reimbursement of all costs and expenses (including reasonable attorneys fees) incurred in connection with the enforcement of the foregoing right.
35. Miscellaneous
This Agreement, the Privacy Policy and the Shipping and Return Policy constitute the entire and only agreement between SBBA and the User with respect to the Service, and supersede all other communications and agreements with respect to the subject matter hereof. SBBA may modify this Agreement from time to time upon notice, as described above. The provisions of this Agreement are for the benefit of SBBA, its Merchants, its Content Providers and their respective employees, agents and licensors and, as such, each shall have the right to assert and enforce such provisions directly on its own behalf. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Last Updated: November 19, 2009
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