Terms & Conditions

Last Updated: April 11, 2026

The following terms of use, (these “Terms”) are entered into by and between you and [The Washroom Inc.] (“Toilette”, the “Company,” “we,” “us” or “our”). These Terms govern your access to and use of our website, www.toilette.us (the “Site”) along with any other products or services offered by us, whether through the Site or otherwise (collectively and together with the Site, the “Services”).

By using our Services, you expressly agree to these Terms. Please carefully review these Terms before using our Services, including, without limitation, the warranty disclaimers and releases set forth below, which limit our liability and your ability to bring certain claims against us.

BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

Privacy Policy
Your use of, and participation in, the Services offered by the Company is subject to the terms set forth in our privacy policy located here (the “Privacy Policy”). Our Privacy Policy details how we collect and use your information. You agree to receive all communications, agreements, and notices that we provide in connection with our Services electronically, including by email, SMS or text message (if you provide your manual consent to opt in to receive SMS or text messages) to the cell phone number associated with your account, or by posting them to your account on the Site or otherwise through our Services. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive SMS or text messages is not a condition of purchase. You may withdraw your consent to receive communications electronically at any time, but except as it relates to SMS text messages, if you withdraw such consent, you may be unable to use all or a portion of our Services.

Changes to the Terms of Use
We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.

Access to Services; Account Registration
By accessing the Services, you warrant that:
—You are legally capable of entering into binding contracts (if you are a wholesale buyer, you represent a valid business entity and are authorized to enter into contracts on behalf of such business entity);
—All registration information you submit is truthful and accurate;
—You will maintain the accuracy of such information; and
—Your use of the Services does not violate any applicable law or regulation.

Payments; Ordering & Availability; Billing and Subscriptions

You agree to provide accurate and up-to-date payment information at the time you order any product offered by the Company (“Products”). We have contracted with third parties, including without limitation, our e-commerce platform provider, fulfillment service provider, third party payment processors and other service providers (each, a “Third Party Provider”), to facilitate purchases made on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to such Third Party Provider(s). You should be aware that online payment transactions are subject to validation checks by us and our Third Party Providers and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. We do not provide any warranties or make representations to you with respect to Third Party Providers. You acknowledge that we have no control over Third Party Providers’ services and will not be responsible or liable to you or anyone else for such services.

You agree to have sufficient funds or credit available upon placement of any product order to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the “Order Confirmation”). The Order Confirmation means that your order request has been received. It does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Shipping options and delivery timelines are provided at checkout. Toilette is not responsible for delays caused by carriers, customs, or unforeseen events. Risk of loss passes to you upon delivery to the carrier. Prices for the Products are subject to change without notice. We reserve the right at any time to modify or discontinue offering the Products without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products. All Product purchases are non-returnable and non-refundable. In the event a Product is defective, you must provide written notice to Toilette within seven (7) days of delivery of the applicable Product, including reasonable documentation of the alleged defect. Failure to provide such notice within the seven (7) day period shall constitute acceptance of the Product and a waiver of any claim related to defects.

Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. We have made every effort to display as accurately as possible the colors and images of Products that appear at the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Product whose information including without limitation, price, was incorrectly posted on the Site as a result of an error.

The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order.

We reserve the right to refuse any Product order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. Prices listed are in USD unless stated otherwise. You agree to pay for taxes, duties, shipping or carriage of the Products as such costs are specified by us when you submit your order. If any applicable taxes or duties are not fully pre-paid when you submit your order, you agree that you will be fully responsible for paying all applicable taxes and duties directly to the relevant authority. You further agree that you will be fully responsible for claiming back any taxes and duties from the applicable authority, to the extent possible, in cases of a return or any other eligible circumstances. Certain states (e.g., Colorado) have added delivery fees which are non-refundable. Where applicable, this will be included with estimated taxes, and if any items on your order are returned, such delivery fees will not be refunded as per state law. For more information on any such fees, please contact your state legislature. In addition, at checkout the price of international orders, or any applicable credits, can be affected by foreign exchange differences. If you choose to pay using a payment card with a currency denominated account, or any applicable credit, that is different from the currency of your order, additional charges and foreign exchange differences may apply. These charges and exchange rates applied are beyond our control.

Subscriptions; Recurring Deliveries

Some purchasing options we may offer consist of an initial period, for which there is a one-time charge, followed by recurring periods as agreed to by you, for which you will be charged each time (“Subscription”). When you enroll in a Subscription, you agree to receive and pay for a minimum of two (2) recurring Product deliveries. Until you have completed at least two (2) recurring Product deliveries under the Subscription, you may not cancel without incurring payment obligations for such orders. Unless you cancel in accordance with this section, your Subscription will automatically renew and continue on a recurring basis, charging your chosen payment method and initiating further deliveries consistent with the cadence (e.g., monthly) you selected at signup.

BY ENROLLING IN A SUBSCRIPTION, YOU ACKNOWLEDGE AND AGREE THAT (A) TOILETTE (OR ANY OF OUR THIRD PARTY PROVIDERS) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS (E.G., MONTHLY) FOR THE THEN-CURRENT SUBSCRIPTION PRICE AS LONG AS YOUR SUBSCRIPTION CONTINUES AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT BY FOLLOWING THE INSTRUCTIONS WE PROVIDE OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING US AT SUPPORT@TOILETTE.US OR LOGGING INTO YOUR TOILETTE ACCOUNT TO CANCEL ONLINE. YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. All recurring payments are fully earned upon payment. In certain cases, we may allow you to pause (suspend) your Subscription for a limited time as determined in our sole discretion. Pausing does not waive the requirement to cancel before a recurring order or the liability for all placed orders.

You are fully liable for all orders placed under the Subscription plan (including the minimum two deliveries), whether or not you use or receive the Product. You must ensure that your payment method is valid and has sufficient funds at each renewal. If a recurring payment fails, we may retry or suspend your Subscription until payment is resolved.

You may be able to change the frequency, product variant, or shipping address associated with your Subscription via your Toilette account dashboard, subject to that change being submitted prior to the cutoff date for the next order. However, such modifications do not count toward your minimum delivery commitment or cancellation deadline unless expressly acknowledged.

Once a delivery is processed or shipped under your Subscription, we are not obligated to refund it, except in cases of defect or damage per our standard Shipping & Returns policy.

We reserve the right to terminate, modify, or suspend your Subscription at any time for any reason (e.g. failure to pay, suspected abuse, change in service). If we terminate your Subscription without cause, we will not charge you further but will not be responsible for refunding past fulfilled deliveries unless required by law.

Payment Processor; Third Party Service Provider
In the course of your use of the Services, third party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your payment or subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

Our obligation to provide the Services only comes into being when we take receipt of your purchase of the Services. You agree not to hold us responsible for banking charges incurred due to payments on your account. You agree that you are not permitted to resell any Services for commercial purposes (other than as permitted pursuant to a wholesale agreement and order placed with the Company).

Payment Cancellation
You may cancel your purchase up until the order has been processed by our warehouse as determined in our sole discretion. If your order has not yet been processed and you wish to cancel it, please contact us using the contact information provided below. We cannot guarantee cancellations.

Cancellations by Toilette

We may cancel any orders and/or suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes, without limitation, the unauthorized copying or download of content from the Services.

Eligibility; User Restrictions
We only permit individuals who are at least 18 years old, or the age of majority in your province, territory or country, and who can form legally binding contracts with us to use the Services.

You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Use of the Services; Restrictions on Use
We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice. Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services. We may cancel your orders as a result of the breach or suspected breach of these policies at our discretion and without notice or liability to you. You may not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Services:

—Use the Services for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;
—Purchase products through the Site for non personal purposes such as for resale (other than as permitted pursuant to a wholesale agreement and order placed with the Company);
—Express or imply that any statements you make are endorsed by Toilette;
—Scrape the Services or use other automated or manual means to take our content without our express prior written consent;
—Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read;
—Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
—Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
—Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
—Run any form of auto-responder or “spam” on the Services;
—Access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; or
—Otherwise take any action in violation of these Terms.

Links to Third Party Websites
We may provide links to third party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

Intellectual Property
Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, using the Services does not (1) give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

In particular, audio or video content from Toilette not explicitly indicated as downloadable may not be downloaded or copied from the Services. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You may not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.

To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at support@toilette.us.

Availability of the Services
Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in our Services, please report it to us at support@toilette.us and we will review your complaint and, where we determine it appropriate to do so, correct the fault. We will not be liable to you if the Services are unavailable from time to time.

Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can.

Third Party Materials and Content
You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”). In consideration for Toilette allowing you to use the Services, you agree that we, our affiliates, and third party partners may place advertising on the Services.

You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third Party Materials.

Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners.

Warranty Disclaimers; Limitation of Liability
The Services and Products are provided “as is” and without warranty of any kind. To the maximum extent permitted by law, the Company disclaims all representations and warranties, express or implied, relating to the Services, Products or any content on the services, whether provided or owned by the company or by any third party, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and any implied warranties arising from course of dealing, course of performance, or usage in trade, all of which are expressly disclaimed. In addition, you assume total responsibility and risk for your use of the Services and Products and the Company does not make any representation or warranty that any of the Services or any content available through any of the Services is accurate, complete, available, current, free of viruses or other harmful components or defects, or that the services will meet your requirements. No advice or information, whether oral or written, obtained by you from the Company shall create any warranty not expressly made herein.

In no event whatsoever shall the Company, its affiliates, or suppliers, or their respective officers, employees, shareholders, agents, or representatives, be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (arising under tort, contract, or other law) regardless of such party’s negligence or whether such party knew or should have known of the possibility of such damages. You understand and agree that your use of the Services and Products is done at your discretion and risk. The Company neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the Services. If, notwithstanding the other provisions of these terms, the Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of any Services or Products, the Company’s liability shall in no event exceed the greater of (1) the total of any fees paid by you to the Company in the six (6) months prior to the date the claim is asserted for any of the Services or feature relevant to the claim, or (2) $500.00.

These disclaimers and limitations of liability are made to the fullest extent permitted by law.

Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services or Products or your use of any information obtained through the Services.

Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND COMPANY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND COMPANY FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND COMPANY AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

Arbitrable Claims. For any dispute or claim that you have against the Company, that the Company has against you or that you have, or the Company has, in each case arising from, relating to, or stemming from these Terms, our Services or any aspect of the relationship between you and the Company as relates to these Terms or our Services, including any privacy or data security claims (collectively, “Arbitrable Claims,” and each an “Arbitrable Claim”), you and the Company agree to attempt to first resolve the Arbitrable Claim informally via the following process. If you assert an Arbitrable Claim against Company, you will first contact Company by sending a written notice of your Arbitrable Claim (“Claimant Notice”) to Company by email to support@toilette.us. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Arbitrable Claim; and (iii) set forth the specific relief sought. If the Company asserts an Arbitrable Claim against you, the Company will first contact you by sending a written notice of Company’s Arbitrable Claim (“Company Notice”), and each of a Claimant Notice and Company Notice, a “Notice”) to you via email to the primary email address associated with your account. The Company Notice must (A) include the name of a Company contact and the contact’s email address and telephone number; (B) describe the nature and basis of the Arbitrable Claim; and (C) set forth the specific relief sought. If you and the Company cannot reach an agreement to resolve the Arbitrable Claim within thirty (30) days after you or the Company receives such a Notice, then either party may submit the Arbitrable Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or the Company first sends the applicable Notice so that the parties can engage in this informal dispute-resolution process.
Binding Arbitration. Except for (i) individual disputes that qualify for small claims court or (ii) any disputes exclusively related to the intellectual property or intellectual property rights of you or the Company, including any disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of your or the Company’s intellectual property rights or other infringement of your or Company’s intellectual property rights (“IP Claims”), all Arbitrable Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including, with respect to Arbitrable Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with subsection (a) above will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Arbitrable Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
Governance. These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.
Submission. All Arbitrable Claims must be submitted to the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, which are available on the AAA’s website (adr.org), as amended by these Terms as follows:
YOU AND THE COMPANY AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND COMPANY ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against the Company or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
For any arbitration you initiate, you will pay the consumer filing fee, and the Company will pay the remaining AAA fees and costs. For any arbitration initiated by the Company, the Company will pay all AAA fees and costs.
For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (a) the arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (b) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (c) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
If you or the Company submits a dispute to arbitration and the arbitrator orders any exchange of information, you and the Company agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and the Company agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Company or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and the Company understand and agree that when twenty-five (25) or more similar claims are asserted against Company or you by the same or coordinated counsel or are otherwise resolved, your or the Company’s Arbitrable Claim might be delayed. For such coordinated actions, you and the Company also agree to the following coordinated bellwether process. Counsel for the claimants and counsel for the Company shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this staged process from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against the Company or you.
One Year to Assert Claims. To the extent permitted by law, any Arbitrable Claim by you or the Company relating in any way to these Terms, our Services, or any aspect of the relationship between you and Company as relates to these Terms or our Services, must be filed within one year after such Arbitrable Claim arises; otherwise, the Arbitrable Claim is permanently barred, which means that you and Company will not have the right to assert the Arbitrable Claim.
Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at support@toilette.us. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the Governing Law section below.
Severability. If any portion of this Section is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
Other Jurisdictions. Notwithstanding anything to the contrary in the Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding the Terms either by following the arbitration procedure detailed above in this Section or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.

Governing Law
These Terms and any claims made hereunder (including Arbitrable Claims) will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Arbitrable Claim is not subject to arbitration pursuant these Terms, then the state and federal courts located in New York County, New York will have exclusive jurisdiction. You and the Company irrevocably waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

Severability
If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

Entire Agreement
These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.

Force Majeure
We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.

Assignment
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

Waiver
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Release
You release the Company and our successors from all losses, damages, rights, and demands and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arise from your use of the Services and Products (collectively, “Claims”). If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, which, if known by him would have materially affected his settlement with the debtor.” This release does not apply to any Claims for unconscionable commercial practice by the Company or fraud, deception, false, promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services.

Comments, Concerns and Complaints
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to support@toilette.us.