Terms of service
These are Shower Clear’s Product Terms and Conditions (“Terms and Conditions) cover the products (individually a “Product,” and collectively “Products”) offered by Shower Clear, Inc., a New York corporation (collectively, “Shower Clear”). By Purchasing a Product or providing funding to Shower Clear whether directly or indirectly through a third party (such as GoFundMe) (“Funding”), you agree to be bound by these Terms & Conditions and any additional terms Shower Clear provides, including but not limited to our Terms of Service, End User License Agreement, and the terms of the Limited Warranty included in-box with any Shower Clear Product.
LEGAL AGREEMENT. BY PURCHASING A PRODUCT OR FUNDING SHOWER CLEAR, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OF RESIDENCE TO PURCHASE PRODUCTS, PROVIDE FUNDING AN ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS OR PROVIDE FUNDING.
Shower Clear reserves the right to change these Terms & Conditions at any time as they pertain to now purchases or additional funding. It is your responsibility to read the Terms and Conditions each time you purchase a product or provide funding. If you have any questions regarding these Terms & Conditions, you can contact Shower Clear by email at info@shopshowerclear.com.
As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. Nothing in these Terms & Conditions is intended to alter or affect those legal rights which may not be altered as a matter of law.
Products offered by Shower Clear are not designed and tested for use in all countries. In the event you choose to use the Products outside the United States, you do so on your own initiative and you are solely responsible for ensuring the product is compatible with such countries systems. You are also responsible for ensuring compliance with applicable laws in such country. To the extent permissible by law, Shower Clear accepts no responsibility or liability for any damage or loss caused by your access or use of the Products.
3. Orders.
Shower Clear reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
4. Payment.
By providing a credit card or other payment method accepted by Shower Clear, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your Shower Clear account, you can do so at any time by logging into your account and editing your payment information. If you purchased or received your product from a third party, you may have to update your credit card or other payment method according to that third party’s payment policies. Shower Clear disclaims any liability for your failure to do so.
5. Service Fees and Payment.
(a) Service Fees. To use the Services, you must pay all applicable fees in connection with the Services selected by you (“Service Fees”) in accordance with the Terms of Service.
(b) Continuous Subscriptions. When you purchase any of our Services, you expressly acknowledge and agree that (1) Shower Clear, or other third party Service provider, is authorized to charge you a monthly or annual service fee depending on the billing cycle you choose (in addition to any applicable taxes) for as long as you continue to use the Services, and (2) your use of Services is continuous until you cancel it or such Service is suspended, discontinued or terminated in accordance with the Terms of Service.
(c) Billing. We automatically bill the payment method associated with your Shower Clear account on a monthly or annual basis (depending on the billing cycle you choose). Day one of your billing cycle is tied to the date you activate your Services by pairing them to the Product(s) and/or installing them. You acknowledge that the amount billed may vary due to promotional offers, changes in your Services plan and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts.
(d) Cancellations and Refunds. You may cancel your Services at any time by contacting customer support by email at support@meetShower Clear.com, or by telephone at (844) MEET-SHOWER CLEAR. Note that merely unpairing a Product from a Service will not trigger cancellation of the Service. In the event you cancel a Service, we will provide a prorated refund for the period of time starting the day after cancellation of the Service through the remainder of your billing cycle.
(e) Free Trials. We may offer free trials of our Services for limited periods of time. If we offer you a free trial, the specific terms of your free trial may be provided at registration. We have no obligation to notify you when your free trial ends, and we reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
6. Availability and Pricing.
All Products offered are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products and/or Services without prior notice. Prices for the Products and Services are subject to change at any time, but changes will not affect any order for Products you have already placed. In the event we change the pricing for any Service you have purchased, we will give you advance notice of this change in accordance with Section 17 (Notifications). After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your Services as set forth in Section 5(d) above.
7. Sales Tax.
Depending on the order, Shower Clear calculates and charges sales tax in accordance with applicable laws.
8. Resale and Title Transfer.
Purchases of Products are intended for end users only, and are not authorized for resale. Title for Products purchased passes to the purchaser at the earlier of: (a) if purchased in a retail store, the time the purchaser actually takes possession of the Product; or (b) if shipped to purchaser, the time of delivery by Shower Clear to the freight carrier, but Shower Clear and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
9. Shipping and Delivery.
Prices for the Products may not include shipping costs (if applicable). The method of delivery and delivery charges for any Products will be provided at the time you place order. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.
The Products offered by Shower Clear have been designed, marketed and sold for use by residents of the United States. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. The Products offered by Shower Clear are not intended for use outside of the United States. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you violate any such law.
10. Installation.
There may be laws in the jurisdiction in which you install a particular Product applicable to placement of the Product and method used to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. Shower Clear is not responsible for any injury or damage caused by self-installation. Shower Clear expressly disclaims any liability for injury to you, your persons, your property, or your Shower Clear Product from self-installation or installation by any installer not certified or recommended by Shower Clear. Further, Shower Clear Products that have been installed, or attempted to be installed, by a non-certified or non-recommended installer (including self-installation) are not eligible for returns as described in Section 11 and are not afforded any of the warranties described in Section 13 of this Agreement or any other Agreement provided by Shower Clear in conjunction with the Product or Services. For a list of recommended installers of the Products in your area, contact Shower Clear customer support by email at info@shopshowerclear.com or by telephone at (844) MEET-SHOWER CLEAR. These installers may not be Shower Clear employees and may not be affiliated with Shower Clear even though these installers may be certified or recommended by Shower Clear to install your Shower Clear Product. Shower Clear is not responsible for any conduct of or liability associated with these installers. You should do your own diligence of the installers to select one that best fits your needs.
11. Returns for Refund.
If, for any reason, you want to return a Product you purchased for a refund, you must notify us no later than 30 days following the date of purchase (the "Cancellation Period"). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting Shower Clear customer support at info@shopshowerClear.com or (844) MEET-SHOWER CLEAR, and clearly stating your desire to return the Product. Although it will not affect your right to a refund, please include details on where and when you purchased the Product and your reason for returning the Product. Shower Clear customer service will provide you with a return address where the returned product should be sent, and a Return Materials Authorization ("RMA") that must be included with your return shipment to Shower Clear so Shower Clear can identify your shipment. If you purchased the Product from somewhere other than Shower Clear, please contact that reseller to obtain a refund.
To receive a refund, you must return your Product (and any promotional merchandise supplied with the Product) with an RMA within the 14 days following the day on which you notify Shower Clear customer support that you desire to return your Product. Unless the Product does not function properly or is not as described when purchased, you will be responsible for all costs associated with returning the Product to us (including uninstallation and the cost of shipping the Product back to Shower Clear). Shower Clear Products that have been installed, or attempted to be installed, by a non-certified or non-recommended installer (including self-installation) are not eligible for returns under this Section 11. We will refund the price you actually paid for the Product plus original delivery cost (up to the value of our Ground delivery option), less the value of any promotional merchandise or discounts you received. We may reduce the amount of your refund to reflect any reduction in the value of the Product, as determined in our sole discretion, caused by your handling of the Product in a way which goes beyond what is necessary to establish their nature, characteristics and functioning (e.g., beyond what would normally be permitted in a shop).
We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Shower Clear of the returned Product. The Product is not eligible for a refund after the 30-day period.
12. Arbitration Agreement
(a) Except as provided herein, you and Shower Clear agree that any dispute, claim or controversy arising out of or relating in any way to the Products, these Terms & Conditions, the Limited Warranty and this Arbitration Agreement, shall be determined by binding arbitration. You agree that, by agreeing to these Terms & Conditions, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Shower Clear are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
(b) If you elect to seek arbitration, you must first send to Shower Clear, by certified mail, a written notice of your claim ("Arbitration Notice"). If Shower Clear initiates arbitration, it will send a written Arbitration Notice to the email address used for your Shower Clear account, or to an address you provided. An Arbitration Notice, whether sent by you or by Shower Clear, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Shower Clear and you do not reach an agreement to resolve the claim within 30 days after the Arbitration Notice is received, you or Shower Clear may commence an arbitration proceeding.
(c) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. The arbitrator is bound by the terms of this Agreement. Except as provided below, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Shower Clear and you agree otherwise, any arbitration hearings will take place in Maricopa County, Arizona.
(d) YOU AND SHOWER CLEAR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and Shower Clear agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
13. Warranties and Disclaimers.
As far as permitted by applicable law, all Products are provided on an "as-is" basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All Products and Services are provided on an "as-is" basis unless otherwise noted in the Limited Warranty included with a Product. With respect to Shower Clear Products, you may choose whether to make a claim under these Terms & Conditions or the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty for your Shower Clear Product, you should contact Shower Clear at (844) MEET-SHOWER CLEAR.
You use any Products or Services at your own discretion and risk. You will be solely responsible for (and Shower Clear disclaims) any and all loss, liability or damages resulting from your use of a Product and/or Service, including damage or loss to your water systems, plumbing, home, Product, other peripherals connected to the Product, , and all other items, people and pets in your home. Unless explicitly promising a "guarantee," Shower Clear does not guarantee or promise benefit including but not limited to any monetary benefit from the use of a Product and/or Services or any feature of them. Actual savings and monetary benefits, if any, vary with factors beyond Shower Clear’s control or knowledge.
14. Limitation of Liability.
Nothing in these Terms & Conditions will be an attempt to exclude or limit liability that cannot be limited or excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) SHOWER CLEAR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR SERVICES, EVEN IF SHOWER CLEAR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) SHOWER CLEAR’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO SHOWER CLEAR OR SHOWER CLEAR’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SHOWER CLEAR DISCLAIMS ALL LIABILITY OF ANY KIND OF SHOWER CLEAR’S LICENSORS AND SUPPLIERS.
15. Data Protection.
By purchasing Product or placing an order for Services, you agree and understand that Shower Clear may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. Shower Clear may also share such data globally with its subsidiaries and commercial partners. Shower Clear will protect your information in accordance with its then established privacy policies. Shower Clear works with other companies that help Shower Clear provide Products to you, such as freight carriers and credit card processing companies, and Shower Clear may have to share certain information with these companies for this purpose.
16. Electronic Communications.
To make use of the Services, you will be required to communicate with Shower Clear electronically when you access Shower Clear’s website or use our app f one is developed, Mobile Apps or send email to Shower Clear. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order Product online in Shower Clear’s Store, we collect and store your email address. From that point forward, your email address is used to send you information about Shower Clear’s products and services unless you opt-out of such emails using the opt-out link in the emails.
17. Notifications.
Shower Clear may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Shower Clear account, hard copy, or posting of such notice on the Shower Clear website. Shower Clear is not responsible for any automatic filtering you or your network provider may apply to email notifications. Shower Clear recommends that you add the “info@shopshowerclear.com” URL to your email address book to help ensure you receive email notifications from Shower Clear.
18. Force Majeure.
Shower Clear will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19. Protection of Confidentiality and Intellectual Property Rights.
Notwithstanding the provisions of the Arbitration Agreement Section, Shower Clear may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
20. Severability.
If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
22. Waiver.
Failure or delay by us to enforce any of these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
23. Governing Law and Jurisdiction.
These Terms & Conditions are governed by the laws of the State of Arizona without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Maricopa County, Arizona for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth above.