Scrub Daddy Terms and Conditions

Terms of Use

Last Updated February 17, 2025

1. Acceptance of Terms of Use

By visiting, using, or browsing any web site or portal published by Scrub Daddy, Inc. (the “Website(s)”) (however accessed and/or used, whether via personal computers, mobile devices, or otherwise) and/or any of its affiliates or subsidiaries (collectively, “Scrub Daddy”, “Us” or “We”), you accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of our Privacy Policy. If you do not agree to these Terms of Use and to our Privacy Policy, please do not use our services or visit our Websites. Acceptance of these terms constitutes a legal agreement between you and Scrub Daddy. These Terms of Use, along with our Privacy Policy, govern your use of our Websites, applications, and other products and services offered by Scrub Daddy or its affiliates that include an authorized link to these Terms of Use.

Additional terms may apply to your use of certain services or features available through the Website (“Additional Terms”). We will provide these terms to you or post them on the Website, and they are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any Additional Terms that apply to a particular service or feature, the Additional Terms will control with respect to that particular service or feature unless the Additional Terms expressly state otherwise.

PLEASE READ THESE TERMS OF USE CAREFULLY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCLUDING INDIVIDUALS RESIDENT IN THE PROVINCE OF QUEBEC, THESE TERMS OF USE INCLUDE AN AGREEMENT TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION, A CLASS ACTION WAIVER. THEY ALSO INCLUDE IMPORTANT DISCLAIMERS, WARRANTIES, AND LIMITATIONS ON LIABILITY.

2. Changes to Terms of Use

We may at any time revise these Terms of Use. If you continue to use the Website following such change, you are bound by any such revision and should therefore review this Website periodically to determine the then current Terms of Use, Privacy Policy, and conditions to which you are bound. If you do not agree with any changes to these Terms of Use, your sole remedy is not to use the Website. If you continue to use the Website after we change these Terms of Use, you accept all changes.

3. Intellectual Property; License

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to Scrub Daddy or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S., Canada, and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Scrub Daddy, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms of Use or expressly granted to you in writing by Scrub Daddy, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Web Site. The compilation of the Content on the Website is the exclusive property of Scrub Daddy.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Use, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Use or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in this Terms of Use or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and/or merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

4. Unsolicited Idea Submission Policy

Scrub Daddy and its officers, directors, employees, representatives, and contractors do not accept or consider any unsolicited ideas, suggestions, proposals, comments, or materials, including, but not limited to, those for or relating to new products, product improvements, product technologies, services, product names, processes, marketing strategies or plans, advertising campaigns, content, creative materials, promotions, slogans, or artwork (collectively, “Submissions”). Please do not send any Submissions in any form to Scrub Daddy or any of its officers, directors, employees, representatives, or contractors.  The purpose of this policy is to avoid potential misunderstandings or disputes when Scrub Daddy’s products, services, marketing, content, or other projects seem similar to any Submissions provided to Scrub Daddy.

If, despite our policy, you still provide unsolicited Submissions to Scrub Daddy, the following terms shall apply to your Submissions, regardless of what your communication states. You specifically agree that: (a) Scrub Daddy will consider the Submissions to be, and will treat the Submissions as, non-confidential and non-proprietary; (b) you grant Scrub Daddy a non-exclusive license to, in perpetuity and without any right of revocation to you, use, copy, redistribute, publish, translate, modify, and disclose the Submissions for any purpose and in any manner, without compensation to you or any other person or party; and (c) Scrub Daddy will have no obligation concerning the Submissions, including no obligation to review the Submissions, return any materials, or acknowledge receipt of the Submissions. In addition to the above, you waive all moral rights in your Submissions in favor of Scrub Daddy, and anyone acting with our authorization.

5. Commercial Licenses

You must obtain our prior written permission for any commercial use of the Content or the Website. If you wish to license Content from the Website, please contact us.

6. Copyright & Notification of Copyright Infringement

The copyright in all Content and other materials provided on the Website is owned by Scrub Daddy or its affiliate(s). Except as stated herein, none of the Content and other material contained on the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Scrub Daddy. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Scrub Daddy may revoke any of the foregoing rights at any time. You may not, without Scrub Daddy’s prior written consent, “mirror” any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

If you believe that Content on the Website violates your copyright, please provide Scrub Daddy’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Scrub Daddy’s copyright agent for notice of claims of copyright infringement on or regarding the Web Site can be reached at:

Scrub Daddy, Inc., Attn: Consumer Services, 1700 Suckle Highway, Pennsauken, New Jersey, 08110, support@scrubdaddy.com.

Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

7. Trademark

The trademarks, service marks, and logos (“Trademarks”) used and displayed on the Website are registered or unregistered Trademarks of Scrub Daddy. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of Scrub Daddy or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of Scrub Daddy. Scrub Daddy prohibits the use of any Scrub Daddy logo and Trademark as a “hot” link to any website unless establishment of such link is approved in advance by Scrub Daddy in writing.

8. Order Placement; Products Sold For Personal Use Only

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) 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 Website. You further agree that any products or services you purchase from Scrub Daddy on or through the Website will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order from the Website. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.

9. Sales are Final

All sales are final.  Returns are not accepted.

10. Prices

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Scrub Daddy reserves the right to revise its prices at any time.   Any offer for any product or service made on this Website is void where prohibited.

11. Payment

By completing an order, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your order. You will be billed for your order at the time your order is placed.

You will be responsible for all applicable taxes related to your order. You will also be responsible for any applicable customs or duty charges. Applicable taxes will be charged at the time you are billed. Applicable tax will also be applied to the shipping and handling, and other charges. Taxes, and customs or duty charges, may depend on your delivery location.

We reserve the right, in our sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time.

If complete payment for your order is not received and verified by us, your order will not be processed. If you do not complete or improperly complete your order it may not be accepted or acknowledged.

All charges are in U.S. Dollars.  By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

12. Shipping and Delivery

Purchases will only be shipped to a valid mailing address in the United States or Canada (as determined by us in our sole and absolute discretion). However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your order. In the event we are not able to ship to the shipping address you provide, we will notify you, your order will be cancelled, and you will receive a refund in respect of your order if payment has been processed (unless you are able to provide an alternate eligible shipping address).

Please note, as we use a third party to deliver orders, it is possible that your order will arrive before or after any estimated delivery time. We will not be responsible for any delays in delivery which are beyond our control. We reserve the right not to offer expedited or other forms of shipping.

Please note that multiple orders may not always be shipped together. In addition, depending on the size of your order, you may receive several shipments to complete your order.

13. User Account

Certain areas of the Website may ask you to create an account or may otherwise ask you to provide information to participate in certain features or to access certain content (e.g., e-mail, newsletters, sweepstakes, Foam2Fuel Rewards, etc.). The Website’s practices governing your personal information are disclosed in its Privacy Policy. If you choose to provide information to the Website, you agree to provide only true, accurate, current and complete information. If Scrub Daddy has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Scrub Daddy has the right to suspend or terminate your account and refuse any and all current or future use of the site and hold you responsible for any claims or damages arising from such information. Any messages or other postings without a valid email address verification are subject to removal. Any information you post on this Website is subject to disclosure to any regulatory or criminal authority or third party.

If you create an account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer, cell phone, or other internet access device, as applicable, so that others may not access any password protected portion of the Website using your name, user name, or password in whole or in part. You accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.

14. Third Party Content

We may provide third-party content (including advertisements) or link to third-party websites on the Website. We do not necessarily endorse or evaluate third-party content and websites, and we do not assume responsibility for third parties’ actions or omissions and do not make any representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any third-party content. You should review third parties’ terms of use and privacy policies before you use their services. In certain instances, you may be able to interact with certain third party social media sites (“Social Media Sites”) through the Website, including, without limitation, Instagram, TikTok, Facebook, and Twitter.

YOU AGREE THAT SCRUB DADDY AND ITS PARTIES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY SITES, DEALINGS COMMUNICATIONS OR SOCIAL MEDIA SITES,  OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY.

Reference on the Website to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, trade identity, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Scrub Daddy or the Scrub Daddy Parties.

15. Mobile

The Website may offer features and services that are available to you via your mobile phone or other mobile device, including the ability to receive messages from the Web Site (collectively, the “Mobile Features”). Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees could be charged. You may not transfer or copy any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.

16. Limitations of Use

You must be 18 years of age or older to access our Website or use our services. Without limiting any other provision in these Terms of Use, by accessing our Website, you agree not to do any of the following, or assist others to do any of the following:

1. Access the Website using any interface other than ours;
2. Maintain any link to the Website that we ask you to remove, in our sole discretion;
3. Frame the Website or Content, make the Website or Content available via in-line links, otherwise display the Website or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Scrub Daddy or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
4. Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our services or Website;
5. Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
6. Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
7. Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
8. Transmit files that contain viruses, Trojan horses, spyware, adware, or other harmful, disruptive or destructive files;
9. Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);
10. Remove, modify, disable, block or otherwise impair any advertising in connection with the Website;
11. Interfere with others using the Website or otherwise disrupt the Website;
12. Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Website;
13. Transmit, collect, or access personally identifiable information about other persons without the consent of those persons and Scrub Daddy;
14. Engage in unauthorized spidering, “scraping,” data mining, or harvesting of Content or the Website, or use any other unauthorized automated means to gather data from or about the Website;
15. Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
16. Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Website or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content;
17. Access any portion of the Website that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials; or
18. Use the Website for any other unlawful purpose.

You are solely responsible for your interaction with other users of this Website, whether online or offline. We are not responsible or liable for the conduct of any user. Scrub Daddy reserves the right to terminate your access to the Website or any of its services if it determines that you do not comply with these Terms of Use; provide false, inaccurate, or incomplete information during our registration or sales process; engage in any conduct that would otherwise harm any of Scrub Daddy’s rights or interests in its Website, services, or other property; or for any or no reason whatsoever without prior notice to you. Scrub Daddy may take any other actions it deems necessary in this regard or seek any remedies permitted by law. Any violation of these Terms of Use or any Additional Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Website, or upon demand by Scrub Daddy, you must destroy all materials obtained from this Website and all related documentation.

17. Monitoring and Management of Content of Website

Scrub Daddy shall have the right, but not the obligation, to monitor the content of the Website to determine compliance with these Terms of Use and any other operating rules established by Scrub Daddy, as well as to determine compliance with applicable laws, including, but not limited to, copyright laws. Scrub Daddy shall have the right in its sole discretion to edit, refuse to post, block access to, or remove any material submitted to or posted on the Website that Scrub Daddy finds to be in violation of these Terms of Use or that Scrub Daddy believes may violate laws or the rights of others, including, without limitation, laws against copyright infringement and rights of privacy and publicity.  Without limiting the foregoing, we may take any of the following actions in our sole discretion at any time, and without giving you prior notice:

1. Change or discontinue the Website;
2. Change how we offer and operate the Website; and/or
3. Remove Content from the Website

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms of Use. If Scrub Daddy terminates your access, you must immediately stop using the Website.

18. Indemnification

To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless Scrub Daddy and its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives, and all of their successors and assigns (collectively, the “Company Parties”) from and against any claims, actions, demands, costs (including attorney’s fees and costs), damages, investigations, settlements, judgments, losses, liabilities, taxes, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Website and the Content (including, without limitation use of your account) or your breach of these Terms of Use. You will cooperate as fully and reasonably as reasonably required by the Company Parties. The Company Parties retain the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim without the Company Parties’ (as applicable) prior written approval.

19. Disclaimers and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE (IN WHATEVER FORM OR MEDIA); (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. SCRUB DADDY DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE, ANY OF THE WEBSITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THERE WILL NOT BE ANY FAILURES, INTERRUPTIONS, OR DELAYS IN THE DELIVERY OF ANY CONTENT CONTAINED IN THE WEBSITE. THE COMPANY PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE WEBSITE, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

YOUR ACCESS TO AND USE OF THE WEBSITE (INCLUDING ITS FUNCTIONS AND CONTENT) IS AT YOUR RISK. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE.

THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION OR FOR ANY CONDUCT BY USERS OF THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE WEBSITE (INCLUDING ITS FUNCTIONS AND CONTENT), YOUR USE OF THE WEBSITE (INCLUDING ITS FUNCTIONS AND CONTENT); THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY SCRUB DADDY REGARDING YOUR USE OF THE WEBSITE OR CONTENT; THESE TERMS OR YOUR USER CONTENT; OR ANY ERRORS OR OMISSIONS IN THE WEBSITE EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE COMPANY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE COMPANY PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED FIFTY U.S. DOLLARS ($50 US).

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE COMPANY PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE WEBSITE OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, OR ANY OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SCRUB DADDY WEB SITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT.

BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY. SECTION 1542 PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO 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.”

20. Governing Law, Venue and Jurisdiction

This section 20 applies to the fullest extent permitted by applicable law, and does not apply to individuals resident in the province of Quebec.

These Terms of Use and all claims between you and Scrub Daddy arising from or related to your use of the Website will be governed by and construed in accordance with the laws of the State of Pennsylvania, except Pennsylvania’s conflict of law rules.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to jurisdiction in the state and federal courts in Philadelphia, Pennsylvania. Notwithstanding any other provision of these Terms of Use,  Scrub Daddy may seek injunctive or other equitable relief from any court of competent jurisdiction.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Website or these Terms of Use within ninety (90) days after the occurrence of the facts giving rise to such claim or action otherwise, you will waive the claim or action.

21. Disputes and Arbitration

This section 21 applies to the fullest extent permitted by applicable law, and does not apply to individuals resident in the province of Quebec.

If you have any dispute with or claim against us or any of the Company Parties, or if we or the Company Parties have a dispute with or claim against you, in either case arising out of or relating to the Website or these Terms (a “Claim”), and you and we are not able to resolve such Claim through informal discussion as described below, you and Scrub Daddy (as applicable) each agree (i) to resolve such Claim exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the US Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Philadelphia, Pennsylvania; (iv) the arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements and policies referenced herein; (v) the arbitrator shall apply Pennsylvania law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive, consequential, indirect, or incidental damages against the you or any Company Parties and recovery shall be limited to monetary damages actually suffered; and (viii) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor any Company Parties shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.  This section shall survive termination of these Terms of Use.

CLASS ACTION WAIVER. You and the Company Parties each agree that if arbitration of a Claim is elected, the Claim will be resolved in arbitration (not in court) only on an individual basis and not as a class, collective or other representative action. To the fullest extent permitted under the FAA: (a) no arbitration will be joined or consolidated with any other unless all parties otherwise agree in writing; (b) there is no right or authority for any Claim to be arbitrated on a class-action, collective action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any Claim to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Company Parties and/or you individually.

Before you or Scrub Daddy commence an arbitration with respect to a Claim, you must first send to Scrub Daddy a written notice of your claim or Scrub Daddy must send a written notice of our claim to you (“Notice”). Your Notice must (1) be sent by certified mail; (2) be addressed to: Scrub Daddy, Inc., Attn: Consumer Services, 1700 Suckle Highway, Pennsauken, New Jersey, 08110, support@scrubdaddy.com, (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If Scrub Daddy and you (as applicable) do not then resolve the Claim within 30 days after our receipt of Notice is received, either you or Scrub Daddy (as applicable) may commence an arbitration to resolve the Claim.

22. Miscellaneous

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Website and the Content, including, without limitation, those governing your transmission or use of any software or data. You agree that these Terms of Use or any Additional Terms will not be construed against Scrub Daddy by virtue of having drafted these Terms of Use. If any provision of these Terms of Use or any Additional Terms or the Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use or any Additional Terms or Privacy Policy, which will remain in full force and effect. No waiver of any of these Terms of Use or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Scrub Daddy. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.

We may be required by state/provincial/territorial or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on the Website or (if applicable) delivering them to you via email. If you have previously provided an email address, you may be able to update your email address as described in our Privacy Policy. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision. These Terms of Use, including all additional terms, conditions, and policies on the Website, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements with respect to the subject matter hereof. Nothing in these Terms of Use affects any non-waivable statutory rights that apply to you.

You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Website, or as otherwise described in the Privacy Policy.

23. Contact Us

If you have any questions about these Terms of Use, or our products or services, you may contact us at:

Scrub Daddy, Inc., Attn: Consumer Services, 1700, Suckle Highway, Pennsauken, NJ, 08110

1-844-357-2782