Terms of Use

Effective as of August 22, 2024

Quick Guide to Contents:

Agreement, Acknowledgment, and Acceptance of Terms
Ownership of Service
Shipping and Returns
Disclaimer and Limitations of Liability
Indemnification
Links to Other Materials
Governing Law
Arbitration
Class Action Waiver
Copyright Policy
SMS/MMS Mobile Messaging Marketing Program
Referral Program
Miscellaneous
Contact Us

1. Agreement, Acknowledgment, and Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of any website, mobile site, social media page, software, email exchanges, and other digital platforms, including any services, features, and functions (collectively, the "Service") provided by Nommadd Soap ("Nommadd").

PLEASE NOTE: The dispute resolution provisions below require mediation and arbitration for certain disputes and limit how you can seek relief.

These Terms are written in English. We do not guarantee the accuracy of any translated versions. If there is a conflict between the English version and any translation, the English version prevails. You can view the English version by returning to the homepage, selecting the English link, and clicking the link to the Terms of Use at the bottom of the page.

By using the Service or making any transaction, you acknowledge that you have read and understood these Terms and agree to be bound by them. You also consent to our Privacy Policy, which is incorporated herein by reference. Note that internet transmissions are not always secure. Users must protect their account credentials and inform us immediately if they suspect any compromise.

You must be at least 18 years old to use the Service. The Service is not intended for minors. If you are under 18, you are not authorized to use the Service.

We may update these Terms at any time. Changes are effective immediately upon posting. By continuing to use the Service, you agree to the updated Terms. It is your responsibility to review these Terms periodically. The most recent update date is listed at the top of these Terms. If you do not agree with these Terms or any updates, you should not use the Service.

2. Ownership of Service

The Service and all its content, including but not limited to copyrights, patents, trademarks, service marks, trade names, logos, text, design, graphics, icons, images, audio clips, downloads, interfaces, code, and software (collectively, the "Content"), are proprietary and owned or controlled by Nommadd Soap, our licensors, or other third parties. All rights, title, and interest in and to the Content are exclusive to Nommadd Soap and are protected by U.S. and international intellectual property laws.

Nommadd Soap grants you a limited, revocable, non-transferable license to temporarily download one copy of the Service for personal, non-commercial viewing only. This license does not transfer any rights or ownership to you. You are prohibited from modifying, copying, using the Content for commercial purposes, publicly displaying the Content, decompiling, reverse engineering, removing any proprietary notices, or infringing on Nommadd Soap’s intellectual property rights. This license will automatically terminate if you violate these restrictions and may be terminated by Nommadd Soap at any time. Upon termination, you must destroy any downloaded materials, whether in electronic or printed form.

Nommadd Soap owns several trademarks, including but not limited to "Nommadd Soap" and related logos. All rights are reserved. Some features of the Service may allow you to submit content such as comments, reviews, or responses ("User Content"). By submitting User Content, you grant Nommadd Soap a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, modify, and create derivative works from your User Content, without compensation or notice to you. User Content may be shared at your own risk, and Nommadd Soap is not responsible for the actions of other users.

In using the Service, you agree not to:

Violate any laws or regulations.
Infringe on Nommadd Soap's or any third party’s intellectual property rights.
Interfere with or damage the Service through harmful methods or technology.
“Scrape,” “crawl,” or “spider” any part of the Service.
Display, mirror, or frame the Service or any part of it without written consent from Nommadd Soap.
Access non-public areas of the Service or tamper with Nommadd Soap’s systems.
Probe, scan, or test the vulnerability of Nommadd Soap’s systems or breach security measures.
Circumvent any technological measures protecting the Service or Content.
Attempt to decipher, decompile, or reverse engineer any software used to provide the Service.
Encourage or assist others in any of the above prohibited actions.

Any conduct that restricts or inhibits other users from enjoying the Service is prohibited.

Nommadd Soap reserves the right to modify, suspend, or terminate the Service or any part of it at any time, with or without notice. This includes changes to the Service, policies, or terms, and performing maintenance or error correction.

3. Shipping and Returns

By using our Service, you agree to our Shipping and Return Policies, which are incorporated by reference and available through the provided links.

4. Disclaimer and Limitations of Liability

THE SERVICE, INCLUDING ALL INFORMATION, GOODS, AND MATERIALS PROVIDED, IS OFFERED "AS IS" WITHOUT ANY WARRANTIES OR REPRESENTATIONS. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE OR THAT IT WILL MEET YOUR EXPECTATIONS. IT IS YOUR RESPONSIBILITY TO OBTAIN AND PAY FOR ANY NECESSARY SOFTWARE, HARDWARE, AND SERVICES TO ACCESS AND USE THE SERVICE.

WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING LOSS OF PROFITS, DATA, OR OTHER INTANGIBLES. OUR MAXIMUM LIABILITY FOR ANY CLAIMS IS LIMITED TO THE AMOUNT PAID BY YOU TO US IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

IF APPLICABLE LAW DOES NOT ALLOW FOR THE LIMITATION OF CERTAIN IMPLIED WARRANTIES OR DAMAGES, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF THE LAW PROHIBITS LIMITATION OF LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR FRAUD, SUCH LIABILITY WILL NOT BE LIMITED.

YOU MAY BE WAIVING RIGHTS TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED AT THE TIME OF AGREEMENT. YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW THAT MIGHT LIMIT THIS WAIVER, INCLUDING CALIFORNIA CIVIL CODE SECTION 1542.

THE LIMITATIONS AND EXCLUSIONS OF LIABILITY APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH THE CLAIM IS BROUGHT, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY.

5. Indemnification

You agree to indemnify and hold harmless Nommadd Soap and its officers, directors, employees, and agents from any claims, losses, damages, costs, or expenses, including reasonable attorneys' fees, arising from (a) your use of the Service or any products purchased through it, or (b) any violation of these Terms. If you fail to promptly address a claim, Nommadd Soap reserves the right to defend itself and will seek reimbursement from you for all related costs.

6. Links to Other Materials

The Service may include links to third-party websites ("Linked Sites"). Nommadd Soap does not control or endorse these Linked Sites and is not responsible for their content or security. Accessing Linked Sites is at your own risk. Nommadd Soap is not liable for any damages resulting from your use of or reliance on these third-party sites. The inclusion of a link does not imply endorsement, sponsorship, or affiliation with the linked site or its products and services.

7. Governing Law

By using our Services, you agree that the laws of the United States and the state of Alabama, without regard to its conflict of law principles, will govern any matters related to your use of the Services. Any disputes or legal proceedings arising from these Terms will be handled exclusively in the state or federal courts located in Madison County, Alabama. You consent to the jurisdiction and venue of these courts and agree to accept service of process by email for any legal proceedings.

8. Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT REQUIRES YOU TO RESOLVE CERTAIN DISPUTES THROUGH MEDIATION AND ARBITRATION AND LIMITS YOUR ABILITY TO SEEK RELIEF FROM US.

Mediation: In the event of a dispute related to these Terms or the Services, the parties agree to first attempt to resolve the issue through non-binding mediation held in Madison County, Alabama. Mediation costs will be shared equally, and each party will cover its own attorney’s fees.

Arbitration: If mediation does not resolve the dispute, it will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes ("AAA Rules"), as modified by these Terms. The arbitration will be conducted in Madison County, Alabama, and the language will be English. The arbitration proceedings and decisions will be confidential.

No Class Actions: Disputes will be resolved individually and cannot be brought as a class action, representative action, or consolidated with other claims. The arbitrator cannot conduct a class arbitration or representative proceeding.

Arbitrator’s Authority: The arbitrator has exclusive authority to make all procedural and substantive decisions regarding the dispute, including whether it is arbitrable, and may grant any remedy available in court, except punitive damages or any remedy that is not compensatory. The arbitrator cannot consolidate claims or preside over class or representative actions.

Jurisdiction: If any court proceeding is permitted, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Madison County, Alabama, and waive your right to a jury trial.

Time Limit for Claims: Claims must be brought within one year of the cause of action arising or they will be barred. Computer records and electronic evidence are admissible in disputes.

Severability: If any provision of this arbitration section is found to be invalid or unenforceable, the entire section will cease to apply, and the parties will not be obligated to arbitrate the dispute.

9. Class Action Waiver

You and Nommadd Soap agree to bring claims against each other only on an individual basis, not as part of any class or representative action. The arbitrator cannot hear claims as a class or representative action, and any such claims must be resolved in a court with competent jurisdiction in Alabama if found unenforceable.

10. Copyright Policy

Nommadd Soap complies with the Digital Millennium Copyright Act (DMCA) for reporting and removing content that violates U.S. copyrights. Notices and counter-notices must be truthful and submitted under penalty of perjury. You may want to seek legal advice before submitting a notice or counter-notice. Nommadd Soap may share notices and counter-notices, and by submitting them, you agree to waive any expectation of privacy.

Submitting a DMCA Notice: Content owners or their agents can submit a DMCA notice to our Copyright Agent if they believe their content is being infringed. Notices must include:

A physical or electronic signature of an authorized person.
Identification of the copyrighted work claimed to be infringed.
Identification of the material to be removed or disabled, including sufficient information to locate it.
Contact information for the complaining party.
A statement that the complaining party believes in good faith that the use is not authorized.
A statement that the notice is accurate and that the party is authorized to act on behalf of the copyright owner.

Send DMCA notices to: Nommadd Soap Legal Department
Madison, AL
info@nommadd.com

Submitting a Counter-Notice: If you receive a DMCA notice and believe the material was removed or disabled in error, you may submit a counter-notice including:

Your physical or electronic signature.
Identification of the material removed and its location before removal.
A statement under penalty of perjury that you believe the material was removed by mistake.
Your contact information and consent to jurisdiction in Alabama.

Send counter-notices to: Nommadd Soap Legal Department
Madison, AL
info@nommadd.com

11. SMS/MMS Mobile Messaging Marketing Program

Nommadd Soap offers an optional SMS/MMS mobile messaging program (the “Program”). By opting in, you agree to receive marketing text messages from us. Participation is not required for purchase. Enrollment can be done online or via app. Messages may include marketing, cart abandon notifications, and purchase options using saved or provided account information. You need a compatible wireless device, participating carrier, and text messaging service to receive messages. Check your phone's capabilities for details.

By participating, you consent to receiving automated or prerecorded marketing messages at the number you provided. Consent is not a condition for any purchase. Message and data rates may apply, and you should check your carrier's pricing plan. Nommadd Soap is not responsible for any messaging or wireless charges incurred.

Opt-Out: To stop receiving messages, reply with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. You may receive a confirmation message. For other methods, including verbal or data requests, we may use reasonable efforts to process your opt-out.

Program messages will include information about our products, services, and events. We may send messages periodically based on your interaction. For support, text “HELP” to the number you received messages from or email support@nommadd.com. The Program is provided "as-is" and may not be available in all areas or if your carrier makes changes. Nommadd Soap is not liable for delays or failures in message delivery.

MMS Disclosure: If your device doesn't support MMS messaging, you may receive SMS messages instead.

12. Nommadd Rewards Program

Nommadd Rewards is our way of thanking you for your loyalty! As a Rewards Member, you agree to our Terms of Use and Privacy Policy, along with these additional terms:

General: Rewards Points are promotional, non-transferable, non-refundable, and have no cash value. No additional compensation is provided.

Eligibility: You must be a U.S. resident, 18 or older. Businesses and automated programs cannot participate.

Account: You need a Nommadd Soap account to earn and redeem Points. Your account is personal and cannot be shared. You may only have one account.

Promotional Messages: By participating, you consent to receiving transactional and promotional messages. Update your contact info or preferences through your account. Opting out of marketing emails does not affect account-related communications.

Earning Points: Earn 1 Point per $1 spent on eligible purchases. Points are rounded down. Subscriptions earn 15 Points for each new subscription. Referrals earn Points after a referred purchase of $25+.

Rewards: Redeem Points as follows:

50 Points = $5 off $15+ orders
100 Points = $10 off $30+ orders
150 Points = $15 off $45+ orders
200 Points = $20 off $60+ orders

Points expire after 6 months of inactivity. Refunds do not include Points. Nommadd Soap may cancel or modify Rewards at any time.

13. Refer-A-Friend Program

Nommadd Soap's Refer-A-Friend Program rewards you for referring friends and family. By participating, you agree to our Terms of Use and Privacy Policy, plus these conditions:

Referral Process: Share your unique referral link provided upon login. You can use it on social media, websites, or via email. No payment or purchase is needed to join.

Prohibited Use: Do not post links on public forums, manipulate links, use spam, or make false claims about Nommadd Soap.

Disclosure: If you post links publicly, disclose that you may earn a reward for referrals as per FTC guidelines.

Qualified Referrals: A purchase by a referred customer through your link counts as a Qualified Referral. You receive 100 Points for each successful referral. Points cannot be redeemed for cash and are non-transferable.

Eligibility: Both Referrers and Referred Customers must be U.S. residents, 18 or older. Businesses are not eligible.

No Spam: Comply with spam laws. Bulk emails are discouraged. Violation may result in account termination.

Right to Cancel Program: We may terminate or modify the program at any time. Unused referral rewards will be forfeited.

14. Miscellaneous Terms

These Terms, along with other Nommadd Soap policies, constitute the entire agreement between you and Nommadd Soap. If any provision is found invalid, the remaining provisions remain enforceable. No joint venture or agency relationship is created by these Terms.

Export Compliance: Do not export or use Content in violation of laws, including U.S. export laws.

Severability: Invalidity of any provision does not affect the validity of remaining provisions.

California Notice: California users have specific consumer rights under California Civil Code Section 1789.3.

15. Contact Us

For questions about these Terms, contact us at:

Nommadd Soap
Madison, AL
info@nommadd.com

While we strive to respond promptly, we do not guarantee timely receipt of communications. Email communications may not be secure or confidential.