LAST MODIFIED: April 1, 2016

Welcome to ShowerPill! These terms and conditions (“Terms”) govern and

apply to anyone accessing or using the websites located

at www.showerpill.com, our mobile application(s), our blog(s), and any

other website(s) owned and/or operated by ShowerPill (including any of its

subsidiaries or corporate affiliates, collectively, “ShowerPill,” “we,” “us” or

“our”) and any of their associated web pages (collectively, our “Services”).

Please take some time to review these Terms for our Services. By accessing

or using the Services, including purchasing any products through the

Services, you represent, warrant, understand and agree: (1) to accept,

comply with, and be bound by these Terms; (2) that you have the right,

authority, and capacity to abide by these Terms; (3) to comply with all

applicable laws, rules and regulations concerning your access to and use of

the Services; and (4) you are of legal age to form a binding contract and are

not a person barred from receiving services under the laws of the United

States or another applicable jurisdiction.

Certain services may be subject to additional terms, guidelines or rules,

which will be available in conjunction with those relevant services, and

those additional terms will become part of these Terms when you use those

services.

ShowerPill reserves the right to update, change, modify or otherwise alter

these Terms at any time. If any material changes are made to these

Terms, ShowerPill will notify you by posting the revised Terms on the

Services or notifying you through the Services. ANY ACCESS OR USE OF

THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT

SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO

THESE TERMS. If you do not want to be bound by these Terms, do not use

or access any part of the Services.

ShowerPill may terminate the Services or any portion thereof, any website

or webpage within the Services or any products or services offered through

the Services, or terminate your right to access or use the Services or any

portion thereof without notice and at any time for any reason. In the event of

such termination, you are no longer authorized to access the Services, and

the restrictions imposed on you with respect to the Content (as defined

herein), and the disclaimers, indemnities, and limitations of liabilities set

forth in these Terms, shall each survive such termination.

Access To and Use of the Services

Unless authorized in writing by ShowerPill, you may use the Services solely

for your personal and non-commercial use. You agree to only access or use

the Services solely for legal purposes as allowed by these Terms.

(International users should note that they must agree to comply with all

applicable local laws regarding privacy, online conduct and acceptable use

and content.) Amongst other things, you agree not to:

For any portion of the Services that requires a user name and/or password,

you are responsible for all use of your account (under any user name or

password) and for ensuring that all use of your account complies fully with

the provisions of these Terms. You shall be responsible for protecting the

confidentiality of your user name(s) or password(s), if any.

You can link your account to various webmail, social networking, and other

online accounts. You may only link your own accounts. We will access and

retrieve your account information from these sites on your behalf (in some

cases, by using your username and password) to make certain information or

services available to you through the Services. By linking your other

accounts, you expressly authorize us to access your account information

from those third party accounts, on your behalf as your agent and permit us

to access, use and, in some cases, store your account information to

accomplish the foregoing.

Intellectual Property

The website and all Content (as defined below), features and functionality

(including but not limited to all information, software, text, displays, images,

video and audio, and the design, selection and arrangement thereof) that

appears as part of or on the Services are the property of ShowerPill and/or a

third party (which may be indicated by a link to or from an external source,

or otherwise). Content is provided through the Services “AS IS”, and you

agree that the use of and reliance on any Content is at your own risk, and

that under no circumstances shall ShowerPill be liable for any Content or for

any loss or damage of any kind incurred as a result of your use of any

Content made available via the Services.

The Services as a whole and all Content thereon is protected by copyright,

trade dress, and trademark laws of the United States, as well as international

treaties, conventions and the laws of other countries, as applicable. Except as

may be expressly permitted by ShowerPill, you may not use, reproduce,

copy, modify, publish, transmit, distribute, perform, display, download,

license, enter into a database, create derivate works from, reverse engineer,

frame, transfer, or sell any Content obtained from, through or on this

Services, in whole or in part. Any use of the Content, except as specifically

provided in these Terms, is strictly prohibited.

Content

All information, text, graphics, images, photographs, logos, illustrations,

descriptions, data, designs, icons, video clips, audio clips, sounds, files,

trademarks, copyrighted material, trade dress, interfaces, software,

specifications, catalogs, literature, advertisements, titles, names, User

Generated Content (as defined below) and any other materials provided on

the Services are owned by ShowerPill and/or third parties, and are

collectively referred to as “Content.” The Content may contain omissions,

errors, or may be out of date. ShowerPill reserves the right, in its sole

discretion, to change, delete, update, modify or otherwise alter the Content at

any time without providing notice to you. The Content is provided for

informational purposes only and is not binding on ShowerPill in any way

except to the extent that it is specifically indicated to be so.

We do not control, approve, sponsor or endorse any third-party Content,

products or services and make no representations regarding, and are not

liable or responsible for the accuracy, completeness, timeliness, reliability or

availability of any third-party Content, products or services. Any third-party

Content, products or services posted on, transmitted through, or linked to

from the Services are the sole responsibility of the third-party originator of

such Content. Links to any third-party Content are provided for your

convenience only. If you choose to access any third-party Content, you do so

at your own risk. YOU ACKNOWLEDGE AND AGREE THAT

SHOWERPILL IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS

OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF

ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH

ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY

THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.

Any concerns regarding Content and/or availability of hyperlinks of a third

party on the Services, which are not controlled by ShowerPill, should be

directed to the third party that controls such Content or hyperlink. If you

believe we have provided a hyperlink to a third-party website that contains

infringing or illegal Content, products or services, we ask that you notify us

at the address noted below so that we may evaluate whether, in our sole

discretion, to disable it from the Services.

Content You Provide (User-Generated Content)

ShowerPill welcomes comments, feedback, reviews, notes, suggestions,

thoughts, ideas, proposals, pictures, photographs, information, text, graphics,

images, logos, illustrations, descriptions, data, designs, icons, video clips,

audio clips, sounds, files, specifications, catalogs, literature, advertisements,

titles, names and any other materials, but which shall expressly exclude any

personally identifiable information (which use shall be governed by

our Privacy Policy (collectively, the “User-Generated Content”) from you on

the Services, including but not limited to on its blog, product detail

webpages and elsewhere. You agree that any User Generated Content that

you post, upload, input, submit, send, contribute or otherwise transmit

(collectively, “Submit” or “Submission”, as appropriate) to the Services

(whether directly or through a third party) shall be true, accurate and

complete and you shall not impersonate or falsely represent your affiliation

with any person or entity. You are entirely responsible for all User

Generated Content that you Submit or otherwise make available via the

Services.

By Submitting User Generated Content to the Services, you grant, and you

represent and warrant that you have the right to grant, to ShowerPill, its

affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive,

fully paid, worldwide license to use, copy, perform, display, reproduce,

publish, distribute, sublicense, and otherwise disclose, prepare derivative

works of, or incorporate into other works, the User Generated Content, for

any purpose without restriction and without providing any attribution or

compensation to you. Such User Generated Content will not be treated as

confidential information. In addition, by posting or allowing ShowerPill or a

third party to post User Generated Content to any public area of the

Services, you grant ShowerPill all rights necessary to prohibit any

subsequent aggregation, display, copying, duplication, reproduction, or

exploitation of the User Generated Content by any party for any purpose.

You agree that you shall not use the Services to Submit any User Generated

Content that (i) is not related to appropriate subject matters, (ii) is

misleading to others, (iii) is unlawful, harmful, threatening, abusive,

harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic,

indecent, invasive of another’s privacy, hateful, offensive, or racially,

ethnically or otherwise objectionable, (iv) you do not have a right to Submit

under any contractual relationships, (v) is infringing of any patent,

trademark, trade secret, copyright or other proprietary rights of any third

party, (vi) contains software viruses or any other computer code, files or

programs designed to interrupt, destroy or limit the functionality of the

Services, including but not limited to a virus, trojan horse, worm, or time

bomb, or (vii) intentionally or unintentionally violates any applicable local,

state, national or international law, or any rules or regulations having the

force of law.

In the event that you do not wish for ShowerPill to use your User Generated

Content, please do not Submit such User Generated Content to the Services.

Please note that any User Generated Content does not represent the advice,

views, opinions or beliefs of ShowerPill, and ShowerPill makes no claim of

accuracy of any such User Generated Content. You understand and agree

that you are solely responsible for any User Generated Content that you

Submit and you may be held legally liable for such User Generated

Content. ShowerPill reserves the right to remove any User Generated

Content from the Services at any time and for any reason.

Limited License; Personal, Business, and Non-Commercial Use Limitation

of the Content and Services

You are hereby granted a non-exclusive, limited and revocable license to

view the Content on the Services, but only while accessing the Services.

You agree that you are only authorized to visit, view and retain a copy of

any websites or webpages of the Services for informational, non-commercial

and your own personal use. Additionally, you understand and agree that you

are strictly prohibited from duplicating, downloading, publishing,

republishing, adapting, modifying, displaying, transmitting, or otherwise

distributing the Content and/or the Services for any commercial use

(whether for profit or not), or for any other purpose other than as may be

expressly permitted in these Terms.

You also agree not to deep-link to the Services or any website or webpage

thereof for any purpose, unless specifically authorized by ShowerPill. Use of

any of ShowerPill’s trademarks as metatags on other networks is also strictly

prohibited.

ShowerPill may make available software or applications that you can

download (to your computer or mobile device) to access and use the

Services. As long as you comply with these Terms, you have the right to use

the software to access and use the Services for your own personal use. This

license is for the sole purpose of enabling you to use and enjoy the Services

in the manner permitted by these Terms. You may not copy, modify,

distribute, sell, or lease any part of the Services or included software, nor

may you reverse engineer or attempt to extract the source code of that

software, unless laws prohibit those restrictions or you have ShowerPill’s

written permission.

When you download our software from the Apple App Store, Google Play or

other app store or distribution platform (from an “App Provider”) on your

mobile or other device, you acknowledge and agree that:

Unauthorized Use of the Website

You shall not use any automatic or manual conduct, device, process,

software, program, algorithm, methodology or routine, including but not

limited to a “robot,” “spider” or other similar process or functionality to

interfere (or attempt to interfere) with, damage, disable or impose an

unreasonable burden or load on, the operation of the Services, or transmit

any worms or viruses or any code of a destructive nature on or to the

Services.

You agree that you shall not use the Services for any illegal, obscene,

abusive, offensive, harassing, improper or objectionable purpose, to sell or

offer to sell any goods or services, to conduct or forward surveys, contests,

or chain letters, or for any purpose that is prohibited by these Terms. Illegal

and/or unauthorized uses of the Services, including, but not limited to,

unauthorized framing of or linking to the Services or unauthorized use of

any robot, spider, or other automated device on the Services, will be

investigated and will be subject to appropriate legal action, including,

without limitation, civil, criminal, and injunctive redress.

Linking to the Services

If ShowerPill authorizes you to deep-link your website or a service offered

by your website to the Services, in addition to and notwithstanding anything

to the contrary, you understand and agree that: (1) ShowerPill has no

obligation to continue to provide or make the service or the Services

available; (2) all conditions, disclaimers and limitations on use set forth in

these Terms remain in full force and effect; (3) all intellectual property

rights relating to ShowerPill and its technology and Content, including all

ownership rights, remain the exclusive property of ShowerPill; (4) you will

be solely responsible for the data and content that you publish on your

website; and (5) ShowerPill may terminate your access to the Services at any

time in its sole discretion.

ShowerPill reserves the right, but not the obligation, to remove any linked

source if it contains or features any unacceptable content, as determined

in ShowerPill’s sole discretion, and including, but not limited to, (i)

offensive, harmful and/or abusive language, including, without limitation,

expletives, profanities, obscenities, harassment, vulgarities, sexually explicit

language, and hate speech, (ii) references to illegal activity, malpractice,

purposeful overcharging, or false advertising, (iii) personal attacks or

describes physical confrontations and/or sexual harassment, (iv) language

that violates the standards of good taste or the standards of this Services, (v)

content that is illegal, or a violation of any federal, state, or local law or

regulation, or the rights of any other person or entity, (vi) language that is

intended to impersonate other users or is offensive or uses inappropriate user

names, or (vii) content that is encrypted or that contains viruses, Trojan

horses, worms, time bombs, bots or other computer programming routines

that are intended to damage, interfere with, intercept or appropriate any

system, data or the Services.

Terms of Sale; Risk of Loss

A. By placing an order with ShowerPill, you are (i) offering to purchase a

product, (ii) representing that you are of legal age to form a binding

contract, and (iii) representing that all information you provide to us

in connection with such order is true and accurate and you are an

authorized user of the payment method provided. The receipt by you

of an order confirmation does not constitute ShowerPill Atelier’s

acceptance of an order. We retain the right to refuse any request

made by you.

Prior to ShowerPill’s acceptance of an order, verification of information may

be required. ShowerPill reserves the right at any time after receipt of

your order to accept or decline your order, or any portion thereof,

even after your receipt of an order confirmation from ShowerPill, for

any reason whatsoever. ShowerPill reserves the right to limit the

number of items ordered and to refuse service to you without prior

notification. In the event that an item lists an incorrect price, either

due to typographical or other error, ShowerPill shall have the right to

refuse or cancel any such order placed for the incorrect price,

regardless of whether the order is being or has been processed. If

payment has already been made or if your account has has already

been charged for the purchase and the order is cancelled, ShowerPill

shall credit your account in the amount of the incorrect price.

All features, specifications, products, prices of products and services,

discounts, promotions and offers described on our Services are

subject to change at any time, and we reserve the right to make

changes to them without notice to you. We reserve the right, without

prior notice, to limit the order quantity on any product and/or refuse

service to any customer. We have made every effort to display as

accurately as possible the colors of our products that appear on the

Web site; however, the actual color you will see will depend on many

factors, including your computer, and we cannot guarantee that your

computer will accurately display our colors. Products are available

while supplies last. All prices and products advertised are subject to

change. All prices displayed on the Services are quoted in U.S.

dollars.

Please see our Customer Care webpage and all related webpages for other

terms of sale, including information on shipping, delivery and

tracking, the ordering and payment process, returns, refunds and

exchanges, pricing, gift cards, product availability, no resale policy,

and other helpful information. ShowerPill reserves the right to restrict

delivery to addresses within or outside of the United States. Shipping

and handling fees and applicable sales/use tax will be added

by ShowerPill as necessary (please see our Shipping &

Delivery webpage and all related webpages for further information).

The risk of loss and title for product(s) purchased by you pass to you upon

our delivery of the product(s) to the carrier.

B. Subscription Process

As a member, you may order a FREE TRIAL or select and purchase a

ShowerPill Club Membership offered by ShowerPill, subject to the

terms below.

TRIALS

A Trial contains 2 samples of The Athletic Body Wipe and allows you

to try them before purchasing a full box of The Athletic Body Wipe (10 Wipes) at $9.99/Mo with FREE SHIPPING.  Our Athletic Body

Wipe Trials are free, but there is a shipping and handling fee of

$1.00.

When you receive your Trial, you begin a ten-day trial membership

with ShowerPill. The date of receipt will be the date your Trial

products are delivered, as determined by the tracking system of the

shipping service used by ShowerPill. IF YOU ENJOY THE

PRODUCTS IN YOUR TRIAL AND DO NOT CANCEL YOUR

MEMBERSHIP WITHIN 15 DAYS, WE WILL AUTOMATICALLY

SHIP YOU A BOX OF 10 Athletic Body Wipes.

WHICH CORRESPONDS TO YOUR TRIAL AND CHARGE

YOUR BANK OR CREDIT CARD ACCORDINGLY. Your

$9.99/Mo 10 Pack of The Athletic Body Wipe shipments will continue automatically, each month,

as described below, until you cancel your membership.

IF, AFTER RECEIVING YOUR TRIAL, YOU DO NOT WISH TO

PURCHASE A 10 Pack of The Athletic Body Wipe, PLEASE CALL ShowerPill SUPPORT AT 1.800.339.0745 (MONDAY – FRIDAY 8AM – 5PM PACIFIC) or go into your account WITHIN 14 DAYS TO CANCEL YOUR MEMBERSHIP.

YOU MAY CANCEL AT ANYTIME DURING THE TRIAL

PERIOD WITHOUT OBLIGATION.

CLUB

If you order the ShowerPill Club (Service), you agree to pay the then-

current applicable Service Fee listed on the site. ShowerPill will

automatically bill your credit card submitted in ordering the Service

on the date the Service is activated, and each month thereafter, until

you cancel your Service. Cancellation of service may be processed

online at info@showerpill.com, or via telephone/email with our

customer service team. If you choose to cancel your service, you

must notify the company at least 5 days before your next billing

cycle. You hereby authorize Company to bill your credit card as

described above. Fees are exclusive of all taxes, levies, or duties

imposed by taxing authorities, and you are responsible for payment

of all such taxes, levies or duties. Any amounts not paid when due

shall bear interest at the rate of one and one half percent (1.5%) per

month, or the maximum legal rate if less. If any fee cannot be

charged to your credit card for any reason, Company may provide

you, via email, notice of such non-payment and a link for you to

update your payment information. If such non-payment is not

remedied within seven (7) days after receiving such notice of non-

payment, then Company may terminate the applicable Service.

Reporting

If you see objectionable content or have any questions about these Terms,

please contact ShowerPill at the address noted below.

Offline Conduct

Although ShowerPill cannot monitor the conduct of its users of this

Services, it is a violation of these Terms to use any information obtained

from our Services in order to harass, abuse or harm another person, or in

order to contact, advertise, solicit or sell to any user without his/her prior

explicit consent.

Violation of These Terms

You agree that monetary damages may not provide a sufficient remedy

to ShowerPill for violations of these Terms, and you consent to injunctive or

other equitable relief for such violations.

DISCLAIMER AND LIMITATION OF LIABILITY

A. Disclaimer. SHOWERPILL ASSUMES NO LIABILITY OR

RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR

INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION,

SERVICES AND MATERIALS SET FORTH ON OR MADE

AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY OR

PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,

PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS,

(C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE

SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION

STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF

TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY

WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE

LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE

SERVICES OR ANY THIRD PARTY WEBSITE(S) BY SHOWERPILL

OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS

IN THE SERVICES OR ANY CONTENT, INFORMATION AND

MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY

WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND

INCURRED AS A RESULT OF THE USE OF ANY OF THE

FOREGOING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF

AND RELIANCE UPON ANY AND ALL OF THE SERVICES,

PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK

AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE”

BASIS. ALL PRODUCTS SOLD BY SHOWERPILL ARE SUBJECT TO

ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF

THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY,

SHOWERPILL MAKES NO REPRESENTATION OR WARRANTY

WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY

EXPRESSLY BE STATED HEREIN. SHOWERPILL MAKES NO

WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY

OR COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT,

THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR

FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER

ITEMS OR MATERIALS ON THIS SERVICES OR LINKED TO FROM

THIS SERVICES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE

LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE

EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU

RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE

ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

B. Limitation of Liability. IN NO EVENT SHALL SHOWERPILL

BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,

CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE

DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR

LOSS OF USE, DATA OR PROFITS, ARISING FROM OR

CONNECTED IN ANY WAY WITH THE SERVICES,

CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS,

PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR

FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR

OBTAINED THROUGH THIS SERVICES OR ANY THIRD-PARTY

WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE

SERVICES , WHETHER BASED ON CONTRACT, TORT,

NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF

SHOWERPILL HAS BEEN ADVISED OF THE POSSIBILITY OF

DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY

CONTAINED IN THESE TERMS, SHOWERPILL’S LIABILITY TO YOU

IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND

ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR

YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS

OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH

OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT

EXCEED $50 IN THE AGGREGATE.

C. ANY PRODUCTS, SERVICES, COMMENTS AND

CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE

OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS

DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE

SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER

SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

D. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE

SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND

EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Indemnity

You agree to indemnify, defend and hold harmless ShowerPill, its third-

party vendors, manufacturers, agents, distributors, corporate affiliates,

officers, directors, and employees from and against any and all claims,

actions, demands, liabilities, costs and expenses, including, without

limitation, reasonable attorney’s fees, (a) made by any third party due to or

arising out of any Content Submitted, posted, or otherwise provided by you

to the Services, ShowerPill and/or its third party licensors, licensees or

advertisers, and/or (b) resulting from your breach of any provision of these

Terms, any warranty you provide herein, or otherwise arising in any way out

of your use of the Services or purchase of the products or services

therefrom. ShowerPill reserves the right to take exclusive control and

defense of any such claim otherwise subject to indemnification by you, in

which event you will cooperate fully with ShowerPill in asserting any

available defenses.

Modification/Termination of Services

In the event of termination of the Services, you will still be bound by your

obligations under these Terms and any additional terms, including the

warranties made by you, and by the disclaimers and limitations of liability

set forth herein. ShowerPill shall not be liable to you or any third-party for

any termination of your access to the Services or any portion thereof.

General Legal Provisions

These Terms, your rights and obligations, our rights and obligations, and all

actions contemplated by these Terms will be governed by the laws of the

State of California, U.S.A., without regard to conflicts of laws principles, as

if this Agreement were a contract wholly entered into and wholly performed

within the State of California. You hereby consent to the exclusive

jurisdiction and venue of courts in the County of Alameda, California,

U.S.A., for all disputes arising out of or relating to accessing or using this

Services. Access to or use of this Services is unauthorized in any jurisdiction

that does not give effect to all provisions of these Terms, including, without

limitation, this paragraph. In the event of any legal action to enforce or

interpret the terms of this Agreement, the prevailing party in such action

shall be entitled to recover its reasonable attorneys’ fees and costs. No joint

venture, partnership, employment or agency relationship exists between you

and ShowerPill as a result of these Terms or use of the

If any provision in these Terms is invalid or unenforceable under applicable

law, including, but not limited to, the warranty disclaimers and liability

limitations set forth above, the remaining provisions will continue in full

force and effect, and the invalid unenforceable provision will be deemed

superseded by a valid, enforceable provision that most closely matches the

intent of the original provision. ShowerPill’s performance of these Terms is

subject to existing laws and legal process, and nothing contained in this

these Terms is in derogation of ShowerPill’s right to comply with law

enforcement requests or requirements.

All rights not expressly granted herein are hereby reserved. These Terms are

the entire and final agreement regarding your access to the Services. A

printed version of these Terms and of any notice given in electronic form

shall be admissible in judicial or administrative proceedings based upon or

relating to these Terms to the same extent and subject to the same conditions

as other business documents and records originally generated and

maintained in printed form.

Copyright

© ShowerPill , 2012-2016, all rights reserved.

All materials on the Services (as well as the organization and layout of the

Services) are owned and copyrighted or licensed by ShowerPill, its corporate

affiliates or its third-party vendors. No reproduction, distribution, or

transmission of the copyrighted materials on the Services is permitted

without the written permission of ShowerPill. Any rights not expressly

granted herein are reserved by ShowerPill.

Copyright Policy

ShowerPill’s policy is to remove, or disable access to, material that infringes

any copyright on the Services after being properly notified by the copyright

owner or the copyright owner’s legal agent. If you believe that any Content

on the Services violates your copyright, please provide our copyright agent

with the following information:

Pursuant to Title 17, United States Code, Section 512 (the “Digital

Millennium Copyright Act”), notifications of claimed copyright

infringement should be sent to ShowerPill’s Agent set forth below. All

inquiries must be filed in accordance with the Digital Millennium Copyright

Act.

Legal Department

ShowerPill Attn: Counsel

1950 Addison Street, Suite 101, Berkeley, CA 94704

Email: info@showerpill.com

Trademarks

SHOWERPILL, and all related names, logos, product and service names,

designs and slogans are trademarks of ShowerPill or its affiliates or

licensors. Such marks cannot be used without the prior written permission

of ShowerPill. All other names, brands and marks are used for identification

purposes only and are the trademarks of their respective owners.

For more information on the trademarks of ShowerPill, please contact us at

the address noted above.