CONDITIONS OF USE
Thank you for visiting www.scentfrom.us (this “Web site”). Scent Inc. and its affiliates (“Scent” or “we”) provide products and services to you when you visit or shop at the Web site or use Scent products or services. We provide these products and services subject to the following conditions.
By visiting this Web site, you agree to these conditions. Please read them carefully.
This policy is effective as of 4/1/2016.
When you visit our Web site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this site. 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.
All content included in or made available through our Web site, such as text, photographic images, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Scent or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through our Web site is the exclusive property of Scent and is protected by U.S. and international copyright laws.
All graphics, logos, page headers, button icons, scripts, and service names included in or made available through our Web site are trademarks or trade dress of Scent in the U.S. and other countries. Scent’s trademarks and trade dress may not be used in connection with any product or service that is not Scent’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Scent. All other trademarks not owned by Scent that appear on the Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Scent.
License and Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Scent or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Web site. This license does not include any resale or commercial use of any services or products, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Scent services or products; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Scent or its licensors, suppliers, publishers, rightsholders, or other content providers. No Scent product or service, nor any part of any product or service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Scent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Scent without express written consent. You may not use any meta tags or any other “hidden text” utilizing Scent’s name or trademarks without the express written consent of Scent. You may not misuse the Scent Web site or the Scent products or services. You may use the Web site only as permitted by law. The licenses granted by Scent terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use the Web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Scent does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Web site only with involvement of a parent or guardian. Scent reserves the right to refuse service, terminate accounts, remove or edit content, or cancel subscriptions in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, videos, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Scent reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Scent a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Scent and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Scent for all claims resulting from content you supply. Scent has the right but not the obligation to monitor and edit or remove any activity or content. Scent takes no responsibility and assumes no liability for any content posted by you or any third party.
Scent respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us an email at: firstname.lastname@example.org
Burning candles creates a fire hazard. As the purchaser of products through Scent, you assume 100% of the inherent risk associated with burning candles. Do not leave any candles unattended or within reach of children. Scented candles often contain chemicals, additives, and other natural or artificial ingredients that may be toxic when burned, especially to children. Do not burn scented candles in poorly ventilated rooms. Doing so may cause sickness or death, especially to children. Scent assumes zero responsibility for the dangers related to burning scented candles.
By purchasing a subscription with Scent, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation.
Your subscription will be automatically renewed for successive periods and your payment method will automatically be charged for each successive period at the then-current subscription rate until you cancel your subscription.
You agree that Scent may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide notice that you wish to terminate this authorization or to change your payment method.
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. At this time, shipping is only available to the contiguous United States. We hope to expand in the near future.
Risk of Loss
All items purchased from Scent will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
All gift subscriptions are for a 12-month period and can only be pre-paid in full in advance. The subscription will not auto-renew after the 12-month period expires. You cannot cancel a gift subscription and the pre-paid fee is non-refundable.
Returns and Refunds
Scent will only accept returns if a product is damaged when delivered to the customer. If you believe the product you received is damaged, please notify us, within ten (10) days of delivery, at email@example.com and we will organize a replacement product, including all shipping and handling. When returning products, it is your responsibility to take reasonable care to see that the products are not damaged in transit.
As Scent acts as a membership service that provides a combination of goods and services, we are unable to provide a refund or returns as the products are part of the service, so please ensure you carefully consider purchasing a membership before signing up. Please note that membership fees include the services provided by Scent, as well as the cost of products delivered each month. The cost of the service and products delivered cannot be separately invoiced or otherwise apportioned.
If you wish to cancel your subscription, you may do so by emailing firstname.lastname@example.org You must email us before the last day of the calendar month to cancel the next month’s shipment.
We may terminate any user’s subscription or access to our Web site or services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Web site or services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
PRODUCTS AND SERVICES SOLD ON OUR WEB SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE ARE PROVIDED BY SCENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SCENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SCENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCENT DOES NOT WARRANT THAT THE WEB SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE, SCENT’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SCENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCENT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEB SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of the Web site or to any products or services sold or distributed by Scent will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our attorney: The Law Offices of Robert F. Carroll, P.C., 708 Third Avenue, 6th Floor, New York, New York, 10017. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $50 unless the arbitrator determines the claims are frivolous. Likewise, Scent will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using the Web site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Scent.
Site Policies, Modifications, and Severability
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Scent reserves the right to modify or discontinue, temporarily or permanently, its services (or any part thereof) with or without notice. You agree that Scent will not be liable to you or to any third party for any modification, suspension or discontinuance of our services.