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TERMS & CONDITIONS
TERMS OF WEBSITE USE
Date of last update: September 14, 2020
Welcome to www.scentsofwood.com and our other online locations such as Facebook and Instagram (together, the "Site") offered by The Scents of Wood Company. ("We," "our" or "Scents of Wood"). The content and services available on the Site are subject to the following terms of use (“Terms”). By accessing or using the Site, you acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by these Terms, which include our Privacy Policy.
If you do not agree to these terms, please do not use the Site.
Should you have any questions, please contact us at contact@scentsofwood.com
The Site is owned and operated by The Scents of Wood Company (a Delaware corporation with its principal place of business at 41 W Main St Midway UT 84049 ("we", "us", or "our")).
FEIN: 84-2252205
Customer Service email: contact@scentsofwood.com
Website host:
SECTION BELOW TITLED 'ARBITRATION OF DISPUTES; WAIVER OF CLASS ACTIONS 'CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT MAY APPLY TO YOU. THEY AFFECT YOUR LEGAL RIGHTS - PLEASE READ THEM.
Eligibility to use the Site
If you are under 16 years old, you may browse the Site but you may NOT provide personal information to us or register on the Site. The Site is not directed to or intended for children under 16 years old.
Changes to the Site and Terms of Website Use
To the extent permitted by applicable law, we reserve the right to modify, change or delete any part of these Terms of Website Use at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms of Website Use is at the top of this page. Your continued use of the Site after the changes are effective constitutes your agreement to all such changed Terms of Website Use. We may, with or without prior notice, terminate any of the rights granted by these Terms of Website Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.We also reserve the right, subject to applicable law, at any time and from time to time to modify or discontinue,
We do not guarantee that the Site, or any content on it, will be free from errors or omissions. Access to the Site is permitted on a temporary basis. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
Intellectual property
All information and content available on the Site and its 'look and feel', including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations and software , and the compilation and organization thereof (collectively, the "Content") is the property of The Scents of Wood Company, and is protected by United States laws, including laws governing copyrights and trademarks. Our trademarks and logos may not be used in any manner for any purpose without our express written consent.
Neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior, written consent.
DMCA
If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide us with the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
Your obligations and responsibilities
In the access or use of the Site, you shall comply with these Terms of Website Use and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on the Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms of Website Use, if you default negligently or willfully in any of the obligations set forth in these Terms of Website Use, you shall be liable for all the losses that this may cause to us, our parent company, subsidiaries, affiliates, partners or licensors.
Your account
If you are under 16 years old you may not register for an account on the Site or make purchases from the Site. We do not accept information from persons under the age of 16.
Subject to the above age restriction, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. If you do register, you are responsible for ensuring that the personal information which you are required to provide when you register (including name, username, and email address) is true, accurate and current in all respects. See our Privacy Policy regarding the treatment of your personal information.
You are responsible for ensuring that the personal information you provide to us is up to date at all times. If your personal information changes then please notify us immediately by contacting us at contact@scentsofwood.com or by updating your details through the account portal under the 'My Account' page.
You are responsible for maintaining the confidentiality of your account, username and password and for restricting authorized access to your account. If there has been an unauthorized use of your password or account, please notify us immediately at contact@scentsofwood.com . You agree to accept responsibility for all activities that occur under your account. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms of Website Use provided herein, and to the extent you do not have such authority you agree to be bound to these Terms of Website Use and to accept liability for losses caused by any wrongful use of the Site or Content resulting from such access or use.
To the extent permitted by applicable law, we reserve the right to refuse service and / or terminate accounts without prior notice if these Terms of Website Use are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
You can cancel your account at any time by contacting us at contact@scentsofwood.com or via your account homepage.
Third party links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parent company, subsidiaries, our affiliates or our partners of the referenced content, Product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, Products , or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.
Special features, functionality and events
The Site may offer certain special features and functionality or events (such as contests, loyalty programs, sweepstakes or other offerings) which may be (a) subject to terms of use, rules and / or policies in addition to or in lieu of these Terms of Website Use; and (b) offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and / or policies.
Submissions
Any unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission (in whole or in part) in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works,or using the Submission within or in connection with our Products or services and you further waive any 'moral rights' that you may have in the Submissions. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing , distributing and marketing Products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and that you have the right to grant the foregoing rights to us. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of 'spam'. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all losses arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission to the extent caused by you.
User Content
Subject to the terms of our Privacy Policy, when you transmit, upload, post, share, distribute, email or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages, personal information such as your username / screen name, or other materials ("User Content") on the Site in any manner (including through the “Contact Us” form), you are entirely responsible for such User Content. Such User Content constitutes a Submission under section 9 This means that all third parties, and not The Scents of Wood Company, are entirely responsible for all User Content that they post to the Site. You represent and warrant that you own or otherwise control the rights to your User Content.You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, emailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar , obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary, privacy or confidentiality rights of any party.In addition, you agree not to transmit, upload, post, email, install, or otherwise make available any computer program or destructive software such as viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of 'spam'. You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) 'stalk' or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;(iv) intentionally or unintentionally violate any applicable local, state, provincial, national or international law; (v) harvest, collect, gather, assemble or store personally identifiable data about other users, including but not limited to email addresses;
We are in no way responsible for examining or evaluating User Content, and, to the fullest extent permitted under applicable law, we disclaim any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and, therefore, we do not guarantee the accuracy, integrity or quality of User Content. You acknowledge that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you.Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms of Website Use, we have the right to remove any User Content that violates these Terms of Website Use or is otherwise objectionable in our reasonable opinion and we reserve the right to refuse service and / or terminate accounts without prior notice for any users who violate these Terms of Website Use or infringe the rights of others.
Deletion of User Content: If you wish to delete certain of your public User Content, please contact us by email at contact@scentsofwood.com and include the following information in your deletion request: first name, last name, user name / screen name ( if applicable), email address associated with the Site, your location, your reason for requesting deletion of the User Content, and date (s) of User Content you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to ten (10) business days to process your request. Note that we will endeavor to honor your request to remove information, however, our removal of your information does not completely erase that information from the internet.For example, historical copies, or "caches" may remain.
Representations, warranties and limitation of liability relating to use of the Site
The provisions of this section relate to the use of the Site only (and do not affect the statutory rights of consumers or any other rights granted by us in connection with the purchase of Products on the Site - see our Terms and Conditions of sale for more information).
The Site and its Content and services are presented 'as is'. Neither we nor our parent company, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with the Site or its Content or services, or these Terms of Website Use including warranties of merchantability , of fitness for a particular purpose or of non-infringement.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) INTERR ANY (a) INTERR ANY ANY (a) OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE INCLUDING VIA HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT;OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL DAMAGE, OR CONSEQUES ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDREDARED UNITS USD $ 100.00
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS OF WEBSITE USE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. EXCEPT AS REQUIRED BY APPLICABLE LAW, WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Indemnification
You agree to defend, indemnify and hold us, our parent company, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the "Indemnified Parties") harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Site or the Content in violation of any law, rule, regulation or these Terms of Website Use, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute, claim, or controversy regarding the use of the Site, to the fullest extent permitted under applicable law, all rights and obligations and all actions contemplated in connection therewith shall be governed by the laws of the State of Utah.
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE OR PART A OF THESE TERMS AND CONDITIONS (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF THE SCENTS OF WOOD COMPANY OR OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMSORS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN UTAH AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR (S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.
It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms of Website Use shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator 's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures;and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at contact@scentsofwood.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate.Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.
general
Nothing contained in these Terms of Website Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of these Terms of Website Use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Website Use unenforceable or invalid as a whole but these Terms of Website Use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
No failure to exercise and no delay on our part in exercising any of our rights, remedies, powers or privileges under these Terms of Website Use and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on our part.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
Law and jurisdiction
Regardless of your place of residence, your use of the Site in accordance with Terms of Website Use is governed by the laws of the State of Utah and not by the laws of any other jurisdiction (except where the laws of another jurisdiction mandate the application of that jurisdiction's laws as a matter of public policy). As a result, and except where these Terms of Website Use state otherwise or where the laws of another jurisdiction mandate the application of jurisdiction in your state or country of residence as a matter of public policy, you submit to the exclusive jurisdiction of the courts of Utah).
FOR THE AVOIDANCE OF DOUBT, THIS SECTION DOES NOT APPLY TO LAW, JURISDICTION AND DISPUTES IN RELATION TO ORDERS PLACED AND PURCHASES MADE ON THE SITE - WHICH ARE GOVERNED BY SCENTS OF WOOD TERMS AND CONDITIONS OF SALE .
SMS / MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
The Scents Of Wood Company (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution ”Section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS / MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than
Those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will Complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual (s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 USC § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of [ DESCRIBE COMPANY'S GOODS / SERVICE OFFERINGS - THIS SHOULD BE BROAD AND GENERAL TO ENCOMPASS AND TYPE OF MESSAGE YOU MAY SEND. MESSAGES OUTSIDE OF THIS SCOPE MAY NOT BE ALLOWED UNDER THE TCPA ].
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions : For support regarding the Program, text “HELP” to the number you received messages from or email us at contact@scentsofwood.com Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider / network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and
have your parent's or legal guardian's permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and / or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and / or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and 317 LABS, INC. or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state
statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in The Scents Of Wood Company , Utah before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which The Scents of Wood Compamy's principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years' experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA's rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys' fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not allow class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless
to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction . If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
