This web site, operated by or on behalf of The Scent Works ("TSW") or its affiliates or subsidiaries, is comprised of various Web pages. This web site ("TSW Web Site" or this "Site") is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TSW Web Site constitutes your agreement to all such terms, conditions, and notices. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE. By accessing or using this Site, you agree to these terms of use, conditions, and all applicable laws. If you do not agree to these terms, you may not use this Site. Modification Of These Terms Of Sale The Scent Works, ("TSW") reserves the right to change the terms, conditions, and notices under which this web site (the "TSW Web Site" or the "Site") is offered, including but not limited to any charges associated with the use of this Site. You are responsible for regularly reviewing these terms and conditions. Use of Site. Personal And Non-commercial Use Limitation Unless otherwise specified, the TSW Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of this Site solely for your own non-commercial use, or to place an order with TSW or to purchase TSW products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of TSW is strictly prohibited. Harassment in any manner or form on the TSW Web Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a TSW employee, host, or representative or other members or visitors on this Site is prohibited. You may not upload to, distribute, or otherwise publish through this Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content onto this Site or use this Site to solicit others to join or become members of any other commercial online service or other organization. The entire content included in this Site, including but not limited to text, design, graphics, images, interfaces, or code and the selection and arrangements thereof is copyrightable as a collective work under the United States and other copyright laws, and is the property of The Scent Works. The collective work includes works that are licensed to TSW, if any. Copyright 2003-2012. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of, and are proprietary to, The Scent Works, or other respective owners. In the event a TSW product or service is listed at an incorrect price due to typographical error, TSW shall have the right to refuse or cancel any such item or service, or any orders as a whole placed for products or services listed at the incorrect price. TSW shall have the right to refuse or cancel any such items or orders whether or not the order has been confirmed and your credit card charged or payment otherwise received by TSW. If your credit card has already been charged for the purchase, or you have already otherwise rendered payment to TSW, and your order is canceled, TSW shall issue a credit to your credit card account, or otherwise issue a refund, for the incorrect price (see "Order Acceptance and Rejection"). We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website is accurate, complete, reliable, current, or error-free. Please note that the actual colors you see will depend on your computer monitor and we cannot guarantee that your computer monitor's display of any color will be accurate. Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement. All shipments are made F.O.B. our North Carolina warehouse unless otherwise specified. Title and risk of loss to all goods furnished hereunder shall pass to Buyer upon TSW’s delivery to the carrier at the shipping point. Buyer shall present claims for shortages in writing to TSW within five (5) days after receipt of goods. Failure to give written notice of any claim within said time period shall constitute an unqualified acceptance of the goods and a waiver by Buyer of all shortage claims with respect thereto. These terms and conditions are applicable to you upon your accessing this Site and/or completing the shopping process. These terms and conditions, or any of them may be modified or terminated by TSW without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination. TSW does not and cannot review all communications and materials posted to or created by users accessing this Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this Site, TSW is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on this Site. However, TSW reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or; other intellectual property right of another; or (d) violates any law or regulation, or (e) offensive or otherwise unacceptable to TSW at its sole discretion. Note that The Scent Works will treat any personally identifiable information you may post or transmit in accordance with The Scent Works' Privacy Policy. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. TSW will have no obligations with respect to the Communications. TSW and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. TSW may, but is not obligated to, monitor or review any areas on this Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, if existing, and the content of any such Communications. TSW, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third parties (the "External Sites"). However, even if the third party is affiliated with TSW, TSW has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TSW. TSW has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that TSW sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, TSW seeks to protect the integrity of this Site and the links placed upon it and therefore requests any feedback on, not only this Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. Each claim or statement about the effectiveness of TSW products and/or each claim or statement comparing the effectiveness of TSW products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on this Site. The Scent Works makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. The Scent Works does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software. THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SCENT WORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SCENT WORKS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SCENT WORKS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE SCENT WORKS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE SCENT WORKS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. You agree to indemnify, defend, and hold harmless TSW, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (if established), including negligent or wrongful conduct, by you or any other person accessing this Site using such Internet account. Your use of this Site shall be governed in all respects by the laws of the State of North Carolina, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention On Contracts For The International Sale Of Goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of TSW products) shall be in the state or federal courts located in Durham County, North Carolina. Any cause of action or claim you may have with respect to this Site (including but not limited to the purchase of TSW products) must be commenced within one (1) year after the claim or cause of action arises. TSW's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. TSW may assign its rights and duties under this Agreement to any party at any time without notice to you. TSW makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside North Carolina do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. The internal substantive laws of the State of North Carolina shall govern any claim relating to the materials. By using this Site, you agree that TSW, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State as set forth in the previous section. Any award in arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute. These Terms represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of TSW to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit TSW's rights with respect to such breach or any subsequent breaches. TSW may revise these Terms at any time by updating the Company Policies page under General Terms and Conditions. You should visit that page from time to time to review the then current Terms because they are binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The Scent Works
“The Scent Works is the legal DBA of Kelsey Associates LLC. All rights reserved. |
© 2003-2012. Kelsey Associates LLC.®. All rights reserved. U: 08-30-2007. |