last updated April 7, 2016

Welcome to scentbird.com and other online locations such as Facebook and Twitter (together, the "Site") offered by Scentbird, Inc. “we,” "our" or “Scentbird”. 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.

changes to the terms

We may update or alter these Terms at any time or from time to time, by posting the revised version on the Site, although we are not undertaking or promising to do so. Your use of the Site after a revision will constitute your acceptance of the revised terms and the revisions will apply to you after the "last updated" date, which is posted at the top of this page. Therefore, you should check these terms occasionally in the event that they have changed. We assume no responsibility to you if you fail to do check for revisions to our Terms and we do not assume any liability if you take any action or refrain to take any action without first checking these Terms. No change or alteration in these rules shall be deemed in any instance or instances to be an admission that there is or ever was anything wrong with these rules.

privacy policy

Please review our privacy policy, which also governs your visit to the Site. If you do not agree with the privacy policy, you are not authorized to use the Site. The terms of the privacy policy are incorporated in these terms by reference.

Terms & Conditions Overview

This section provides an overview and directory to our terms and conditions, which describe the rules you agree to when using our Site. By clicking on the hyperlink associated with a topic, you will be able to read the full provision. Please make sure you have read, understand and agree to these Terms.

  1. products and product information

    We try our best, but sometimes the information about a product may be incorrect or the products may be available in limited quantities. The products on our Site are for you only -- do not resell them.

  2. permitted users

    You can browse the Site if you are 13 years old and if you are 18 years old you can buy products from us.

  3. intellectual property

    We own our Site and the information on it.

  4. limited license

    We hope you enjoy the Site, but there are some restrictions on how you can use it.

  5. site promotions

    We want you to take advantage of discounts and promotions, but always remember to read the fine print because some promotions are only available for a limited time and may have other requirements for eligibility.

  6. your account

    You are responsible for your account and you must make sure to keep your password confidential.

  7. subscriptions

    Thanks for your purchase! You must pay for your product or subscription when you order it and we can only ship to the United States (apologies to our Canadian friends). This section also has information on our billing and cancellation policies.

  8. refund and returns

    There are no refunds for products shipped according to a subscription or other items available for sale on our Site. You can change your preferences for your next subscription order or cancel any portion of your subscription that has not been paid in full.

  9. gift subscriptions

    You can purchase a gift subscription for someone by pre-paying the subscription fee. We are sorry but gift subscriptions are non refundable.

  10. gifts

    Enjoy your gift! We are sorry but we do not offer refund for gift subscriptions.

  11. product guarantee and packaging

    This is the real deal. No knock-offs, no imitations. We take this very seriously.

  12. referral program

    Help spread the word and we will reward you for it.

  13. third party links

    Sometimes we link to third party sites. Most of it is great stuff, but we are not responsible if its not.

  14. social media

    Social media sites have rules too, make sure to read and follow them. We are happy for you to post on our social media, but make sure it's really Scentbird before you do. If you really need to get ahold of us, send us an email at support@scentbird.com.

  15. reviews, comments, communications, and other content

    We want to hear from you, but please play by the rules when posting content. Your content and opinions belong to you, but we may want to share them. We may choose to remove content we don’t feel is appropriate.

  16. notice and procedure for making claims of copyright or other intellectual property rights.

    We respect intellectual property rights, if you think your copyright is being infringed, here is how to let us know.

  17. disputes and applicable law

    Any dispute between us will be governed by New York law and decided by non-judicial arbitration. By agreeing to these Terms you waive rights to maintain a court action, the right to a jury trial, and the right to participate in any form of class or representative claim.

  18. limitation of liability

    We are building the best company we can for you, but we can't promise it will be perfect and we are liable to you for various things. If you live in New Jersey or certain other states, our limitation of liability is different according to state law.

  19. disclaimer of warranties

    This Site is available "AS IS." We do not promise that your use of the Site will be uninterrupted or error free.

  20. indemnification

    You are responsible for any harm that you cause us.

  21. termination

    Both of us can end these terms, read this section for the details.

  22. notice required by california law

    Hi Californians! Scentbird is in New York and provides this service to you, if you have complaints send them to support@scentbird.com or contact the Complaint Assistance Unit of the California Department of Consumers Affairs.

  23. important information for new jersey residents

    Hi New Jerseyan's! We want to let you know that because of New Jersey laws, some of sections of these Terms may be different for you. Also, by using this Site you waive certain rights including rights to pursue disputes in a court and before a jury. This section provides links to the applicable sections of our Terms so you can read about it in more detail.

  24. general information

    Additional terms that govern your use of the Site.

  25. questions

    Please contact us at support@scentbird.com.

1. products and product information

We attempt to be as accurate as possible when describing our products on the Site. However, to the extent permitted by applicable law, we do not guarantee that the product descriptions, colors, sizes, prices or other content available on the Site are accurate, complete, reliable, current, or error-free.

All material and information presented by Scentbird is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Scentbird does not give or intend to give any answers to medical related questions and this Site does not replace any medical professional or medical resource. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The products available on the Site, including any samples Scentbird may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Scentbird. Unless otherwise prohibited by law, we reserve the right to change or substitute any products offered for sale on the Site, and the prices or descriptions of any products, at any time without any notice or liability to you or any other person. We reserve the right to limit quantities of products sold or made available for sale on the Site and to decline any purchase. The Site content and products available on the Site may be out of date or differ slightly from the actual products.

2. permitted users

The Site is provided for the personal use of persons over 13 years old or older who are US residents. Registration and product sales are for persons who are 18 years old or older. If you are 13 - 17 years old, by browsing the Site you confirm that you have the permission of a parent or guardian to do so.

3. intellectual property

You agree that the Site and its content, including without limitation any patents, copyrights, trademarks, inventions or any other intellectual property rights, are owned by Scentbird Inc., or our affiliates, partners or licensors.

Copyrights: All content available on the site, including but not limited to text, graphics, logos, buttons, icons, images, audio, video, data compilations and software, and the compilation thereof, and the look and feel of the site, is the copyright and property of Scentbird Inc. our affiliates, partners or licensors, and is protected by United States and international copyright laws.

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress displayed on the Site are the registered and unregistered marks of Scentbird our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

Except as set forth in the limited license section below, or as required under applicable law, neither the copyrights, trademarks, other intellectual property 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 prior written consent.

4. limited license

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license prohibits and does not permit you to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify, download, reverse engineer or decompile the Site or content (except caching or as necessary to view the Site); (iii) make any use of the Site or content other than personal use; (iv) create any derivative work based upon the Site or content; (v) collect another’s account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the trademarks or to otherwise use the trademarks; (vi) use software, automated devices, robots, spiders, crawlers, scripts or similar data gathering and extraction tools or otherwise collect and/or use any product listings, descriptions, price or similar information; or (vii) take any other action that may impose an unreasonable burden or load on our infrastructure or interfere with the operation of the Site or that may adversely affect performance of the Site or restrict any other user or Scentbird from using or enjoying the communication services or the Site.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of http://www.scentbird.com for personal, non-commercial use only. A third party Site that links to scentbird.com (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such Site or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial or damaging to the goodwill associated with our name and trademarks, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services or opinions; (vi) may not use our name or trademarks other than in identifying the link; scentbird.com and (viii) must display scentbird.com on full-screen and not within a “frame” on the linking Site. we may, in our sole discretion, request that you remove any link to scentbird.com, and upon receipt of such request, you shall immediately remove such link.

Any unauthorized use by you of the Site terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law or these terms. Immediately upon any such termination you shall remove any hyperlink to the Site.

5. site promotions

From time to time, Scentbird may offer certain special promotions, features, or events (such as contests, sweepstakes or other offerings) (collectively, “Promotions”). These Promotions may be subject to additional terms in addition to or in lieu of these Terms and may be offered by us or by third parties. We will disclose details for such Promotions (such as eligibility requirements, dates of availability, contents of the Promotion, etc.) when offered, and if you choose to take advantage of any Promotion, you agree that your participation will be subject to such additional terms or other guidelines, rules, and/or policies.

The following applies to all promotions, but if different from these terms, the Promotion details on the Site will control: (1) Dates of availability are assumed to be from 12:00:01 am eastern on the start date through 11:59:59 pm eastern on the end date. All times are eastern time zone. Daylight savings is in effect when applicable. (2) An eligible purchase must be completed on scentbird.com during the dates of availability as specified. Purchases prior to or after the dates of availability are not be eligible. (3) Promotions are only available while supplies last. A promotion may expire early due to limited quantities on gift with purchase items. (4) All requirements of the promotion as specified must be met in order to successfully redeem a promotion. This may include, but is not limited to; purchasing a specific product, making a purchase for a specific dollar amount, being signed in as a registered member, or having specific information in your membership account. (5) A promotion may not be compatible or used with other promotions on the same order. (6) Promotional offer has no cash value and cannot be resold or transferred. (7) Scentbird reserves the right to cancel, suspend or modify part or all of any promotional offer at any time without notice, for any reason in its sole discretion. (8) Returns must include any promotional gift(s) to qualify for full refund. Partial returns must include any promotional gift(s) to quality for a partial refund if the unreturned portion of the order fails to meet the original requirements to qualify for the promotional gift. Promotional gifts may not be exchanged.

6. your account

You may choose to create an account on the Site by registering with us or using third-party sign on services (e.g. Facebook Connect). If you use a third-party sign on service, you expressly authorize Scentbird to access your account information maintained by identified third-party data service providers, on your behalf in connection with your use of the Site. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw approval of, your registration at any time for any reason. In registering an account, you agree to provide, maintain and update information that is true, accurate, current and complete about yourself.

When you register an account, you will select a email address/username and password to be used to access your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account, username and/or password. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these terms or if we decide, in our sole discretion, that it would be in our best interests to do so.

7. subscriptions and orders

The products and subscription available on the Site can only be delivered within the continental United States. We do not deliver to Alaska, Hawaii or any other country. Make sure to provide us with the correct shipping information and to update shipping information if you move.

(a) Subscription.(i) The Site may offer certain products or services that require you to purchase a subscription for a period of time as specified during purchase (collectively a “Subscription”). Your Subscription, which may start with a price promotion, will automatically continue on a Subscription-to-Subscription basis unless you cancel your Subscription or we terminate it. We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the privacy policy. Membership is void where prohibited by law. (ii) Scentbird may offer special promotions with differing conditions and limitations. Any materially different terms from those described in the Terms of Use will be disclosed at sign-up or other communications made available to you.

(b) Billing (i) Payment Methods. In connection with any and all orders or Subscriptions that you select to purchase you must provide us with a current, valid, accepted method of payment, which may change from time to time ("Payment Method"). All Subscription and purchases are subject to the Terms of Use and any additional terms and conditions, including any fees, imposed by your financial services provider and/or mobile carrier, as applicable. By providing your account information in connection with any Subscription or purchase you hereby authorize Scentbird to debit the total cost of said Subscription and/or purchase and agree to be responsible for all associated charges, including any applicable taxes. Should charges for which you are responsible fail at the time payment is required, you will be responsible for all costs and fees associated with any and all efforts by Scentbird, or otherwise in connection with Scentbird's efforts, to be paid such amounts due, including but not limited to any attorney fees and other legal expenses. You represent and warrant that all information you provide in connection with the purchase of a Subscription and/or purchase is true, accurate and complete. We reserve the right to offer Subscriptions for the durations and at the corresponding costs that we determine appropriate, in our sole discretion. (ii) Billing Cycle. The fee for certain Subscriptions must be paid in a single up front payment while other Subscriptions may allow payment on an installment basis (e.g. month-to-month). If the Subscription fee is paid in a single up front payment, the total Subscription fee is due and payable to Scentbird immediately upon sale and your Payment Method will be automatically billed at that time. If the Subscription fee is paid on an installment basis, your Payment Method will automatically be billed at the beginning of each installment period as specified during check-out. (iii) Automatic Renewal. In order to provide continuous service, Scentbird automatically renews all Subscriptions on the date the Subscription expires. Such renewals will be for the same duration of the original subscription term and will be billed at then current rate of the applicable subscription and according to your original billing cycle method (i.e. month-to-month, single up front payment).By enrolling in a Subscription, you agree that your Subscription will be subject to the above described automatic renewals. You also agree that the amount billed may be different if your original Subscription was purchased using a promotional offer and you authorize us to charge your Payment Method for such varying amounts and any other charges that you may incur in connection with your use of the Subscription. Your Subscription will remain in effect and continue to renew automatically until it is cancelled.

(c) Cancellation. IF YOU WISH TO CANCEL YOUR AUTOMATIC SUBSCRIPTION RENEWAL, YOU MAY DO SO BY visiting your Account Settings Page and clicking on “Request cancellation" Or by emailing us. Scentbird will make reasonable efforts to process cancellation requests within seven business days from the receipt of the cancellation request. If you cancel, you may use your Subscription until the end of your then-current subscription term which has been paid in full.

8. return and refund policy

(a) Subscription Returns. There are no returns for products shipped according to a Subscription. If your Subscription is for a three, six, or twelve month period, you can change your preferences for the next shipment provided that your changes are made no later than the first of the month. Some Subscriptions may qualify for a product swap, which will allow you to exchange a product for a different product. Details on product swap will be provided during the sign-up process for eligible Subscriptions.

(b) Subscription Cancellation. If you cancel your Subscription, you will not be eligible for a refund of any kind for the portion of the Subscription fee paid, however you will be entitled to receive shipments until the end of your then-current Subscription term which has been paid in full. There are no refunds for gift subscriptions. Renewal Subscriptions are eligible for a full refund if the refund request is received by Scentbird within 30 days of your first automatic renewal payment.

(c) extra items. We also offer additional products for sale on Scentbird.com (such as extra cases). Unfortunately, we don't offer refunds or returns on these items.

9. gift subscriptions

You can purchase a subscription as a gift for someone ("Gift Subscription) by selecting either a three, six or twelve month subscription period and prepaying the entire subscription fee at check out. For Gift Subscriptions, the subscription will not be renewed after the then-current term you purchased expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.

10. gifts

Please enjoy your gift subscription- someone thinks you’re pretty great. Sorry, we do not offer refunds for any gift subscriptions.

11. product guarantee and packaging

All of the products available on the Site are genuine designer fragrances and beauty products. Our Site has absolutely NO imitations or knock-offs. HOWEVER, WE ARE NOT ASSOCIATED WITH THE DESIGNER OR THE DESIGNER'S PERFUME MANUFACTURER IN ANY WAY AND HAVE NO AGREEMENT OR ARRANGEMENT WITH THEM AUTHORIZING US TO REPACKAGE THE PERFUME.

12. referral program

If you invite friends to Scentbird using our referral process you will be eligible for free subscription periods. You will receive one free month of perfume for every 3 friends that subscribe using your unique link. The credit will automatically be applied to your next shipment once the threshold (3 subscriptions) has been reached. Please note you must have an active account in order to be eligible for your referral program. Continue to invite friends to get even more free perfumes.

13. third party links

The Site may contain links to websites or other online locations operated by other parties. We provide these links as a convenience, and use of these websites or other online locations is at your own risk. The linked websites or other online locations are not under the control of Scentbird, and we are not responsible for the content available on the other websites or other online locations. These links do not imply Scentbird’s endorsement of information or material on any other website or online location and Scentbird disclaims all liability with regard to your access to and use of the links or linked websites or other online locations or content. You should carefully review the terms and conditions and privacy policies of all linked websites or other online locations that you visit.

14. social media

Our Site may contain social media features such as the Facebook Like button and widgets for other social media such as Pinterest, Twitter, Tumbler, and Instagram. These social media features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy and terms of use of the company providing the feature or widget. You should carefully review the terms and conditions and privacy policies. Please be mindful that not all accounts, usernames, sites, handles, pages etc. that make use of the name "SCENTBIRD" are actually provided by us. Additionally, we may not respond to comments or questions posted via social media. If your submission to our social media pages or feeds contain questions or comments for Scentbird, we may respond publicly or privately; however, we encourage anyone with questions or comments to visit our website at http://www.scentbird.com or to contact us at support@scentbird.com.

15. reviews, comments, communications, and other content

The Site may contain areas for you to post reviews, share your story, submit comments and other content, including photographs, and message or communication facilities to enable you to communicate with other users the Site and Scentbird (collectively "User Content"). You retain all rights in, and are solely responsible for your User Content. You acknowledge that your User Content may become available to others on the Site and elsewhere. You agree to post only User Content that you have the right to use or authorize others to use, and that is appropriate for general audiences and not confidential or private or harmful to others.

In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are prohibited and a material breach of these terms. By way of example and not limitation, you agree that you will not:

(1) aggregate, copy, duplicate, publish or make available any content to third parties outside the Site in any manner;

(2) defame, abuse, harass, stalk, threaten or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation;

(3) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent or unlawful topic, name, material, content or information;

(4) upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions;

(5) upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

(6) use the Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, multi-level marketing schemes, chain letters, or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures;

(7) falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or

(8) engage in any other action that, in our reasonable judgment, exposes us or any third party to potential liability or detriment of any type.

You grant Scentbird and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display your User Content in any form throughout the world in any media whether now known or hereafter developed, alone or as part of other works. You further grant Scentbird and our affiliates the right to use the name that you submit in connection with such content in our sole discretion. You represent and warrant that you own or otherwise control all rights to the User Content that you post, that the User Content is accurate, that use of the User Content does not violate these terms and will not cause injury to any person or entity. You waive the opportunity to inspect or approve such use, and any obligation to identify you in connection with a submission or User Content. You agree to indemnify Scentbird, its subsidiaries, affiliates, partners or licensors, and their respective officers, agents, partners and employees, against any loss, liability, claim, or demand, including attorneys’ fees, relating to User Content you supply to the Site. It is our policy to decline any unsolicited suggestions or ideas. In addition to the foregoing regarding submissions, any unsolicited suggestions or ideas will be treated as non-proprietary and non-confidential and will not be returned. We may use any intellectual property or other rights in any submission for any purpose, including, without limitation, for developing, manufacturing, distributing and marketing new products.

Scentbird may, but is under no obligation to, monitor and edit or remove any activity or content at its sole discretion. We take no responsibility and assume no liability for any content posted by you or any third party. Scentbird does not necessarily endorse any opinion or statement contained in any submission or User Content.

16. notice and procedures for making claims of copyright or intellectual property infringement

We may, in our sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent a notice containing the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(3) a description of where the material that you claim is infringing is located on the website (providing url(s) in the body of an email is the best way to help us locate content quickly);

(4) your name, address, telephone number, and email address;

(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached by sending an email to: support@scentbird.com.

17. disputes , Arbitration and applicable law




These terms shall be governed by, and will be construed under, the laws of the state of New York, United States of America, without regard to choice of law principles. We each agree agree that any dispute which may arise out of, under, or in connection with your visit to or use of the Site shall be resolved entirely through binding individual arbitration, rather than in court. Such individual arbitration shall take place in New York, New York, and will be administered by the AAA in accordance with its Commercial Arbitration Rules, and any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, 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 these Terms of Use as a court would. Tothe extent you have violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court.

You agree to bring any dispute related to these Terms, your use of the Site, our products, or services in arbitration on an individual basis and that no claim arising out of these Terms your use of the Site, our products, or services may be brought as a class action, and no arbitration under these terms shall be joined with an arbitration involving any other party under these terms, whether through class arbitration proceedings or otherwise. If for any reason a claims proceeds in court and not in arbitration, we each agree to waive any right to participate in a class action against each other and the right to a jury trial. The Site resides on servers located in, and is controlled in, the United States and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent applicable. Access to the Site is prohibited from jurisdictions where the Site or content is illegal or penalized. Scentbird reserves the right to limit the availability of the Site and content to any person or jurisdiction in its sole discretion.

18. disclaimer of warranties

The Site and all content on the Site is provided to you on an "as is, as available” basis without warranty of any kind. We make no representations or warranties that use of the Site will be uninterrupted or error free, or as to any results that may be obtained by use of the Site. To the extent permitted by applicable law, we expressly disclaim all warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty as to the accuracy, completeness, reliability or availability of the Site or any content available through the Site. You expressly agree that your use of the Site is at your sole risk.

19. limitation of liability

Except for instances of gross negligence, intentional wrongdoing, willful misconduct, or where we have a legal obligation to you, under no circumstances shall we or our affiliates, partners or licensors be liable to you or any other person for any indirect, incidental, consequential, or punitive damages arising out of or relating to these terms, or access to or use of the site or its content, purchase you make, user content or submissions to the site, whether such claim or action is based in tort, contract, negligence, strict liability statutory liability or otherwise and even if Scentbird has been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the site and terminate these terms. These limited remedies shall apply notwithstanding any failure of their essential purpose. Certain state laws, including the laws of the State of New Jersey, do not allow limitations on implied warranties or the exclusive or limitation of certain damages as set forth in this Section 19, so these limitations and exclusions apply to you only to the extent permitted by applicable law. If it is finally determined by a Court of law or an arbitrator that our limitation of liability set forth in this Section 19 does not apply to you, thenyou agree that our total liability in the aggregate for any claims made by you or any third party on your behalf shall not exceed 100 hundred dollars ($100.00) or the total amount of your last Scentbird purchase, whichever is greater.

20. Indemnification

You agree to indemnify, defend and hold Scentbird, its subsidiaries, affiliates, partners or licensors, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of (a) any content or materials posted on or submitted to the Site by you; (b) your material, uncured breach of these Termsor the privacy policy, any applicable laws that protect us, or our legal rights or those of any third party whose legal rights your actions have damaged; and (c) all activities that occur under your account, username and/or password.

21. Termination

You may terminate these terms by providing written notice to us. Upon such termination, you shall cease all use of the Site and we shall be permitted to delete your account and any and all information associated therewith.

We may, with or without prior notice, terminate any of the rights granted by these terms. you shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

22. Notice Required by California Law

Pursuant to california civil code section 1789.3, California residents are entitled to the following specific consumer rights notice: The name, and address of the provider of this service is:

Scentbird Inc.

10 West 33 st #1030

New York, New York 10001

Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to support@scentbird.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227.

23. important information for new jersey residents

If you live in New Jersey, please carefully read our Terms and understand that by using our Site or purchasing a Subscription in addition to the other rules you agree to, (i) any dispute between us will be governed by New York law and decided by non-judicial arbitration. By agreeing to these Terms you waive rights to maintain a court action, the right to a jury trial, and the right to participate in any form of class or representative claim (Section 17), (ii) under the laws of the State of New Jersey, limitations on implied warranties or the exclusive or limitation of certain damages as set forth in this Section 19 may not apply to you, and (iii) you are responsible for any harm (Section 20) that you cause us, whether it is because of (a) the content or materials posted on or submitted to the Site by you, (b) your material your uncured breach of these Terms, the privacy policy, any applicable laws that protect us, or our legal rights or those of any third party whose legal rights your actions have damaged or (c) any and all activities that occur under your account, username and/or password.

24. general information

(a) You acknowledge and agree that these terms of use, which include our privacy policy and other terms and rules referenced herein, 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. (b) Nothing contained in these terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. (c) 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. (d) In the event that any provision of these Terms 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 unenforceable or invalid as a whole, in New Jersey, this includes Sections 17, 19 and 20 of these terms (Section 23). We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

25. questions?

If you have any questions regarding these terms and conditions, please contact us at support@scentbird.com

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