Electronic Communications. When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Trademark and Copyright Notice. All of the Content on the Site is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by The Smells Good Store, or one of their respective affiliates or by third parties who have licensed their materials to us.
OUR WEBSITE CONTENT IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, THE SMELLS GOOD STORE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
NEITHER SHALL THE SMELLS GOOD STORE HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. NEITHER THE SMELLS GOOD STORE REPRESENTS OR WARRANTS THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SMELLS GOOD STORE ONLINE STORE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
NEITHER THE SMELLS GOOD STORE ENDORSES OR MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS SITE, OR ABOUT ANY THIRD PARTY SITES YOU MAY LINK THROUGH THE SMELLS GOOD STORE ONLINE STORE, WHICH LINKS ARE PROVIDED FOR CONVENIENCE ONLY.
NEITHER THE SMELLS GOOD STORE MAKES ANY REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE AND NEITHER SHALL HAVE ANY RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT.
IN NO EVENT SHALL THE SMELLS GOOD STORE OR THEIR RESPECTIVE AFFILIATES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE SMELLS GOOD STORE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.
YOUR USE OF THE SMELLS GOOD STORE'S ONLINE STORE IS AT YOUR SOLE RISK AND IF YOU ARE DISSATISFIED WITH THE ONLINE STORE, ITS CONTENT OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SMELLS GOOD STORE'S ONLINE STORE.
Our Rights. We may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, and price discrepancy. We reserve the right to charge fees or extra shipping charges for any product that is backordered. The posting of prices on our site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment. The Smells Good Store will not match any prices or specials on the Site. The Site will not match prices or specials in the The Smells Good Store.
Shipping Address. To make purchases on the Site, you must have a shipping address in the United States or use an APO/FPO U.S. military address.
Sales Tax. Items that are shipped to Colorado customers are subject to tax at the appropriate state and local rate.
Export. The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
Copyright Complaints. We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
Our agent for notice of claims of copyright infringement on the Site can be reached as follows:
By phone: (303)-646-6600
By mail: The Smells Good Store, 313 3rd Street, Castle Rock, CO 80104
By email: legal@TheSmellsGoodStore.com