TERMS OF SERVICE
Effective Date: January 13, 2017
Schmidt's Deodorant Company, LLC, d/b/a Schmidt’s Naturals, (“Schmidt’s Deodorant”, “we”, “us”, or “our”) provides the content and goods available on the website, www.schmidtsnaturals.com (the “Site”), including all information, tools and goods available on this Site, to you subject to the following terms of service, our Privacy Statement and other terms, conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms of service (collectively, “Terms” or “Terms of Service”). These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Please read these Terms of Service carefully before accessing or using our website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Service. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, YOU MAY NOT USE OUR SITE.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service at any time by posting updates and/or changes to the Site. Any changes are effective immediately upon posting to the Site. It is your responsibility to check this page periodically for changes. Your continued use or access of the Site thereafter constitutes your agreement to all such changed Terms of Service. We may, with or without prior notice, terminate any of the rights granted by these Terms of Service. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Our store is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our products to you. For more information about the services Shopify provides to us, please see our Privacy Statement.
SECTION 1 – PRIVACY
Your submission of personal information through the Site is governed by our Privacy Statement. Please review our Privacy Statement so that you understand our privacy practices.
SECTION 2 - ONLINE STORE TERMS
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our website. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our site. By accessing or using the site, you represent that you are at least 18 years old or the age of majority in your jurisdiction and that you have given us your consent to allow any of your minor dependents to use this site.
We will never knowingly request or collect personal information from any person under 13 years of age without prior verifiable parental consent. We assume that any user of the Site is 13 years of age or older, but if we have good reason to believe that a user is not, we will ask for verification. Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. If we become aware that any individual is under the age of 13 and has submitted any information to us for any purpose without prior verifiable parental consent, we will delete his or her information from our files. In addition, if a parent or guardian becomes aware that a child has submitted personal information, that parent or guardian should tell us that they would like this information deleted from our records by contacting us via email at [email protected] We will delete the child’s information from our existing files. We reserve the right, in our discretion, to do any one or more of the following in order to verify a minor’s parental permission to use this website:
Request a signed form from the parent via email;
Request a credit card number, which we will then verify;
Take calls from parents on a toll-free telephone number staffed by trained personnel;
Request an email from a parent accompanied by digital signature; or
Request an email accompanied by a PIN or password.
By accessing or using the Site, you agree not to use our products for any illegal or unauthorized purpose and not to use the Site in violation of any laws in your jurisdiction (including but not limited to trademark and copyright laws).You further agree not to transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms of Service will result in an immediate termination of your right to use this Site.
SECTION 3 – RECURRING BILLING FOR SUBSCRIPTIONS
By signing up to receive a subscription for any of our items, you agree and acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring charges incurred prior to cancelation of your subscription. UNLESS YOU OPT OUT OF THE SUBSCRIPTION, YOU WILL BE CHARGED ON A RECURRING BASIS IN ACCORDANCE WITH THE DELIVERY SCHEDULE YOU SELECTED WITH YOUR SUBSCRIPTION, WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL YOUR SUBSCRIPTION (RECEIPT OF WHICH IS CONFIRMED BY US). IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE RECURRING PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, SCHMIDT’S DEODORANT WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. SUBSCRIPTIONS ARE CURRENTLY AVAILABLE ONLY FOR ORDERS SHIPPED TO ADDRESSES IN THE UNITED STATES OF AMERICA. DISCOUNT CODES CAN NOT BE APPLIED TO ORDERS CONTAINING SUBSCRIPTIONS. TERMS ARE SUBJECT TO CHANGE AT ANY TIME.
SECTION 4 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 5 – 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, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in Section 5 below, or as required under applicable law, 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.
SECTION 6 – LIMITED LICENSES; USE RESTRICTIONS
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
frame or utilize framing techniques to enclose the Site or any portion thereof;
use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
make any use of the Site or any Content other than for personal use;
modify, reverse engineer or create any derivative works based upon the Site or any Content;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
"stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
intentionally violate any applicable local, state, national or international law;
transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 5. Such termination is in addition to any other remedy available to use under applicable law and/or these Terms of Service.
SECTION 7 – YOUR OBLIGATIONS AND RESPONSIBILITIES
By accessing or using the Site or any Content, you agree that you will comply with these Terms of Service and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law and in good faith. You may not make any change or alteration to the Site or any Content that may appear on this 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 Service, if you default negligently or willfully in any of the obligations set forth in these Terms of Service, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors, including loss and damages arising out of claims by third parties.
SECTION 8 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
SECTION 9 - MODIFICATIONS TO THE SITE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to discontinue or modify any of our products at any time. We also reserve the right to modify or discontinue the Site (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.
SECTION 10 - PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this Site is void where prohibited.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.
SECTION 11 - YOUR ACCOUNT
Subject to the age restrictions outlined above, 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. You are responsible for maintaining the confidentiality of your account and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. 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 Service provided herein, and to the extent you do not have such authority you agree to be bound to these Terms of Service and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with us at any time.
We reserve the right to refuse service, refuse any order placed with us, and/or terminate accounts without prior notice if these Terms of Service are violated or if we decide, in our sole discretion, that it would be in our best interest to do so. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
By accessing or using this Site, you agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For information regarding returns, please review our Returns Policy.
SECTION 12 - OPTIONAL TOOLS
We may provide you with access to third-party tools which we do not monitor and over which we have no control or input. We are not responsible for such third-party tools. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties or representations of any kind, express or implied, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 13 - THIRD-PARTY LINKS
We are not responsible for the content of any third party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites 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 websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third party websites you visit. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 14 - USER CONTENT
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site in any manner (including, but not limited to by email, postal mail, or otherwise), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, translate, publish, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products. We are under no obligation (i) to maintain any User Content in confidence; (ii) to pay compensation for any User Content; or (iii) to respond to any User Content.
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, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships; (iii) is known by you to be false, fraudulent, inaccurate or misleading; (iv) you were compensated for or for which you were granted any consideration by any third party; (v) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or (vi) contains any computer virus or other malware that could in any way affect the operation of the Site or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are solely responsible for any User Content you create and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.
We are in no way responsible for examining or evaluating User Content, nor do we assume 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 understand 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, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) to, monitor, edit, refuse to post, or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable. We further reserve the right to change, condense, or delete any Use Content at our sole discretion. Without limiting the generality of the foregoing or any other provision of these Terms of Service, we have the right to remove any User Content that violates these Terms of Service or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms of Service or infringe the rights of others.
If you wish to delete certain of your public User Content on the Site, please contact us by email (see Section 24 below) and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) 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.
SECTION 15 – COPYRIGHT INFRINGEMENT NOTICES
We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination, in appropriate circumstances, of the Site’s users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
Identification of the copyrighted work that you claim has been infringed;
A description of the material that you claim is infringing and the location of that material on the Site;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Designated Agent for notice for claims of copyright infringement is:
12602 NE Marx Street
Portland, OR 97230
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SCHMIDT’S DEODORANT THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO [email protected].
SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS
We attempt to be as accurate as possible when describing our products on the Site. However we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No update or refresh date appearing in any portion of the Site or on any related website, should be taken to indicate that information on any other part of the Site or on any related website has been modified or updated.
SECTION 17 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE SITE AND ITS CONTENT ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SITE OR ITS CONTENTS.
SPECIFICALLY, WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME, WITHOUT NOTICE TO YOU. YOU FURTHER EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
YOU AGREE THAT IN NO CASE SHALL SCHMIDT'S DEODORANT, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY OTHER DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR FROM YOUR USE OF ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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 SERVICE 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. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Schmidt's Deodorant and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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 Site Content in violation of any law, rule, regulation or these Terms of Service, (ii) any part of your User Content, (iii) your breach of these Terms of Service or the documents they incorporate by reference, or (iv) your violation of any law or the rights of a third-party.
SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable under any applicable law or be so held by any applicable arbitral award or court decision, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable or invalid portions shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our services (or any part thereof).
SECTION 22 - ENTIRE AGREEMENT
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You acknowledge and agree that these Terms of Service constitute the complete and exclusive agreement between you and Schmidt’s Deodorant concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications, whether oral or written, between you and Schmidt’s Deodorant (including, but not limited to, any prior versions of the Terms of Service).
Nothing contained in these Terms of Service 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 such right or provision. The headings in the Terms of Service are for convenience only and shall not be used in its interpretation.
SECTION 23 – DISPUTES/GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Florida.
With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms of Service shall be governed by the laws of Florida, as if the Terms of Service were a contract wholly entered into and wholly performed within Florida. ANY DISPUTE RELATING IN ANY WAY TO YOUR VISIT TO THE SITE, THESE SITE TERMS OF SERVICE, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATED TO THE INTELLECTUAL PROPERTY RIGHTS OF SCHMIDT’S DEODORANT OR OUR AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN FLORIDA 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 arbitrable 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 this agreement 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. 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.
SECTION 24 – CONSENT TO RECEIVE NOTICES ELECTRONICALLY
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms of Service 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 [email protected] and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms of Service, including but not limited to the rights described in Section 5 hereof, 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.
SECTION 25 - CONTACT INFORMATION
If you have any questions about the Terms of Service, please email us at [email protected].