Terms of Use
PLEASE NOTE THAT YOUR ACCESS AND USE OF OUR SERVICES AS DEFINED BELOW, ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Terms of Use
Effective date: October 18th, 2019
Welcome to SixthScentsOils.com. In the following you will learn the rules and restrictions that govern your use of our website, products, services and applications. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@sixthscentsoils.com
These Terms of Use are a binding contract between you and Sixth Scents Oils, LLC. You must agree to and accept all of the Terms, or you will not have the right to use the Services. Your using the Services in any way means that you agree to all of these terms which will remain in effect while you use the Services. These terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy.
Will these Terms ever change?
We are always trying to improve our product and services, so these terms may be required to change along with any service changes. We reserve the right to change the terms at any time, but if we do, we will bring it to your attention by placing a notice on the SixthScentsOils.com website, by sending you an email, or by some other means.
If you do not agree with the new terms, you are free to reject them; however, that will mean that you will no longer be able to use the Services. If you use the Services in any way after a change to the terms is effective, that means you agree to all of the changes.
Aside from the changes described here, no other amendment or modification of these terms will be effective unless in writing and signed by both us and you.
What about my privacy?
Sixth Scents takes the privacy of its users very seriously. You may view the current Sixth Scents Privacy Policy here.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 13, we will delete that information as soon as possible. If you believe that a child under 13 may have provided us with personal information, please contact us at [email protected].
What are the basics of using Sixth Scents?
You will be required to sign up for an account, and select a password and username (“Sixth Scents User ID”). You promise to provide us with accurate, complete, and updated information about yourself. You may not select as your Sixth Scents User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you have received your parent’s or guardian’s permission to use the Services and they agree to these terms on your behalf). If you’re agreeing to these terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these terms on that organization or entity’s behalf and bind them to these terms.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
Your use of the Services is subject to the following these additional restrictions:
You represent, warrant, and agree that you will not contribute any content or user submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else.
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your Sixth Scents account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or content.
(i) Copies or stores any significant portion of the content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights within Sixth Scents? The materials displayed, performed, or available through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, user submissions, and so forth (all of the foregoing, the “content”) are protected by copyright and other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any content not owned by you, (i) without the prior consent of the owner of that content or (ii) in a way that violates someone else’s (including Sixth Scents’) rights.
You understand that Sixth Scents owns the Services. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, or otherwise exploit any of the services.
The Services may allow you to share certain content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply.
Do I have to grant any licenses to Sixth Scents or to other users? Anything you post, upload, share, store, or otherwise provide through the Services, such as any text, photographs, ideas, comments, suggestions, or other content, is your “user submission.” Some user submissions are viewable by other users. In order to display your user submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those user submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to user submissions that are also your personally-identifiable information.
For all user submissions, you hereby grant Sixth Scents a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer), copy, distribute, display, publish, perform, sell transmit, create derivative works and otherwise act with respect to such user submissions, in each case to enable us to operate or improve the Services, as described in more detail below. This is a license only – your ownership in user submissions is not affected. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. You irrevocably waive and agree not to assert any “moral rights,” that you have to prevent us from exploiting the rights granted above.
You also grant us the right to use and display your name, photograph, and any other information that you submit in connection with any Sixth Scents use.
Finally, you understand and agree that Sixth Scents, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your user submissions to conform and adapt those user submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright? You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Sixth Scents, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services? Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you hereby release us from all liability for you having acquired or not acquired content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all content you contribute, in any manner, to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to third party websites or services that are not owned or controlled by Sixth Scents. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Sixth Scents is not responsible for such risks. We encourage you to be aware when you leave the services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
Sixth Scents has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Sixth Scents will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and individuals found on or through the Services, including payment and delivery of goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Sixth Scents shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Sixth Scents is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Sixth Scents, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, and if known by him or her must have materially affected his or her settlement with the debtor."
How do Sixth Scents memberships work? Sixth Scents offers subscription membership plans (“Membership(s)”) pursuant to which you will receive regular shipments of our socially conscious, specially curated lifestyle and other products. We offer multiple payment plans for Memberships; for example, we may offer a monthly or bi-annual payment plan. YOU ACKNOWLEDGE AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE YOUR MEMBERSHIP/ACCOUNT IN ACCORDANCE WITH THESE TERMS. You understand that we will automatically charge your credit card on file for each applicable billing period (depending on which payment plan you’ve selected) until you cancel your Membership. You may cancel your Membership at any time by contacting us at [email protected], or by logging into your account, scrolling down the the subscriptions dashboard, and clicking ‘cancel’ on the right side of the subscription you would like to terminate. Cancellation requests must be received prior to the billing date of the Membership renewal, or else you will be charged for the then-current billing period.
Sixth Scents may, from time to time in its sole discretion, offer certain promotional codes for discounts and other benefits. You may not transfer promotional codes or redeem them for cash, credit, or toward previous purchases. Furthermore, you may not use promotional codes in conjunction with any other offer or promotional discount, and you must redeem promotional codes by the date published, if provided. Lost promotional codes cannot be replaced. You may only use one promotional code. Any promotional program may be terminated or modified by Sixth Scents at any time in its sole discretion. Promotional codes are void where prohibited.
What terms govern my purchase of Memberships, Sixth Scents and other products through the Services? While we will try to give you advance notice of any changes in our pricing and availability, we reserve the right to change our prices, available products, and Memberships at any time. Also, we may occasionally make errors in the stated prices on the Services. If a product’s or Membership’s correct price is inaccurately stated on the Services, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
All sales are final and we do not allow returns on products. If an item is damaged, you may contact us at [email protected] within 90 days of receiving your order. We will then replace the damaged item, depending on our stores availability of that item. If we have insufficient stock to replace that damaged item, you will be awarded store credit for the cost of the single product.
We reserve the right to refuse or limit any orders and Memberships. We may refuse any cancellation requests for products and orders in our sole discretion. We reserve the right to provide substantially similar products to fulfill your order.
Title to your order passes from us to you at the time we deliver your order to the common carrier. We reserve the right to choose any common carrier to ship your order to you. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
You authorize Sixth Scents and its payment processor to charge your payment card for all purchases you make, including automatically during each billing period for your Membership. You are responsible for providing us with complete and accurate personal and payment account information, and for keeping such information up-to-date. We may, in our sole discretion, cancel your payment at any time by providing notice to you through the contact information you have provided us in your account (such as your personal email address) or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from making future payments for any reason, including, without limitation, (a) if you attempt to use the Services in breach of any applicable law or regulation; (b) if we suspect fraudulent, unlawful or improper activity regarding a payment; or (c) if you breach any of these Terms of Use or our Privacy Policy.
Our pricing does not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
Will Sixth Scents ever change the Services? We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What if I want to stop using Sixth Scents? You’re free to do that at any time, by contacting us at [email protected]; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat the information you provide to us after you have stopped using our Services.
Sixth Scents is also free to terminate or suspend access to your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Sixth Scents has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SIXTH SCENTS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SIXTH SCENTS IN CONNECTION WITH THE PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Sixth Scents, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Sixth Scents prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Salt Lake County, Utah, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Salt Lake County, Utah, or the Northern District of Utah. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND SIXTH SCENTS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Sixth Scents may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Sixth Scents agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Sixth Scents, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Sixth Scents, and you do not have any authority of any kind to bind Sixth Scents in any respect whatsoever. You and Sixth Scents agree there are no third party beneficiaries intended under these Terms.
Sale of Sixth Scents products through 3rd party sites (Amazon.com, eBay, etc.) is not authorized or permitted. Sixth Scents reserves the right to not sell or supply any products to any Reseller that is found to be selling Sixth Scents products on third party-facilitated sites.
To protect the Sixth Scents trademarks and trade name all parties must obtain the Company’s written permission prior to use in any advertising (including but not limited to the Internet) or literature other than Company-published material.
All pictures and publications are registered trademarks of Sixth Scents. No material or any other portions of this website may be copied, duplicated or reproduced without written consent. All advertising, promotions, special packaging and/or prices are subject to change without prior notice.
All material provided on Sixth Scents website is provided for educational purposes only. Consult your own physician regarding the applicability of any opinions or recommendations with respect to your symptoms or medical condition. Essential oils are not intended to diagnose, treat, cure or prevent any disease.
Your use of this website is at your own risk. Neither Sixth Scents, nor any other party involved in the creation of this site is liable for any direct, incidental, consequential, or indirect damages arising out of your access to or use of this website. Sixth Scents also assumes no responsibility and shall not be liable for, any viruses that may infect, or any other damages to your computer equipment or other property on account of your access to and use of this site. Any and all communication or material you transmit to Sixth Scents via the website by electronic mail or otherwise will be treated in accordance with our privacy policy.
Sixth Scents has not reviewed all of the sites linked to this website and is not responsible for the content of any other pages, lists, or any other sites linked to Sixth Scents website. Your linking to any other off-site pages or other sites is done entirely at your own risk.
Sixth Scents may at any time revise this statement by updating this posting. You are bound by such revisions and should therefore visit this page periodically to review the current legal conditions to which you are bound.
Collectors Club Membership. Sixth Scents reserves the right to reject applications for membership; to revoke, cancel, or suspend any Program membership, reward, and/or any and all unredeemed credit; or take other actions at its discretion, at any time, with immediate effect and without written notice or liability to any Member, if Sixth Scents believes: a) the Member has (1) violated any of the Terms and Conditions or rules, (2) failed to pay any bills or accounts due to Sixth Scents, (3) acted in a manner inconsistent with applicable law, regulations, or ordinances, (4) engaged in any misconduct or wrongdoing in connection with the Program, or (5) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Program, Sixth Scents b) Sixth Scents's provision of the Program and/or any associated benefits to Member may violate any applicable laws to which Sixth Scents is subject from time to time.
Reservation of Rights. Nothing in these Terms and Conditions will limit Sixth Scents from exercising any legal rights or remedies that it may have.
Interpretation of Rules. Sixth Scents has the sole discretion to interpret and apply these Terms and Conditions, and any rules promulgated in relation to the Program, and all questions or disputes regarding them will be resolved by Sixth Scents in its sole discretion.
General. Headings are for reference purposes only and do not limit the scope or extent of such section. These terms and conditions and the relationship between you and Sixth Scents will be governed by the laws of the State of California without regard to any conflict of law provisions. You and Sixth Scents agree to submit to the personal jurisdiction of the federal and state courts located in the State of Utah with respect to any legal proceedings that may arise in connection with these Terms and Conditions. The failure of Sixth Scents to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign your Rewards Program status or credits to any other party.
Terms of Use
Effective date: October 18th, 2019
Welcome to SixthScentsOils.com. In the following you will learn the rules and restrictions that govern your use of our website, products, services and applications. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@sixthscentsoils.com
These Terms of Use are a binding contract between you and Sixth Scents Oils, LLC. You must agree to and accept all of the Terms, or you will not have the right to use the Services. Your using the Services in any way means that you agree to all of these terms which will remain in effect while you use the Services. These terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy.
Will these Terms ever change?
We are always trying to improve our product and services, so these terms may be required to change along with any service changes. We reserve the right to change the terms at any time, but if we do, we will bring it to your attention by placing a notice on the SixthScentsOils.com website, by sending you an email, or by some other means.
If you do not agree with the new terms, you are free to reject them; however, that will mean that you will no longer be able to use the Services. If you use the Services in any way after a change to the terms is effective, that means you agree to all of the changes.
Aside from the changes described here, no other amendment or modification of these terms will be effective unless in writing and signed by both us and you.
What about my privacy?
Sixth Scents takes the privacy of its users very seriously. You may view the current Sixth Scents Privacy Policy here.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 13, we will delete that information as soon as possible. If you believe that a child under 13 may have provided us with personal information, please contact us at [email protected].
What are the basics of using Sixth Scents?
You will be required to sign up for an account, and select a password and username (“Sixth Scents User ID”). You promise to provide us with accurate, complete, and updated information about yourself. You may not select as your Sixth Scents User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you have received your parent’s or guardian’s permission to use the Services and they agree to these terms on your behalf). If you’re agreeing to these terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these terms on that organization or entity’s behalf and bind them to these terms.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
Your use of the Services is subject to the following these additional restrictions:
You represent, warrant, and agree that you will not contribute any content or user submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else.
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your Sixth Scents account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or content.
(i) Copies or stores any significant portion of the content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights within Sixth Scents? The materials displayed, performed, or available through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, user submissions, and so forth (all of the foregoing, the “content”) are protected by copyright and other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any content not owned by you, (i) without the prior consent of the owner of that content or (ii) in a way that violates someone else’s (including Sixth Scents’) rights.
You understand that Sixth Scents owns the Services. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, or otherwise exploit any of the services.
The Services may allow you to share certain content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply.
Do I have to grant any licenses to Sixth Scents or to other users? Anything you post, upload, share, store, or otherwise provide through the Services, such as any text, photographs, ideas, comments, suggestions, or other content, is your “user submission.” Some user submissions are viewable by other users. In order to display your user submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those user submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to user submissions that are also your personally-identifiable information.
For all user submissions, you hereby grant Sixth Scents a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer), copy, distribute, display, publish, perform, sell transmit, create derivative works and otherwise act with respect to such user submissions, in each case to enable us to operate or improve the Services, as described in more detail below. This is a license only – your ownership in user submissions is not affected. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. You irrevocably waive and agree not to assert any “moral rights,” that you have to prevent us from exploiting the rights granted above.
You also grant us the right to use and display your name, photograph, and any other information that you submit in connection with any Sixth Scents use.
Finally, you understand and agree that Sixth Scents, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your user submissions to conform and adapt those user submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright? You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Sixth Scents, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services? Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you hereby release us from all liability for you having acquired or not acquired content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all content you contribute, in any manner, to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to third party websites or services that are not owned or controlled by Sixth Scents. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Sixth Scents is not responsible for such risks. We encourage you to be aware when you leave the services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
Sixth Scents has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Sixth Scents will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and individuals found on or through the Services, including payment and delivery of goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Sixth Scents shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Sixth Scents is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Sixth Scents, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, and if known by him or her must have materially affected his or her settlement with the debtor."
How do Sixth Scents memberships work? Sixth Scents offers subscription membership plans (“Membership(s)”) pursuant to which you will receive regular shipments of our socially conscious, specially curated lifestyle and other products. We offer multiple payment plans for Memberships; for example, we may offer a monthly or bi-annual payment plan. YOU ACKNOWLEDGE AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE YOUR MEMBERSHIP/ACCOUNT IN ACCORDANCE WITH THESE TERMS. You understand that we will automatically charge your credit card on file for each applicable billing period (depending on which payment plan you’ve selected) until you cancel your Membership. You may cancel your Membership at any time by contacting us at [email protected], or by logging into your account, scrolling down the the subscriptions dashboard, and clicking ‘cancel’ on the right side of the subscription you would like to terminate. Cancellation requests must be received prior to the billing date of the Membership renewal, or else you will be charged for the then-current billing period.
Sixth Scents may, from time to time in its sole discretion, offer certain promotional codes for discounts and other benefits. You may not transfer promotional codes or redeem them for cash, credit, or toward previous purchases. Furthermore, you may not use promotional codes in conjunction with any other offer or promotional discount, and you must redeem promotional codes by the date published, if provided. Lost promotional codes cannot be replaced. You may only use one promotional code. Any promotional program may be terminated or modified by Sixth Scents at any time in its sole discretion. Promotional codes are void where prohibited.
What terms govern my purchase of Memberships, Sixth Scents and other products through the Services? While we will try to give you advance notice of any changes in our pricing and availability, we reserve the right to change our prices, available products, and Memberships at any time. Also, we may occasionally make errors in the stated prices on the Services. If a product’s or Membership’s correct price is inaccurately stated on the Services, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
All sales are final and we do not allow returns on products. If an item is damaged, you may contact us at [email protected] within 90 days of receiving your order. We will then replace the damaged item, depending on our stores availability of that item. If we have insufficient stock to replace that damaged item, you will be awarded store credit for the cost of the single product.
We reserve the right to refuse or limit any orders and Memberships. We may refuse any cancellation requests for products and orders in our sole discretion. We reserve the right to provide substantially similar products to fulfill your order.
Title to your order passes from us to you at the time we deliver your order to the common carrier. We reserve the right to choose any common carrier to ship your order to you. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
You authorize Sixth Scents and its payment processor to charge your payment card for all purchases you make, including automatically during each billing period for your Membership. You are responsible for providing us with complete and accurate personal and payment account information, and for keeping such information up-to-date. We may, in our sole discretion, cancel your payment at any time by providing notice to you through the contact information you have provided us in your account (such as your personal email address) or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from making future payments for any reason, including, without limitation, (a) if you attempt to use the Services in breach of any applicable law or regulation; (b) if we suspect fraudulent, unlawful or improper activity regarding a payment; or (c) if you breach any of these Terms of Use or our Privacy Policy.
Our pricing does not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
Will Sixth Scents ever change the Services? We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What if I want to stop using Sixth Scents? You’re free to do that at any time, by contacting us at [email protected]; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat the information you provide to us after you have stopped using our Services.
Sixth Scents is also free to terminate or suspend access to your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Sixth Scents has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SIXTH SCENTS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SIXTH SCENTS IN CONNECTION WITH THE PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Sixth Scents, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Sixth Scents prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Salt Lake County, Utah, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Salt Lake County, Utah, or the Northern District of Utah. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND SIXTH SCENTS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Sixth Scents may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Sixth Scents agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Sixth Scents, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Sixth Scents, and you do not have any authority of any kind to bind Sixth Scents in any respect whatsoever. You and Sixth Scents agree there are no third party beneficiaries intended under these Terms.
Sale of Sixth Scents products through 3rd party sites (Amazon.com, eBay, etc.) is not authorized or permitted. Sixth Scents reserves the right to not sell or supply any products to any Reseller that is found to be selling Sixth Scents products on third party-facilitated sites.
To protect the Sixth Scents trademarks and trade name all parties must obtain the Company’s written permission prior to use in any advertising (including but not limited to the Internet) or literature other than Company-published material.
All pictures and publications are registered trademarks of Sixth Scents. No material or any other portions of this website may be copied, duplicated or reproduced without written consent. All advertising, promotions, special packaging and/or prices are subject to change without prior notice.
All material provided on Sixth Scents website is provided for educational purposes only. Consult your own physician regarding the applicability of any opinions or recommendations with respect to your symptoms or medical condition. Essential oils are not intended to diagnose, treat, cure or prevent any disease.
Your use of this website is at your own risk. Neither Sixth Scents, nor any other party involved in the creation of this site is liable for any direct, incidental, consequential, or indirect damages arising out of your access to or use of this website. Sixth Scents also assumes no responsibility and shall not be liable for, any viruses that may infect, or any other damages to your computer equipment or other property on account of your access to and use of this site. Any and all communication or material you transmit to Sixth Scents via the website by electronic mail or otherwise will be treated in accordance with our privacy policy.
Sixth Scents has not reviewed all of the sites linked to this website and is not responsible for the content of any other pages, lists, or any other sites linked to Sixth Scents website. Your linking to any other off-site pages or other sites is done entirely at your own risk.
Sixth Scents may at any time revise this statement by updating this posting. You are bound by such revisions and should therefore visit this page periodically to review the current legal conditions to which you are bound.
Collectors Club Membership. Sixth Scents reserves the right to reject applications for membership; to revoke, cancel, or suspend any Program membership, reward, and/or any and all unredeemed credit; or take other actions at its discretion, at any time, with immediate effect and without written notice or liability to any Member, if Sixth Scents believes: a) the Member has (1) violated any of the Terms and Conditions or rules, (2) failed to pay any bills or accounts due to Sixth Scents, (3) acted in a manner inconsistent with applicable law, regulations, or ordinances, (4) engaged in any misconduct or wrongdoing in connection with the Program, or (5) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Program, Sixth Scents b) Sixth Scents's provision of the Program and/or any associated benefits to Member may violate any applicable laws to which Sixth Scents is subject from time to time.
Reservation of Rights. Nothing in these Terms and Conditions will limit Sixth Scents from exercising any legal rights or remedies that it may have.
Interpretation of Rules. Sixth Scents has the sole discretion to interpret and apply these Terms and Conditions, and any rules promulgated in relation to the Program, and all questions or disputes regarding them will be resolved by Sixth Scents in its sole discretion.
General. Headings are for reference purposes only and do not limit the scope or extent of such section. These terms and conditions and the relationship between you and Sixth Scents will be governed by the laws of the State of California without regard to any conflict of law provisions. You and Sixth Scents agree to submit to the personal jurisdiction of the federal and state courts located in the State of Utah with respect to any legal proceedings that may arise in connection with these Terms and Conditions. The failure of Sixth Scents to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign your Rewards Program status or credits to any other party.
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The statements contained herein have not been evaluated by the Food and Drug Administration. Neither Sixth Scents nor its products are intended for the purpose of diagnosing, treating, curing, or preventing any disease. If you are pregnant, nursing, taking medication, or have a medical condition, consult your physician before using these products. Sixth Scents essential oils are intended for topical use only. For internal use always work with a certified aromatherapist or physician.