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.
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.
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.
HEALTH BEYOND THE SENSES COPYRIGHT 2020 SIXTH SCENTS ALL RIGHTS RESERVED.
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.