Terms and Conditions
Please print, take time to read and understand the terms and conditions before you start using our website, systems/tools and services.
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
2. Intellectual Property Rights
Other than content you own, which you may have opted to enter/include on this Website, under these Terms, Look & Smell and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website and doing business with Look & Smell.
LookSmell.com’s Website and the Services operated by Look & Smell (the “Company”). “Affiliates” are those persons or entities directly or indirectly controlling, controlled by, or under common control with the Company. One or more patents may apply to this Website. All other third party trademarks, product names, and company names and logos appearing on the Service are the property of their respective owners.
You are expressly and emphatically restricted from all of the following without consent or agreement from Look & Smell:
publishing any Website material in any media;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is, or may be, damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Look & Smell may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to enter/add or display on this Website. With respect to Your Content, by entering/adding, or displaying it, you grant Look & Smell, parent company, partners and subsidiaries a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Look & Smell reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No warranties
This Website is provided “as is,” with all faults, and Look & Smell makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you. We highly suggest always consulting with a specialist or professional the application of any information or material presented on this website and all Look & Smell other properties.
6. Limitation of liability
In no event shall Look & Smell, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Look & Smell, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Look & Smell from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
To facilitate the process and management of your orders, you may create account on our website by registration. However, if we feel that your account is being used for fraudulant activity or may cause disruption to our site/services we reserve the right to suspend access to our site and/or services at any time at our sole discretion.
10. Product Information
We do our best to describe the products we offer as best as we can in a short or long description manner. However, we recommend contacting us if you are not sure of what you are buying from our website for more clarification. We will not be responsible for any inconveniences, loss of any kind concerning the buying of the wrong item on our website.
To better serve our customers who will continually need to buy certain products from us, we have the subscription option for continual or periodical products delivery. We do our best to make sure you don’t miss any delivery. However, we do not guarantee that all the products to be delivered to you periodically will always be available for delivery. After your trial period if any, you will automatically be billed monthly. You may cancel your subscription at any time. You are responsible for the full subscription fee in the monthly billing cycle in which you cancel.
12. Order Changes and Cancellations
When you place an order on our website, make sure all your order information is accurate. We are unable to cancel or modify an order once it has been placed on our website, processed and shipped.
15. Variation of Terms
Look & Smell reserves the right to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Look & Smell reserves the right to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
17. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Look & Smell and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
18. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Virginia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Virginia for the resolution of any disputes.