Terms of Service

Last Updated on November 10, 2020

Welcome to Scenery Oils, LLC (collectively “Scenery Oils”, “we”, “us”, or “our”) website located at sceneryoils.com and its sub-domains, affiliated sites and associated web pages (the “Site”). Scenery Oils operates and provides services and products through the Site.

Please read these Terms of Services (“Terms”), our Privacy Policy, and any other policies and terms listed on the Site. We certainly understand that these types of documents can be very detailed and heavy - but we kindly request that you read them, so we’ve done our best to keep our relationship clear and simple.

By using our Site, you accept and agree to be bound by these Terms. It is your responsibility to review these Terms periodically. We may revise these Terms at any time without notice to you. If you do not want to agree to be bound by these Terms, do not use the Site. You agree that by using the Site, you are at least 18 years of age.

Privacy

Please note that the terms regulating our use of your personal data are governed by our Privacy Policy.

Shipping & Returns 

Please note that for your convenience, shipping, payment options, taxes, returns and refunds, and claims regarding damaged and lost products are governed by our Shipping & Returns Policy.

Subscription Process 

If you subscribe to receive our products, you will receive a shipment at the frequency you select when you subscribe. You may log into your account and customize your subscriptions at any time. We will charge the recurring subscription price plus applicable taxes and shipping and handling to your default payment method when we ship your first subscription order. You will continue to be charged the subscription price plus applicable taxes and shipping charges at the time of each shipment for all subsequent orders until you choose to cancel or change the shipping frequency of your subscription. You may cancel your subscription(s) at any time. To cancel your subscription(s), you can do so at any time in your account settings. Please note subscriptions cannot be cancelled through contacting us via any of our social media accounts.

Registration and Membership

To register and become a member of our Site, complete the registration form by providing information such as your valid email address and creating a password to register your profile. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.

To register and become a wholesale customer complete the registration form by providing information such as your valid first and last name, email address, phone number, business information, business and professional information.

Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and we have no obligation to investigate the authorization or source of any such access or use of the Site.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

As a registered member of the Site, we may send you emails promoting any special offer(s), as well as monthly newsletters, unless you opt-out at any time either in your account settings, by using unsubscribe buttons in emails you receive from us or by emailing us at info@sceneryoils.com indicating that you would like to unsubscribe from marketing emails.

Using the Site

When accessing the Site, you are responsible for compliance with any applicable local laws. You agree not to use the Site:

• for any purpose that is unlawful under any applicable law or prohibited by these Terms;
• for purposes of promoting unsolicited advertising or sending spam;
• to commit any act of fraud;
• to distribute viruses or malware or other similar harmful software code;
• to promote any unlawful activity.

Intellectual Property

The Site and all intellectual property rights in it including any content that appears on the Site is owned by us. Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents, illustrations, icons, photographs, written materials, the overall “feel and look” of the Site and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).

No portion of the materials on the Site may be reprinted, republished, modified, or distributed in any form without our express written permission. If no permission is given by us to use our intellectual property rights, such use may constitute an infringement of our rights. All other intellectual property used in the Site is the intellectual property of the respective rights holders. Permission to reproduce such material would need to be obtained from the relevant rights holders.

Links or Pointers to Other Sites

The Site may contain hyperlinks or references to third party sites other than the Site. Any such hyperlinks or references are provided for your convenience only. The display of any hyperlink and reference to any third party site does not mean that we endorse that third party's site, products or services. Your use of a third party site is governed by the terms and conditions of that third party site. When you access any third party site, please understand that it is independent from us, we have no control over third party sites and accept no legal responsibility for any content, material or information contained in it.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through any such third party's site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third party sites.

Notice Regarding Medical Advice

THE SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR OTHER PROFESSIONAL SERVICES OR ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE  SITE. 

Warranty Disclaimer

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE RELATED SERVICES, CONTENT, INFORMATION, AND THE PRODUCTS OFFERED ON THE SITE.

Although we attempt to ensure the integrity and accurateness of the Site, we make no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. Your access to, and use of, the Site and services are at your own discretion and risk. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Site may be changed or updated without notice.

Indemnification

You agree to indemnify, defend and hold harmless Scenery Oils, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your identification or password.

Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, LOST PROFIT OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Events Beyond Our Control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident.

Dispute Resolution

If there is a dispute, please contact us as soon as possible. We strive to resolve any disputes with you quickly and efficiently.

We mutually agree that if a dispute arises from or relates directly or indirectly to the subject matter of these Terms and if the dispute cannot be settled within ten (10) days through direct discussions between us, we shall first endeavor to resolve the dispute by immediately participating in a mediation administered by a mediator selected by mutual agreement. Thereafter, if any dispute remains after the mediation, such dispute shall be promptly resolved by binding arbitration.  We mutually agree that this agreement to mediate and arbitrate means that we are relinquishing rights to either a jury trial or court trial for the resolution of any claims that we may have against the other.

Termination

These Terms are applicable to you upon your accessing the Site. We reserve the right to terminate any user’s account for any violation of these Terms. The provisions relating to Intellectual Property, Warranty Disclaimer, Limitation of Liability, Indemnification, Dispute Resolution shall survive any termination of these Terms.

Notice

Any notice given under these Terms or pursuant to law will be sufficient if personally delivered, sent by mail or email. Notifications shall be sent to: