Effective September 29, 2025

THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THIS TERMS OF SERVICE PRIOR TO ACCESSING OUR WEBSITE OR PURCHASING OUR PRODUCTS. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE READ THESE TERMS, THE ARBITRATION PROVISION, AND THE CLASS ACTION WAIVER SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.

Section 1 – Introduction & Consent to Terms

Welcome to Scentiment, LLC, a Delaware limited liability company (referred to herein as “Scentiment”, “we”, “us”, or “our”) Terms of Service (referred to herein as the “Terms”). Scentiment offers a variety of home aromatherapy and scenting products, more particularly found on our Website (as defined below) (referred to herein as our “Products”)

These Terms apply to all users of our website, https://www.Scentiment.com/ (our “Website”) and customers who purchase our Products (herein “you”, “your”, “user”, or “customer”). By using our Website or purchasing our Products, you agree to be bound by these Terms. If you do not agree to these Terms, we ask that you please not use our Website or purchase any of our Products. Your use of our Website or purchase of our Products constitutes explicit acceptance of these Terms.

By agreeing to these Terms, you also agree to our Scentiment Privacy Policy (https://www.Scentiment.com/policies/privacy-policy), Return and Refund Policy (https://www.Scentiment.com/policies/refund-policy), and Shipping Policy (https://www.Scentiment.com/policies/shipping-policy), each of which is expressly incorporated by reference herein and agreed to by you when agreeing to these Terms.

We reserve the right to modify the contents of these Terms at any time. Any modification to these Terms will be notated at the top of these Terms. By continuing to use our Website, you agree to be bound by amended versions of these Terms. When you purchase our Products, you will be agreeing to the most up to date version of these Terms.

You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, or such similar links as may be designated by Scentiment to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR PRODUCTS OFFERED BY Scentiment. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Section 2 – Medical Disclaimers

Our Products are not intended to diagnose, treat, cure, or prevent any disease, medical condition, or health issue. All information, recommendations, or insights of any kind on our Website, our social media pages, or any other platforms that we own and operate are being provided for general information purposes only and is not medical advice. Only a doctor should be providing medical advice.

Scentiment’s aromatherapy oils and other scenting products are not evaluated or approved by the Food and Drug Administration (the “FDA”) or any other regulatory body for medicinal purposes. Our Products are sold as consumer goods for personal use. You should not rely on these products for medical purposes.

Our Products may contain ingredients or materials that could cause allergic reactions in some individuals. You are responsible for reviewing product ingredients and consulting with a healthcare professional to ensure the products are safe for your use. If you have an allergic, sensitivity, or other reaction to our Products, you should stop using our Products and consult with a licensed medical professional. Scentiment is not liable for any adverse reactions, including allergic reactions, resulting from the use of our Products.

Diffused aromatherapy oils may affect children, pets, or individuals with respiratory conditions (e.g., asthma) or sensitivities. Users should consult a qualified healthcare or veterinary professional before using our Products in environments with children, pets, or sensitive individuals. Scentiment is not liable for any adverse effects resulting from such use.

The effects of aromatherapy oils vary by individual and are not guaranteed. Any descriptions of potential benefits (e.g., relaxation, mood enhancement, calming, or otherwise) are based on general experiences and should not be interpreted as promises of specific outcomes. Scentiment makes no warranties regarding the efficacy of its products for any particular purpose. 

Scentiment is not responsible for any health-related decisions made based on the use of our Products. Reliance on any information provided by Scentiment is solely at your own risk.

 

Section 3 – Eligibility

Access to and use of our Website or Products is not meant to be used by anyone under the age of eighteen (18( and we do not target persons under this age for our Products. By using our Website or purchasing our Products, you represent and warrant that (a) you are at least eighteen (18) years old; and (b) you have the full power and authority to enter into these Terms.

All purchases made through the Website are subject to our acceptance. This means that we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. By purchasing our Products, you further represent and warrant that you are not purchasing our Products for re-sale or distribution. We do not permit the resale of our Products.

When you purchase our Products, you can sign up for a User Account. A “User Account” is your account on our Website, where you are required to provide necessary information about yourself including: your name, age, date of birth, contact information, address (both shipping and billing), payment information, and other personal information required by Scentiment.

You are solely responsible for maintaining confidentiality of your password and account information and are responsible for all activity that takes place on your account. Scentiment shall not, for any reason, be responsible for any use or misuse on your User Account. You are not permitted to give your account information to any third-parties. All purchases of Products on your account are your sole responsibility.

Your use of our Website involves the use of software and access to the internet. These system requirements may change from time to time. You acknowledge and agree that all system or internet requirements for our Products are your sole responsibility.

 

Section 4 – Purchasing Our Products and Orders

Before submitting an order for our Products (referred to herein as an “Order”), you will be shown an Order confirmation screen describing the inclusions of your Order, as well as any applicable charges for taxes and shipping. It is your responsibility to ensure that everything looks as desired, including Products purchased, cost, shipping charges, shipping address, and any other information found within the Order.

We reserve the right, in our sole discretion, to refuse or cancel any order, including after being submitted. If your Order is refused or canceled after you have been charged, we will issue you a full refund.

We also reserve the right to alter or amend pricing of Products listed on our Website, with or without notice. If you have purchased our Products for a lower price than is currently reflected on our Website, we have no obligation to honor our previous price. Only prices listed on our Website at the time of purchase are active. 

We cannot guarantee that the Products you order will be exactly as they appear or are described on our Website. You acknowledge and agree that the photos shown on our Website are display photos and that the Products contained within your Order will vary from the photos shown on our Website. You also acknowledge and agree that our description of scents and your experience may differ from person to person.

Section 5 – Shipping Policy

Our full shipping policy is found here - https://www.scentiment.com/policies/shipping-policy.

We ship Orders to the address provided by the customer, please make sure that you’re using your correct shipping address. Address changes can only be made before our shipping team has shipped out your Order. You will receive an email notification once your Order has been shipped. Please double check that your ship to address is correct.

Once the package has been picked up by UPS or USPS, it is the responsibility of the carrier to deliver the package. Please refer to the tracking number provided in the shipping confirmation email for details about your shipment and proof of delivery.

Our Products will be delivered to you by a third-party delivery company (like USPS or FedEx) and since the shipping of your Order can be impacted by many events beyond our control, we will not be responsible or liable for any damages, costs, or similar arising out of delivery of Products after the expected delivery date. All dates provided for shipping are estimates only.

In addition, since our Products will be delivered to you by a third-party delivery company (like USPS or FedEx), risk of loss on your Products transfers to you when your Products are delivered to the third-party delivery company location or when the third-party delivery company physically picks up your Order from our location. This means that when we drop your Products off at USPS or FedEx or when USPS or FedEx physically picks up your Order, title passes to you then and our obligation to replace your Order due to error, loss, damage, or otherwise are then relinquished, subject to your purchase of Protect+ Package Protection (as defined below). Since these third-party companies are not connected to Scentiment and are independent third-parties, we will not be responsible or liable for any damages, costs, or similar arising out of damage or loss that result from the shipment of your Order, unless the issue was caused by Scentiment (for example: shipping then incorrect products), subject to your purchase of the Protect+ Package Protection.

By providing your email address and/or cell phone number you hereby authorize Scentiment and/or our affiliates, agents, and related parties to send shipping confirmation and updates, and customer services inquiries about your order. Data and message rates may apply. 

Orders placed on weekends or holidays may experience delays.

Section 6 – Inspection and Product Acceptance

Inspection and Acceptance. Upon delivery of any Scentiment Products, you agree to inspect the Products immediately for defects, damage, or material nonconformity with the product description. If you identify any such issue, you must notify Scentiment in writing at support@scentiment.com within fourteen (14) calendar days from the date of delivery. Failure to provide timely written notice within this period will result in the Products being deemed accepted, and your remedies will be limited to those available under Scentiment’s warranty policy. For details on our return process, please refer to our return policy at https://www.scentiment.com/policies/refund-policy.

Right to Cure. In the event of a claimed defect, damage, or material nonconformity, you agree to participate in Scentiment’s troubleshooting process to diagnose the issue. Scentiment reserves the right to repair or replace the Product at its discretion before processing any refund request. Refusal to complete the troubleshooting process or to accept a repaired or replacement Product may limit your remedies to those available under Scentiment’s warranty coverage.

Return Authorization Required. All returns require a Return Merchandise Authorization (“RMA”) issued by Scentiment. To request an RMA, contact support@scentiment.com within the 14-day inspection period. Products returned without a valid RMA, outside the applicable return window, or used beyond a reasonable amount for trial purposes may be refused or subject to restocking fees, at Scentiment’s sole discretion.

Condition of Returns. Returned diffusers must include all original accessories, components, and packaging in good condition. Aromatherapy oils must be returned sealed and unused, except in cases of a verified leak or defect reported within the 14-day inspection period. Products not meeting these conditions may be refused or subject to restocking fees.

Preference vs. Defect. Fragrance strength, diffusion performance, and aesthetic preferences (e.g., scent intensity or diffuser mist output) are subjective and may vary based on environmental factors, diffuser settings, or personal expectations. Such factors, as well as minor cosmetic imperfections or color variations that do not affect functionality, do not constitute defects under this policy.

Exclusive Remedies. Your sole and exclusive remedies for any defective, damaged, or materially nonconforming Product are, at Scentiment’s discretion: (i) repair of the Product, (ii) replacement of the Product, (iii) a refund upon authorized return of the Product, or (iv) a gift card for subscription-based returns. Refunds will not be issued for Products retained by you. Scentiment’s liability is limited to these remedies, and no other damages or remedies will be available.

Section 7 – Subscription Terms

By enrolling in a subscription for one or more Products (herein a “Subscription”), you expressly acknowledge and agree that your Subscription is continuous until you cancel it or we suspend or terminate your Subscription. 

The cost of a Subscription can be found on our Website at the time of your purchase. Each Subscription is recurrent and will automatically renew without any action by you in accordance with the Subscription you have signed up for. Each Subscription is unique to each Product that you wish to purchase under a Subscription; thus if you enroll in three (3) different subscriptions, each will be bound by the terms of this Section. 

If you want to terminate your Subscription, you are required to contact Scentiment prior to your order being processed by Scentiment. If you cancel your Subscription after your order is processed by Scentiment, you will be responsible for payment of that Subscription. 

IF YOU ARE ENROLLED IN A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL BE CHARGED FOR YOUR SUBSCRIPTION IN ACCORDANCE WITH THE TERMS AND FREQUENCY OF YOUR SUBSCRIPTION. YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT: (I) SCENTIMENT OR OUR THIRD-PARTY PROCESSOR ARE AUTHORIZED TO CHARGE YOU IN ACCORDANCE WITH YOUR SUBSCRIPTION TERM FOR AS LONG AS THE SUBSCRIPTION CONTINUES OR IS MODIFIED CONSISTENT WITH THESE TERMS; AND (II) YOUR SUBSCRIPTION WILL CONTINUE IN PERPETUITY UNLESS CANCELLED OR SUSPENDED. FAILURE TO KEEP A VALID PAYMENT METHOD OR FAILURE TO USE OUR SERVICES DOES NOT CONSTITUTE CANCELLATION OF A SUBSCRIPTION AND YOUR SUBSCRIPTION WILL CONTINUE UNTIL CANCELLED IN ACCORDANCE WITH THESE TERMS.

You are able to cancel your Subscription by providing written notice to us through your account or via email. Oral cancellation is not effective. 

IF YOUR CANCELLATION OCCURS AFTER WE HAVE PROCESSED YOUR ORDER, YOUR CANCELLATION REQUEST WILL BE PROCESSED BEFORE THE NEXT SCHEDULED SUBSCRIPTION TERM. YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGES, INCLUDING TAXES, INCURRED WITH RESPECT TO ANY SUBSCRIPTION PROCESSED PRIOR TO CANCELLATION. UNLESS OTHERWISE AGREED, NO PARTIAL SUBSCRIPTION OR PAYMENT TERMS SHALL BE PERMITTED UNDER THESE TERMS. 

Cancellation does not alter any payment obligations incurred prior to termination. 

Section 8 – Terms of Sale and Payment

Pricing for our Products are shown on our Website at the time of purchase. All prices shown for our Products are shown in U.S. Dollars. Scentiment reserves the right to change prices at any time, with or without notice, prior to your purchase. 

Payments made via credit card are subject to a 3% transaction fee.

When you provide payment information, you represent and warrant that the information you provide is accurate and that you are authorized to use the payment method provided. By providing a credit or debit card, you represent and warrant that you authorize us or our third-party payment processing company to charge your payment method for all charges you incur in connection with your purchase of our Products. You agree that you are responsible to pay for and will pay for all such charges. 

Scentiment honors each state's guidelines concerning sales and use tax, determined by the destination address of your shipment. As you proceed through checkout and confirm your shipping details, any applicable taxes will be calculated on your total merchandise value. Additionally, Order totals at checkout reflect estimated tax. The actual charge to your payment method will reflect all applicable state, local, and county taxes and will be calculated once your order is shipped.

All monies owed are due and payable at the time of purchase. All unpaid monies owed to Scentiment will accrue interest at: (i) three percent (3%) per month, or (ii) the highest amount permitted under applicable law, until paid in full. 

At any time after failure to pay, Scentiment can transfer your invoice, account, and any past-due payments to a collection agency or attorney. If any past-due payments are transferred to a collection agency or attorney, Scentiment shall be entitled to recover all costs and fees in collecting your past-due balance, including all reasonable attorneys’ fees, costs of court, and collection agency fees. 

By purchasing on our Website, you agree not to initiate a chargeback or payment dispute for any reason within 30 business days of your purchase. Instead, you must first contact our support team at support@scentiment.com with your order number, a description of the issue, and any supporting photos/videos. This allows us a fair opportunity to review and resolve your concern directly. This requirement is designed to ensure timely resolution and prevent unnecessary disputes, while not waiving your statutory cardholder rights.

If you charge back a payment made to Scentiment and Scentiment wins the dispute, you agree to pay a five-hundred-dollar ($500.00) administrative fee which is not a penalty but is instead ‘liquidated damages’ based on the estimated time, energy, and costs (labor) required to deal with your chargeback. You agree that these liquidated damages are reasonable and were negotiated by you and agreed to prior to agreeing to these Terms. 

Section 9 – Refund, Return, and Cancellation Policy

Our full return policy is found on our Website at https://www.scentiment.com/policies/refund-policy. 

Please be aware that, unless as expressly set forth herein, we are not obligated you to refund any monies paid as a result of your dissatisfaction with our Products or a desired outcome from using our Products. 

Section 10 – Promotional Terms

Scentiment may offer promotions, discounts, or special offers on our Products from time to time, as advertised on our Website, social media platforms, or other channels. All promotions are subject to the following terms:

• No Guarantee of Availability: Promotions are not guaranteed and may be limited in duration, quantity, or eligibility. Scentiment reserves the right to modify, suspend, or revoke any promotion at any time without prior notice, at our sole discretion, due to factors such as availability, pricing errors, or other circumstances.

• Not an Offer: Promotions do not constitute a binding offer by Scentiment. They are invitations for an offer, and Scentiment is not obligated to honor a promotion unless an order is accepted and confirmed in accordance with our order processing policies.

• Eligibility and Restrictions: Promotions may be subject to specific terms, such as minimum purchase requirements, product exclusions, or geographic limitations. Details will be specified in the promotional materials. Promotions cannot be combined with other offers unless explicitly stated.

• Revocation and Cancellation: Scentiment may cancel or refuse to apply a promotion to any order if the promotion was applied in error, used fraudulently, or does not meet eligibility criteria. In such cases, customers will be notified, and any affected orders may be adjusted or canceled, with applicable refunds issued per our refund policy.

• No Cash Value: Unless otherwise stated, promotions have no cash value and cannot be redeemed for cash, gift cards, or other forms of credit.

Section 11 – Protect+ Package Protection

To provide you with peace of mind with your Order, we offer “Protect+ Package Protection” for an additional charge, as shown to you on your Order confirmation screen. The Protect+ Package Protection is an add-on, can be purchased at the time of placing your Order, and is not included in your Order without opting in. By opting for Protect+ Package Protection, your package is protected against loss or damage during transit.

What the Protect+ Package Protection covers: 

• Damaged in transit; 

• Lost in transit (claim needs to be filed with the shipping provider);

• Stolen (claim needs to be filed with the shipping provider); and 

• Delivered but not received (claim needs to be filed with the shipping provider)

An item is considered “lost” if it is never reported as “delivered,” and if 5 business days have passed since the last tracking status update. A claim must be filed within 15 days of the last tracking update.

What the VIAA Shipping Insurance does not cover:

• Invalid, incorrect, or an error with your shipping address; or 

• Packages marked as delivered. 

If you do not purchase Protect+ Package Protection, if your product is lost, damaged, or otherwise, we will not be responsible for providing you with a new Order, which you will need to re-order, if you would like your Products.

Section 12 – Ownership of Intellectual Property

The contents of our Website are protected by United States and international copyright laws. These materials and other content are owned exclusively by Scentiment or licensed to us. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license, or use for commercial purposes any copyrighted material without our prior written consent. All rights not expressly granted in these Terms are reserved to Scentiment. 

Scentiment and its name, logos, slogans, or otherwise are trademarks or service marks ("Marks") of Scentiment. All rights in these Marks are reserved by Scentiment. You may not use any Scentiment-provided Marks or other logos or graphics, without our prior written consent. 

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of our Website. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license, or commercialize these materials in any manner except in connection with the regular use of our Products, as outlined herein; or (b) modify, reverse engineer, or create any derivative works based upon any of our content or Products.  

Any unauthorized use by you of our content or materials will give us the right to terminate your access to our Website.  

Section 13 – Consent to Receive Electronic Communications

By creating a User Account or purchasing one or more of our Products and providing us your contact information, you explicitly consent to receive marketing and other electronic communications related to your Order, deals, specials, promotions, products, or future products. 

If you agree to subscribe to our mailing list, you will receive our latest news and updates. You may unsubscribe at any time by using the link at the bottom of our emails, by responding “STOP”, or via any of the contact methods listed on our Website.

You are able to terminate this consent in accordance with our Privacy Policy. 

Section 14 – Third Party Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by us. Scentiment has no control over, and assumes no responsibility for, the content, privacy policies, or business practices of any third-party companies or persons. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

By using our Website, you expressly waive Scentiment, our employees, agents, owners, and principals from all liability arising from your use of any content, plans, or services provided by third-parties. 

Section 15 – Community Guidelines

You are prohibited from using our Website or our Products: 

1. for any unlawful purpose; 

2. to solicit others to perform or participate in any unlawful acts; 

3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; or 

4. for any obscene or immoral purpose. 

We reserve the right to terminate your use of our Website for violating any of these community guidelines.

Section 16 – Term & Errors

These Terms will remain active and in full force and effect so long as they are posted on our Website.

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, at any time. 

Section 17 – Your Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding our Products, Website, or our services, generally (“Submissions”) provided by you to us are non-confidential and shall become our sole property. Scentiment shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.

You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Section 18 – Disclaimers

OUR WEBSITE AND OUR PRODUCTS ARE PROVIDED 'AS IS' AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SCENTIMENT AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD PARTY PROVIDERS AND AFFILIATES, EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. 

WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUSTAINED BY YOU AS A RESULT OF USING OUR WEBSITE OR OUR PRODUCTS. 

IF YOU ARE DISSATISFIED WITH OUR PRODUCTS, YOU ARE NOT REQUIRED TO CONTINUE TO USE OUR PRODUCTS. NO PART OF THE PURCHASE PRICE YOU PAY FOR OUR PRODUCTS IS TIED TO YOUR SATISFACTION WITH OUR PRODUCTS, UNLESS EXPRESSLY SET FORTH HEREIN. 

Section 19 – Limitation of Liability

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. 

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT SCENTIMENT RECEIVED IN CONNECTION WITH YOUR PURCHASE OF OUR PRODUCTS. IF YOU HAVE NOT PURCHASED ONE OF OUR PRODUCTS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TEN DOLLARS ($10.00) WHICH YOU AGREE IS A REASONABLE AMOUNT OF MONEY. 

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE, OUR PRODUCTS, OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. 

Section 20 – Indemnification

You agree to defend, indemnify, and hold Scentiment, its agents, employees, directors, officers, owners, etc. harmless for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any claim, action, or demand arising from (i) your use or misuse of our Website or Products; (ii) your breach of these Terms; or (iii) breach of applicable law. 

Section 21 – Arbitration

Any dispute arising out of or relating in any way to your visit to, or use of, the Website, the Products, or any purchase or otherwise related to this Agreement (“Disputes”) shall be submitted to mandatory, binding, confidential arbitration in Miami, Florida, and shall be governed exclusively by the laws of the State of Florida, excluding its conflict of law provisions. 

If a Dispute arises under this Agreement, you agree to contact us at legal@scentiment.com (email). Before formally submitting a Dispute to arbitration, you and Scentiment may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, other than those expressly permitted by these Terms, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in Miami, Florida. Either you or Scentiment may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Except as awarded to the prevailing party, each party to the arbitration shall cover their own costs. 

Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Florida: (i) any dispute, controversy, or claim relating to or contesting the validity of Scentiment’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory or other provisional relief; (iii) any legal action by Scentiment against a non-consumer; (iv) interactions with governmental and regulatory authorities, or (v) your non-payment of any monies owed to Scentiment. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings, or otherwise.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.

You shall have thirty (30) days from the date that you purchase a Product or provide information to the Website to opt out of this arbitration agreement. To opt out of arbitration, you must contact us in writing at legal@scentiment.com (email). If more than thirty (30) days have passed from the date that you purchase a product, you are not eligible to opt-out of arbitration with respect to claims relating to that product. If more than thirty (30) days have passed from the date that you provide information to the website, you are not eligible to opt-out of arbitration with respect to claims relating to the Website.

Section 22 – Class-Action Waiver

To the extent permitted by applicable law, you and Scentiment agree that any dispute arising out of these Terms, our Website, or our Products is personal to you and Scentiment and that any disputes, if any, will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of similar proceeding. 

Unless both you and Scentiment agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Section 23 – California Proposition 65

We make this warning as a result of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, which requires us to inform citizens in California about exposures to certain chemicals. 

WARNING: Products sold on this site may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.

Section 24 – Privacy Policy

Please refer to our Privacy Policy which includes information about how we collect, use, and disclose information about you. Our Privacy Policy can be found here - https://www.scentiment.com/policies/privacy-policy.

In order to operate and provide you with the best customer experience on our Website, Scentiment may collect certain information about you. You acknowledge and agree that when you use our Website, Scentiment may use various automatic means, which include but are not limited to, cookies and web beacons, to collect information about your mobile device, computer, your use of our Website, and your purchase of our Products. 

Most of our information uses relate to our general business purposes which include but are not limited to promotional and marketing purposes, improving our Products, and enhancing your use of our Website. 

Our full Privacy Policy is shown at the bottom of our Website and is incorporated herein by reference as if fully set forth in this Section.  

Section 25 – ADA Accessibility Statement

Scentiment is committed to ensuring that our Website and related products/services are accessible to all users, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA) and other applicable accessibility standards, such as the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. We strive to provide an inclusive digital experience that enables all users to access our services, submit claims, and manage their accounts independently and effectively.

Scentiment has implemented and continues to maintain the following measures to enhance accessibility:

• Compatibility with Assistive Technologies: Our Website is designed to be compatible with screen readers (e.g., JAWS, NVDA), voice recognition software, and other assistive technologies.
• Navigation and Usability: We provide clear navigation, keyboard-accessible controls, and consistent layouts to support users with motor or visual impairments.
• Text and Visual Elements: Our Website uses readable fonts, high-contrast color schemes, and alternative text for images to assist users with visual or cognitive disabilities.
• Form and Claim Submission: Our Website and elements, such as claim submissions and returns/exchanges. are structured to be user-friendly, with clear instructions and accessible input fields for users with diverse abilities.
• Ongoing Testing and Updates: We regularly test our Website and portals for accessibility compliance using automated tools and user feedback, making improvements as needed to maintain WCAG 2.1 Level AA standards.

Some of our services, or part of our services, are offered through third-party merchant websites and e-commerce platforms (e.g., Shopify). While we strive to ensure that our integrated tools (e.g., widgets, APIs, and claim submission portals) meet accessibility standards, Scentiment does not control the accessibility of third-party websites or platforms. We encourage users to contact the respective merchant directly for accessibility concerns related to their website. Scentiment is responsible only for the accessibility of our own Website, as outlined in this statement.

If you encounter any accessibility barriers while using our Website, or if you require alternative formats or accommodations (e.g., large print, audio descriptions, or assistance with claim submissions), please contact our accessibility support team at the email address listed below. When reporting an issue, please provide:

• A description of the accessibility issue.
• The URL or specific page where the issue occurred.
• The device, browser, or assistive technology you are using.
• Your preferred method of communication (e.g., email, phone). We aim to respond to accessibility inquiries within five (5) business days and will work diligently to address your concerns or provide reasonable accommodations.

Scentiment is dedicated to continuously improving the accessibility of our Website. We actively monitor developments in accessibility standards and technologies to ensure our Website and portals remain inclusive. Feedback from users is invaluable in helping us identify and address accessibility gaps, and we encourage you to share your suggestions or concerns with us.

While Scentiment strives to meet WCAG 2.1 Level AA standards, some content or features, particularly those provided by third-party platforms or newly released updates, may not be fully accessible at all times. We are not responsible for accessibility issues on third-party websites or for merchant-specific content outside our control. We disclaim liability for any damages arising from accessibility barriers, except as required by applicable law.

Our full ADA Accessibility Statement can be found at the link on the footer of our Website.

 

Section 26 – General Provisions

Entire Agreement.  These Terms contains the entire agreement between you and Scentiment except for any Products-specific information found on our Website.  

Waiver.  The failure by Scentiment to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of these Terms.

Assignment.  You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under these Terms without Scentiment prior written consent. 

Relationship. Nothing in these Terms shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and Scentiment.

Applicable Law.  These Terms shall be governed by the laws of the State of Florida. 

Severability.  If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.  If an arbitrator or panel of arbitrators finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

 

Section 27 – Questions

Our customer support team is happy to assist you! Reach out to us anytime at support@scentiment.com. We appreciate your trust in Scentiment and look forward to serving you!