Introduction
Welcome to our website, Scent Crusher® Bag, Locker, Closet, Tote, Trunk (the “Website”). This Website provides information about our products and services related to odor elimination for hunters and outdoorsmen.
By accessing and using this Website and any services available on this Website, you agree to be bound by these Terms of Use, whether or not you are a registered user. Please read them carefully.
If you do not accept these Terms of Use, you may not access or use this Website or any Content or Services available on this Website.
Definitions
- “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Website.
- “Services” means any services, functions, products or applications offered on or through the Website.
- “Scent Crusher”, “Us” “Our” means the owner of the Website and provider of Services, Scent Crusher LLC.
- “User”, “You”, “Yourself” means any person who accesses or uses this Website or any Services on this Website.
Changes to These Terms
We reserve the right, at Our sole discretion, to modify these Terms of Use at any time without prior notice to You. All amendments will take effect immediately upon posting on the Website. Your continued use of the Website or Services after revisions to the Terms of Use indicates Your consent to be bound by the revised Terms of Use.
You are expected to check this page from time to time so You are aware of any changes, as they are binding on You. If You do not agree to any amended Terms, you must immediately stop using this Website and any Services.
Access and Use of the Website
Permission to Use
We grant You a non-exclusive, non-transferable, limited privilege to access and use this Website and the Services solely for Your personal, non-commercial purposes, subject to these Terms of Use. This authorization is not a transfer of title in the Website or any Content and is subject to the following restrictions:
- You must not copy, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use Content or Services from this Website without explicit permission from Us.
- You must not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit this Website or any of its Content for any commercial purpose without Our express written consent.
- You must not use this Website or any Services for any illegal or unauthorized purpose.
- You must not attempt to gain unauthorized access to or impair any aspect of this Website or its related systems or networks.
Account Registration
In order to access some features or services offered on the Website, you may be asked to register and create an account. When you do so, you agree to provide accurate and complete registration information about yourself. You are solely responsible for any activity that occurs on your account.
You must protect the confidentiality of your username and password at all times and immediately notify us of any unauthorized use of your account. We reserve the right to suspend or terminate your account if you are found violating any of these Terms of Use.
Usage Rules
You must not post or transmit through this Website any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable.
You must not impersonate any other person or entity. You must not misrepresent your affiliation with any other person or entity
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages through or from the Website.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not access or attempt to access accounts that do not belong to you.
Intellectual Property
This Website and its original Content, features and functionality including but not limited to text, graphics, photographs, images, illustrations, software, audio, video and other materials are owned by Us and protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may not modify, publish, transmit, reuse, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website Content or intellectual property, in whole or in part without Our prior written consent.
We reserve the right to immediately remove You from the Website if you are caught violating this intellectual property policy.
Disclaimer of Warranties
You understand and agree that your use of this website and any services or content provided (the “site”) is entirely at your own risk. The site is provided “as is” and “as available” without warranty of any kind, expressed or implied. To the maximum extent permitted by law, scent crusher disclaims any and all warranties, expressed or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, non-infringement, security or accuracy.
Scent crusher does not warrant that the site will meet your requirements; that the site will be available on an uninterrupted, timely, secure, or error-free basis; that the results obtained from the use of the site will be accurate or reliable; that the quality of any services, products, information or other material purchased or obtained by you through the site will meet your expectations; or that any errors in the services or technology will be corrected.
Any material or content downloaded, uploaded or otherwise obtained through the use of the site is accessed at your own discretion and risk. Scent crusher shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of any content or material.
No advice or information, whether written or oral, obtained by you from scent crusher through or from the site shall create any warranty not expressly stated in these terms.
Limitation of Liability
To the maximum extent permitted by law, in no event shall scent crusher be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- The use or the inability to use the services on the site;
- Any defective services;
- The cost of procurement of substitute services or products;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the site;
- Any other matter relating to the site.
In no event shall scent crusher’s total liability to you for all damages, losses, and causes of action exceed the amount you have paid scent crusher in the last 6 months, or, if greater, $100.
Scent crusher assumes no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage resulting from your access to or use of the site;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any user or third party on the site;
- Any unauthorized access to or use of our secure servers and/or any and all personal and/or financial information stored therein;
- Any interruption or cessation of transmission to or from the site;
- Bugs, viruses, trojan horses, or the like which may be transmitted to or through the site;
- Errors or omissions in any content or any loss or damage incurred as a result of the use of any content made available through the site; and/or
- Defamatory, offensive, or illegal conduct of any user or third party.
These limitations shall apply whether the damages arise from use or misuse of and reliance on the site, from inability to use the site, or from the interruption, suspension, or termination of the site. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Indemnification
You agree to indemnify, defend and hold Us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms of Use, and applicable laws, including intellectual property rights and privacy rights.
You shall cooperate as fully as reasonably required in Our defense of any claim. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
External Sites
This Website may contain links to third party websites (“External Sites”). These links are provided solely as a convenience to You and not as an endorsement by Us of the content on such External Sites.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
Termination of Usage
We reserve the right, in Our sole discretion, to terminate your access to all or part of the Website with or without notice for any actual or suspected violation of these Terms of Use or any other inappropriate use of this Website.
All provisions of these Terms of Use which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, disclaimers, and limitations of liability.
Governing Law and Dispute Resolution
These Terms of Use shall be governed in all respects by the substantive laws of the State of Tennessee, without regards to its conflict of law provisions.
In the event of any dispute concerning the Website or these Terms of Use, you agree to attempt to resolve the dispute through good faith negotiations. If such efforts prove unsuccessful, you agree that the courts located within Nashville, Tennessee will have exclusive jurisdiction to adjudicate the dispute.
Severability
If any provision of these Terms of Use is found to be invalid under any applicable law, such invalidity shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
The invalid provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Assignment
This Website and the Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You. We reserve the right to freely assign Our rights under these Terms of Use.
General
No waiver by Us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
These Terms of Use constitute the entire agreement between You and Us with respect to this Website.
Contact
If you have any questions about these Terms of Use, please contact us at:
Scent Crusher LLC
Address: 710 Spirit of St Louis Blvd, Chesterfield, MO 63005, United States
Email: [email protected]