Terms and Usage Conditions
SCOTTÂ FETZER CONSUMERÂ BRANDS TERMSÂ &Â CONDITIONS
- ACCESS TO THE SITE.
By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them to the Website.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
- ACCESSING THE WEBSITE AND ACCOUNT SECURITY.
We reserve the right to withdraw or amend this Website, and any service we provide on the Website, in our sole discretion without notice.Â We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
- ACCEPTABLE USE OF THE SITE.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
In order to use the website, you must obtain access to the World Wide Web directly or through devices that access Web-based content and pay any and all service fees associated with such access.
(a)Â Â Â Â Â Â Use of Website Material.Â The material provided on this Website, including the information and any images incorporated in the website, is for your personal private non-commercial use only. You may not modify, republish, post or transmit anything you obtain from this Website, including anything you download from the website, unless you first obtain our consent.
(b)Â Â Â Â Â Â Security, Cracking and Hacking.Â You are prohibited from violating or attempting to violate the security of the Website.Â Accordingly, you agree not to:Â (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, by means of submitting a virus to the Website, overloading, â€śfloodingâ€ť, â€śmailbombingâ€ť or â€ścrashingâ€ť the Website.Â Violations of system or network security may result in civil or criminal liability.Â SFCB reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.Â You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
(c)Â Â Â Â Â Â Third-Party Intellectual Property Rights.Â Without limiting the foregoing, you may not, and by using the Website you agree not to, use the Website to:Â (i) transmit or post material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit or post material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit or post material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others.Â For purposes of these Terms, the term â€śIntellectual Property Rightsâ€ť means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
(g)Â Â Â Â Â Â Ownership.Â All content and materials on the Site are the property of SFCB and is subject to U.S. and international copyright, trademarks and other proprietary rights and Intellectual Property Rights laws.Â All software used on the Website is the property of SFCB or its licensors and is subject to U.S. and international copyright laws.Â Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Website is permitted except expressly in accordance with these Terms or with the express written permission of SFCB and any other applicable copyright owner.Â You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Website.Â All rights not expressly granted hereunder are expressly reserved to SFCB.
(h)Â Â Â Â Â Minors andÂ Children under 13.Â Â SFCBâ€™s site and services are not for minors or children under 13 years old.Â SFCB does not knowingly solicit data online from, or market online to, minors or children under 13.Â If SFCB knowingly receive a minorâ€™s or a childâ€™s personal information, SFCB will delete it from our systems.
- WARRANTY DISCLAIMER.
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE WEBSITE ARE PROVIDED â€śAS ISâ€ť AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.Â SFCB DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERRORâ€‘FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE WEBSITE AND ACCESS TO THE SITE WILL NOT BE INTERRUPTED, DISCONTINUED OR ERROR-FREE.Â SFCB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
SFCB EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS OR SERVICES FOUND ON THIRD-PARTY SITES THAT LINK TO OR FROM THE WEBSITE.Â SFCB CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES SFCB MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD-PARTY SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS. THEREFORE, THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ALL SUCH WARRANTIES AND CONDITIONS ARE EXCLUDED AND DISCLAIMED TO THE FULL EXTENT PERMITTED BY THE LAW.
- LIMITATION OF LIABILITY.
TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF SFCB, ITS AFFILIATES, LICENSORS OR CONTRACTORS, SHALL SFCB OR ITS AFFILIATES, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF SFCB OR AN AUTHORIZED SFCB REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Â NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL SFCBâ€™ TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100).Â FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SFCB AND ITS SPONSORS, BUSINESS AFFILIATES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THE WEBSITE IN VIOLATION OF THESE TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
- GOVERNING LAW AND ARBITRATION.
The laws of the State of Ohio (excluding any principles of conflicts of laws) govern your use of the Website, the services and these Terms and any Additional Terms.Â Either you or SFCB may elect to arbitrate any claim or dispute relating in any way to these Terms and Additional Terms and if either party so elects the other party agrees to arbitration of the dispute. Â You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Westlake, Ohio under the Arbitration Rules of the American Arbitration Association.Â Each party to the arbitration shall pay its own costs unless the Arbitration Rules require otherwise.Â To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.Â NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURTS LOCATED IN CUYAHOGA COUNTY, OHIO, U.S.A.
- WAIVER AND SEVERABILITY.
Furthermore, no delay or omission by SFCB to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by SFCB.Â If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
E-SIGN AND UNIFORM ELECTRONIC TRANSACTIONS ACT DISCLOSURE AND CONSENT AGREEMENT
This E-Sign and Uniform Electronic Transactions Act Disclosure and Consent Agreement (â€śDisclosure and Consent Agreementâ€ť) is provided in compliance with the Electronic Signatures in Global and National Commerce Act, 15 USC Â§7001, et seq. (â€śE-SIGN Actâ€ť) and the Uniform Electronic Transactions Act, as adopted by the various States.
This Disclosure and Consent Agreement relates to the Website including, without limitation, electronic fund transfers, the use of electronic signatures and the use and storage of â€śelectronic recordsâ€ť as defined in the E-SIGN Act. By consenting to the use of electronic signatures, you agree that SFCB may use electronic signatures in connection with your transaction with us.Â You agree that we may provide you with any and all Communications in electronic format, and that we may discontinue sending paper communication to you, unless you withdraw your consent in accordance with the terms described below.
This policy describes how SFCB delivers communications to You electronically. SFCB may amend this policy at any time by posting a revised version on the Website. The revised version will be effective when posted by SFCB.
- Electronic Delivery of Communications
SFCB will provide Communications to You by posting them on the Website and/or by emailing them to You at the primary email address designated by You.
- Hardware and Software Requirements
In order to access and retain electronic Communications, You will need the following computer hardware and software: a computer with an Internet connection; current â€śweb browserâ€ť that includes 128-bit encryption with cookies enabled; a current version of Adobe Acrobat Reader to open documents in pdf format; a valid email address (the primary email address designated by You in the New Account Form); and sufficient storage space to save past Communications or an installed printer to print them.
By giving Your consent, You are confirming that You have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for Your records. You may print or save a copy of these Communications for Your records as they may not be accessible online later.
- How to Withdraw Your Consent
You have the right to withdraw Your consent at any time. To withdraw consent, You may send a written request (a) by regular mail SFCB 28800 Clemens Rd, Westlake, OH 44145; or (b) by email to cs@SFconsumerbrands.com. We will not impose any fee to process the withdraw.Â However, if consent is withdrawn, SFCB reserves the right to discontinue Your access to the Website, terminate any and all agreements with You, and/or charge You additional fees for paper copies.Â Withdrawing your consent (a) does not change the legal effect, validity, or enforceability of prior electronic disclosures or contracts; and (b) does not prevent you from doing future business online.
- Requesting Paper Copies of Electronic Communications
You should not expect to receive a paper copy of any Communication, unless you request it, or we deem it appropriate to do so.Â If You would like a paper copy of a Communication SFCB previously sent You, You may request a copy by contacting cs@SFconsumerbrands.com. In order for SFCB to send paper copies to You, You must have a current street address on file with SFCB as Your primary mailing address.
- How to Update your Records
You are responsible for keeping Your primary email address on file with SFCB up to date so that we can communicate with You electronically. It is your responsibility to provide us with true, accurate and complete contact information including email and to maintain that information. You understand and agree that ifÂ we sends You an electronic Communication but You do not receive it because Your primary email address on file is incorrect, out of date, blocked by Your Internet service provider, or You are otherwise unable to receive electronic Communications, SFCB still will be deemed to have provided the Communication to You.
If You use a spam filter or other technology that blocks or re-routes emails from senders not listed in Your email address book, You must add SFCB to Your email address book so that You will receive the Communications we sends to You.
You can update you contact information at anytime by reaching out to SFCB by mail at cs@SFconsumerbrands.comS cott Fetzer Consumer Brands 28800 Clemens Rd, Westlake, OH 44145 or by email at .
By consenting to this Disclosure and Consent Agreement, you agree to the following statements: I have read, understand and agree to be bound by the terms and conditions described above and consent to receive electronic Communications according to the process described above.
- Each party agrees to conduct the transaction in electronic form.
- I understand and agree that: (i) certain documents will continue to be delivered to me via U.S. Mail that are not included in the Paperless Statements program and that in the future some or all of these documents may be made available for me to view electronically in accordance with this Disclosure; (ii) my consent to view documents electronically does not automatically expire and is not limited as to duration; (iii) the entity or entities with which I have my Account(s) and/or their agents may revoke my participation in the Paperless Statements program at any time at their discretion; (iv) neither entity or entities with which I have my Account(s), nor their agents will be liable for any loss, liability, cost, expense, or claim for acting upon this authorization or arising from my use of the product or services provided pursuant to this Disclosure; and (v) documents that may be provided along with my account statements contain important information or disclosures concerning my Account and I agree to review such documents in a timely manner.
By clicking “I AGREE,” and giving your consent, you acknowledge that you’ve read and agree to the terms set forth in this Disclosure and Consent. You are also confirming that:
- You have reviewed this Disclosure and Consent
- You have the hardware and software described above and have access to the necessary equipment, and are able to receive, open and view, and print or download a copy of any communication for your records. By your Consent you confirm that you are able to access and view records and documents in HTML format.
- You are able to receive and review electronic records, and
- You have an active email account and the ability to access and view PDF files.
- You are able to print or save a copy of these communications for your records as they may not be accessible online at a later date.
By clicking “I AGREE”, you give your affirmative consent for us to provide you with electronic communications as described in the Disclosure and Consent for the accounts(s) listed above as “paperless.”
Before using the SFCB Services, you will be asked for your agreement to the SFCB Terms and Conditions of Use, including this Consent Agreement, by clicking “Create Account.” This action constitutes your electronic signature and manifests your Consent and agreement to this Agreement.
If you do not provide your Consent, you may not use the SFCB Services and must discontinue your use of the SFCB Services immediately.