Terms & Conditions - Phoenicia Essence

Effective October 1, 2020.

Terms of Use

PHOENICIA ESSENCE INC®, a brand owned by ARIZONA AIR-SCENT® (“Phoenicia Essence”, “Company”, “Our”, “We”, or “Us”), (“Air-Scent”, “us” or “we”) is a developer, manufacturer, and distributor of air freshener and odor control products. By accessing these Terms & Conditions (“Terms”), along with Phoenicia Essence’s PRIVACY POLICY, and SHIPPING & RETURN POLICY, the User agrees to be bound by the Terms of this Site. If you, as User of the Site (“User”, “you” or “your”) do not agree with these Terms, or if you do not agree with the PRIVACY POLICY and SHIPPING & RETURN POLICY, please do not use this Site. By using this Site, you acknowledge that you are 18 years of age or older, or are an emancipated minor, or possess parental guardian consent to use this Site.

ACCEPTANCE OF TERMS & CONDITIONS, PRIVACY POLICY, and SHIPPING & RETURN POLICY: BY ACCESSING AND BROWSING THIS SITE, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTAND, AND ACCEPT TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY AND SHIPPING & RETURN POLICY. AIR-SCENT MAY CHANGE THESE TERMS AND/OR THE PRIVACY POLICY AND SHIPPING & RETURN POLICY SO USERS ARE ENCOURAGED TO VISIT THESE PAGES TO REVIEW THE MOST CURRENT TERMS OF THE PRIVACY POLICY AND SHIPPING & RETURN POLICY. YOUR CONTINUED USE OF THE SITE AFTER NEW OR REVISED TERMS ARE EFFECTIVE INDICATES YOU HAVE READ, UNDERSTAND, AND HAVE AGREED TO THOSE NEW OR REVISED TERMS.

Copyright and Other Proprietary Rights to Content

All of the text, images, trademarks, data, materials, software, databases, designs, and other materials on the Site (“Content”) are protected by copyright laws and may also be protected by other restrictions as well. You are expressly prohibited from copying any protected Content, except for fair use as these terms are defined by the copyright laws. Fair Use includes non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted and subject to the requirements set forth below, Users may use Content from the Site for such purposes. Please note that you are responsible for determining whether your use of Content is fair use under the copyright laws and you are also responsible for responding to any claims that may arise from your use. You understand that even if your use of the Content is fair use as defined by the copyright laws, use of some Content may nevertheless be protected by other proprietary rights such as trademark rights, rights of publicity, rights of privacy, and/or contractual restrictions. By downloading, printing, or otherwise using the Content on this Site, you agree that you will limit your use to fair use and will not violate the copyrights or other proprietary rights of Air-Scent or any other individual or entity.

Trademarks

Many of the names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site, including PHOENICIA ESSENCE® and/or ARIZONA AIR-SCENT®, are registered or unregistered marks of ARIZONA AIR-SCENT®,. The trademarks of third parties may also be displayed on the Site. You may not use any Trademarks displayed on the Site without the express written permission of PHOENICIA ESSENCE® and/or ARIZONA AIR-SCENT® or the third party that owns the Trademark and you acknowledge and agree that nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademarks displayed on the Site. Any unauthorized use of the Trademarks, except as authorized in these Terms, is expressly prohibited.

Links to Third-Party Sites

This Site may provide links to sites that are owned or operated by third parties who have no relationship with PHOENICIA ESSENCE® and/or ARIZONA AIR-SCENT®. We have no control over such Third-Party Sites (“Third-Party Sites”) and cannot guarantee, represent or warrant that the content on those sites is accurate and legal and does not contain viruses or other features that may adversely affect your computer. A link from our Site to a Third-Party Site does not imply a relationship with, or endorsement of, that site. These Third-Party Sites are governed by their own Terms of Use and we encourage you to read those terms if you choose to link to and use these sites.

Disclaimer Of Warranties And Limitation Of Liability

PHOENICIA ESSENCE® and/or ARIZONA AIR-SCENT® disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, copyright ownership, and non-infringement of copyrights or other third-party proprietary rights, arising from your use of the Site or its Content. We do not warrant that the Site will provide continuous, prompt, secure, or error-free service and we assume no liability for any errors or omissions, including the inaccuracy of any Content, or for any damages or losses that you or any third party may incur because of the unavailability of the Site or any portion thereof. PHOENICIA ESSENCE® and/or ARIZONA AIR-SCENT® assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect your computer equipment or other property arising from your use of the Site and its Content.

NEITHER PHOENICIA ESSENCE® and/or ARIZONA AIR-SCENT®, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATED TO USE OF THIS SITE, CONTENT OR PRODUCTS SOLD.

Termination, Modifications and Content Removal

We may, at any time: (a) modify, suspend or terminate the operation of or access to the Site or any portion thereof for any reason; (b) modify or change the Site for any reason; (c) remove or change Content on this Site at any time in our sole discretion; or (d) interrupt the operation of the Site for any reason. Your access to, and use of the Site, may be terminated by you or by us at any time for any reason. Any provision of these Terms of Use which, by its nature should survive, will survive termination of these Terms, including, but not limited to, all obligations relating to your use of the Content and your license to us to use User Content.

Indemnification

You agree to indemnify, defend, and hold PHOENICIA ESSENCE® and/or ARIZONA AIR-SCENT®, its affiliates, directors, officers, employees and agents, harmless from and against all claims, causes of action, expenses, reasonable attorneys’ fees, losses, and damages, arising from or relating to your use of the Site or any of the Content on the Site. We strongly recommend pairing Phoenicia Essence Diffuser and Fragrances together to ensure the optimal performance of diffusers and the best overall customer experience. Failure to do so will be solely at the risk of the user.

Jurisdiction, Venue and Choice of Law

These Terms of Use shall be governed and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use, may only be brought in a federal or state court located in Maricopa County, Arizona and the parties hereby waive any objection that they may have to personal jurisdiction or venue in these courts.

Severability and Waiver

If any provision of these Terms of Use is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. PHOENICIA ESSENCE® and/or ARIZONA AIR-SCENT’s® failure to exercise or enforce any rights or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms & Conditions, PRIVACY POLICY, and SHIPPING & RETURN POLICY are the sole and entire agreement between the parties with respect to the subject matter hereof and replace all prior or contemporaneous understandings or agreements regarding such subject matter.

Reservation of Rights

PHOENICIA ESSENCE® and/or ARIZONA AIR-SCENT® reserves the right to change these Terms and Conditions, PRIVACY POLICY, and SHIPPING & RETURN POLICY at any time and for any reason at its sole discretion. Such changes may be made without notice and are effective immediately upon posting, and continued use of the Site constitutes acceptance of such changes. Users of the Site should visit this page periodically to review the most current Terms of Use.

How to Contact Us

If you have any comments, questions, or concerns regarding these Terms of Use or any Content on the Site, please do not hesitate to contact us at PHOENICIA ESSENCE, INC ®, 15679 N 83rd Way, STE D4, Scottsdale, Arizona 85260 or EMAIL us at customerservice@phoenicicaessence.com.