Terms of Service

 

OVERVIEW 

This website is operated by Nonoses Inc. dba Snif (“Snif,” “we”, “us” and “our”).

By visiting or using our website and any other websites operated by us on which a link to these Terms appear (collectively, the “Site”), purchasing a product from us (“Product”), or using or accessing the services, Products, information and Content (defined below) available or enabled via the Site (“Services”), you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Snif offers the Site, including all information, products and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. 

We reserve the right to update, change or replace any part of these Terms of Service at any time in our sole discretion by posting updates and/or changes to the Site. We will also update the “Effective Date” date at the top of the Terms of Service.   It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ACCOUNT

In order to access certain features of the Service, you may be required to become a Registered User.  For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Site (“Account”). 

In registering an Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You are responsible for all activities that occur under your Account.  You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of your Account by minors.  You may not share your Account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). 

 

SECTION 2 - CONTENT

You acknowledge that all information supplied in and on the Site and Services (“Content”), is the sole responsibility of the party from whom such Content originated.  This means that you are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Site and Services (“Your Content”), and that you and other users are similarly responsible for all Content that you and they Make Available through the Site and Services (“User Content”).

You acknowledge that Snif has no obligation to pre-screen Content (including, but not limited to, User Content), although we reserve the right in our sole discretion to pre-screen, refuse or remove any Content.  By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.  In the event that we pre-screen, refuse or remove any Content, you acknowledge that we will do so for our benefit, not yours.  Without limiting the foregoing, we shall have the right to remove any Content that violates these Terms or is otherwise objectionable.

You agree that Your Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of Your Content. You are solely responsible for Your Content, including the accuracy thereof. We take no responsibility and assume no liability for Your Content, or the content of any third-party.

SECTION 3 – IP OWNERSHIP

Except with respect to Your Content and User Content, you agree that Snif and its suppliers own all rights, title and interest in the Site, Content, Products and Services.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Site, Services, Product or Content.

Snif’s trademarks, Product names, and all related graphics, logos, service marks and trade names used on or in connection with the Site or Services are the trademarks of Snif and may not be used without permission in connection with your or any third-party products or services.  

You grant snif a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, host, display, publish, license, distribute, reproduce, modify and adapt Your Content (in whole or in part) for the purposes of operating, providing, developing and improving the Site and Services. You are responsible for all of Your Content that you Make Available on or through the Site and Services.  

You hereby grant to Snif  a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all ideas, suggestions, documents, and/or proposals you make to Snif regarding our Site, Services or Products.

SECTION 4 – USER CONDUCT/RESTRICTIONS

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. Further, you agree that you will not, under any circumstances (i) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in connection with the Site; (ii) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Site or Services (including your Account), or access to or use of the Site or Services; (iii) use the Site or Services or any part thereof for any commercial purpose, including, but not limited to, communicating or facilitating any commercial advertisement or solicitation; (iv) engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise) in connection with the Site or Services; or (v) Market any goods or services for any business purposes on or in connection with any of the Site or Services.

A breach or violation of any of the Terms will result in an immediate termination of your access to the Services and/or the Site. 

SECTION 5 – ORDERS; RETURNS

You may place an order for a Product through our Site (an “Order”).  When you place an Order, we will confirm your address by sending an email to the email address you have provided. Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. Your Order will be deemed accepted by us upon our delivery of the Products that you have ordered. All Products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the Products passes to you when we provide the Product(s) to a common carrier. Any estimated shipping date provided by is based on Product availability and payment processing time, and does not include transit time. For any reason, we may decline to accept your Order or any part of your Order. If some of the Products in your Order are temporarily out of stock, we will ship the available Products only and notify you of any Products that cannot be fulfilled. If we decline to accept your Order, we will attempt to notify you at the email address you provided. We further reserve the right any time after receipt of your Order, without prior notice to you, to supply less than the quantity you ordered of any item.  If any Product is discontinued or otherwise becomes unavailable, Snif reserves the right to cancel your order and provide you a refund for the amount paid for the Product.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include Orders placed by or under the same Account, the same credit card, and/or Orders that use the same billing and/or shipping address.

You may request a refund for Products in accordance with our return policy found here.  

You acknowledge that the Site is only intended to be used to purchase products for personal, non-commercial use. Products sold on the Site are not authorized for resale. Snif reserves the right to decline any Order that we deem to possess characteristics of reselling or that in our sole discretion, appear to be placed by dealers, resellers or distributors.

SECTION 6 – PAYMENT; SUBSCRIPTIONS

To place an Order, you will need to provide Snif with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such Order. You may pay for your Order via credit card or any other manner then available on the Site, including but not limited to through PayPal, ShopPay, Google Pay or Venmo (each, a “Payment Provider”). By submitting your payment information to us, you authorize us to charge the applicable Payment Provider at our convenience. You represent and warrant that you will not use any Payment Provider unless you have all necessary authorization to do so. We assume that because Orders require a valid credit card, only persons age 18 or over are placing Orders, and providing us with the information requested during the Order process. We shall not be liable in the event minors or others acting with or without your permission use your credit card or other means of payment to make purchases on the Site (and to the extent minors make any such purchases, you hereby represent and warrant that they are authorized to do so); however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.

You agree to provide current, complete and accurate purchase and account information for all Orders. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

Snif offers some Products as automatically-renewing subscriptions, e.g., a delivery every month, every 3 months, every 6 months week, etc. Subscriptions will be automatically shipped to you in the quantities and at the cadence you’ve selected.  Once you have selected an automatic subscription, you can manage your preferences, such as delivery cadence and product quantity, by going to your Account. 

You will receive an email reminding you of your upcoming shipment(s) [3 days] prior to shipment. This email will provide you with a deadline to make any changes to the upcoming Order.

YOU MUST AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION BEFORE THE DEADLINE PROVIDED IN THE EMAIL REMINDER OR YOUR NEXT SHIPMENT WILL AUTOMATICALLY OCCUR AND YOU WILL BE CHARGED.

If you wish to cancel you subscription, you may cancel at any time by going your Account. By enrolling in a subscription, you authorize Snif to automatically charge the designated prices for the applicable Products to the payment method we have on file on a recurring basis as selected by you unless and until you modify or cancel your subscription as provided herein. Taxes may apply on Products ordered through your subscription; these will be displayed with your Order.

Our Site is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our Products to you, and provide payment services to us (e.g., credit card transaction processing, merchant settlement and related services). By purchasing any Product, you agree to be bound by Shopify’s Payments Terms of Use, available at https://www.shopify.com/legal/terms-payments-us and Privacy Policy available at https://www.shopify.com/legal/privacy. You hereby consent to provide and authorize Snif and Shopify to share any information and payment instructions you provide to the minimum extent required to complete payment transactions.

We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site or via communications sent directly to you. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Promotional offers may not be available in your jurisdiction.

SECTION 7 - PRODUCTS OR SERVICES

Prices for our products are subject to change without notice. 

Certain Products or Services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, available here. 

We have made every effort to display as accurately as possible the colors and images of our Products. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of our Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Services made on this Site is void where prohibited. 

We do not warrant that the quality of any Products, Services, Content, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected. We are not responsible for fires caused by use of our products. We shall have no liability or responsibility for, and you agree to indemnify, defend and hold us and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors  harmless from, any liability, claims or damages relating directly or indirectly to any use of any of our products, including but not limited to  candles, and any property damage, bodily injury, death or other incident(s) resulting therefrom. Please be mindful while any candle is lit and be sure to properly care for any candle before and after use. When burning any candle, it should be placed on a flat, heat-resistant surface. On first burn of a candle, allow the entire surface of wax to melt for 2-3 hours. Limit each burn to a maximum length of 4 hours and always make sure the candle is lit in a ventilated room away from flammable items. Between burns, trim the candle wick to 1/4" before lighting. This will help reduce smoke, maximize burn time, and reduce mushrooming. For your safety, keep candle wax free of debris. Never leave a lit candle unattended and do not place the lid on your candle when lit. Keep candles out of reach of children and pets. 

SECTION 8 - THIRD-PARTY LINKS 

Certain Content, Products and Services available via the Site may include materials from third-parties. 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the Content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - PRIVACY POLICY 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here. 

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to our Product, Product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order). 

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. 

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

You understand and agree that to the extent permitted by applicable law, your use of the Site, Services and Products is at your sole risk and are provided “as is” and “as available”. Snif expressly disclaims all warranties, representations or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Snif makes no warranty, representation or condition that (1) the Services or Products will meet your expectations or requirements; (2) the Content on the Services are correct; (3) your use of our Services will be uninterrupted, timely, secure or error-free; or (4) that any errors in the Services will be corrected. Any Content downloaded or otherwise accessed through the Site or Services is accessed at your own risk, and you shall be responsible for any damage to your property, including but not limited to the computer device or system you used to access the Site and Services, or any other loss that results from accessing such Content. 

In no case shall Snif, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), product liability, strict liability or otherwise, arising from your use of any of the ServiceS or any Products, or for any other claim related in any way to your use of the ServiceS or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the ServiceS or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In no event shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, services providers or licensors be liable to you or any third party for any injury, loss, claim or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited those relating to or arising from any claims of personal injury, loss to life or property, or death, sustained by you or others through the use of any of our products. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 12 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Snif and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, relating to to or arising out of: (a) your use of the Site, Products or Services; (b) your violation of these Terms of Service or the documents they incorporate by reference; (c)your violation of any applicable law, rule or regulation; (d) the rights of a third-party; or (e) Your Content. 

SECTION 13 – TERM; TERMINATION 

These Terms of Service are effective on the date you accept the terms (as described in the Overview above) unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. 

At its sole discretion, and for any reason or no reason, we may modify or discontinue the Site and Services, or may modify, suspend or terminate your access to the Site or Services, with or without notice to you and without liability to you or any third party.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. 

SECTION 14 - SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 15 - ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, Products and Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 16 – DISPUTE RESOLUTION

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. This section is effective as of the [Insert Effective Date] and thus we do not offer an opt-out option.

The exclusive means of resolving any dispute or claim arising out or relating to these Terms (including any alleged breach thereof), the Services or any other aspect of your relationship with Snif shall be binding arbitration, rather than in court, except for the following: (i) you may assert claims in small courts, if your claims qualify; and (ii) you or Snif may seek equitable relief in court for infringement or misuse of intellectual property rights.

All arbitration shall be governed administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. The arbitrator has exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement; and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that this Arbitration Agreement is void or voidable. The arbitrator has authority to grant motions dispositive of all or part of any claim. The arbitrator has the authority to award monetary damages and grant any non-monetary remedy or relief available under applicable law, the arbitral forum’s rules, and these Terms. Upon conclusion, the arbitrator will issue a written award, statement of decision describing the essential findings and conclusions on which the award is based, and the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

By agreeing to arbitration, YOU AND SNIF ARE EACH AGREEING TO WAIVE THE RIGHTS TO A JURY TRIAL. Instead, you and Snif are electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as described above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING. Only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts located in New York City, New York. All other claims shall be arbitrated.

SECTION 17 - GOVERNING LAW 

These Terms of Service shall be governed by and construed in accordance with the laws of the state of New York without giving effect to conflict of laws principles.  

SECTION 18 – ASSIGNMENT

These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

SECTION 19 – FORCE MAJEURE 

We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

SECTION 20 - CONTACT INFORMATION 

Questions about our Products, Services and these Terms should be sent to us at hello@snif.co

SECTION 21 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

We are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (https://snif.co/pages/test-privacy) (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Snif and its service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, checkout reminders. delivery and sale of fragrances and other fragrant products. Messages may include checkout reminders.

Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. Message frequency varies.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@snif.co. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

 Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Northport, New York before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Nonoses Inc dba Snif principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.