PLEASE READ CAREFULLY BEFORE USING THIS SITE.
Last updated February 17,2016.
Thank you for visiting a Scott’s Liquid Gold website, which include http://www.scottsliquidgold.com, http://www.neotericcosmetics.com, http://www.touchofscent.com, http://www.alphahydrox.com, http://www.neotericdiabetic.com,
We may update these Terms to add new terms or change terms that are relevant to your use of the Sites. In the event we make additions and/or changes, the revised version of these Terms will be effective immediately upon posting. You should frequently review these Terms because your continued use of our Sites after we post a revised version signifies your consent to such new Terms.
YOUR USE OF OUR SITES.
You understand and agree that we own, or have licensed, all right, title and interest in and to the Sites, including the features, materials, opportunities and services made available on or through the Sites, and all information, text, data, graphics, Product images, sound recordings, audio and visual clips, logos, software and all other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). The Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and you do not acquire any ownership interest by accessing and using the Sites and the Content. Such intellectual property and proprietary rights may include, but are not limited to, patents, copyrights, trademarks and service marks, trade dress and trade secrets, and all such rights are and shall remain the property of us and/or our licensors and content-providers. Except as expressly permitted by these Terms, you may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without our prior written permission.
You may make single copies of Content for your own personal and noncommercial use only, provided any copies must include the copyright and other notices displayed with the Content on the Sites. None of the Content may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without our prior written consent.
Scott’s Liquid Gold, Inc., the Scott’s Liquid Gold®logo, Neoteric Cosmetics, Inc., the Neoteric Cosmetics®logo, Alpha ™ Skin Care, the Alpha ™ Skin Care logo, Alpha Hydrox®, the Alpha Hydrox® logo, Neoteric Diabetic® Healing Cream, the Neoteric Diabetic logo, and other SLG trademarks, service marks, logos, or slogans used on the Sites (the “SLG Marks”) are trademarks of SLG. You may not use SLG Marks without written authorization from SLG. Third party trademarks used on the Sites are the property of their respective owners.
FEEDBACK AND TESTIMONIALS.
In the event you submit to SLG testimonials, feedback, photos, comments, or any other information regarding the Sites or our Products (“Feedback”), you grant SLG a perpetual, irrevocable, worldwide, royalty-free, license to use, reproduce, transmit, modify, adapt, publish, republish, create derivative works of, display and/or distribute such material(s) in whole or in part and to incorporate such Feedback in any form, media, or technology. By submitting Feedback, you represent and warrant that you have the authority to grant such rights and that the Feedback will not violate any right of any third party, including but not limited to copyright, trademark, rights of publicity and privacy rights. You will not represent to any person that you are authorized to make any statement or representation on behalf of SLG.
All Products purchased through the Sites are shipped and billed directly by SLG. If you submit a valid email address, an email will be sent to you bearing the tracking code for your purchase, if one is available. Please note that your credit card statement will reflect a charge from “LIQ GOLD T of Scent Neo Skincare Internet.” You will also receive an invoice clearly indicating the amount you were charged and by whom. We take pride in our Products and try to be accurate in our descriptions. However, we do not warrant that our Product descriptions are 100% accurate, complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to return it to us as described below.
Should Products be confirmed as lost in transit, we will replace the Products after the shipment has been traced. Upon notification of the carrier of non-delivery, a claim will be filed by us, and the Products will be replaced.
Refused shipments may incur a 30% restocking fee plus any freight charges incurred as a result of the refusal of the shipment. Orders refused as a result of our error will not be subject to restocking fees or freight charges.
CREDIT CARD CHARGEBACKS/DISPUTES.
If you feel that you have been billed incorrectly or there was a problem with your order, we encourage you to contact us first. If you place a chargeback with your credit card company (on purpose or by mistake) for an order that is determined by the credit card company to have been validly placed and received, you may be charged a $75.00 research fee upon reversal of the chargeback by our merchant provider to cover our investigative expenses proving that you did make the purchase and that you did receive it.
PRODUCT SUPPORT & RETURN.
Products can be returned to us within 30 days of shipment date for a full refund. We are unable to process exchanges. We cannot issue credit or refunds on partial cases or partial kits. Shipping and handling fees are non-refundable and Product that is returned that was subject to no shipping fees may be subject to a restocking fee of $5.99. Return shipping fees are customers’ responsibility and packages with insufficient postage will be refused. We are not responsible for lost returns and we do not take title to returned Products until we receive the Products. For your own protection, you should insure your package(s). Please double check your full shipping address. Orders placed with incorrect addresses may be subject to additional state and/or city sales taxes. Orders shipped to incorrect addresses, orders requiring change of address after an order is complete or orders redirected by customer after shipping (such as leaving a note on your door to send the package elsewhere) may be subject to a $7.00 redirection fee. To receive refunds on Products purchased at your local retailer or on other websites, please contact those entities for assistance.
We use commercially reasonable measures to secure and protect information transmitted to and from the Sites, such as incorporating digital certificates, online authentication, and comply with the Payment Card Industry Data Security Standard (“PCI-DDS”) for credit card processing. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.
SLG may provide chat rooms, message boards, blogs and other community forums (“Community Forums”) on the Sites. If you choose to participate in any of these, you are solely responsible for your own communications and the consequences of posting those communications. SLG does not assume any responsibility for the consequences of or arising from any such communications on the Sites. SLG does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Community Forum users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN A COMMUNITY FORUM IS AT YOUR OWN RISK.
SLG does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any material posted on or through the Sites. However, SLG retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, or remove any material posted on or through the Site.
The Sites may contain advertisements by third parties. Unless specifically stated on the Sites, SLG does not endorse or verify claims, representations, quality or accuracy of any products or services featured in, or linked to any advertisement that appears on the Sites. Unless otherwise prohibited under these Terms, you are hereby licensed to create hyperlinks to the content on the home page of the Sites, provided that the hyperlink accurately describes the content as it appears on the Sites. SLG reserves the right to revoke this license and/or your right to use specific links, at any time. Under no circumstances may you “frame” the Sites or any of its content or copy portions of the Sites to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within a Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Site.
SLG may terminate your use of the Sites if SLG reasonably believes that you have violated or acted inconsistently with these Terms, or violated the rights of SLG or any third party, or for any reason with or without notice to you. SLG may modify or discontinue the Sites, with or without notice to you, and SLG will not be liable to you or any third party as a result of such modification or discontinuation.
The provisions entitled “Intellectual Property,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” and “General Provisions” will survive termination of this agreement.
SLG takes claims of copyright infringement seriously. It is SLG’s policy to disable and/or terminate the accounts of users who are repeat infringers. SLG will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any content accessible on a Site infringes your copyright, you may request removal of such content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:
SLG’s designated agent to receive DMCA notices is:
Scott’s Liquid Gold, Inc.
4880 Havana Street, Suite 400
Denver, Colorado 80239
DISCLAIMER OF WARRANTIES.
WITHOUT LIMITING THE FOREGOING, THE CONTENT AND ALL OTHER FEATURES OFFERED VIA THE SITES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE SITES AND/OR MATERIALS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN SLG HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SLG, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, SLG DOES NOT MAKE ANY WARRANTIES THAT THE SITES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SITES WILL MEET YOUR EXPECTATIONS, OR THAT THE SITES, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. SLG RESERVES THE RIGHT TO CHANGE ANY PART OF THE SITES AT ANYTIME WITHOUT NOTICE.
LIMITATION OF LIABILITY.
You agree to defend, indemnify and hold SLG and its officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Sites in a manner that violates or is alleged to violate these Terms. SLG shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Any Products provided to you by SLG are subject to the United States Export Administration Regulations. The Products may not be resold or diverted to unauthorized locations or otherwise contrary to these regulations.
You expressly agree that exclusive jurisdiction for any dispute with SLG or in any way relating to your use of the Sites (“Legal Action“) resides in the courts of Denver County, State of Colorado. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the State of Colorado. These Terms are governed by the substantive laws of the State of Colorado, without regard to conflict of law principles. No waiver of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to SLG must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SLG without restriction. SLG’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SLG may deliver notice to you under these Terms by means of electronic mail, a general notice on any of the Sites, or by written communication delivered by first class U.S. mail to your address on record in SLG account information. You may give notice to SLG at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Scott’s Liquid Gold, Inc.
4880 Havana Street, Suite 400
Denver, CO 80239
© Scott’s Liquid Gold, Inc. All rights reserved.