PLEASE READ CAREFULLY BEFORE USING THIS SITE.
Last updated November 8, 2021
Thank you for visiting a Scott’s Liquid Gold website, which include http://www.scottsliquidgold.com, http://www.neotericcosmetics.com, http://www.alphahydrox.com, http://www.bizstainfighter.com and subdomains of each of the foregoing (each a “Site” and collectively the “Sites”), owned and/or operated by Scott’s Liquid Gold, Inc. and/or one or more of its wholly-owned subsidiaries (collectively “we,” “us,” “our,” or “SLG”). The following terms, conditions, policies and notices (these “Terms”) govern your use of our Sites. Please read these Terms carefully and thoroughly. BY USING ANY OF OUR SITES, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE ANY OF OUR SITES.
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.
We provide our Sites to enable you to learn more about us and our products. Provided you comply with these Terms and our Privacy Policy, we grant you a limited, non-exclusive, nontransferable, non-sublicensable license to access and use our Sites to learn about our products. To learn how we collect, store, use and share your information, please read our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference. We reserve the right to refuse, restrict, or discontinue service or access to any of our Sites (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Accessing, using, or copying any portion of our Sites through the use of bots, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained anywhere on any of our Sites.
INTELLECTUAL PROPERTY.
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, KIDS’N’PETSⓇ, the KIDS’N’PETSⓇ logo, MESSY PETⓇ, the MESSY PETⓇ logo, BIZⓇ, the BIZⓇ logo, dryelⓇ, the dryelⓇ 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.
LINKS/ADVERTISEMENTS.
The Sites may link to other websites operated by third parties. The inclusion of any link to such sites does not imply endorsement by SLG of the sites. Links to third party websites are for your reference and convenience, and SLG is not responsible for the content or accuracy of information contained on such third party sites. Your use of any other off-site pages or other sites is at your own risk and is subject to the Terms and Conditions of Use and Privacy Policy of such 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.
TERMINATION.
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.
SURVIVAL.
The provisions entitled “Intellectual Property,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” and “General Provisions” will survive termination of this agreement.
COPYRIGHT INFRINGEMENT.
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:
Copyright Agent
Scott’s Liquid Gold, Inc.
8400 E. Crescent Parkway, Ste. 450
Greenwood Village, CO 80111
email: consumers@slginc.com
• NOTE: This contact information is for inquiries regarding potential copyright infringement only. For notices sent via email, please include “DMCA” in the email subject line. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
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.
YOUR USE OF THE SITES IS AT YOUR OWN RISK. NEITHER SLG, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SITES, HOWEVER CAUSED,
WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITES, OR THEIR TERMS OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SLG AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITES. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONSAND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
INDEMNIFICATION.
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.
GENERAL PROVISIONS.
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 federalcourts 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 determinedto be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitationsset 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.
NOTICE.
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.
8400 E Crescent Parkway suite 450
Greenwood Village, Colorado 80111
email: consumers@slginc.com
©Scott’s Liquid Gold, Inc. All rights reserved.