Terms Of Service

Welcome to Sniffery.com. Cordero Media, Inc., dba Sniffery, and/or its affiliates) (“Sniffery”) provide website features and other products and services to you when you visit or shop at Sniffery.com, use Sniffery products or services, use Sniffery applications for mobile, or use software provided by Sniffery in connection with any of the foregoing (collectively, “Sniffery Services”). Sniffery provides the Sniffery Services subject to the following conditions.

By using Sniffery Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Sniffery Services. When you use a Sniffery Service, for example, Your Profile, Gift Cards, or Sniffery application for your mobile device (coming soon) you also will be subject to the guidelines, terms and agreements applicable to that Sniffery Service (“Service Terms”).

PRIVACY

Please review our Privacy Policy, which also governs your use of Sniffery Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any Sniffery Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Sniffery Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Sniffery Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Sniffery or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Sniffery Service is the exclusive property of Sniffery and protected by U.S. and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Sniffery Service are trademarks or trade dress of Sniffery in the U.S. and other countries. Sniffery’s trademarks and trade dress may not be used in connection with any product or service that is not Sniffery’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sniffery. All other trademarks not owned by Sniffery that appear in any Sniffery Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sniffery.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Sniffery or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Sniffery Services. This license does not include any resale or commercial use of any Sniffery Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Sniffery Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Sniffery or its licensors, suppliers, publishers, rights holders, or other content providers. No Sniffery Service, nor any part of any Sniffery Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sniffery. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sniffery without express written consent. You may not use any meta tags or any other “hidden text” utilizing Sniffery’s name or trademarks without the express written consent of Sniffery. You may use the Sniffery Services only as permitted by law. The licenses granted by Sniffery terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

If you use any Sniffery Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Sniffery Services only with involvement of a parent or guardian. Sniffery reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content. Sniffery reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Sniffery a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Sniffery and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sniffery for all claims resulting from content you supply. Sniffery has the right but not the obligation to monitor and edit or remove any activity or content. Sniffery takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Sniffery respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send an email with your name and the specific claim of infringement to webmaster@sniffery.com with the subject line Copyright Complaint.

RISK OF LOSS

All items purchased from Sniffery are made pursuant to a shipment contract with the third party vendor. This means that the risk of loss and title for such items pass to you upon vendor’s delivery to the carrier.

SNIFFERY RETURN POLICY

Sniffery.com carries an all sales are final policy when it comes to all products sold on our website. However, Sniffery wants all of customers to be happy be happy customers, so return circumstances will be evaluated on a case-by-case basis. Sniffery will work with the vendor directly should an exchange of product be needed or is there is clear evidence of a customer receiving a damaged/unusable item.  At our discretion in certain circumstances, a refund may be issued without requiring a return.

PRODUCT DESCRIPTIONS

Sniffery attempts to be as accurate as possible. However, Sniffery does not warrant that product descriptions or other content of any Sniffery Service is accurate, complete, reliable, current, or error-free.

PRICING

Except where noted otherwise, the List Price or Suggested Price displayed for products on any Sniffery Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our vendors, the list Price or Suggested Price may be provided by the vendor.

The total price that is billed to your account will include the price of the product, any applicable shipping fee, and any applicable sales tax.  Sales tax is collected based on the bill-to address and charged at the rate applicable at the time of billing.  Sniffery charges sales tax only where required by law. We generally do not charge your credit card until after your order has been shipped by the vendor or, for digital products, until we make the digital product available to you.

SNIFFERY SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Sniffery Services (the “Sniffery Software”).

1. Use of the Sniffery Software. You may use Sniffery Software solely for purposes of enabling you to use and enjoy the Sniffery Services as provided by Sniffery, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Sniffery Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Sniffery Software or otherwise assign any rights to the Sniffery Software in whole or in part. You may not use the Sniffery Software for any illegal purpose. We may cease providing any Sniffery Software and we may terminate your right to use any Sniffery Software at any time. Your rights to use the Sniffery Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Sniffery Software that are specifically identified in related documentation may apply to that Sniffery Software (or software incorporated with the Sniffery Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Sniffery Service is the property of Sniffery or its software suppliers and protected by United States and international copyright laws.

2. Use of Third Party Services. When you use the Sniffery Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Sniffery Software, whether in whole or in part, or create any derivative works from or of the Sniffery Software.

4. Updates. In order to keep the Sniffery Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Sniffery Software. If you are a U.S. Government end user, we are licensing the Sniffery Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Sniffery Software are the same as the rights we grant to all others under these Conditions of Use.

OTHER BUSINESSES

Parties other than Sniffery operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Sniffery does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SNIFFERY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SNIFFERY SERVICES ARE PROVIDED BY SNIFFERY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SNIFFERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SNIFFERY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SNIFFERY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SNIFFERY SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SNIFFERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SNIFFERY DOES NOT WARRANT THAT THE SNIFFERY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SNIFFERY SERVICES, SNIFFERY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SNIFFERY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SNIFFERY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SNIFFERY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SNIFFERY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any Sniffery Service, or to any products or services sold or distributed by Sniffery or through Sniffery.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered address, Cordero Media 169 Allen Street, 1B, New York, NY 10002. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Sniffery Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Sniffery.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your use of Sniffery Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.