Terms of Use
Introduction
This document (referred to as "terms of use", "terms of service", "terms", or "terms and conditions") governs your access to and use of our websites, applications, and services (collectively referred to as "services" or "our services"). These services are provided to you by Viascent Inc. ("Viascent Inc.", "Viascent", "viascent.com", "we", or "us"). This agreement does not alter the terms or conditions of any other agreement you may have with Viascent Inc.
Acceptance
Viascent Inc. is a privately held U.S. company operating under the name Viascent in the State of Florida. By using our services and/or purchasing a product, you agree by reasonable and valuable consideration to the terms and conditions herein, which constitute a binding agreement between you and Viascent Inc. These terms outline and detail your rights and obligations while using our services and products. If you do not agree to these terms, including our privacy policy, subscription policy, refund policy, and shipping policy; you may not use our services or purchase the products on this website.
Account Registration
Some features of our services require an account. You agree to provide accurate, up-to-date, and complete account information and maintain it as such. To ensure a secure environment, we may verify your account details at any time and limit access if verification is incomplete or unsuccessful. Accounts are available only to individuals who are 18 years of age or older. We reserve the right to suspend, terminate, modify, or delete any account at any time for any reason, with or without notice.
SMS Messaging
By using our SMS messaging services, you agree to receive text messages related to account updates, promotions, service notifications, or other information relevant to your use of our services and products. Message frequency may vary.
Message and Data Rates: Standard message and data rates may apply based on your mobile carrier and plan.
Opt-Out: You may opt out of receiving messages at any time by replying STOP to any message. You may receive a final confirmation text after opting out.
Help: For assistance, reply HELP to any message or contact us at support@viascent.com.
Delivery: Message delivery is subject to your mobile carrier and is not guaranteed. We are not responsible for delayed or undelivered messages caused by carrier issues or other factors.
Consent: By providing your mobile number, you confirm you are authorized to use the number and consent to receiving messages. Consent is not a condition of purchase or service use.
Pricing
Products, services and subscriptions offered for sale through our websites and apps constitute an invitation to enter into a sales agreement. A sales contract is finalized only when we confirm your order via email. The total price for your order will be displayed on the final checkout page before purchase. A receipt with the final total price will also be sent to the email address you provide during checkout.
We reserve the right to modify prices and fees for products, services and subscriptions at any time. Please note that we do not offer price protection or refunds in response to promotions, discounts, or subsequent price reductions.
User Content
User content includes any material you or others post, upload, or share while using our services. This can include, but is not limited to, usernames, photos, videos, reviews, discussions, and other media. While you retain ownership of the content you create, you grant us a non-exclusive, royalty-free license to use, modify, distribute, and display your content across various formats and platforms.
By submitting content, you confirm it does not violate the intellectual property rights of others. Some content may be permanent and cannot be deleted, even if your account is terminated. We reserve the right to remove or moderate content that violates our policies or disrupts others' use of our services. Content promoting violence, hate speech, or illegal activities is strictly prohibited.
User Conduct Policy
By accessing or using our services, you agree to adhere to the following conduct standards. You will not:
- Engage in Illegal Activity: Use our products or services for any unlawful purpose or in violation of any local, state, national, or international law or regulation.
- Violate Rights: Infringe upon or violate the rights of others, including privacy, intellectual property, or contractual rights.
- Distribute Harmful Content: Upload, post, transmit, or otherwise distribute content that is unlawful, harmful, defamatory, abusive, obscene, invasive of privacy, or otherwise objectionable.
- Disrupt Service: Interfere with or disrupt the operation of the service, servers, or networks, including introducing viruses, malware, or any other harmful code.
- Impersonate Others: Misrepresent your identity, affiliation, or authorization to act on behalf of another party.
- Engage in Unauthorized Activities: Attempt to gain unauthorized access to any portion of the service, accounts, or networks connected to the service through hacking, phishing, or other means.
- Misuse Resources: Exploit, scrape, or harvest data from the service, or use automated systems to extract data, unless explicitly permitted.
- Transmit Spam: Send unsolicited messages, advertisements, or promotions (i.e., "spam") through the service.
Enforcement: We reserve the right to investigate and take appropriate legal action for any violations of this policy, including suspension or termination of access to our services without prior notice.
Fraud Detection & Prevention
We reserve the right to decline processing any order if fraud, unauthorized activity, or illegal activity is suspected. In such cases, we may cancel the order or contact you at the email address and/or phone number provided to verify certain information. We reserve the right to hold any order from fulfilment until the verification process is complete. Additionally, we may cancel accounts or refuse to ship to certain addresses if such activity is suspected. We may also block suspected IP addresses or entire IP subnets if we detect fraud or any other unusual activity originating from such. These measures are implemented to protect both our customers and our business from fraudulent or unauthorized activities.
Unsolicited Ideas
Viascent Inc. does not accept or consider unsolicited ideas or proposals. Any such submissions will not be treated as confidential, and we will not compensate you for them.
Personal Use Limitation
Unless specifically agreed in writing, you may not copy, modify, distribute, or create derivative works based on our services' content, software, or source code.
Copyright
All content available through our services, including designs, logos, text, and software, is the property of Viascent Inc. or its content providers and is protected by intellectual property laws. Unauthorized use or distribution of this content is prohibited.
Trademarks & Brands
Viascent® is a registered trademark of Viascent Inc. Other trademarks, logos, and brand names appearing on our services or products belong to their respective owners. Unauthorized use of our trademarks without prior permission is prohibited.
Viascent, its products, and services are not connected to, affiliated with, authorized by, or endorsed by any hotel, hotel chain, designer brand, or their subsidiaries or affiliates. Any mention of trademarks or trade names is strictly for descriptive purposes, intended to identify the scent and facilitate comparison. These references are made solely to provide customers with an understanding of the character of a fragrance and comply with the Federal Trade Commission statement of policy regarding comparative advertising.
Claims of Intellectual Property Violations
If you believe that material on our services or products infringes on your intellectual property rights, you may file a DMCA Notice with our designated agent. See 17 U.S.C. § 512 for further detail.
Viascent Inc.
Attn: Legal Department
601 N Federal Hwy
Suite 301 #1003
Hallandale Beach, FL 33009
Email: legal@viascent.com
Please be advised that to be effective, the DMCA Notice must include all of the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;
- A description of the intellectual property work that you claim has been infringed;
- A description of where the material that you claim is infringing is located;
- Your address, telephone number, email address, and all other information reasonably sufficient to permit Viascent to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your DMCA Notice is accurate and that you are the intellectual property owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Service Outages and Data Loss
Our services may occasionally become unavailable due to scheduled maintenance or unexpected outages. We do not guarantee uninterrupted access to our services.
Relationship
This agreement does not create any partnership, joint venture, agency, or employment relationship between you and Viascent Inc.
Health and FDA Disclaimer
The information (including, without limitation, advice and recommendations) on our website(s) is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique circumstances. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition you may have or suspect you have.
The statements made about the products, including any statements made on this website, have not been evaluated by the U.S. Food and Drug Administration (FDA). These products are not intended to diagnose, treat, cure, or prevent any disease.
Third-party links and research citations are provided solely to support claims to a limited extent. Viascent does not guarantee the completeness or accuracy of the information presented.
California Proposition 65 Notice
Some products sold on this website may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. For more information, visit www.p65warnings.ca.gov
Disclaimer of Warranties
Our services are provided on an "as-is" basis, without any warranties, express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Use of our services is at your own risk.
We do not guarantee the accuracy, completeness, or timeliness of the information provided on this website, and any reliance on it is at your own discretion and risk. The material on this website is intended for general informational purposes only.
To the fullest extent permitted by applicable law, we shall not be liable to you or any third party for any modifications, price changes, suspension, or discontinuation of services or products. Note that certain jurisdictions may not permit limitations on implied warranties or liability exclusions, so some of these terms may not apply to you.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Viascent, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, loss of data, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of our services, products, or any content provided on the website, or for any other claim related in any way to your use of our services or products.
In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
Under no circumstances shall our total liability to you for all claims exceed the amount you paid, if any, for accessing or using our services or products within the 12-month period preceding the event giving rise to the claim.
This limitation of liability applies to the fullest extent permitted by applicable law and survives any termination or expiration of this agreement or your use of our services or products.
Indemnification
You agree to indemnify, defend, and hold harmless Viascent, its affiliates, officers, directors, employees, agents, and representatives from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney’s fees) arising from your use of our services or products, your breach of this agreement, or your violation of any law or rights of a third party.
Account Termination
You may terminate your account if it is in good standing and has no outstanding balance. We may suspend or terminate accounts at our discretion for any reason. Account data may be retained in compliance with our privacy policy and applicable laws.
Access to Our Services
We may modify, suspend, or discontinue any part of our services at any time without notice. We also reserve the right to refuse service to anyone for any reason.
Governing Law and Disputes
This agreement is governed by the laws of Florida and the Federal Arbitration Act. Disputes must be resolved through individual arbitration in Broward County, Florida. By agreeing to these terms, you waive your right to a jury trial and to participate in class actions.
Any dispute related to your use of the website, our products and services, or this agreement will be resolved through confidential arbitration in Broward County, governed exclusively by Florida law, excluding conflict of law provisions. You agree to first attempt an informal resolution by contacting Viascent in writing. Unresolved disputes (excluding small claims, intellectual property disputes, and regulatory matters) will proceed to binding arbitration under the American Arbitration Association’s (AAA) Consumer-Related Procedures. Arbitration outcomes are confidential and cannot be disclosed without mutual consent.
Viascent will cover arbitration filing costs. Intellectual property disputes, injunctive relief actions, non-consumer claims, and regulatory matters are excluded from arbitration and must be adjudicated in Florida courts.
You have 30 days from the date of purchase or data submission to opt out of the arbitration provision in this agreement by contacting Viascent in writing. If you do not opt out within this timeframe, you agree to be bound by the arbitration terms. Arbitration decisions are final, binding, and enforceable in court.
Trade Control Laws
Our services must comply with U.S. trade control laws. We do not provide accounts or shipments to restricted countries, including but not limited to North Korea, Syria, and Iran.
Right to Modify
We reserve the right to update these terms at any time. Updates will be posted on our website, and continued use of our services constitutes acceptance of the updated terms.
Severability
If any provision of these terms is deemed unenforceable, the remaining provisions remain in effect.
Headings
Headings in this document are for convenience only and do not affect the interpretation of the terms.
No Legal Advice
This document is not intended to provide legal advice. If you have legal questions, consult a qualified attorney.
Have Questions?
If you have questions or concerns regarding our terms and policies, feel free to reach out.
Last Updated: January 5, 2025