Terms and Conditions, Privacy Policy

ISLAND DEODORANT  ISLAND DEODORANT TERMS AND CONDITIONS

 

This website is owned and operated by Island Deodorant, LLC, a Florida limited liability company with its principal place of business at 4411 Bee Ridge Rd, #181, Sarasota, FL  34233 (“Island Deodorant”). Throughout the site, the terms “we”, “us” and “our” refer to Island Deodorant. Island Deodorant offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

 

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms and Conditions” 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 this site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website or making a purchase from us. By accessing or using any part of the site or making a purchase form us, 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 website, purchase any products, or use any services.

 

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms may result in an immediate termination of Services to you.

 

SECTION 2 – GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content, not including credit card information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.  We do offer wholesale and private label resale options, pursuant to these terms and conditions and such other terms and conditions as may be specified in our written consent.

 

Neither your use of the Services or purchase of any Product from us makes you an agent, servant, fiduciary, partner, joint venturer, employee or representative of Island Deodorant.  You do not have has any power or authority to bind Island Deodorant in contract. You agree not to represent to anyone that you have any power or authority to obligate Island Deodorant to any obligation whatsoever or to act in any capacity whatsoever. 

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – PROPRIETARY RIGHTS

 

All content displayed or part of our website including but not limited to text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other materials, are owned or licensed property of Island Deodorant or its licensors, and are protected by copyright, trademark, patent, trade secret, or other proprietary rights.

 

All original content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions.

 

Island Deodorant, its logos, its product names, and related marks, design marks, product names, feature names, and related logos are trademarks of Island Deodorant and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Island Deodorant. Island Deodorant’s trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause consumer confusion, or in any manner that disparages Island Deodorant or suggests a sponsorship, affiliation, or endorsement by Island Deodorant. All other trademarks, service marks, logos, slogans, domain names, and trade names displayed on our website are the intellectual property of their respective owner(s) and are used by Island Deodorant with permission.

 

You further acknowledge and agree that the products offered herein (the “Products”), the manufacturing process, and the recipe or formula for the products is Island Deodorant’s confidential, proprietary, trade secret information, and you acquire no intellectual property rights by virtue of any purchase with Island Deodorant.  You further agrees that your purchase of the Products is for personal use or is for retail resale distribution pursuant to our separate written authorization, and neither you, nor your agents, contractors, employees, owners, officers, nor directors will make any attempts to reverse engineer or duplicate the Products.  You further represent and warrant that you will not provide the Products to any other manufacturer for the purpose of analyzing, duplicating, or replacing the Products.  The provisions in this paragraph shall survive the termination of this Agreement.

 

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue any product or the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

SECTION 6 – PRODUCTS OR SERVICES

 

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.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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 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 service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 7 – INSPECTION OF NON-CONFORMING PRODUCTS AND NOTICE OF DEFECT

 

            You have the right to inspect any Products purchased from us within twenty-four (24) hours of receipt.  If your inspection indicates that all or a portion of the Products are defective, You shall provide Island Deodorant (at owner (at) islanddeodorant (dot) com) with written notice describing the defect and your proposed resolution (the “Notice of Defect Claim”), which notice must be received by Island Deodorant within forty-eight (48) hours of Your receipt of the Products.  The Notice of Defect Claim shall include photographic or video documentation of the defect.  Island Deodorant shall respond to any Notice of Defect Claim within 48 hours of receipt of such notice.  Island Deodorant shall, at Island Deodorant’s option, repair, replace, or refund all Products found by Island Deodorant to be defective.  The Parties shall negotiate in good faith to resolve any Notice of Defect Claims made in accordance with this paragraph, and you shall take steps to preserve any evidence of defect.  In the event, the Parties are not able to reach a resolution within seven (7) days of Island Deodorant’s receipt of the Notice of Defect Claim, Island Deodorant may, in its discretion, arrange for return shipment of the Products to Island Deodorant.  The Parties agree to utilize the dispute resolution procedures set forth in paragraph with respect to any Notice of Defect Claim not resolved within seven (7) days.  In the event that no Notice of Defect Claim is timely submitted, it shall be conclusively presumed that the Products were received in good condition and without defect.  THIS PROVISION IS EXPRESSLY MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

SECTION 8 – DISCLAIMER OF WARRANTY

 

            SUBJECT TO THE NOTICE OF DEFECT PROCEDURE SET FORTH IN SECTION 7 ABOVE, ALL PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS.”  ISLAND DEODORANT HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties 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.

 

In no case shall Island Deodorant, our managers, 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), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. 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 customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers, or distributors.

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made from us. 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.

 

If you are placing large orders or private label orders, Island Deodorant may require you to enter into an electronic funds transfer agreement. 

 

ALL ORDERS MUST BE PAID IN FULL PRIOR TO ISLAND DEODORANT SHIPPING ANY ORDER.

 

SECTION 10 – SHIPPING

 

Retail Orders

United States

All retail deodorants and purchases over $12.99 in the United States ship for free.
Smaller items and 1-3 full size sticks ship via USPS First Class Mail (1-5 business days, not guaranteed). 
4 or more full size sticks ship via USPS Priority Mail (1-3 business days, not guaranteed).

Canada

Shipping charges are based on weight.  For example,
1 deodorant is usually US$8.99* via USPS First Class International (6-8 business days, not guaranteed)
2-4 deodorants are usually US$11.99* via USPS First Class International (6-8 business days, not guaranteed)
5-10 deodorants are usually US$19.99* via USPS Priority Mail International (6-10 business days, not guaranteed)

* Please note: we are unable to refund international shipping charges

 

Other International

Shipping charges are based on weight. For example,
1 deodorant is usually US$10.49* via USPS First Class International (7-21 business days, not guaranteed)
2-10 deodorants are usually US$29.99* via USPS Priority Mail International (6-10 business days, not guaranteed)

* Please note: we are unable to refund international shipping charges

Private Label / Wholesale Orders / Authorized Re-Sellers

          Delivery shall be freight on board Island Deodorant’s place of business.  Island Deodorant shall use commercially reasonable efforts to prepare accepted orders of up to 2,000 units of the Products for shipment within six (6) weeks from acceptance of any order and receipt of payment, subject to delays beyond Island Deodorant’s control, including but not limited to availability of supplies and ingredients.  The Parties acknowledge and agree that larger orders may require additional lead time.  Purchaser shall be responsible for all shipping costs, which shall be paid in full prior to shipment.  The Products shall be shipped via the shipping carrier mutually agreed upon by Island Deodorant and you.

 

SECTION 11 – DISPUTE RESOLUTION

 

            These Terms and Conditions and any purchase order from us shall be governed by and construed in accordance with the internal laws of the State of Florida, United States of America, without reference to its principles of conflict of laws. The Parties agree to mediate any dispute arising out of these Terms and Conditions and/or any purchase order from us  as a condition prerequisite to proceeding with arbitration or any legal action. Subject to the Notice of Defect Procedures and the mediation condition precedent, and in the event mediation is unsuccessful, any unresolved dispute between the Parties arising out of or relating to these Terms and Conditions and/or any purchase order from us  shall be, pursuant to the Federal Arbitration Act, resolved exclusively by binding arbitration conducted in Sarasota County, Florida in accordance with the Commercial Rules of Arbitration of the American Arbitration Association.  Each party hereby agrees to submit to arbitration and to cooperate with reasonable good faith diligence in the conduct of resolving all disputes arising hereunder or under any purchase order arising pursuant to this Agreement.  Each party agrees to be finally bound for all purposes by the decision reached in arbitration, unless the contesting party can prove that the arbitration award was infected with fraud, misconduct or is manifestly contrary to law.  Any dispute arising out of or in connection with this arbitration provision, including any question regarding its existence, validity, scope, or termination shall be referred to and finally resolved by arbitration.  Each party agrees to submit to personal jurisdiction in the courts in Sarasota County, Florida with respect to any proceeding to enforce an award in arbitration.  Each party also agrees that venue in the courts of Sarasota County, Florida is proper.  Each party agrees not contest venue or personal jurisdiction in any matter involving the interpretation or enforcement of any award granted in any arbitration conducted in accordance with this Agreement.  The prevailing party in any arbitration proceeding brought to enforce this Agreement and an award in arbitration shall be entitled to recover all its attorneys’ fees and expenses in addition to any other relief granted to it in arbitration or to which it shall be determined to be entitled.   

 

SECTION 12 – OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 13 – THIRD-PARTY LINKS

 

Certain content, products and services available via our Service 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 14 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments do not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments do 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 Service 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 any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 15 – NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

 

Island Deodorant respects the intellectual property rights of others. Island Deodorant’s policy is to respond to notices of alleged copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). Content on this website that is allegedly copyright-infringing can be identified and removed using the process outlined below, and all users agree to comply with this process.

 

If you have a good faith belief that your work has been copied in any way that constitutes copyright infringement, you must file a DMCA notice with Island Deodorant’s Copyright Manager. A DMCA notice must be in the form of a written letter, and contain the following information:

 

A description of the copyrighted work that you claim has been infringed;


A description of the content that you claim infringes your copyright.
Information for Island Deodorant to contact you directly including name, street address, daytime telephone number, and email address;


A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;


A statement that you declare under penalty of perjury that the information in the notice is accurate and that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and


A physical or electronic signature.

 

DMCA notices must be sent by mail or email to Island Deodorant’s DMCA designated agent at the following address:

 

Island Deodorant, LLC

4411 Bee Ridge Rd, #181

Sarasota, FL  34233

Attn:  Copyright Manager

owner (at) islanddeodorant (dot) com 

 

When Island Deodorant receives a notice consistent with the above procedure, it will respond consistent with the DMCA. Island Deodorant reserves the right to ignore a notice that is not in compliance with the DMCA, and may, without waiving any of its rights or defenses, respond to a non-compliant notice.

 

SECTION 16 – PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy.

 

SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 Service 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 Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 18 – PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (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 Service 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 19 – INDEMNIFICATION

 

General

You agree to indemnify, defend and hold harmless Island Deodorant 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, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

Re-Seller Indemnification

Island Deodorant will not assume any liability or be deemed liable for any agreements, representations, or warranties You make that are not expressly authorized under these Terms and Conditions, nor will Island Deodorant be obligated for any damages to any person or property directly or indirectly arising out of the operation of any business You conduct, whether or not caused by either party’s negligent or willful action or failure to act.  Island Deodorant will have no liability for any sales, use, excise, income, gross receipts, property, or other taxes levied against You or your assets or on Island Deodorant in connection with any business you conduct, or any payments you make to Island Deodorant pursuant to these Terms and Conditions and/or any Purchase Order (except for Island Deodorant’s own income taxes).  You agree to indemnify, defend, and hold harmless Island Deodorant, Island Deodorant’s affiliates, and Island Deodorant’s and their respective shareholders, members, directors, officers, employees, agents, successors, and assignees (the "Indemnified Parties") against, and to reimburse any one or more of the Indemnified Parties for, all claims, obligations, and damages directly or indirectly arising out of your business operation, your resale of any Products (regardless of whether or not authorized), or your breach of these Terms and Conditions, including, without limitation, those alleged to be caused by the Indemnified Party’s negligence, unless (and then only to the extent that) the claims, obligations, or damages are determined to be caused solely by Island Deodorant’s gross negligence or willful misconduct in a final, unappealable ruling issued by a court with competent jurisdiction.  For purposes of this indemnification, "claims" include all obligations, damages (actual, consequential, or otherwise), and costs that any Indemnified Party reasonably incurs in defending any claim against it, including, without limitation, reasonable accountants’, arbitrators’, attorneys’, and expert witnesses’ fees, costs of investigation and proof of facts, court costs, travel and living expenses, and other expenses of litigation, arbitration, or alternative dispute resolution, regardless of whether litigation, arbitration, or alternative dispute resolution is commenced.  Each Indemnified Party may defend any claim against it at your expense and agree to settlements or take any other remedial, corrective, or other actions.  This indemnity will continue in full force and effect subsequent to and notwithstanding the expiration or termination of any relationship between you and us.  An Indemnified Party need not seek recovery from any insurer or other third party, or otherwise mitigate its losses and expenses, in order to maintain and recover fully a claim against you under this Section.  You agree that a failure to pursue a recovery or mitigate a loss will not reduce or alter the amounts that an Indemnified Party may recover from Purchaser under this Section. 

 

SECTION 20 – 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 21 – TERMINATION

 

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

 

These Terms of Service are effective 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.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 22 – 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. The failure to require at any time performance by you of any of the provisions of these Terms and Conditions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of either party to enforce each and every such provision thereafter. The express waiver by either party of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the 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 22 – GOVERNING LAW AND JURISDICTION

 

These Terms of Service are subject to and shall be construed and enforced in accordance with the laws of the State of Missouri without regard to Missouri’s choice of law principles. Any disputes arising under these Terms of Service shall be brought in the Circuit Courts of the State of Missouri or the U.S. District Court for the District of Missouri (“the Courts”). You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction of the Courts.

 

SECTION 23 – CHANGES TO TERMS OF SERVICES

 

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 24 – CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at owner (at) islanddeodorant (dot) com 

 

            All notices, requests, consents, claims, demands, waivers and other communications hereunder (each a “Notice”) will be in writing and addressed to Island Deodorant at its principal place of business designated above or such other address as shall have been provided in writing.  All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid).  Provided, however, that electronic delivery of any Notice (e.g. email, facsimile) shall be effective provided that Island Deodorant acknowledges receipt.

 


 

PRIVACY POLICY

 

Effective as of November 20, 2018 (the "Effective Date")

 

Your privacy is very important to us. Island Deodorant, LLC ("Island Deodorant") has created this privacy statement in order to demonstrate our commitment to your privacy. This Privacy Policy (the "Policy") explains what information we collect about you and what we do with it and applies to all products and services offered by Island Deodorant. We want you to fully understand our privacy practices. We reserve the right to modify this Policy at any time, and we will notify you of any material changes to the Policy by posting the modified Policy at http://www.IslandDeodorant.com and changing the Effective Date at the top. We encourage you to check this page periodically for any changes. This Policy is incorporated into, and subject to, the terms of Island Deodorant’s Terms and Conditions. By using or navigating Island Deodorant’s website located at http://www.islanddeodorant.com or any product or service offered by Island Deodorant (collectively, the "Services"), you acknowledge that you have read, understand, and agree to be bound by this Policy or any modified Policy as posted. If you do not agree to these terms, please do not use or visit the Services.

What information do we collect?

 

We do not collect personally identifiable information except where you specifically provide us with such information. We may collect your full name, email address, street address, telephone number, payment information, and other contact information. We generally collect this personal information on our registration and order forms when you sign up to receive products or services.


What do we do with the information we collect?


            We use personal information and other demographic or profile information you provide to us to fulfill your requests, to attempt to prevent fraudulent transactions, to improve the content of our web page in order to enhance your experience, and to communicate with you.  Personal information collected through Services is stored and processed in Missouri and by using our products and services, you consent to any such transfer of information.


Do we share the information we collect with third parties?

 

Island Deodorant may share your information with our agents, processors, or contractors in order to fulfill your requests or orders and in order to communicate with you. We may also transfer information between Island Deodorant affiliates and our related companies.  We and/or our related companies may communicate with you regarding Island Deodorant products, events, and services.  You may opt out of these communications at any time.  We do not sell, release or authorize the use of any personally identifiable information we collect to unrelated third parties except as expressly stated herein. 

We may use statistical analysis of aggregate information to inform advertisers of aggregate user demographics and behavior, as well as the number of users that have been exposed to or clicked on their advertising banners. We will provide only aggregate data from these analyses to third parties. Advertisements that appear in the Services are sometimes delivered (or "served") directly to you by third party advertisers, and they automatically receive your IP address when this happens. These third party advertisers may also download cookies to your computer or use other technologies to measure the effectiveness of their ads and to personalize advertising content. Doing this allows them to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Third party advertisers have no access to the information you have provided to Island Deodorant unless you choose to share it with them.

We may share information we collect with third party service providers to manage certain aspects of the services we provide, such as maintaining our servers and processing or fulfilling orders for products and services you purchase through the Services. We ensure that the third party service providers that we share your information with have privacy policies in place substantially similar to our own.

 

We may also disclose your information in special cases if required to do so by law, court order or other governmental authority or when we believe in good faith that disclosing this information is otherwise necessary or advisable, including, for instance, to identify, contact or bring legal action against someone who may be causing injury to, or interfering with, the rights or property of Island Deodorant, the Services, another user, or anyone else that could be harmed by such activities (e.g. for identify theft or fraud).


How long do we retain information?

 

We retain personal information for such period of time as we feel is necessary to ensure that you have a reasonable opportunity to access the information. If you no longer consent to us retaining your personal information, you can request that it be removed by contacting us at owner (at) islanddeodorant (dot) com .


Do we save any correspondence that you send to us?

 

Yes. If you send us correspondence, including online orders, emails and faxes, we may retain such information in the records of your account. We may also retain customer service correspondence and other correspondence from Island Deodorant to you. We may retain these records in order to measure and improve our customer service, and to investigate potential fraud and violation of Island Deodorant’s Terms and Conditions. We may, over time, delete these records.

Is the information submitted in public forums confidential?

 

Yes and No. The Services may offer chat rooms, forums, message boards and/or news groups to our users. IT IS IMPORTANT TO REMEMBER THAT ANY INFORMATION DISCLOSED IN THESE AREAS BECOMES PUBLIC INFORMATION.


Do we use cookies?

 

Yes. "Cookies" are pieces of information (actually, alphanumeric identifiers) generated by web servers and stored in your computer for future access. Cookies cannot view or retrieve data from other cookies, nor can they capture files or data stored on your computer. We and our partners use cookie technology to enhance your online experience by making it easier for you to navigate through our Services or make a feature work better. We also use cookies to track affiliates that refer you to our Services. These particular cookies are saved on your computer and collect no data from you. Generally, cookies can be disabled. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you would like to use the Services, you may do so without accepting cookies. However, you should understand that if you choose not to accept cookies, some areas of the Services may not function properly or optimally and you will not be permitted to access certain secured areas of the Services.

Is the website secure?

 

Yes, the portions of our website (and our other Services) that handle order placement and sensitive confidential information are secure.

 

We are committed to maintaining the security of your information and have measures in place to protect against the loss, misuse and alteration of the information under our control. We use industry standard practices to protect information and periodically review our system to determine if there are any issues with respect to intrusion by unauthorized individuals.  We intend to update our security as technology changes and new security measures are developed.  In addition, all information is stored in a secure location behind firewalls and other sophisticated security systems with limited (need-to-know) administrative access. All Island Deodorant employees who have access to, or are associated with, the processing of personal information are contractually obligated to respect the confidentiality of your information and abide by the privacy standards we have established. Please be aware that no security measures are perfect or impenetrable. Therefore, although we use industry standard practices to protect your privacy, we cannot (and do not) guarantee the absolute security of personal information.


Does this Policy apply to linked websites other than available through the Services?

 

No. The Services may contain links to other Internet websites. By clicking on a third party advertising banner or other link, you will be redirected out of the Services and to such third party websites. Furthermore, we may permit third parties to offer subscription and/or registration-based services through our Services. We are not responsible for the privacy policies of such websites. You should make sure that you read and understand the privacy policies of the third party websites and direct any concerns regarding external links to the third party website administrator or webmaster prior to providing any personally identifiable information.

 

EU Policy

 

Island Deodorant is proud to serve its customers located in the United States of America. While we may someday expand to other parts of the world, at this time, we are not offering products or services in the European Union and are not marketing in the European Union or targeting any persons in the European Union.  If you happen to be located in the EU and wish to be included on the mailing list for Island Deodorant, we encourage you to contact our site administrator to discuss our privacy policy and your rights to privacy at owner (at) islanddeodorant (dot) com .

Children’s Privacy.

 

Our Website and the services and products we offer and sell are intended for adults.  Therefore, it is unlikely that children under the age of 17 will use the Website or purchase the services or products we offer. Accordingly, we will not knowingly collect or use any personal information from children that we know to be under the age of 17. In addition, we will delete any information in our database that we know originates from a child under the age of 17.  If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your personal information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at owner (at) islanddeodorant (dot) com  .