Terms of Use

Welcome! Hawthorne For Men LLC (“we”, “our,” or “us”) provides its services through its website located at hawthorneformen.com along with related features, content, applications, and products (collectively with the Site, the “Services” or “Hawthorne For Men”).

Before using any of our Services, please reads these Terms of Use (the “Terms”, the “Agreement”) carefully, and any other policies or notices on the Site, and our Privacy Policy. Together these materials contain terms, rules, and guidelines related to your use of Hawthorne For Men.

Overview

We know Terms can be long and confusing, so we will do our best to keep things as clear and concise as possible. This section is a brief summary of the highlights of this Agreement. Know that when you accept this Agreement, you are accepting all of the terms and conditions and not just this section.

  • Hawthorne For Men provides custom tailored cologne packages designed to match each individual’s preferences, lifestyle, background, and body chemistry.
  • By simply using any of our Services, including just browsing our website, you are agreeing to our Terms, so please read carefully.
  • These Terms outline approved uses of Hawthorne For Men, various licenses we grant to you, and the licenses you grant to us.
  • We take our commitment to customer service seriously and will work with you to make sure you are happy with your custom tailored packages.
  • If you have any questions or comments related to this Agreement please email us at help@hawthorneformen.com.
  • If you do not agree to this Agreement or any modifications to this Agreement, you should not use our Site or Services.

How You Accept this Policy

By accessing or using our Services you acknowledge that you have read, understood and agree to these Terms, the accompanying Privacy Policy.

We may modify the Terms at any time. Any changes to the Terms will be reflected on this page and will become effective immediately upon posting. If the changes are significant, we will do our best to notify you via email or through a notification. Please check the effective date below to determine if there have been any changes since you have last reviewed the Terms.

If you do not agree to this Agreement or any modifications to this Agreement, you should not use our Site or Services.

Eligibility

We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use our Services. If you are under 18 years old and would like to use our Services, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.

You can only use or receive our Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you.

By using Hawthorne For Men, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria.

We offer our Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).

Account Information

If you sign up for Hawthorne For Men account, you will be responsible for maintaining the confidentiality of your account information and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Getting Your Cologne Package

  1. Select Your Cologne. We offer custom tailored scent packages. Our custom scent packages are tailored for each customer and created based on body chemistry, background, lifestyle and personal preferences. After filling out a brief survey, we create a unique profile consisting of a recommended cologne package and analysis regarding the scent properties of each cologne. Our classic scents are pre-selected and designed to be ideal for both work and play.
  2. Delivery Information. We’ll need your name, address, and telephone number to send you your Hawthorne For Men purchases. All orders are shipped to the 50 United States and Puerto Rico for free and we have an express options available for an additional fee. Custom scent packages should arrive within 7-10 business days.
  1. Payment. After you have made your fragrance package selections and provided your shipping information, our payment partner, Shopify, will process the transaction. By entering your payment information, you authorize Shopify to charge the amount of your order to your selected payment option. As noted below, we have no control over third-party Shopify and by purchasing cologne through Hawthorne For Men, you agree to abide by Shopify’s terms of use and privacy policy.
  1. Changing or Cancelling an Order. Our team works hard to process orders quickly so that you don’t have to wait. However, this also means that although we try our best to accommodate order modifications, we cannot guarantee them. If you would like to change or cancel an order, email us at help@hawthorneformen.com with the subject line “Change/Cancel Order.” If we are unable to make the requested change or cancellation, usually because we have already shipped the order, we will provide you with a prepaid return shipping label so that you can still return the cologne packages after you receive them.
  1. You can obtain refills of a desired scent by filling out a form on our re-order page: hawthorneformen.com/reorder
  1. Risk of Loss. The risk of loss and title for all products you order passes to you upon delivery to the carrier (such as FedEx, UPS, or USPS).
  1. Returns and Exchanges. You have 30 days to return or exchange your Hawthorne For Men cologne packages from the day you receive them. We provide free return shipping for orders within the 50 United States and Puerto Rico. Please click hawthorneformen.com/shipping-returns for additional information on returns and exchanges.

Third Party Services and Content

We utilize links and other tools to connect users to third party services and websites, such as Shopify to process payments (“Third Party Services”). We have no control over the content and policies of these Third Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies. Users who access or use a Third Party Service through Hawthorne For Men are solely responsible for complying with the terms and policies of these third parties.

In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service.

Your Use of Our Services

When using Hawthorne For Men, in accordance with these Terms, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license. However, that license is subject to your good behavior.  If you use our Services, we ask that you abide by basic common sense ground rules — specifically:

Don’t Use Our Service to Break the Law. You agree that you will not violate any laws when using our services. This includes any local, provincial, state, federal, national and international laws that may apply to you.

Don’t Try To Harm Our System. You agree not to distribute any virus or other harmful computer code through Hawthorne For Men. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or our third party providers’ infrastructure.

Don’t Attempt to Circumvent our Security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services.

Don’t Steal From Us. You agree not to “crawl,” “scrape,” or “spider” Hawthorne For Men or reverse engineer or attempt to obtain our source code or data.

Don’t Copy From Us. You agree not to copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of Hawthorne For Men’s content, including without limitation any marks, in any form or by any means, including — but not limited to — electronic, mechanical, photocopying, recording, or otherwise.

Any use of Hawthorne For Men other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate the license to use Hawthorne For Men.

License You Grant to Us Over User Content

There are areas of the Site and areas on third party sites where you can communicate with us. We do not own any of your content but by providing content to us, you grant us a license to use it. These communications between you and Hawthorne will be referred to as “User Content.”

When you submit, post, or otherwise direct communications to Hawthorne For Men (through the Site; through our pages on third party sites, such as Instagram, Twitter, Facebook, Pinterest, Tumblr, Yelp, Reddit, Soundcloud, Spotify, Vimeo, and Youtube; through email; or via a telephone call with a member of our team) you give us a license to modify, use, adapt, copy and publish this content. You agree that this license includes the right for Hawthorne For Men to use your User Content for promotional purposes and to improve the Services. You agree that the User Content provided to Hawthorne For Men is non-confidential and Hawthorne For Men has the right to unrestricted use for any purpose, commercial or otherwise without acknowledgment or compensation to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE “HAWTHORNE PARTIES”) BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR HAWTHORNE FOR MEN’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $100.00.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

Warranty Disclaimer

You understand and agree that we have no control over and no duty to take any action regarding:

  • which users access Hawthorne For Men;
  • what content you access via our Site;
  • what effects the content may have on you;
  • how you may interpret or use the content; or
  • what actions you may take as a result of your exposure to the content.

You release us from all liability related to you acquiring or not acquiring content through Hawthorne For Men. Hawthorne For Men may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through our Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through Hawthorne For Men. Your interactions with organizations and/or individuals found on or through Hawthorne For Men, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Hawthorne For Men Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s’ fees) arising from: (i) your use of and access to the Site; (ii) any User Content you post, upload, use, distribute, store or otherwise transmit through the Site; (iii) your violation of any term of this Agreement; or (iv) your violation of any law, rule or regulation, or the rights of any third party.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law

This Agreement shall be governed by the laws of the State of New York, without giving any effect to any conflict of law principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

Note to International Users

Hawthorne For Men is hosted in the United States. If you are a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which are governed by US law, you are transferring your personal information to the United States and you consent to that transfer.

Termination

We reserve the right to terminate your license to use Hawthorne For Men or block or prevent your access to our Services, without providing you with notice or reason. In the event of termination, your obligations under this Agreement will still continue.

No Waiver

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

Severability

If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

Arbitration & Waiver of Class Action

You and Hawthorne For Men, LLC agree to arbitrate any dispute arising from this Agreement or your use of the Services on an individual basis. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. YOU AND HAWTHORNE FOR MEN LLC HEREBY EXPRESSLY WAIVE TRIAL BY JURY. You and Hawthorne For Men LLC agree that: (i) any arbitration will occur in New York, New York; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND HAWTHORNE FOR MEN, LLC WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

Force Majeure

We shall not be held liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

Assignment

You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

Entire Agreement

This Agreement sets forth the entire understanding and agreement as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.

Questions or Comments

We welcome comments, questions, concerns, or suggestions. Please contact us at hawthorneformen.com.

Effective Date: September 29, 2016

We know that Terms can be long.  Thanks for making it to the end!