Terms of service
Please read these terms of service fully and carefully before using Drift.co (the “site”) and the services, features, content, applications, or products offered by gentscents, llc, d/b/a Drift (“we,” “us,” “our,” or “Drift”) (together with the site, the “services”).
These terms of service set forth the legally binding terms and conditions for your use of the site and the services.
ACCEPTANCE OF TERMS OF SERVICE
NOTICES AND RESTRICTIONS
AVAILABILITY OF CONTENT
RULES OF CONDUCT
THIRD PARTY SERVICES
APPLE DEVICE AND APPLICATION TERMS
IN APP PURCHASES
PAYMENTS AND BILLING
CURRENT INFORMATION REQUIRED
CHANGE IN AMOUNT AUTHORIZED
AUTO-RENEWAL FOR SUBSCRIPTION SERVICES
REAFFIRMATION OF AUTHORIZATION
FREE TRIALS AND OTHER PROMOTIONS
LIMITATION OF LIABILITY
GOVERNING LAW AND JURISDICTION
ENTIRE AGREEMENT AND SEVERABILITY
EFFECTIVE DATE OF TERMS OF SERVICE
Acceptance of terms of service
By registering for and/or using the services in any manner, including but not limited to visiting or browsing the site, you agree to these terms of service and all other operating rules, policies and procedures that may be published from time to time on the site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the services may be subject to additional terms and conditions specified by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these terms of service by this reference.
These terms of service apply to all users of the services, including, without limitation, registered and unregistered users.
Arbitration notice and class action waiver: except for certain types of disputes described in the arbitration section below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the services.
We may, in our sole discretion, refuse to offer the services to any person or entity and change its eligibility criteria at any time.
You are solely responsible for ensuring that these terms of service are in compliance with all laws, rules and regulations applicable to you and the right to access the services is revoked where these terms of service or use of the services is prohibited or to the extent offering, sale or provision of the services conflicts with any applicable law, rule or regulation.
Further, the services are offered only for your use, and not for the use or benefit of any third party.
To sign up for the services, you must register for an account on the services (an “account”).
You must provide accurate and complete information and keep your account information updated.
You shall not:
- (i) select or use as a username a name of another person with the intent to impersonate that person;
- (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or
- (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.
You are solely responsible for the activity that occurs on your account, and for keeping your account password secure.
You may never use another person’s user account or registration information for the services without permission.
You must notify us immediately of any change in your eligibility to use the services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your account.
You should never publish, distribute or post login information for your account.
You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates.
Subject to your compliance with this agreement, gentscents dba Drift hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the services and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the services (collectively, the “content”), solely for your personal, non-commercial use.
You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the content except as expressly set forth in this agreement.
You may not remove any copyright or other proprietary notices from any content.
If you breach any term of this agreement, your authorization to use the services and content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to:
- (a) attempt to disable or circumvent any security mechanisms used by the services or content or otherwise attempt to gain unauthorized access to any portion of the services or content or any other systems or networks connected to the site, or to any server of Drift or its third party service providers, by hacking, password “mining”, or any other illegal means;
- (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the services or content;
- (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the services or with any other person’s use of the services;
- (d) track or seek to trace any information on any other person who visits the site or applications, or uses our services;
- (e) use the services or content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this agreement or applicable laws, rules or regulations;
- or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the site, applications, services, or content.
For purposes of these terms of service, the term “content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the services. You acknowledge that all content accessed by you using the services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
We do not guarantee that any content you access on or through the services is or will continue to be accurate.
Notices and restrictions
The services may contain content specifically provided by us or our partners and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.
You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the services.
Availability of content
We do not guarantee that any content will be made available on the site or through the services.
We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these terms of service), or for no reason at all and (ii) to remove or block any content from the services.
Rules of conduct
You are responsible for all of your activity in connection with the services.
You shall not:
- (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
- (ii) interfere or attempt to interfere with the proper working of the services or any activities conducted on the services;
- (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the services (or other accounts, computer systems or networks connected to the services);
- (iv) run any form of auto-responder or “spam” on the services;
- (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the site;
- (vi) harvest or scrape any content from the services;
- (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate,
- (viii) upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or
- (ix) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly):
- (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction,
- (ii) modify, translate, or otherwise create derivative works of any part of the services, or
- (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. you shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
- (i) satisfy any applicable law, regulation, legal process or governmental request,
- (ii) enforce these terms of service, including investigation of potential violations hereof,
- (iii) detect, prevent, or otherwise address fraud, security or technical issues,
- (iv) respond to user support requests, or
- (v) protect the rights, property or safety of us, our users and the public.
All orders of our products must be for personal use only.
By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes.
If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
Third party services
The services may permit you to link to other websites, services or resources on the internet, and other websites, services or resources may contain links to the services.
When you access third party resources on the internet, you do so at your own risk.
These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.
The inclusion of any such link does not imply our endorsement or any association between us and their operators.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Apple device and application terms
If you are accessing the services via an application on a device provided by apple, inc. (“apple”) or an application obtained through the apple app store, the following shall apply:
- both you and Drift acknowledge that these terms of service are concluded between you and Drift only, and not with apple, and that apple is not responsible for, does not endorse, and is not involved in the application;
- the application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the services for your private, personal, non-commercial use, subject to all the terms and conditions of these terms of service as they are applicable to the services;
- you will only use the application in connection with an apple device that you own or control;
- you acknowledge and agree that apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application;
- in the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify apple of such failure; upon notification, apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the application;
- you acknowledge and agree that Drift, and not apple, is responsible for addressing any claims you or any third party may have in relation to the application;
- you acknowledge and agree that, in the event of any third party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, Drift, and not apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- you represent and warrant that you are not located in a country subject to a u.s. government embargo, or that has been designated by the u.s. government as a “terrorist supporting” country, and that you are not listed on any u.s. government list of prohibited or restricted parties;
- both you and Drift acknowledge and agree that, in your use of the application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use;
- both you and Drift acknowledge and agree that apple and apple’s subsidiaries are third party beneficiaries of these terms of service, and that upon your acceptance of these terms of service, apple will have the right (and will be deemed to have accepted the right) to enforce these terms of service against you as the third party beneficiary hereof.
In app purchases
Through the applications, you may purchase (“in app purchase”) certain goods designed to enhance the performance of the services (“goods”).
When you purchase goods, you are doing so through the apple itunes service and you are agreeing to its terms and conditions.
We are not a party to any in app purchase.
Payments and billing
Certain of our services, including the purchase of any products offered by us, may be subject to payments now or in the future (the “paid services”).
Please see our help / faq at drift.co for a description of the current paid services.
Please note that any payment terms presented to you in the process of using or signing up for a paid service are deemed part of this agreement.
We use a third-party payment processor (the “payment processor”) to bill you through a payment account linked to your account on the services (your “billing account”) for use of the paid services.
The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to this agreement.
We are not responsible for errors by the payment processor.
By choosing to use paid services, you agree to pay us, through the payment processor, all charges at the prices then in effect for any use of such paid services in accordance with the applicable payment terms and you authorize us, through the payment processor, to charge your chosen payment provider (your “payment method”).
You agree to make payments using that selected payment method.
We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
If we, through the payment processor, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.
Some of the paid services, such as the purchase of auto-replacing car air fresheners or other products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you.
You will have the ability to specify how regularly you would like to order any auto-replacing products. more information on auto-replacing products can be found at our help / faq page. by choosing a recurring payment plan, you acknowledge that such services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
All recurring payments are fully earned upon payment.
We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method.
Such notice will not affect charges submitted before we reasonably could act.
To terminate your authorization or change your payment method, go to www.drift.co
Current information required
You must provide current, complete and accurate information for your billing account.
You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.
Changes to such information can be made at www.drift.co
If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
If the amount to be charged to your billing account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction.
Any agreement you have with your payment provider will govern your use of your payment method.
You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-renewal for subscription services
Unless you opt out of auto-renewal, which can be done through your account settings www.drift.co, any subscription services, such as any auto-replacing products (“subscription services”), you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate.
To change or resign your subscription services at any time, go to account settings www.drift.co
If you terminate a subscription service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires.
All fees related to subscription services are fully earned upon payment.
Your non-termination or continued use of a paid service (including subscription services) reaffirms that we are authorized to charge your payment method for that paid service.
We may submit those charges for payment and you will be responsible for such charges. this does not waive our right to seek payment directly from you.
Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the paid service.
Free trials and other promotions
Any free trial or other promotion that provides access to a paid service (a “trial offer”) must be used within the specified time of the trial.
You will be required to have a valid payment method on file in order to initiate a trial offer.
You must stop using a paid service before the end of the trial offer period in order to avoid being charged for that paid service.
If you cancel prior to the end of the trial offer period and are inadvertently charged for a paid service, please contact us at email@example.com trial offers are one-time only for new customers and are limited to one per household.
Additional terms and limitations may apply and will be more fully explained at the time you sign up for the trial offer.
Any such additional terms and limitations are deemed part of this agreement.
These are the terms and conditions applicable to the Drift referral program (the “program”).
Under the program, Drift offers its members the opportunity to provide their friends, family, or other individuals (“prospective members”) with a unique referral id link (“personal link”) that a prospective member can use to sign up for Drift services (“subscription”).
For each qualified referral (defined below) generated through the member’s personal link, the member may receive a Drift credit (“credit”) as specified on the company’s referral program page.
We reserve the right to terminate this program at any time for any reason.
Members and prospective members that wish to take part in the program are bound by these terms.
If you do not agree to and abide by these terms in their entirety you are not authorized to participate in the program.
Members and prospective members may not participate in the program where doing so would be prohibited by any applicable law or regulations.
We reserve the right to modify or amend at any time these terms and the methods through which any credits may be earned.
We reserve the right to disqualify any member or prospective member at any time from participation in the program.
Children: no part of the program is directed to persons under the age of 13. If you are under 13 years of age, please do not use or access the program at any time or in any manner.
We may terminate your access to all or any part of the services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.
If you wish to terminate your account, you may do so by following the instructions on the site or through the services.
Any fees paid hereunder are non-refundable. All provisions of these terms of service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Prospective members that wish to use a member’s personal link must submit personal information about themselves, such as name and e-mail address information, so that the company can track the member’s personal link to their account and prescribe them the credit.
In addition, personal information provided by the prospective member may be used by the company or its service provider, on company's behalf, to contact members and/or prospective members in regard to their participation in the program and to receive e-mail communications from company about its products and services.
The company may send out additional follow-up communications to either the member or prospective member to encourage or remind them to refer more prospective members or to complete the registration process.
By participating in the program, members consent to receiving such communications by email.
We have no special relationship with or fiduciary duty to you.
You acknowledge that we have no duty to take any action regarding:
- which users gain access to the services;
- what content you access via the services;
- or how you may interpret or use the content.
You release us from all liability for you having acquired or not acquired content through the services.
We make no representations concerning any content contained in or accessed through the services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the services.
The services and content are provided “as is,” “as available,” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that:
- (i) the services will be secure or available at any particular time or location;
- (ii) any defects or errors will be corrected;
- (iii) any content or software available at or through the services is free of viruses or other harmful components;
- or (iv) the results of using the services will meet your requirements.
Your use of the services is solely at your own risk.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the services or content in violation of these terms of service, or infringement by you, or any third party using your account or identity in the services, of any intellectual property or other right of any person or entity.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
If your product arrives defective in any way or becomes defective within fourteen (14) days of receiving the product, Drift will refund the amount paid for your most recent month of service.
Refund requests must be made directly to drift at firstname.lastname@example.org.
Promptly following Drift receipt of your request (typically within five (5) business days), Drift will credit the amount paid for the returned product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the payment method you used to make the original purchase.
Notwithstanding the foregoing, Drift does not control when a specific credit card or payment method company processes a chargeback transaction.
You are responsible for contacting your credit card or payment method company if you have questions about the status of the chargeback.
Drift will not provide a refund for a request that is received by Drift more than fourteen (14) days after the date of original shipment.
Drift also does not provide a refund for returned products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
If you are unhappy with your product for any other reason, Drift will compensate you at their discretion with either awarded loyalty points, replacement of product, and/or refund of purchase price.
Limitation of liability
In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services:
- (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising),
- (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination),or
- (iii) for any direct damages in excess of (in the aggregate) of the greater of
- (a) fees paid to us for the particular services during the immediately previous three (3) month periodor
- (b) $500.00.
Arbitration clause & class action waiver – important – please review as this affects your legal rights.
You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these terms of service, your use of the services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the american arbitration association's rules for arbitration of consumer-related disputes and you and we hereby expressly waive trial by jury; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York.
Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court.
You may bring claims only on your own behalf.
Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.
You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding.
This dispute resolution provision will be governed by the federal arbitration act and not by any state law concerning arbitration.
In the event the american arbitration association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the judicial arbitration and mediation services.
Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these terms of service.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the services or these terms of services must be filed within one (1) year after such claim of action arose or be forever banned.
This arbitration agreement will survive the termination of your relationship with us.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration section will be null and void.
Governing law and jurisdiction
These terms of service shall be governed by and construed in accordance with the laws of the state of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these terms of service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of New York county, New York.
Entire agreement and severability
These terms of service are the entire agreement between you and us with respect to the services, including use of the site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the services.
If any provision of these terms of service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms of service will otherwise remain in full force and effect and enforceable.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These terms of service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent.
We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers.
Limit one coupon code per order.
Coupon codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself.
The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited.
Coupon codes are void where prohibited, taxed or restricted.
Drift reserves the right to change or limit coupon codes in its sole discretion.
No agency, partnership, joint venture, or employment relationship is created as a result of these terms of service and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these term of service, all notices under these terms of service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Electronic notices should be sent to email@example.com
Our failure to enforce any part of these terms of service shall not constitute a waiver of our right to later enforce that or any other part of these terms of service.
Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
In order for any waiver of compliance with these terms of service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these terms of service are for convenience only and shall not affect their interpretation.
You may contact us at the following address:
Drift, llc. 590 N Kays dr. Ste 110, Kaysville, UT 84037
Effective date of terms of service
September 30, 2019