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Terms of Use & Privacy Policy

TERMS OF USE

This is a fairly lengthy document; you might want to take a seat.

These Terms of use (“Terms”) are a legal contract between you as the user (“you” or “your”) and Phlur, Inc., which includes the Explore Naturals brand, (“PHLUR”, “we”, “us” or “our”) and govern your use of all the text, data, information, software, graphics, photographs and more (all of which we refer to as “Materials”) that we and our affiliates may make available to you, as well as any products (“Products”) and services (“Services”) we may provide through any of our Websites, including without limitation, www.phlur.com (all of which are referred to in these Terms as this “Website”).  You and we will be referred to collectively as “Everyone.”

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE.  USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.  YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW

CHANGES

We may alter the Materials, Products and Services we offer you and/or choose to modify, suspend or discontinue this Website at any time and without notifying you.  We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because everyone benefits from clarity, we promise to inform you of any modifications to these Terms by posting them on this Website and, if you have registered with us, by describing the modifications to these Terms in an email that we will send to the address that you provided during registration.  To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration.

If you object to any such modifications, your sole recourse shall be to cease using this Website.  Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website.  These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

GENERAL USE

You must be at least 18 years of age or an adult in your jurisdiction of residence to access and use the Website or order Products and Services from the Website.  If you are between 13 and 18 years of age, you can only use the Website and order Products and Services with the consent of your parent or legal guardian. Children under 13 years of age are not permitted to use or register to use the Website or order Products and Services.

We invite you to use this Website for your individual, consumer personal purposes ("Permitted Purposes").

In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials solely for the Permitted Purposes; your right to use the Materials is conditioned on your compliance with these Terms.  You have no other rights in this Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If you make copies of any of this Website while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on this Website.  

Unfortunately, if you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

USING THIS WEBSITE AND THE WEBSITE'S SERVICES

We’re happy you’re on our site. So happy that we don’t even require you to register with us to be here.

However, in order to place an order for Products, or access certain password-restricted areas of this Website, you must successfully register an account with us.

PASSWORD RESTRICTED AREAS OF THIS WEBSITE

If you want an account with us, you must submit the following information through the account registration page on this Website:

  • A working email address;
  • First and last name;
  • Password.

You can also register to receive news and information regarding our Products and Services by providing your email address.  You can opt-out of receiving such email communications at any time by using the unsubscribe button on the email or contacting us at support@phlur.com.

You can also provide us additional, optional information so that we can give you a more customized experience when using this Website. But if you don’t want to, that’s fine too. If you chose to create an account, and for as long as you continue to use it, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. And, if you forget your password, click the link to reset and we’ll set you up with a new one.

You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may setup through or on this Website.  Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges.  It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website (like Facebook).  Should you believe your password or security for this Website has been breached in any way, you should immediately notify us.

ADDITIONAL TERMS

Certain features, functions, and sections of this Website, and the purchase of Products and Services offered through this Website, may be subject to additional posted terms and conditions governing the use of such features, functions and sections and the purchase of such Products and Services (“Additional Terms”). Such additional posted terms and conditions are expressly incorporated into and made a part of these Terms. In addition, PHLUR may establish guidelines, policies, and codes of conduct governing the use of this Website and all such posted guidelines, policies, and codes of conduct are expressly incorporated into and made a part of these Terms.

TERMS AND CONDITIONS OF SALE

The Website allows you to purchase certain Products from us through our online store.  All orders are subject to email confirmation by us. Products displayed on the Website may be out-of-stock or discontinued.  Availability is not guaranteed.

All prices are in US Dollars, unless otherwise specified. Prices may change without notice from time to time.  The total amount shown due on the checkout page includes any sales tax applied in accordance with applicable state and local regulations based on your shipping address. The amount of sales tax will depend upon various factors, including the type of item purchased, sales price and destination of the shipment. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation email.

SHIPPING

You will be provided with options for shipping of the Products you purchase on the Website.  You are responsible for any expedited shipping costs for all Products you order as specified on your order confirmation.   You bear all risks of loss and damage to the Products from the time the same have been delivered to the carrier used to ship the Product. Delivery is deemed complete and title to the products passes to you upon acceptance of shipment by the carrier.

SCENTBOT DIGITAL COMPANION SMS NOTIFICATION

You will be given the option to receive text (SMS) communications to your mobile phone number regarding your order confirmation and status of shipment and for other customer service purposes.   Please note that if you opt-in receiving such notifications you may incur message and data rate charges depending on the plan you have with your wireless carrier. We are not liable for any such fees and charges. You can opt-out of receiving such notifications at any time by sending the message STOP to the number indicated in your notifications or by contacting us as indicated in the Contact Us section below.

RETURNS AND REFUNDS

Returns and refunds are subject to our Return and Refund Policy, as indicated in our FAQs.

DISPLAY OF PRODUCTS

We attempt to be as accurate as possible. However, the actual images, sizes, and colors you will see on the Website depend on your monitor and may not be accurate. We also cannot guarantee any product descriptions for any third-party Products listed or shown on this Website.

PAYMENTS

Payment on all orders is due upon completion of the order process in our online store.  By providing a payment method, you expressly authorize us and our designated payment processor to charge the applicable charges, including the purchase price on said payment method as well as taxes and shipping charges as applicable.  Please note that all orders and payments are non-cancelable and non-refundable once completed, except as set forth in our Return and Refund Policy.

ELECTRONIC COMMUNICATIONS

By using the Website and/or the Services or ordering Products provided on or through the Website, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services provided on or through the Website.  These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

PRIVACY POLICY

We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. So, if you want more information, check out our Privacy Policy (“Privacy Policy”).

LINKS TO THIRD-PARTY SITES

We think links are convenient, and we sometimes provide links on this Website to third-party websites. If you use these links, you will leave this Website. We are not obligated to review any third-party websites that you link to from this Website, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from this Website, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of this Website may allow you to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on this Website to be shared with your contacts in your third-party site account.

UNAUTHORIZED ACTIVITIES

We authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between you and us, all rights in this Website remain our property.

Unauthorized use of this Website may result in violation of various United States and international copyright laws. Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

  • For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;
  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website or Materials;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual;
  • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • To interfere with or disrupt this Website or servers or networks connected to this Website;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
  • Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.

You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

PROPRIETARY RIGHTS

PHLUR is a registered trademark of Phlur, Inc. in the United States. In addition, GREYLOCKE, HANAMI, HEPCAT, MOAB, OLMSTED & VAUX, SANDARA, SIANO, ANNICA, CLAREMONT, HOWL, and the lotus device are registered trademarks of Phlur, Inc. in the United States. Other trademarks, names and logos on this Website, are the property of their respective owners.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are our sole property or have been licensed to us, Copyright © 2018 Phlur, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

DISCLAIMER OF WARRANTIES

THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, THE PRODUCT OR SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS.

Without limiting the generality of the foregoing, we make no warranty that this Website will meet your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by you through this Website or from us or our subsidiaries / other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

LIMITATION OF LIABILITY

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE.  IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

LOCAL LAWS; EXPORT CONTROL

We control and operate this Website from our headquarters in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations.  If you use this Website outside the United States of America, you are solely responsible for following applicable local laws.

FEEDBACK

Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please Read This Provision Carefully.  It Affects Your Legal Rights.

This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us.  Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is more efficient and effective than litigation for both of us.  To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).

EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

PRE-ARBITRATION CLAIM RESOLUTION

For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute which is first done by emailing us at legal@phlur.com the following information: (1) your name, (2) your address, (3) A written description of your Claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration.  You may pursue your dispute in a court only under the circumstances described below.

EXCLUSIONS FROM ARBITRATION/RIGHT TO OPT OUT

Notwithstanding the above, you or we may choose to pursue a dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”).  You may opt-out of this Provision by emailing us at legal@phlur.com the following information: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us.  But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

ARBITRATION PROCEDURES

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or we may initiate arbitration in either Austin, Texas or the federal judicial district that includes your billing address. In the event that you select the latter, we may transfer the arbitration to Austin, Texas so long as we agree to pay any additional fees or costs, which the arbitrator determines you incur as a result of the transfer.

Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses.  In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

CLASS ACTION WAIVER

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration.  If you choose to pursue your dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

JURY WAIVER

You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

SEVERABILITY

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

CONTINUATION

This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of this Website.  Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.

REFER A FRIEND PROGRAM

As a PHLUR Refer a Friend member (a “Referrer”), you are subject to PHLUR’s Terms of Use and PHLUR’s Privacy Policy, as well as the following additional Terms & Conditions for specific to the Refer a Friend program:

QUALIFIED REFERRAL

A Qualified Referral is defined as a purchase made at www.phlur.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer a Friend program link. The Referred Customer will receive a $10 credit towards a purchase of their choice. You are limited to one Qualified Referral for each Referred Customer; in other words, additional / repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.

REFERRED CUSTOMER

The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).

REFERRAL REWARDS

For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than $18 in total value before their referral credit, or greater than $8 after their referral credit (for example, by buying a Sample Set).

REWARD PAYMENTS

Rewards are payable in increments of $10. You may only apply one Referral Reward payment per future purchase; rewards can accrue from multiple Referred Customers, but will not stack (in other words, if you generate two Qualified Referrals, you will accrue 2 x $10 reward credits, which need to be used in separate future transactions by you).

ELIGIBILITY

Eligibility is limited to individuals only. PHLUR’s Refer a Friend Program cannot be used by businesses for affiliate lead generation as determined in PHLUR’s sole discretion.

NO SPAM

You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from PHLUR’s Refer-a-Friend program.

RIGHT TO CLOSE ACCOUNTS

PHLUR reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the PHLUR Refer a Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

RIGHT TO CANCEL PROGRAM OR CHANGE TERMS

PHLUR reserves the right to cancel the Refer a Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

GENERAL

We think direct communication solves most issues, so if we feel that you are not complying with these Terms, we will tell you. We will even provide you with recommended necessary corrective action(s) because we value your relationship with us.

However, certain violations of these Terms, as determined by us, may require immediate termination of your access to this Website without prior notice to you.  The Federal Arbitration Act, Texas state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in Austin, Texas. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between everyone about this Website. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CALIFORNIA CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service are provided by Phlur, Inc., 2400 E Cesar Chavez, Suite 320 Austin, TX 78702. If you have a question or complaint regarding the Website or Service, please contact Customer Service at support@phlur.com. You may also contact us by writing Phlur, Inc., 2400 E Cesar Chavez, Suite 320 Austin, TX 78702. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

CONTACT US

If you have any questions about these Terms, or need to contact us for any reason, reach out to us at hello@explorenaturals.com. Thanks!


PRIVACY POLICY

Welcome to our public Privacy Policy. Phlur, Inc., which includes the Explore Naturals brand, (“PHLUR”, “we”, “us” or “our”) values your privacy.  In this Privacy Policy (“Policy”), we describe how we collect, use, and disclose information that we obtain about visitors to our website www.phlur.com (the “Site”) and the products and services available through our Site (collectively, the “Services”), and how we use and disclose that information.

By visiting the Site, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service, including its applicable limitations on damages and the resolution of disputes. The PHLUR Terms of Service are incorporated by reference into this Policy.

WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY?

We may collect information about you directly from you and from third parties, as well as automatically through your use of our Site or Services.

Information We Collect Directly From You. Certain areas and features of our Site and Services require registration. To register you must provide your name, email, and a password for your account. In addition, if you make a purchase, we will also request that you provide your credit or debit card information and your billing and shipping address.  We also need to collect your mobile phone number if you opt-in to our Scentbot Digital Companion SMS notification (see below). We may also collect other information from you in response to surveys or questionnaires that we may offer on the Site or send to you by email, including information on your interests and preferences. You are not required to provide such information to us in order to use the Site or Services.

Information that We Collect About You from Social Networking Sites. You also may log into our Site and Application through your Facebook account. If you do this, we obtain information from these sites as follows:

Facebook. If you log into our Site or Application using Facebook, you must enter your Facebook email address and password. We will ask that you grant us permission to: (i) access and collect your Facebook basic information (this includes your name, profile picture, gender, networks, user IDs, list of friends, age range, email address, and any other information you have set to public on your Facebook account); (ii) send you email; (iii) access posts in your newsfeed; and (iv) access your Facebook data at any time even if you are not using Facebook. If you allow us to have access to this information, then we will have access to this information even if you have chosen not to make that information public.

We store the information that we receive from Facebook with other information that we collect from you or receive about you.

Any third-party social networking site controls the information it collects from you. For information about how they may use and disclose your information, including any information you make public, please consult their respective privacy policies. We have no control over how any third party site uses or discloses the personal information it collects about you.

Information We Collect Automatically. We may automatically collect the following information about your use of our Site or Services through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Site and or use our Services; and the referring URL, or the webpage that led you to our Site, and the following: access time, browser type, device ID, IP address, page views and referring URL. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

HOW WE USE YOUR INFORMATION

We use your information, including your personal information, for the following purposes:

  • To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, to fulfill your orders, to notify you about your order confirmation and for other customer service purposes.
  • To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.
  • For marketing and promotional purposes. For example, we may use your information, such as your email address, or home mailing address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third party websites.
  • To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and Services and respond to user desires and preferences, and for other research and analytical purposes.

HOW WE SHARE YOUR INFORMATION

We may share your information, including personal information, as follows:

  • PHLUR Users. Any information that you post to our Site, including, without limitation, reviews, comments, and text will be available to, and searchable by, all users of the Site and Services.
  • Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
  • Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.
  • Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
  • In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
  • To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which PHLUR is involved.
  • Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

SMS NOTIFICATION

You will be given the option to receive text (SMS) communications to your mobile phone number regarding your order confirmation and status of shipment and for other customer service purposes. Please note that if you opt-in receiving such notifications you may incur message and data rate charges depending on the plan you have with your wireless carrier. We are not liable for any such fees and charges.

You can opt-out of receiving such notifications at any time by sending the message STOP to the number indicated in your notifications or by contacting us as indicated in the Contact Us section below.

Our Use of Cookies and Other Tracking Mechanisms We and our third party service providers use cookies and other tracking mechanisms to track information about your use of our Site or Services. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third Party Ad Network section.

COOKIES

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service. There are two types of cookies: session and persistent cookies.

SESSION COOKIES

Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.

PERSISTENT COOKIES

Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, and to display advertising both on our Site and on third-party sites.

DISABLING COOKIES

Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.

THIRD-PARTY ANALYTICS

We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site and, to the extent permitted, our Application. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services.

THIRD-PARTY AD NETWORKS

We use third parties such as network advertisers to display advertisements on our Sites, to assist us in displaying advertisements on third party websites, and to evaluate the success of our advertising campaigns. Network advertisers are third parties that display advertisements based on your visits to our Site as well as other websites. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested. Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information about your usage of our Site and our services, as well as aggregate or non-personally identifiable information about visitors to our Site and users of our service.

You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”).  For more information regarding this practice by NAI and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp (NAI) and www.aboutads.info/choices (DAA).

Opting out of one or more NAI member or DAA member networks (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our Site or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI and DAA’s websites accessible by the above links.

THIRD-PARTY LINKS

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

SECURITY OF MY PERSONAL INFORMATION

We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

ACCESS TO MY PERSONAL INFORMATION

You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time.

WHAT CHOICES DO I HAVE REGARDING USE OF MY PERSONAL INFORMATION?

We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account, your orders, or any Services you have requested or received from us.

CHILDREN UNDER 13

Our Site and Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

CONTACT US

If you’ve read this far, you probably feel pretty close to us. We feel close to you, too. And since we’re so close, feel free to contact us. If you have questions about the privacy aspects of our Services or would like to share a concern, please contact us at support@phlur.com.

CHANGES TO THIS POLICY

This Policy is current as of the Effective Date set forth above. We may change this policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site, at Privacy Policy. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site, or by emailing registered users at the most recent email address they provided.

YOUR CALIFORNIA PRIVACY RIGHTS

Pursuant to California Civil Code Section 1798.83(c)(2), PHLUR does not share your personal information with third parties for those parties’ direct marketing use unless you request that we do so.  However, subject to California Civil Code Section 1798.83 if you are a California resident, you can request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to hello@explorenaturals.com.