Terms

Welcome! Hawthorne Lab Inc. (“we”, “our,” or “us”) provides its services through its website located at hawthorne.co along with related features, content, applications, and products (collectively with the Site, the “Services” or “Hawthorne”)

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.

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 provides custom tailored personal care product 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, 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@hawthorne.co.
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, 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 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. When creating an account, you may be required to provide your name, email address and/or other contact information. You will provide us with accurate and up-to-date information. 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 Personal Care Package

Select Your Products. We offer custom tailored personal care product packages (“Products”). Our Products 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 Product package and analysis regarding the properties of each Product. This may include our classic cologne scents, which are pre-selected and designed to be ideal for both work and play
Delivery Information. We’ll need your name, address, and telephone number to send you your Hawthorne Products. All orders are shipped to the 50 United States for free and we have an express options available for an additional fee. Products should arrive within 7-10 business days.
Fees; Subscription Service. You may select a one-time Product purchase, or you may sign up for a subscription for recurring Product shipments. If you sign up for a subscription, then the Services will allow for recurring payments for periodic charges (“Subscription Service”). If you activate or update your Subscription Service through the Services, then you authorize us to periodically charge, on a going-forward basis and until cancellation of the recurring payments or your account, or until you request that the Subscription Service be paused through your account functionality, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Subscription Service. For information about the Subscription Service fees, please visit hawthorne.co/account and log into your account. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. Then, the subscription will continue unless and until you cancel or pause your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your account information). You may pause your Subscription Service (for an indefinite period of time) through the functionality provided on the Services or by contacting us at help@hawthorne.co.
Payment. After you have made your Product selections and provided your shipping information, our payment partner, Stripe, will process the transaction. By entering your payment information, you authorize Stripe to charge the amount of your order to your selected payment option. As noted below, we have no control over third-party Stripe and by purchasing Products through Hawthorne, you agree to abide by Stripe terms of use and privacy policy. We reserve the right to suspend or terminate the Subscription Service for any accounts for which any amount is due but unpaid. In addition to the amount due for the Subscription Service, such accounts will be charged with fees or charges that are incidental to any chargebacks or collection of any such unpaid amounts including collection fees.
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@hawthorne.co 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 Product after you receive it. You may be able to obtain refills of certain Products by logging into your account at hawthorne.co/account.
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).
Returns and Exchanges. You have 30 days to return or exchange your Hawthorne Products from the day you receive them. We provide free return shipping for orders within the 50 states in the United States and Puerto Rico. Please visit the FAQ for additional information on returns and exchanges.

Hawthorne SMS Program

Hawthorne promotional marketing text messages inform you about new products or sales.
You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at help@hawthorne.co.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our privacy policy.

Third Party Services and Content

We utilize links and other tools to connect users to third party services and websites, such as Stripe 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 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, 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. 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 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’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 other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate the license to use Hawthorne.

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 (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 to use your User Content for promotional purposes and to improve the Services. You agree that the User Content provided to Hawthorne is non-confidential and Hawthorne 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 LAW, IN NO EVENT WILL WE BE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, 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 OR PRODUCTS PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR HAWTHORNE’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.

Warranty Disclaimer

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

which users access Hawthorne;
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.

To the fullest extent permitted by law, you release us from all liability related to you acquiring or not acquiring content through Hawthorne. Hawthorne 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. Your interactions with organizations and/or individuals found on or through Hawthorne, 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.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES AND PRODUCTS 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.

Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Hawthorne 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 unauthorized 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 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 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

Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Informal Resolution. Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at help@hawthorne.co. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section govern dispute resolution between us.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Agreement or the use of any product or service provided by us that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and us, and to any of our licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration must be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will mutually select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, WE EACH WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court located in New York, New York.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
Notwithstanding any provision in these terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.
Small Claims Court. Notwithstanding the foregoing, either you or us may bring an individual action in small claims court.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in New York, New York for such purpose.

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.

Consent to Electronic Communications

By using the Services, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Questions or Comments

We welcome comments, questions, concerns, or suggestions. Please contact us at help@hawthorne.co.

Effective Date: November 28, 2018
We know that Terms can be long. Thanks for making it to the end?