Terms & Conditions

This website is operated by Smell-O-Gram LLC. Throughout the site, the terms “we”, “us”, “our”, and the “company” refer to Smell-O-Gram.com. Smell-O-Gram LLC offers this website, including all information, tools and services available from this site to you, “you”, the “user”, or “customer”, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By agreeing to these terms of service, you are entering into a legally binding contract with the company.

This agreement contains language and sections that will affect your right to litigate through the basis of agreement with respect to products and services utilized by you in association with the use of Smell-O-Gram.com. Smell-O-Gram.com is not responsible for any repercussions resulting from the actions the customer took by ordering from us. We are not responsible for any social or economic repercussions associated with our products.

This agreement also contains an INDEMNIFICATION, RELEASE, and HOLD HARMLESS Provision requiring you to indemnify and hold harmless Smell-O-Gram.com for any damage that may result from, or relate to, your use of Smell-O-Gram.com.

1. General Conditions

Smell-O-Gram.com reserves the right to refuse service to anyone at any time for any reason.

You agree not to duplicate, copy, sell, resell, or exploit any product, use of service, access to the service, or contact history by the service without express written consent by us.

The layout of this Terms and Service agreement will not limit or affect these terms in any way.

We represent that Smell-O-Gram.com is intended solely for non-malicious purposes and is intended to be used solely for humorous purposes
Smell-O-Gram.com will not disclose your name to the recipient under any circumstances, except in the event you violate these terms and conditions. In this event, we reserve the right to disclose originally anonymous information to protect Smell-O-Gram.com under penalty of court systems, law enforcement agencies, or litigation.

2. Hold Harmless / Indemnification

You agree to indemnify, defend, and hold harmless Smell-O-Gram.com, its affiliates, officers, directors, employees, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees) arising out of or relating to:

- Your violation of these Terms of Service or any applicable law or regulation

- Your use of the Website or Services

- Any transaction or interaction you have with other users, third-party service providers, or vendors through our platform

- Your violation of any rights of a third party, including intellectual property or privacy rights.

You agree to indemnify us for Our own negligence or other unintentional conduct in Our performance of any service, or delivery, of any product. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims. You agree to reimburse us for any and all amounts paid in settlement, or any dues deemed owed by a court or arbitrator. You are also responsible for any and all attorney fees, expenses, or cost associated with any settlements.

3. Alternative Dispute Resolution (ADR)

Arbitration Agreement and Waiver of Class Actions and Jury Trials

YOU AND Smell-O-Gram.com AGREE THAT ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, SERVICES, OR THESE TERMS OF SERVICE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.

This arbitration agreement includes, but is not limited to, any claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Arbitration shall be administered by a mutually agreed-upon arbitration provider in accordance with the American Arbitration Association ("AAA"). Judgment on the arbitral award may be entered in any court having jurisdiction. You also waive your right to act as a class member or class representative in any class action filed against the company.

You and Smell-O-Gram.com agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Smell-O-Gram are each waiving the right to a trial by jury or to participate in a class action. Arbitration shall take place on an individual basis only, and class arbitrations, class actions, or representative actions are not permitted.

Unless otherwise agreed, arbitration will be conducted remotely or in the county where you reside. Each party shall bear its own costs, but the arbitrator may award fees and costs to the prevailing party where permitted by applicable law.

If this Arbitration Agreement is found to be unenforceable, then any such dispute shall be heard exclusively in a court of competent jurisdiction located in Monroe County, NY, USA, and both parties consent to personal jurisdiction there.

4. Accuracy, completeness, and timeliness of content

We are not responsible for any information on this site that is not accurate, complete, or current. We reserve the right to modify any information on this site at any time, but there is no obligation for timely updates of said information. It is the user’s obligation to monitor any changes to Smell-O-Gram.com

5. Disclaimer

Any content posted by Smell-O-Gram.com is considered intellectual property and shall not be stolen for any purpose related to the harm, slander, or damage to the site or parent company.

Smell-O-Gram is a satirical gift service created with humor, hygiene, and a hint of helpfulness in mind. Our care packages are intended to be light-hearted and anonymous reminders - not personal attacks.By placing an order, the customer assumes full responsibility for the message, intent, and any potential social, emotional, or professional consequences that may result from the recipient receiving the package. Smell-O-Gram and its representatives are not liable for how our products are interpreted or received.

We do not endorse harassment, bullying, or any misuse of our service outside the spirit of good-natured fun and personal care. If you have concerns about how a gift may be received, we recommend choosing a more traditional route.

6. Potential Exposure to Allergens

Products sold on this website, including soaps and deodorant, are purchased from third-party wholesale suppliers. We are not liable, and we cannot guarantee the absence of allergens such as nuts, soy, or other potential irritants. Customers with known allergies or sensitivities are advised to carefully review product labels and consult with the original manufacturer when in doubt. By purchasing from our site, you acknowledge and accept that we are not liable for any allergic reactions or adverse effects resulting from the use of our products.

7. Price and Service Modifications

We reserve the right to change the prices of our products without notice. We reserve the right to modify or cancel the service without notice at any time. We shall not be liable for any changes, cancellations, or discontinuations of the service.

8. Privacy

Please see our privacy policy here or contact us with any questions or concerns at smellograminfo@gmail.com.

9. Accessibility

Smell-O-Gram.com understands the importance of accessibility of the site, and we are continuously working on improving the website experience for all customers. Please bear with us as we optimize our site to be the best it can possibly be for all users.

10. Refunds

Upon placing an order, the customer shall receive an order confirmation, upon shipment the customer shall receive a shipping confirmation, and a delivery confirmation shall be sent to the email on file.

As an anonymous sender, Smell-O-Gram guarantees that an order shall be shipped to the recipient listed and to the delivery address entered in the checkout form. Please see Refunds / Returns Policy.

Any refunds shall be processed on a case-to-case basis after review by our customer service team. Smell-O-Gram maintains the right to refuse refund requests.

Smell-O-Gram is not liable or responsible for recipient(s) who may refuse to utilize the products. If you have any concerns about your order not meeting expectations, please contact smellograminfo@gmail.com.

11. Returns

If a recipient returns a product, there shall be no refund sent to the customer who placed the order. The company is not responsible for notifying the customer if the package is returned to Smell-O-Gram. Please see Refund / Returns Policy.

12. Order Quantities and Repeat Orders

We reserve the right to cancel, limit, or restrict quantities purchased per person, household, or per order. Restrictions apply to orders placed to the same recipient or same mailing address by a customer multiple times within a reasonably short period of time (we have the right to dictate the definition of short period of time, at our discretion).

13. Third-Party Links

Some content and services may be provided by third parties. Links on the site may open new browser tabs and re-direct the user to third party sites. We are not liable for any purchases, services, content, or other transactions made with any third-party websites. Please review all third part policies before engaging in any activities related to them.

14. Personal Information

Please see our privacy policy for more information regarding use of personal information or contact us at smellograminfo@gmail.com.

15. Prohibited Uses

By agreeing to these terms and conditions you must not use our website, service, or products for any unlawful or prohibited purpose. Without limiting the generality of the foregoing, you agree to not use the service to:

Violate any laws or regulations - Engage in activities that violate any applicable local, state, national, or international law or regulation
Harass or Bully - Use the service to harass, threaten, embarrass, or harm others, including sending packages intended to ridicule or shame individuals based on their hygiene, appearance, or any other personal characteristics.
Exploit or abuse the anonymous nature of the service - Send care packages as a means to bully, demean, or mock others under the guise of anonymity.
Impersonate others - Impersonate any person or entity, or falsely claim an affiliation with any person or organization
Violate privacy rights - Use the service to collect, use, or disclose personal information about individuals without their consent, or in violation of privacy laws
Engage in fraudulent or deceptive activities - Use the service in any manner that could be construed as misleading, fraudulent, or deceptive
Transmit malware or harmful code - Upload or send any files that contain viruses, malware, corrupted data, or any other harmful software
Interfere with the operations of the website - Disrupt or interfere with the security or proper functioning of the website, servers, or networks
Commercial resale without authorization - Use the website or its services for any unauthorized commercial purpose, including reselling or redistributing the service.

16. Limitation of Liability

To the fullest extent permitted by applicable law, Smell-O-Gram.com and its officers, directors, employees, agents, affiliates, partners, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of, or inability to use, our services, products, or website, even if we have been advised of the possibility of such damages.

Without limiting the generality of the foregoing, Smell-O-Gram.com assumes no responsibility or liability for:

The actions or reactions of recipients of care packages
Misuse of the service by senders, including inappropriate or harmful intentions disguised as gifts
Any misunderstanding or offense resulting from the anonymous nature of the packages
Delays, interruptions, or delivery failures caused by third-party shipping carriers
Errors in the information you provide (such as incorrect recipient addresses or names)
Any emotional distress, embarrassment, or harm caused by receipt of a care package
Any content included in or excluded from a care package unless explicitly provided by Smell-O-Gram.com.

In no event shall our total liability to you for all claims related to the service exceed the amount you paid, if any, to Smell-O-Gram.com for the specific service giving rise to the claim.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited to the maximum extent permitted by law.

17. Severability

If any provisions of these Terms of Service are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The unenforceable provision shall be interpreted to the fullest extent permitted by applicable law to reflect the original intent of the parties, and the remaining terms shall remain in full force and effect.

18. Sender Responsibility

By using the service of Smell-O-Gram.com, you agree that you are solely responsible for the selection, content, and delivery of any care packages you send through our platform.You acknowledge that recipients of care packages may not have consented to receive them and may not know who sent them. You agree not to use the service to send packages with the intent to bully, ridicule, intimidate, shame, or otherwise target any individual in a malicious or inappropriate manner.

You represent and warrant that the information you provide about recipients is accurate and that your use of the service does not violate any applicable laws, including those related to harassment, privacy, or defamation. You also agree not to impersonate any person or misrepresent your affiliation with any individual or entity in connection with your use of the service.

Smell-O-Gram.com reserves the right, but not the obligation, to review, refuse, or cancel any package or transaction at our sole discretion if we believe it violates these Terms of Service or poses a risk to recipients, third parties, or our brand integrity.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any additional guidelines or policies posted by Smell-O-Gram.com constitute the entire agreement between you and Smell-O-gram.com regarding your use of our website, products, and services.

By using our service, you acknowledge and agree that care packages may be delivered anonymously to recipients who have not provided prior consent. You, as the sender, assume full responsibility for ensuring that your use of the service is appropriate. Smell-O-Gram.com does not verify recipient identities, consent, or willingness to receive such packages, and disclaims any liability arising from how a recipient may interpret, react to, or respond to the contents or nature of the package.

This Terms of Service agreement supersedes all prior or contemporaneous communications, proposals, representations, or agreements—whether oral or written—between you and Smell-O-Gram.com. No waiver of any provision shall be deemed a continuing waiver unless expressly stated in writing by Smell-O-Gram.com.

20. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

21. Changes to Terms of Service

Smell-O-Gram.com reserved the right to update, change, or replace any part of these terms of service by updating our website. It is the customer’s responsibility to fully read and understand the content of the Terms of Service. Terms of Service must be accepted before any purchase can be submitted.

22. Contact Information

It is the responsibility of the company to provide up-to-date contact information. Any questions about these terms and conditions should be sent directly to smellograminfo@gmail.com

Terms & Conditions

Privacy Policy

Terms of Service

Refund Policy

Shipping Policy