TABLE OF CONTENTS
- Your Agreement to the Terms
- Arbitration and Class Action Waiver Notice
- User Representations
- User Registration
- Products
- Purchases and Payment
- Refunds and Returns
- Intellectual Property Rights
- Prohibited Activities
- User Contribution Agreement and License
- Site Management
- Privacy Policy
- Term and Termination
- Corrections, Modifications, and Interruptions
- Governing law
- Dispute Resolution and Arbitration Agreement
- Disclaimers
- Limitations on Liability
- Indemnification
- User Data
- Electronic Communications, Transactions, and Signatures
- California Users and Residents
- General Terms
- Modification of Terms
- Contact us
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YOUR AGREEMENT TO THE TERMS
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Havilah & Co., ("Company", “we”, “us”, or “our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”) and any transaction, order, sale, purchase, or acquisition of goods from the Site (collectively, the “Service”).
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Services as well as our Privacy Policy [ https://givehavilah.com/pages/privacy-policy ], Cookie Policy [ https://givehavilah.com/pages/cookie-policy ], Return/Refund Policy [ https://givehavilah.com/pages/returns-exchanges ], Shipping Policy [ https://givehavilah.com/pages/shipping-policy ], and Contributions Policy [ https://givehavilah.com/pages/contributions-policy ] (collectively, the “Terms”). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Please note that the statements set forth under the headings "More simply put" are provided as a courtesy solely for your convenience and are not legally binding or otherwise intended to modify these Terms in any way.
We are registered in Delaware, United States, and have our registered office at 100 Easy Street, Unit 1055, Carefree, AZ 85377. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
More Simply Put
Every company has its terms. These are ours. You agree to our Terms by using our website our purchasing our product.
- ARBITRATION AND CLASS ACTION WAIVER NOTICE
Except for certain kinds of disputes described in the "Dispute Resolution" section below, you agree that all disputes arising under these Terms will be resolved by binding, individual, private arbitration, and BY ACCEPTING THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court).
More Simply Put
We will use private arbitration with you individually to resolve any problems as discussed in more detail in the Dispute Resolution and Arbitration Agreement section below.
- USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (5) you are not a minor in the jurisdiction in which you reside; (6) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or complete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
More Simply Put
You promise that you will provide truthful information in using the Site, are not a minor or a robot, and will not use the Site for an improper or illegal purpose.
- USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in your sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
More Simply Put
You may need to create a username and password. Keep them confidential.
- PRODUCTS
We make every effort to display as accurately as possible the colors, features, ingredients, performance, specifications, and details of the products available on the site. However, we do not guarantee that the colors, features, ingredients, performance, specifications, and details of the products available on the site will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
More Simply Put
We do our best to provide accurate information about our product luding its ingredients and features. These may look differently depending on your device. Our products may change and may not always be available.
- PURCHASES AND PAYMENT
We accept the following forms of payment:
- American Express
- Diners Club
- Discover
- Mastercard
- Visa
- Shop Pay
- Shop Pay Installments
- Apple Pay
- Amazon Pay
- Google Pay
- Meta Pay
- Paypal
- Bitcoin
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, luding email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges , then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may lude orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
More Simply Put
If you purchase our product, you agree to pay the prices and other charges in effect at the time of your order. If you have a subscription, you will be charged for additional product, luding taxes and shipping, until you cancel. We have the right to limit or cancel orders.
- REFUNDS AND RETURNS
Please review our Refund and Return Policy posted on the site prior to making any purchases.
- INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
More Simply Put
We own the content of our website. Please do not misuse it.
- PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, luding features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner consistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, luding excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, luding without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, luding but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, luding without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, luding collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
More Simply Put
Do not do bad things with the Site or Service, try to break the Site, steal our work or data, or try to harm us, our employees, or users of the Site.
- USER CONTRIBUTIONS AGREEMENT AND LICENSE
We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, luding but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material, luding reviews and submissions (collectively, “Contributions”). These Contributions and our use of these contributions are governed by the Contributions Agreement. We have the right, in our sole discretion, to modify or remove Contributions, luding for violation of our Terms or policies.
- SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, luding without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
More Simply Put
We may, but are not required to, monitor our Site and take action for any violation of our Terms or rights.
- PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy link.
- TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE PRODUCT (LUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, LUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, luding without limitation pursuing civil, criminal, and injunctive redress.
More Simply Put
We may terminate access to our Site or Service for any reason and reserve the right to take legal action if necessary.
- CORRECTIONS, MODIFICATIONS, AND INTERRUPTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the products, luding descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of our products without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the products.
We cannot guarantee the Site and the products will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the products at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or convenience caused by your inability to access or use the Site or the products during any downtime or discontinuance of the Site or the products. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or the products or to supply any corrections, updates, or releases in connection therewith.
More Simply Put
We reserve the right to modify our Site and products. While we hope to always be running, our Site may experience technical difficulties outside our control which may impact access to the Site.
- GOVERNING LAW
These Terms of Service and your use of the Site and purchase of our products are governed by and construed in accordance with the laws of the State of Delaware. We are based in Arizona and all agreements are made and will be entirely performed in this state.
More Simply Put
We are a Delaware company located in Arizona so all disputes will be under Delaware law..
- DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
This Section 16 (“Arbitration Agreement”) shall govern all disputes between us. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing our Customer Service Department at: hello@givehavilah.com
Agreement to Binding to Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Maricopa, Arizona. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Applicability
This Arbitration Agreement will apply to all disputes between us, except as excluded below in the Exceptions to Arbitration section. This Arbitration Agreement shall apply to determination of the threshold issue of whether this Section 16 applies to you, and all other threshold determinations, luding residency, arbitrability, venue, and applicable law, which shall be determined by the arbitrator.
Governing Law for Dispute Resolution
This Agreement to Arbitrate evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law.
If this arbitration provision is deemed illegal or unenforceable or if for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Maricopa, Arizona, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Service.
Time to Commence Dispute
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose.
Class Action Waiver and Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons (i.e. no private attorney general actions).
Exceptions to Arbitration
Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to protect the intellectual property right of a party. In addition, Company may seek provisional injunctive relief in a court of competent jurisdiction to stop any unauthorized use or abuse of the Site and Service or intellectual infringement.
Modifications to Dispute Resolution Provision
Company may, in the future, make changes to these provisions regarding dispute resolution and arbitration by emailing you about a change to this provision. You may reject changes to this section by sending us written notice within thirty (30) days to Havilah & Co.,
100 Easy Street, Unit 1055, Carefree, AZ 85377, Attention: Havilah & Co. – Legal Dispute.
Severability.
In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
More simply put
We will use arbitration to resolve nearly all disputes. You cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Service. The only exceptions are matters for small claims court, enforcement actions by governmental agencies, injunctive relief to enforce this arbitration provision, or disputes relating to intellectual property infringement claims, which will be brought in Arizona. The Company may also seek temporary relief from an Arizona court to stop violation of its Site and Service. Any aggrieved party must commence an arbitration or file a claim in small claims court within 1 year of the conduct at issue. We will notify you of changes to the Arbitration Agreement by updating the terms on our website and by emailing you. If you do not consent to the changes, you pay opt out by providing written notice within 30 days of receipt of the email notice.
- DISCLAIMERS
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES AND/OR PRODUCTS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, LUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND THE PRODUCTS PURCHASED ON THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS, LUDING LOSS OF DATA, OR DAMAGE OF ANY KIND URRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
More simply put
You use the Service at your own risk. We make no warranties or guarantees about any matter whatsoever.
- LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT OF THE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY, INDIRECT, CONSEQUENTIAL, EXEMPLARY, IDENTAL, SPECIAL, OR PUNITIVE DAMAGES, LUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR YOUR USE OF THE PRODUCTS PURCHASED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $2,500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
More simply put
We are not liable for anything that happens to you that somehow may be connected to your use of the Site and Service. Any damages you suffer will be limited to $2,500.
- INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, luding our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, luding reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Service; (3) any breach of your representations or warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, luding but not limited to intellectual property rights or privacy rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, 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, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
More simply put
We are not responsible for any consequences that result from your bad acts on the Site or your violation of these Terms or the rights of others.
- USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
More simply put
While some of your user data may be maintained on the Site, we are not responsible if it is lost or corrupted.
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
More simply put
We agree to communicate and conduct business electronically.
- CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
- GENERAL TERMS
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
- MODIFICATION OF TERMS
We may modify or supplement these Terms or other terms posted on the Site from time to time and will always post the most current version on our website. We will alert you about any changes by updating the “Last updated” date of these Terms of Service and by emailing you that the terms and conditions have changed. By continuing to use or access the Site after the revisions come into effect, you agree to be bound by the revised Terms. You should revise the Terms each time you access the Site to view the most recent version and ensure that you understand them in their entirety.
If you have any questions or concerns, please contact us at: hello@givehavilah.com
More Simply Put
If we modify any of our Terms, we will post the most current version on our website and by emailing you If you continue to use the Site after the new terms are posted, you agree to the modified Terms.
- CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site and products that are sold on the Site, please contact us at: hello@givehavilah.com
Havilah & Co.
100 Easy Street, Unit 1055
Carefree, AZ 85377
United States
Last updated: October 14, 2024