TERMS AND CONDITIONS
Welcome to HaivenHome.com (“Website”). Please review the following basic rules governing your use of and purchase of products from this site (collectively, "Agreement," “Terms,” or “Terms and Conditions”).
-THESE TERMS AND CONDITIONS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND INCLUDE A CLASS ACTION WAIVER. IN THE EVENT OF A DISPUTE, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT. THESE TERMS INCLUDE A DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THAT MAY APPLY TO YOU IN THE EVENT OF A DISPUTE.
Use Of This Site Constitutes Acceptance Of These Terms And Conditions\HaivenHome.com may make changes to the information contained in this Website, or to the services and/or products described and contained therein at any time and without notice. HaivenHome.com may from time to time change the rules that govern your use of this Website. Your use of this Website following any such change constitutes your agreement to follow and be bound by the rules as changed. HaivenHome.com may change, move or delete portions of, or may add to this Website from time to time.
All trademarks, service marks and trade names on this site, including without limitation, "HAIVEN" and "HAIVEN" alone and in combination with the design are property of Haiven Home, Inc. "Haiven". No use of these may be made without the prior written authorization of Haiven, except to identify the products or services of Haiven. The products, logos, designs, advertisements and images described and/or displayed on this site may be intellectual property with rights reserved by Haiven or by other third parties. No license is granted with respect to these intellectual property rights.
All materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials appearing on this site and all copyrights, trademarks, trade dress and/or other intellectual properties therein (collectively, "Content") are owned, controlled or licensed by Haiven collectively, and its subsidiaries and/or affiliates ("Haiven"). This Website as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Haiven and all other Haiven trademarks appearing on this site are trademarks of Haiven.
The Content of this Website, and this Website as a whole, are intended solely for personal, noncommercial use by the users of this site. You may download or copy the Content and other downloadable materials displayed on this site for your personal, non-commercial use only, provided you do not modify, obscure, or delete any copyright or other proprietary notices on such downloaded material, or claim, either expressly or impliedly that such material is created or otherwise owned and/or controlled by you. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Website, or any related software used herein.
COMMUNICATIONS AND SUBMISSIONS
Product descriptions, specifications, colors, and pricing are subject to change by Haiven at any time without notice. Prices displayed at the Website are quoted in U.S. Dollars and are valid and effective only in the United States.
This Website may provide links or references to other websites. However, Haiven assumes no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from or related to that content.
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE PROVIDED TO USER "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HAIVEN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT HAIVEN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
NJ Residents: the Disclaimer section of this Agreement is inapplicable to you.
LIMITATION OF LIABILITY
You agree to defend, indemnify and hold Haiven harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of this site, Haiven shall not be liable for any damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site.
NJ Residents: the Limitation Of Liability section of this Agreement is inapplicable to you.
Dispute Resolution – BINDING ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER
Any dispute, claim, or controversy arising from or relating to this Agreement, your use of HaivenHome.com, purchases made through Haiven, or to any products or services sold, distributed, or manufactured by Haiven will be resolved by binding arbitration, rather than in court (i.e., you are waiving your right to sue in court), except that you may assert claims in small claims court if your claims qualify. Disputes subject to arbitration include without limitation disputes arising out of or relating to interpretation or application of this dispute resolution provision. The Federal Arbitration Act and federal arbitration law apply to this dispute resolution agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
The arbitration will be conducted by JAMS, Inc. under its rules by a single arbitrator experienced in commercial disputes. The JAMS’s rules are available at www.jamsadr.org or by calling 1-800-352-5267. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitrator shall issue a written award setting forth the arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it. The arbitrator’s award may be entered in any court of competent jurisdiction.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS’s rules. However, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith [a] we will reimburse those fees for claims totaling less than $10,000, and [b] in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Haiven will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration. Likewise, Haiven will not seek attorneys’ fees and costs in arbitration unless permitted by law and the arbitrator determines the claim(s) asserted against Haiven are frivolous or brought in bad faith.
YOU AND HAIVEN EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class, consolidated, and representative action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor Haiven are entitled to arbitration.
This Agreement is governed by the laws of the State of California without regard to conflict of law principles.
If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent subject matter jurisdiction – whether federal or state – within the Central or Southern Districts of California or, if applicable, state courts for the counties within those two federal districts.
Notwithstanding any other provision in this Agreement to the contrary, to the extent Haiven makes a material change to this dispute resolution provision, such change will not apply to any dispute that you provided Haiven Home notice of prior to the change in the dispute resolution provision.
To provide us notice of an arbitration demand, send the demand to our registered agent: [MDP1]
This site and the Contents therein are displayed solely for the purpose of promoting HaivenHome.com products and services. This site is controlled and operated by HaivenHome.com from its offices in Los Angeles, California. HaivenHome.com reserves the right to make changes to the information in this site, or to the services described therein, at any time without notice. HaivenHome.com makes no commitment to update this information.
This Agreement remains in effect unless and until terminated by either you or Haiven. You may terminate this Agreement at any time by ceasing your use and/or access of the Website. Haiven may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site if in Haiven’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Haiven, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
SALES AND PROMOTIONS
Unless otherwise stated, prices on sale and promotional items cannot be combined with any other offers. Sales and promotions may not include all designs, colors or styles. Quantities are limited; no rain checks will be issued. Offers are not valid on previously purchased merchandise or purchases of gift cards. Sale and promotion start and end times are displayed in US Eastern time. Haiven reserves the right to extend, modify or discontinue any offer at any time without notice.
LIMITS ON PURCHASES
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our product, we may place limits on purchases and reject purchases or orders for commercial quantities of our products. Products are not offered for resale. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, loyalty program account and/or orders that use the same billing and/or shipping address. We may also reserve the right to cancel any portion of an order that cannot be fulfilled for any reason. Online orders are not deemed to be accepted by Haiven until your products are shipped from our warehouse. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy and the right to cease doing business with customers who violate this policy. This policy applies to all purchases of Haiven product, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales, and through our websites. We may modify this policy at any time without prior notice.
HAIVEN HOME EARLY ADOPTER SWEEPSTAKES:
NO PURCHASE NECESSARY. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
Eligibility: Haiven Home Early Adopter Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents of and physically located in one (1) of the fifty (50) United States (or the District of Columbia), who are at least twenty one (21) years old at the time of entry. Employees, officers and directors of Haiven Home, Inc. and its parent and affiliate companies as well as the immediate family (i.e., spouse, in-laws, grandparents, parents, siblings grandchildren and children) and household members (whether legally related or not) of each are not eligible to enter or win a prize in this Sweepstakes. Void where prohibited by law. Individual must be a Haiven Home List member in good standing in order to enter sweepstakes. Participation constitutes entrant’s full and unconditional agreement to these “Official Rules” and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sponsor: Haiven Home, Inc., 1148 1st Pl., Hermosa Beach, CA 90254 (“Sponsor”).
Timing: The Sweepstakes begins on September 18, 2017 and ends at 11:59 p.m. PT on September 30, 2017 (the “Promotion Period”). Sponsor’s designated computer is the official timekeeping device for the Sweepstakes.
How to Enter: During the Promotion Period, you will be emailed an online survey. Follow the links and instructions to complete and submit the survey form with all required information. You will automatically receive one (1) entry into the Sweepstakes upon receipt of the entry form by Sponsor. Receipt of an entry occurs when Sponsor’s servers record the entry information. Limit on entries: Each participant may enter one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system (including, but not limited to, entries submitted using any bot, script, macro, or sweepstakes service) to submit entries is prohibited and will result in disqualification. Entries originating at any other website are not permitted and will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant, provided that person meets the eligibility requirements to participate in the Sweepstakes. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. The submission of an entry is solely the responsibility of the entrant. Proof of sending (such as an automated computer receipt confirming delivery of email or “thanks for entering” message does not constitute proof of actual receipt by Sponsor of an entry for purposes of this Sweepstakes. Only eligible entries actually received by Sponsor’s server before the end of the Promotion Period will be included in the Sweepstakes. Illegible, unintelligible, incomplete, garbled, lost, late, misdirected, forged, altered, or mutilated entries will be disqualified.
Drawings and Odds: Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Sponsor will randomly select the two potential Sweepstakes winners from all eligible entries received by September 30, 2017. The two potential winners will be notified by the email they provide in the survey form (in Sponsor’s sole discretion) soon thereafter. Receiving a prize is contingent upon compliance with these Official Rules. Each potential winner may be required to sign and return to Sponsor an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) and provide any additional information (such as social security number) that may be required by Sponsor in order to claim his/her prize. To be eligible to receive the prize and if required, the winner must return the Affidavit within three (3) days from the date the notice or attempted notice is sent. If a potential winner cannot be contacted, fails to sign and return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, the potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
Grand Prize (2 winners): The grand prize is a $50 Crate & Barrel gift card from Sponsor.
For All Prize Components: Prize is determined by Sponsor, in its sole discretion. Prize is non-transferable, with no cash redemptions and no substitution made except at the Sponsor’s sole discretion. Prize may not be combined with any other offer, coupon, discount or promotion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The ARV of each prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winner will be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. Unclaimed prize(s) will be forfeited. Prizes, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize(s) or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded. The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize. Sponsor is not responsible for and winner will not receive the difference, in any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Prizes will only be mailed to the verified winner’s physical mailing address (no P.O. Boxes) in one (1) of the fifty (50) United States or the District of Columbia, except in Sponsor’s sole and absolute discretion. The total ARV for all prizes awarded in this Sweepstakes: $100.00.
Release: By entering, entrants agree to release, indemnify, defend and hold harmless Sponsor, its parent company and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, without limitation, personal injury, death,or damage to or loss of property, arising out of, in whole or in part, directly or indirectly, from participation or attempting to participate in the Sweepstakes or from acceptance, possession, award or use or misuse of any prize or while participating in any Sweepstakes or prize-related activity.
Publicity: Except where prohibited by law, participation in the Sweepstakes constitutes each winner’s irrevocable consent to Sponsor’s and its agents’ use of each winner’s name, likeness, photograph, voice, statements, opinions and/or hometown and state or province for advertising and/or promotional purposes, in any media and by all manners (now and hereafter known), worldwide, in perpetuity, without further payment, notice or consideration except for the awarding of the prizes to the winners.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be: (a) violating the Official Rules; or (b) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service. Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing, electronic or human errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information, any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing; (3) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (6) late, lost, undeliverable, damaged or stolen mail; or (7) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize; or (8) late, lost, misdirected, illegible, incomplete or mutilated entries or for theft, destruction or unauthorized access to, or alteration of entries. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
Governing Law / Limitation of Liability: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law rules that would cause application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Dispute Resolution: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within 14 days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles, CA; provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
Winner’s List/Official Rules Requests: To receive a list of winners, send a stamped self-addressed envelope prior to October 30, 2017 to: “Haiven Home Sweepstakes” Winner’s List, Haiven Home, Inc., 1148 1st Pl., Hermosa Beach, CA 90254 (Attn: Marketing). For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Haiven Home Sweepstakes” Official Rules, Haiven Home, Inc., 1148 1st Pl., Hermosa Beach, CA 90254 (Attn: Marketing) prior to the end of the Promotion Period. Vermont residents may omit return postage with Official Rules requests.