ARBITRATION AND CLASS ACTION WAIVER AGREEMENT
- Arbitration
By using or purchasing Harper & Savannah products or services, you agree that any controversy, claim, action, or dispute between you and Harper & Savannah arising out of or relating to (a) these Terms, or the breach thereof; (b) your access to or use of our website, the Services, or materials; or (c) any alleged violation of any law, shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which a neutral arbitrator, rather than a judge or jury, issues a binding decision. The arbitrator will issue a reasoned award in writing, including findings of fact and law. The arbitrator shall not have the power to commit errors of law; an award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party bears its own attorneys’ fees, expert costs, and other arbitration expenses unless applicable law provides otherwise.
1.1. Arbitration Procedures
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Florida, USA; the parties may choose to appear in person, by phone, or via document submission. The arbitration is governed by the Federal Arbitration Act (FAA) and the internal laws of the State of Florida, without regard to conflicts-of-law principles. Any disputes regarding arbitrability shall be resolved exclusively by the arbitrator. If, and only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply.
1.2. Exclusion from Arbitration (Opt-Out)
You may choose to pursue a Claim in court and not by arbitration if you opt out of arbitration within 30 days from the date you first purchase any Harper & Savannah product or service (the “Opt-Out Deadline”). You may opt out by emailing a written notification to info@harperandsavannah.com. Your notification must include: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt out will have no adverse effect on your relationship with Harper and Savannah. You are responsible for ensuring receipt of your opt-out notice (you may wish to use a method that provides confirmation). Opt-out requests received after the Opt-Out Deadline are invalid, and you must pursue your Claim in arbitration.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
Headings are for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is not accurate, complete, or current. Materials are provided for general information only and should not be relied upon as the sole basis for decisions without consulting more complete or timely sources. Any reliance is at your own risk.
This site may contain historical information that is provided for reference only. We reserve the right to modify site contents at any time, but we have no obligation to update any information. You agree it is your responsibility to monitor changes.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part/content) at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online. These may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We strive to display product colors and images accurately, but cannot guarantee your monitor’s display will be accurate.
We reserve the right to limit sales of our products or Services to any person, geographic region, or jurisdiction; we may exercise this right case-by-case. We reserve the right to limit quantities, change descriptions or pricing, and discontinue products at any time. Any offer for any product or Service on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material will meet your expectations, or that any errors will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, per household, or per order (including orders under the same customer account, credit card, and/or billing/shipping address). If we change or cancel an order, we may attempt to notify you via the e-mail and/or billing address/phone number provided at the time of order. We may also limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update account information, including email address and payment details, so we can complete transactions and contact you as needed.
See our Refund Policy for more details.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools which we neither monitor nor control. You acknowledge that we provide access “as is” and “as available” without warranties or endorsements. We have no liability arising from your use of optional third-party tools. Any use is entirely at your own risk and discretion and you should ensure you are familiar with and approve the terms provided by the relevant third-party provider(s).
We may also offer new Services and/or features (including new tools and resources) in the future; such features/services will be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and Services available via our Service may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for third-party materials or websites, or for any other materials, products, or Services of third parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain submissions (e.g., contest entries) or, without a request, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us. We are under no obligation to: (1) maintain any comments in confidence; (2) pay compensation; or (3) respond.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.
You agree your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal/proprietary right; will not contain unlawful, abusive, or obscene material; and will not contain any virus or malware. You may not use a false e-mail address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of comments. You are solely responsible for comments you make and their accuracy. We assume no liability for any comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our or others’ intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track others’ personal information; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent security features of the Service or related websites. We reserve the right to terminate your use for violations.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free, or that results will be accurate or reliable. We may remove the Service for indefinite periods or cancel the Service at any time, without notice.
You expressly agree that your use of the Service is at your sole risk. The Service and all products and Services delivered to you are (except as expressly stated by us) provided “as is” and “as available”, without representations, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
