Terms and Conditions
Last updated: June 6, 2024
Welcome to the Healthy Home Fashions, LLC ("Company," "we," "us," or "our") website. By accessing or using our websites, mobile apps, and online services (collectively, the "Site"), you agree to be bound by these Terms and Conditions ("Agreement"). This Agreement governs your use of the Site and constitutes a legally binding agreement between you and the Company. Continued use of the Site indicates your acceptance of these terms.
1. Acceptance of Terms
By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including any future modifications. If you do not agree to these terms, please do not use the Site.
2. Binding Arbitration Clause
This Agreement includes a binding arbitration clause. By agreeing to these terms, you agree to resolve any disputes related to the Site or this Agreement through binding arbitration rather than in court. This includes waiving your right to a jury trial and participating in class actions.
3. Changes to the Agreement
We may update this Agreement from time to time. Any changes will be posted on this page, and the "Effective Date" at the top will be updated. It is your responsibility to review this Agreement periodically. Continued use of the Site following the posting of changes constitutes your acceptance of those changes.
4. Authority to Bind an Organization
If you are using the Site on behalf of an organization, you confirm that you have the authority to bind that organization to this Agreement. If you do not have such authority, you may not use the Site on behalf of the organization.
5. Accessibility
We strive to make the Site accessible to all users. For more information on our commitment to accessibility, please read our Accessibility Policy or Contact Us if you encounter any accessibility issues.
HIGHLIGHTS OF THE AGREEMENT
This section provides a brief overview of the key points in this Agreement. Please read the full Agreement for complete details. In the event of a conflict between this section and the full Agreement, the full Agreement will prevail.
(a) Shopping on Our Site
Returns and Exchanges
Our return and exchange policies have specific conditions. Please review our Return Policy for detailed information.
Shipping Costs
Shipping costs may vary depending on the destination and shipping method. Accurate and complete information is essential to ensure timely and correct delivery of your order.
E-commerce Policies
Additional policies related to eCommerce transactions are detailed in the full Agreement.
(b) Our Rights
Intellectual Property
All content on the Site is protected by intellectual property rights. You are granted a limited, non-exclusive license to use the Site and its content for personal, non-commercial purposes only.
Account Termination
We reserve the right to block access, delete content, or terminate accounts at our discretion.
Third-Party Content
We are not liable for third-party content or any errors in product information provided on the Site.
(c) Your Use of Our Site
Personal Use
The Site and its content are intended for personal use only.
Prohibited Actions
You must not use the Site to break laws, infringe on the rights of others, threaten, harass, or impersonate any individual or entity.
Security
Do not bypass security measures, introduce viruses, or engage in activities that could harm the Site or its users.
Account Confidentiality
You are responsible for maintaining the confidentiality of your account information, including passwords.
(d) Your Content
User Content
We may use any content you submit, post, or display on the Site for any purpose, including commercial use.
Publicly Posted Content
Content you post publicly on the Site can be viewed by all visitors. Do not post confidential or proprietary information.
Content Ownership
Ensure you have the necessary rights to any content you submit or post on the Site.
(e) International Users
Special Terms
If you access the Site from outside the United States, you are responsible for compliance with local laws. Special terms and limitations may apply.
(f) Important Things to Know
Acceptance
By using the Site, you accept this Agreement and all associated policies.
Updates
We may update this Agreement periodically. Significant changes will be notified to you.
Liability and Warranty
The Agreement includes limitations on our liability and disclaimers of warranties.
Indemnification
You agree to indemnify us against certain liabilities arising from your use of the Site.
Dispute Resolution
Disputes are to be resolved through binding arbitration, and you waive the right to participate in class actions.
Privacy Policy
Additional terms may apply to specific features or promotions, as outlined in our Privacy Policy.
Contact Information
For complaints, questions, or copyright issues, please Contact Us.
When multiple promotions are applied to an order, discounts are applied sequentially to the post-discount price. For example, if you have a 20% off promotion and an extra 10% off promotion, the 20% discount will be applied first, followed by the 10% discount on the already reduced price.
For any further details or questions, please refer to our full Agreement or contact our Customer Care team. We are committed to providing clarity and support to ensure a smooth and satisfying shopping experience.
Product Warranties
Warranty Options
When you purchase products from our Site, you have several warranty options available to ensure your investment is protected and you have peace of mind.
Free 3-Year Limited Warranty
All eligible products come with a free 3-year limited warranty. This warranty covers any defects in materials or workmanship under normal use during the warranty period. If a defect arises and a valid claim is received within the warranty period, we will repair the defective product at no charge, using new or refurbished replacement parts.
Optional 5-Year Limited and Unlimited Warranties
For customers seeking extended coverage, we offer optional 5-year limited warranties and unlimited warranties at an additional cost. These extended warranties provide continued protection against defects in materials and workmanship, ensuring your product remains in optimal condition for a longer period. The unlimited warranty, in particular, offers comprehensive coverage with no time constraints, providing the highest level of assurance and peace of mind.
Terms
Our warranties are designed to supersede all other warranties, whether express or implied. This ensures that our warranty terms are the definitive source of information and assurance regarding your product’s coverage. We assume no liability for any indirect, incidental, or consequential damages arising from the use or inability to use the product, even if we have been advised of the possibility of such damages. This limitation is essential to keep our warranty terms clear and manageable.
To make a warranty claim, you must provide proof of purchase. This proof allows us to verify your purchase date and confirm that your product is within the warranty period. Without this documentation, we may not be able to process your warranty claim. For more detailed information on our warranty coverage, terms, and claim procedures, please refer to our full warranty page and the associated terms and conditions.
Disclaimers and Warranties
Warranty Disclaimer
We disclaim all express or implied warranties to the extent permitted by law. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Our products are provided on an "as is" and "as available" basis, meaning we do not guarantee that they will meet your specific requirements or that their operation will be uninterrupted or error-free. This disclaimer is essential to manage expectations and ensure that we are not held liable for conditions beyond our control.
Limited Warranty
In jurisdictions where disclaimers of warranties are not allowed, our liability is limited to the extent permitted by law. Specifically, where warranties cannot be completely disclaimed, they are limited to a period of 90 days under our Satisfaction Guarantee. This means that if any defects in materials or workmanship are found within 90 days of purchase, we will take necessary steps to rectify the issue. However, this limitation may not apply in all states, as some states do not allow limitations on the duration of an implied warranty or the exclusion or limitation of incidental or consequential damages. As such, the above limitations and exclusions may not apply to you.
Our aim with these warranty terms and disclaimers is to provide clear, fair, and legally compliant coverage for our customers. We strive to ensure that our customers are fully informed about the protections and limitations associated with their purchases. For any further questions or concerns, we encourage you to visit our full warranty page or contact our customer support team for detailed assistance.
Intellectual Property Rights
Content Ownership
Our Company takes the protection of intellectual property rights very seriously. All content available on our Site, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the exclusive property of our Company or our licensors and is protected by applicable intellectual property laws. This includes, but is not limited to, copyright laws, trademark laws, and patent laws.
The design, structure, selection, coordination, expression, and arrangement of all content on the Site are carefully curated and legally protected. As a user of the Site, you acknowledge and agree that you do not acquire any ownership rights in any content or materials accessed from the Site. The unauthorized use of any content on the Site may violate copyright, trademark, and other laws and could result in legal consequences.
Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and its content strictly for your personal, non-commercial use. This license is subject to the terms and conditions of this Agreement and does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
Under this limited license, you may view, download for caching purposes only, and print pages from the Site for your personal use, subject to the following restrictions:
- You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Site or its content for any commercial purpose without express written consent from our Company.
- You must not edit or otherwise modify any material on the Site.
- You must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
Any use of the Site and its content that is not specifically authorized by this limited license is strictly prohibited and will terminate the license granted herein. Unauthorized use may also violate applicable laws, including but not limited to intellectual property laws and privacy and publicity laws.
Authorized Use of the Site
Compliance with Laws
When accessing and using our Site, you are required to comply with all applicable local, state, national, and international laws, regulations, and ordinances. This ensures that the Site remains a safe and lawful environment for all users. By adhering to these legal standards, you help maintain the integrity and security of our online community.
Prohibited Actions
To protect the Site and its users, the following actions are strictly prohibited:
Posting Harmful or Illegal Content
You must not post, upload, transmit, or otherwise make available any content that is harmful, illegal, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. This includes content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.
Sharing Sensitive Personal Information
You are prohibited from sharing or posting sensitive personal information, including but not limited to social security numbers, credit card information, and other financial information, unless specifically requested by the Site for legitimate purposes. Sharing such information can lead to identity theft and other malicious activities that compromise the safety and privacy of individuals.
Commercial Exploitation of Site Content
The content available on the Site is intended for personal, non-commercial use only. You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Site or any content for any commercial purpose without the express written consent of our Company. Unauthorized commercial use of Site content undermines the intellectual property rights of our Company and its licensors.
Impersonation and Misrepresentation
You must not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. Misrepresentation and impersonation can deceive and mislead other users, which is detrimental to the trust and transparency of our online community.
Breaching Site Security and Spreading Malicious Code
You are strictly prohibited from breaching or attempting to breach the security of the Site. This includes, but is not limited to, accessing data not intended for you, logging into a server or account which you are not authorized to access, or probing, scanning, or testing the vulnerability of the Site or any network connected to the Site. Additionally, you must not upload, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Using Automated Tools to Collect Data
The use of automated tools such as robots, spiders, scrapers, or any other data gathering or extraction tools to collect content or information from the Site is prohibited. Automated data collection can overload our servers, degrade our service quality, and infringe on the privacy of our users.
Interfering with Site Operations
You must not interfere with or disrupt the operation of the Site, servers, or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. This includes any form of disruption that impairs the functionality and accessibility of the Site for other users. Furthermore, assisting others in any of the prohibited actions listed above, or encouraging others to engage in such activities, is strictly forbidden. Collaboration in harmful activities not only endangers the Site but also poses a threat to the entire user community.
Consequences of Unauthorized Use
Unauthorized use of the Site can lead to severe consequences. Our Company reserves the right to terminate your access to the Site without notice if you engage in any of the prohibited actions mentioned above. Additionally, we may take legal action against individuals or entities that violate these terms, including seeking damages, injunctive relief, and attorney's fees.
Reporting Violations
If you become aware of any unauthorized use or potential violation of these terms, we encourage you to report it to our support team immediately. Your vigilance helps us maintain a safe and compliant online environment for all users. Please provide detailed information about the violation to facilitate our investigation and response.
Linking
We welcome and encourage you to create text hyperlinks to our Site. However, it's important to ensure that these hyperlinks are not false, misleading, or objectionable in any way. A hyperlink should provide a clear and accurate representation of the content it leads to, avoiding any deceptive practices that could mislead users.
When creating a hyperlink to our Site, you must:
- Ensure the link text accurately describes the content on our Site.
- Not use any linking techniques that imply an endorsement or affiliation with our Company without prior written consent.
- Avoid creating links that present our content in a false, misleading, derogatory, or otherwise offensive manner.
Search Engine Indexing
Public search engines are permitted to use spiders to index our content for search purposes. This is an essential function that allows users to discover our content through search engines, enhancing the accessibility and reach of our Site. We value the role search engines play in directing traffic to our Site and making our content discoverable to a broader audience.
Responsibility for Accuracy
As a user, you are solely responsible for the accuracy of any content you post on our Site. This includes ensuring that your content is truthful, not misleading, and complies with all applicable laws and regulations. Inaccurate or deceptive content can harm other users and damage the credibility of our online community.
Copyright and Permissions
You must not post copyrighted material without the express permission of the copyright owner. Posting such content without authorization infringes on intellectual property rights and could result in legal action. It is your responsibility to ensure that you have the necessary rights and permissions before sharing any copyrighted material on our Site.
Rights Granted to Us
By submitting content to us, you grant us a broad license to use, reproduce, distribute, display, and perform your content. This license is non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable. This means that we can use your content in various ways across different platforms and mediums, helping us to enhance and expand the reach of our Site.
Interactive Features and Forums
Availability of Interactive Features
We provide various interactive features, such as message boards, blogs, and forums, to facilitate user engagement and community building. These features allow users to share information, opinions, and experiences, fostering a dynamic and interactive online environment.
Content Moderation
While we strive to provide a platform for open communication, we do not endorse or approve user-generated content. The views expressed by users in our interactive features are their own and do not reflect our Company's views or opinions. We reserve the right to remove any content that we deem inappropriate, offensive, or in violation of our terms and conditions. This includes, but is not limited to, content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable.
Proper Use of Products
Users are expected to use our products only as directed. Misuse of our products, including using them in ways not intended or directed by us, can result in harm or damage. We emphasize the importance of following all usage guidelines and instructions provided with our products to ensure safety and effectiveness.
Forum Participation and User Content
Public Nature of Forums
Our forums are public spaces where users can interact and share content. It is important to understand that these forums lack privacy expectations. Anything you post in these forums can be seen and used by others, including our staff and external contributors who may participate under anonymous names.
Risks of Sharing Personal Information
Sharing personal information or user content in our forums is at your own risk. While forums are meant to foster community and discussion, the public nature of these spaces means that anything shared can be accessed and potentially misused by others. We advise against sharing sensitive personal information in these public forums to protect your privacy and security.
Compliance with Terms
Participation in our forums requires compliance with our terms and conditions. Failure to adhere to these terms can result in expulsion from the forums. We maintain the right to enforce these rules to ensure a respectful and constructive environment for all users.
Responsibility for User Content and Actions
We hold no responsibility for the user content or actions in our forums. Users are accountable for their own posts and conduct within these spaces. This means that any consequences arising from the sharing of user content, whether legal, social, or otherwise, are the responsibility of the individual user.
Monitoring and Removal of Content
While we monitor the content posted in our forums, it is not possible for us to review all posts immediately. As such, we rely on user reports and community moderation to help identify and address any content that violates our terms. We reserve the right to remove any content that we find in breach of our guidelines or that we believe compromises the integrity and safety of the forum.
Our Rights
We reserve the right to evaluate, monitor, alter, remove, or disclose User Content at our sole discretion. This encompasses a broad spectrum of actions and purposes. For instance, we might evaluate content to ensure it adheres to our community standards or policies. Monitoring content helps us maintain a safe and respectful environment for all users. Should any content be found in violation of our guidelines, we reserve the right to alter or remove it to maintain the integrity of our platform.
In certain situations, we may also disclose User Content to third parties. These disclosures could occur for a variety of reasons, such as ensuring the smooth operation of the site, protecting the rights and safety of our users, complying with legal obligations, or enforcing our Terms of Service and this Agreement. Our discretion in handling User Content is broad and encompasses all necessary actions to maintain the site's functionality, legality, and community standards.
If you come across content that you believe violates our guidelines or policies, we encourage you to inform us promptly. Your reports help us maintain a community that is safe, respectful, and enjoyable for everyone.
Content Sharing
The Site includes features that allow users to share content via email. This function is designed to facilitate easy sharing of information and enhance user interaction. However, when using this feature, it is crucial to ensure that the recipients have consented to receive such content. Unsolicited emails can be intrusive and violate privacy expectations, so obtaining prior consent is a key aspect of respectful communication.
Additionally, the Site may offer third-party chat functions. These chat services are subject to our Privacy Policy, which outlines how we collect, use, and protect your data. Furthermore, the terms specified by the chat service provider will also apply. It is important to review these terms and policies to understand your rights and responsibilities when using these chat functions.
Text Message Programs
By participating in our Text Message Programs, you agree to abide by our terms and privacy policy. Enrollment in these programs involves providing your mobile phone number and consenting to receive text messages from us. These messages may include information about promotions, events, order updates, and other relevant notifications.
You have the option to opt-out of these programs at any time. Opting out will stop future messages, although you may need to follow specific keyword commands to complete the process. Be aware that standard message and data rates may apply to messages sent and received as part of our Text Message Programs. We are not responsible for any delays or failures in message delivery, which can sometimes occur due to factors beyond our control.
Our Text Message Programs support a wide range of mobile carriers, but availability may vary depending on your location and carrier. If your mobile phone number changes, it is important to notify us promptly. Failure to update your contact information may result in a breach of this Agreement, as messages may continue to be sent to your old number.
If you require further assistance or have questions regarding our text message marketing programs, please do not hesitate to contact us. We are committed to providing clear and helpful information to ensure your experience with our services is positive and informed.
Account Responsibility
You may access the Site without registering; however, certain features and functionalities require the creation of an account. By registering, you agree to provide accurate, current, and complete information about yourself as prompted by the Site's registration form. Maintaining the security of your account is crucial, and you are responsible for safeguarding your password and any activities or actions under your account. It is important to choose a strong password and to change it regularly to minimize the risk of unauthorized access.
We reserve the right to reject any user ID or email address that, in our sole discretion, we deem inappropriate or potentially misleading. This measure is in place to prevent confusion and ensure that our user community remains safe and trustworthy.
In the event of any unauthorized use of your account or any other breach of security, you must notify us immediately. Prompt notification allows us to take swift action to protect your account and minimize any potential damage. Failure to comply with these security measures may result in the suspension or termination of your account and access to the Site.
Expert Opinions and Descriptions
The opinions and descriptions provided on the Site are intended for informational purposes only. Expert opinions featured on the Site represent the views of the respective experts and do not necessarily reflect our views or endorsements. We do not warrant the accuracy or completeness of these opinions, and users should not rely solely on them for making decisions.
Product descriptions on the Site are created to provide users with an understanding of the products offered. However, these descriptions may not always fully reflect the most current product information. Variations in product specifications, colors, and other details may occur. Therefore, it is advisable to verify product details with the manufacturer or seller before making a purchase.
Additionally, we disclaim any warranties or endorsements that might be implied through testimonials or descriptions found on the Site. Testimonials reflect individual experiences, which may not be representative of all users. We encourage users to conduct their own research and exercise their own judgment before making decisions based on the content found on the Site.
Third-Party Content and Links
The Site may contain content provided by third parties. This third-party content is the responsibility of the respective third parties, and we do not endorse or assume any responsibility for such content. Third-party content may include opinions, advice, statements, offers, or other information or content expressed or made available by third parties through our Site.
The Site may also provide links to external websites for your convenience. These external sites are not under our control, and we do not endorse or guarantee the content, accuracy, or completeness of any information presented on these linked sites. Visiting these external sites is at your own risk, and you should review the terms and conditions and privacy policies of any external sites you visit.
Our presence on social media platforms is intended to enhance user engagement and provide additional channels for communication. However, our presence on these platforms does not imply endorsement of all content shared there. User interactions with our social media profiles are subject to the terms and conditions of the respective platforms.
Copyright Infringement
We take copyright infringement seriously and promptly address any allegations in accordance with the Digital Millennium Copyright Act (DMCA). If you believe that your copyright has been infringed, you must provide specific information to our Designated Agent. This information should include a description of the copyrighted work, the location of the alleged infringing material on the Site, and your contact information.
Upon receiving a valid copyright infringement notice, we may remove or disable access to the allegedly infringing material and take further action as deemed necessary. Repeat infringers may face account termination and permanent bans from using the Site. We support reasonable technical measures employed by copyright owners to protect their works and comply with legal requirements.
Updates to Agreement
We may update this Agreement from time to time to reflect changes in our policies, practices, or applicable laws. The "Last Updated" date at the top of this Agreement indicates when the latest revisions were made. Your continued use of the Site after any changes signifies your acceptance of the updated terms.
In the event of material changes to this Agreement, we may notify you through various channels, such as email notifications, prominent notices on the Site, or other means. It is your responsibility to review the Agreement periodically to stay informed about any updates or modifications.
Other Terms and Policies
This Agreement governs your access to and use of the Site. Additional terms and conditions may apply to specific sections of the Site, purchases made through the Site, or participation in promotions or contests. These additional terms will be presented to you at the relevant times and are incorporated into this Agreement by reference.
Our privacy practices are detailed in our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Site, you agree to the terms of our Privacy Policy. If you are an employee or are considering employment with us, please note that employment-related terms and policies are separate and distinct from this Agreement.
Important Legal Terms
Termination
This Agreement remains until terminated. We or you may terminate with notice. Certain provisions survive termination. After termination, you must cease Site use.
Children
The Site is not intended for minors under 13. Users under the age of majority should use the Site with parental supervision. Certain sections may have age restrictions.
Disclaimer & Liability
Content on the site is provided "as is" and "as available" without warranties. We and related parties are not liable for damages arising from site use, including errors, viruses, or loss of data or profits.
Indemnity
You agree to indemnify us from claims related to your breach of this agreement or site activities.
Communication Consent
You consent to receive electronic communications related to site use.
Severability & Assignment
Invalid provisions will be replaced, and we may assign this agreement. You may not assign without consent.
Disputes & Arbitration
Disputes will be resolved through arbitration or small claims court. Class actions are not allowed. You must notify us before seeking arbitration. If awarded damages exceed our last settlement offer by US $100, we'll pay your awarded damages or US $2,500, whichever is greater.
Injunctive Relief
Both parties retain the right to seek injunctive relief in court for infringement or misuse of intellectual property rights or other scenarios warranting such action. Should any part of this Agreement be deemed unenforceable by a court or arbitrator, the remainder shall remain in effect. Waivers of breach or default are not to be construed as continuous waivers.
Confidentiality
Both parties agree to maintain the confidentiality of arbitration proceedings and awards, except where necessary for preparation or conduct of the arbitration or as required by law.
Coordinated Proceedings
If 25 or more individuals file similar claims, coordinated arbitration proceedings will occur. Test cases will be selected to precede remaining cases, with a mechanism for resolution if disputes persist. Statutes of limitations are tolled during these proceedings.
Governing Law and Rules
The Agreement is governed by Arizona law, with arbitration conducted under the Federal Arbitration Act. Punitive damages are not awarded, and parties waive claims for indirect or consequential damages. JAMS Optional Arbitration Appeal Procedure applies to final awards.
Severance of Arbitration Agreement
If certain arbitration clauses become invalid, the remainder of the arbitration agreement and related confidentiality duties survive.
Terms for Users in Certain Geographic Locations
New Jersey Residents
Certain provisions of the Agreement do not apply to New Jersey residents if unenforceable under New Jersey law.
California Residents
California residents waive claims under California Civil Code Section 1542.
International Users
Users outside the U.S. are subject to their local laws but must comply with U.S. export controls. The Agreement and related documents are in English.
Specific Terms for Named Jurisdictions
Canada
Agreement and related documents are in English only. Quebec customers may have cancellation rights and arbitration requirements may not apply under provincial law.
Dispute Resolution
Certain provinces' laws may affect arbitration requirements.
Privacy and Consumer Complaints
Consumer rights notice provided for questions or complaints regarding the Site.
If you have a question or complaint regarding the Site, please send an e-mail to info@healthyhomefashions.com.