Terms & Conditions
Welcome to HOT HAVEN ("HOT HAVEN," "we," or "us") website, myhothaven.com (the "Site"). These Terms and Conditions ("Terms") govern your access to and use of the Site. By using the Site, you agree to be bound by these Terms. Please read them carefully.
Agreement to Terms
Your access to and use of the Site is subject to these Terms. If you do not agree to these Terms, you may not use the Site.
Privacy Policy
Please review our Privacy Policy, which governs the collection, use, and disclosure of personal information through the Site. The Privacy Policy is incorporated into and considered part of these Terms.
Intellectual Property
Unless otherwise noted, all materials, including but not limited to images, illustrations, designs, icons, photographs, video clips, and written and other content that appear on the Site (collectively, the "Contents"), are copyrights, trademarks, trade dress, and/or other intellectual properties owned by or licensed to HOT HAVEN. The Contents and the Site as a whole are intended solely for personal, non-commercial use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only and subject to any other restrictions herein. No right, title, or interest in any downloaded materials, software, or other Contents 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 Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress, and all worldwide rights, titles, and interests in and to the Site are owned by HOT HAVEN. HOT HAVEN grants you a limited license to access and make personal use of this Site. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this 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. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of HOT HAVEN. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HOT HAVEN without express written consent. You may not use any meta tags or any other "hidden text" utilizing HOT HAVEN's name or trademarks without the express written consent of HOT HAVEN. Any unauthorized use terminates the permission or license granted by HOT HAVEN. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of myhothaven.com so long as the link does not portray HOT HAVEN, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HOT HAVEN logo or other proprietary graphic or trademark as part of the link without express written permission.
Trademarks
HOT HAVEN and other myhothaven.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of HOT HAVEN in the United States and/or in a number of other international countries. HOT HAVEN's trademarks and trade dress may not be used in connection with any product or service that is not HOT HAVEN's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HOT HAVEN. All other trademarks not owned by HOT HAVEN that may appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HOT HAVEN.
Copyright Complaint Policy - Infringement Notification
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying HOT HAVEN of your claim that your copyrighted material has been infringed. Please provide the following information in the following order:
A clear identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
Your contact information so that we can reply to your complaint, preferably including an email, address, and telephone number.
Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on the Site should be emailed to [Support@myhothaven.com], subject: Copyright Infringement. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorney's fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order, whether or not the order has been confirmed, for any reason or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. If your payment method has already been charged for an order that is later canceled, HOT HAVEN shall issue you a refund.
Product Information
HOT HAVEN attempts to be as accurate as possible. However, HOT HAVEN does not warrant that product descriptions or other content of this Site is 100% accurate, complete, reliable, current, or error-free. If a product offered by HOT HAVEN itself is not as described, your sole remedy is to return it in unused condition. You may purchase HOT HAVEN products only for personal use. You may not resell or otherwise purchase any HOT HAVEN products for commercial use. Any such resale for commercial use shall be in violation of these Terms, including the limited license set forth herein. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Comments
If, at our request, you send certain specific submissions to us (for example, contest entries) or without a request from us, you send us ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, communicate, distribute, translate, and otherwise use your comments in any medium. We are not under any obligation to maintain your comments in confidence, pay any compensation to you for your comments, or respond to any comments. You must not, in connection with this website, use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any of your comments. You are solely responsible for any of your comments and their accuracy. We take no responsibility and assume no liability with respect to your comments or any third party's comments.
Risk of Loss
Items purchased from HOT HAVEN may be made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Indemnification
You agree to defend, indemnify, and hold harmless HOT HAVEN, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs, and expenses (including attorney's fees), arising from or relating in any way to your use of the Site.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by the state and/or federal courts sitting in San Diego County, California, and you consent to the exclusive jurisdiction and venue in such courts.
Links to Other Websites
This Site may contain links to outside services and resources. You acknowledge that HOT HAVEN is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. HOT HAVEN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HOT HAVEN of the site. Any concerns regarding any such link should be directed to the particular third-party website.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Disclaimer
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER LAW, HOT HAVEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOT HAVEN DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE OR ANY EMAIL SENT TO YOU ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. HOT HAVEN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
HOT HAVEN SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF HOT HAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Severability
If any provision of these Terms is held to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
Access and Changes
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the entire Site to users, including registered users. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and HOT HAVEN regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
If you have any questions or concerns about these Terms, please contact us at Support@myhothaven.com.