Terms of Service
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Terms of Service
Have we said already that it’s not glamorous? Oh yes, we did, but did we say it’s necessary? Well, it’s necessary. So come along, won’t you...
Your continued access and use of this site constitutes (I) your agreement to these terms and all applicable laws, (ii) your agreement that any such access or use is undertaken at your own risk, and (iii) your representation that you are at least the age of majority in your state or province of residence and that you are legally able to enter into this agreement.
1. Binding Effect
These Terms represent a binding agreement. By using the Site and/or purchasing something from Heath via the Site, you are agreeing to these Terms. The Site is for the sole use of individuals and entities wishing to review, consider, purchase, engage in retail transactions involving Heath, or otherwise transact business with or contact Heath. You agree to abide by these Terms as they may be amended by Heath from time to time, without prior notice and in its sole discretion. Heath will post a notice on the Site if these Terms have been changed or otherwise updated. It is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately cease all use of the Site.
3. License and Access
Heath grants you a limited license to access and make personal use of the Site and Heath’s Data (as such term is herein defined) contained therein in accordance with these Terms and for personal, noncommercial purposes only. You may download, print, and copy our data provided you do not modify or alter the data in any way, delete or change any copyright or trademark notice, or violate these Terms in any way.
4. Heath's Intellectual Property Rights
You hereby acknowledge and agree that Heath is the owner of all content included on the site, such as text, graphics, images, logos, images, audio clips, video, data, music, software, and other materials (collectively, “Heath Data”"). Heath Data is protected by copyright, trademark, patent or other proprietary rights. Heath Data shall not include any third party advertising or promotional material, or any link to third party websites made available on the Site. Heath may use the Heath Data in any way it chooses, including to improve or adapt the Site, or to create or design new products and services. These Terms do not grant you any right, title, or interest in or to the Heath Data.
5. Prohibited Uses
Heath imposes certain restrictions on your permissible use of the Site. When using the Site, you are prohibited from: (a) violating any law or regulation; (b) violating, infringing or misappropriating the Heath’s or any third party’s intellectual property, privacy, publicity or other legal rights; (c) impersonating any person or entity or performing any other similar fraudulent activities; (d) violating or attempting to violate any security features of the Site; (e) making any commercial use of the Site or Heath Data, including reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any product listings, descriptions, prices, or images; (f) downloading, copying, or transmitting any Heath Data for the benefit of any other merchant; (g) framing, mirroring, or using framing techniques on any part of the Site without the Heath’s express prior written consent; (h) restricting or inhibiting any third party from using the Site (including, without limitation, by hacking or defacing any portion of the Site or attempting to interfere with the working or functionality of the Site or any activity being conducted on the Site); (i) removing any copyright, trademark, or other proprietary rights notice from the Site or Heath Data; (j) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (k) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breaching security or authentication measures without proper authorization; (l) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (m) using the Site to send unsolicited e-mail; (n) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Heath in providing the Site, or (o) advocating, encouraging or assisting a third party in doing any of the foregoing.
7. Violations; Terminations
To ensure that Heath provides a high quality experience for you and for other users of the Site, you agree that Heath or its representatives may access your Account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Heath shall not disclose the existence or occurrence of such an investigation unless required by law. Heath reserves the right, without notice and in its sole discretion, to terminate your Account or your use of the Site at any time, if (a) you violate these Terms, (b) furnished Heath with false or misleading information, (c) for any other reason, or (d) for no reason. You agree that the Heath shall not be liable to you or any third party for the termination of your Account or your access to the Site. Upon termination, all provisions of these Terms which by their nature are intended to survive termination, shall survive such termination.
8. No Warranties
Heath makes the site and all Heath data available to you on an “as is,” “as available” basis without warranty, express or implied, of any kind. You expressly assume the risk of any and all damage or loss from use of, or inability to use, the site. To the maximum extent permitted by law, Heath expressly disclaims any and all warranties, express or implied, regarding the site and the Heath data, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. Heath does not warrant that the site will meet your requirements or that the operation of the site will be uninterrupted or error-free.
9. Limited Liability
To the maximum extent permitted by law, in no event shall Heath be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or Heath data. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
10. Third Party Websites
Heath has no control over, and no liability for any third party websites or materials. Heath works with a number of partners and affiliates whose websites may be linked with the Site. Heath makes no guarantees about the accuracy, currency, content, or quality of the information provided by such websites, and Heath assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. If you decide to access any third party websites or materials, you agree that you do so at your own risk.
11. Discounts and Coupons
By utilizing any discounts or coupons at Heath Ceramics or heathceramics.com, participants agree to be bound by our Terms. Each claimant is entitled to one coupon per transaction. Coupons are not transferable or redeemable for cash, and cannot be combined with any other coupons, offers, discounts, or promotions. Each coupon has a unique code that identifies its associated reward and cannot be adjusted. Discounts and coupons are not applicable to products from select brands, including but not limited to, Peace Industries, Hygge & West, Artek, Akio Nukaga, and Taka Hideki. Special Order items, including but not limited to, Jacob May furniture, Esque glassware, Armadillo rugs, and Garza Marfa furniture, are also excluded. Discounts and coupons may not be applied toward Dinnerware Sets, Tile Samples, or gift cards. Each coupon is valid for limited time only, and expires completely on the date specified in the email sent to the claimant. Coupons cannot be applied retroactively to previous purchases. Heath Ceramics reserves the right to discontinue a coupon at any time, and adjust a coupon's discount value if the total order exceeds $2,500.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Heath, its affiliates, officers, directors, employees, consultants, vendors, suppliers, agents, and representatives from any and all claims, suits, losses, liability, damages, and/or costs (including reasonable attorney fees and expenses) arising from your access to or use of the Site, your violation of these Terms, or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of any person or entity (“Claim”).
All contents of the Site are: Copyright www.heathceramics.com. All rights reserved.
14. Governing Law
These Terms, your use of the Site, and all matters arising out of or related thereto shall be construed in accordance with and governed by the laws of the United States and the State of California without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco, California, USA, in all disputes arising out of or related to the use of the Site.
15. Dispute Resolution
Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with the Site, these Terms, or regarding any legal relations arising out of or in connection therewith, and/or the breach, termination or invalidity thereof, shall be resolved exclusively by final and binding arbitration in accordance with the arbitration rules and procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. The place of arbitration shall be San Francisco, California where the award shall be rendered. The arbitration proceedings shall be conducted in the English language. Notwithstanding the foregoing, both you and Heath shall have the right to institute an action in a court of competent jurisdiction for injunction or other equitable relief. Except for the fees of the legal advisors, which shall be borne by each respective party, all other expenses and costs of arbitration shall be borne by either or both parties as the arbitration tribunal may award.
You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims many not be arbitrated on a class or representative basis. The arbitrators may decide only your individual Claims. The arbitrators may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section will survive the termination of your relationship with Heath.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in jams rules, and the right to certain remedies and forms of relief. Other rights that you or Heath would have in court also may not be available in arbitration.
16. Entire Agreement
These Terms, including policies and information linked from or incorporated herein, constitute the entire agreement between you and the Heath with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site.
17. Severability; Waiver
If a court of competent jurisdiction finds any term or condition in these Terms to be invalid or unenforceable, the remainder of the terms and conditions shall continue in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in a writing signed by the party waiving such a right or requirement.
18. No Assignment
You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without Heath’s express prior written consent.
19. No License to Use Trademarks
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Heath or by any third party.
20. Notice for California Residents
Under California Civil Code Section 1789.3, California customers are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact Heath at firstname.lastname@example.org, or by writing to Heath Ceramics, 400 Gate 5 Road, Sausalito, CA 94965, or by phone at (415) 361-5552. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
At any time, Heath may, in its sole discretion and without prior notice, (a) revise these Terms with immediate effect; (b) modify the Site or any part thereof; or (c) discontinue the Site. Heath shall post any revision to these Terms to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
By using the site, you acknowledge that you have read these terms and agree to be bound by them.
Thank you for reading this far. We knew our customers were smart, but you’ve really upped the bar.