The following TERMS & CONDITIONS of USE constitute a legal agreement between you, the Customer, and SHADE HAVENS® LLC. Please review them carefully along with other important terms we’d like you to read including our TERMS & CONDITIONS OF SALE, PRIVACY POLICY and SHIPPING & RETURNS POLICY. These policies also govern your visit to SHADE HAVENS.com and your use of our Web Site means that you agree to follow and be bound by those policy rules. Clicking on the SUBMIT MY ORDER BUTTON ON THE CHECKOUT PAGE CONFIRMS YOUR AGREEMENT TO OUR TERMS & CONDITIONS OF USE. If you do not agree with these TERMS & CONDITIONS of USE, please discontinue using our web site.
1. ELIGIBILITY
You must be at least 18 years of age to use our Web Site or our mobile applications. If you are a minor, your parent or legal guardian must agree to these TERMS of USE on your behalf; and, you may only access our Web Site or mobile applications with permission from your parent or legal guardian.
2. MEMBERSHIP ACCOUNT
If you use our Web 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.
3. ONLINE CONDUCT
The goal at SHADE HAVENS® LLC is to create a useful, positive, and safe user Web Site experience. Any behavior by you that in our sole judgment restricts or inhibits any other user from using or enjoying shadehavens.com will not be permitted. When using our Website, you may not:
• Violate any law or regulation
• Give false information in your account details
• Take another person’s identity without that person’s permission or
misrepresent you are acting on behalf of a person, entity, or organization
• Post or share harmful, threatening, abusive, harassing, defamatory,
vulgar,obscene, sexually explicit, profane, hateful, racially, ethnically, or
otherwise objectionable material of any kind, including but not limited to any
material that encourages conduct that would constitute a criminal offence, give
rise to civil liability, or otherwise violates any applicable local,
state, national, or international law
• Abuse, harm, or bully another Web Site user, member of our staff, or person
• Use this Web Site if we have suspended or banned you from using it
• Make any commercial use of this Web Site or its content
• Interfere or disable any security related features of the site or features that
prevent or restrict use or copying of the content accessible via this Web Site
including but not limited to modifying, hacking, interfering, or disrupting the
site
• Misuse the site by knowingly introducing viruses, Trojans, worms, logic bombs,
or other similar material or by undertaking any other action that would harm
the site,
Misuse of any site’s equipment or have a detrimental impact on any user’s site
experience of using this Web Site
• Collect any data from the site other than in accordance with these TERMS of
USE
• Submit or contribute any content without the permission of the content owner
or otherwise infringe upon the copyright, trademark, or other rights of third
parties
If you breach any of these TERMS of USE, we may prevent you from using this Web Site on a permanent or temporary basis. We can take other action as well including but not limited to reporting you to the police or other law enforcement body, issue a warning or take other legal action against you and pursue any costs we incur as a result of doing this.
4. TERMINATION OF USAGE
SHADE HAVENS® LLC reserves the right, without notice, to terminate your access, or suspend your access to SHADEhavens.com for any conduct that we, in our sole discretion deem, is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, service provider, or our Company.
5. PRIVACY POLICY
Our Company recognizes and respects the importance of maintaining your privacy. SHADE HAVENS® LLC only gathers information necessary to fulfill your request for order(s) for our Products. We encourage you to carefully read our PRIVACY POLICY to understand what information we gather, why we gather it, and how we use that information.
6. OUR TERMS of USE MAY CHANGE
From time to time we may change the rules that govern your use of our Web Site, including our TERMS of USE, PRIVACY POLICY, and SHIPPING & RETURNS POLICY, so please check these before purchasing Products or using our Web Site or mobile applications. By continuing to use our Web Site or mobile applications, you are agreeing to follow and be bound by the rules as changed on our website. We may also change, move, delete, or add to our website from time to time.
7. WEB SITE INFORMATION
We try to make sure that all the information on our Web Site is accurate and current, including Product descriptions and images, pricing, or availability. However, occasionally there may be errors or inaccuracies. We will try to correct a mistake as soon as possible, but under no circumstance is SHADE HAVENS® LLC, its affiliates, or any of its officers, directors, employees, or agents responsible for errors or inaccuracies that are the result of human error, technical failures, or other causes that appear on this Web Site.
It is your responsibility to evaluate the information, opinion, advice, or other content available through shadehavens.com.
All descriptions, images, reference, features, content, specifications, Products, and prices of Products and services described or depicted on the Web Site are subject to change at any time without prior notice and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).
The prices displayed on our Web Site are quoted in U.S. dollars and are valid and effective only within the United States. You are responsible for the payment of any state and local sales or use taxes that may apply to your order.
8. REGISTERED TRADEMARKS
SHADE HAVENS® is a registered trademark of our Company. All other trademarks, Product names, and company names and logos appearing on shadehavens.com are the property of their respective owners.
9. INTELLECTUAL PROPERTY RIGHTS
All content on shadehavens.com, including information, data, software, photographs, graphics, logos, videos, music, sounds, and other materials is the property of SHADE HAVENS® LLC or its content suppliers and protected by international law. The compilation of all content on this Web Site is the exclusive property of SHADE HAVENS® LLC, with copyright authorship for this collection by SHADE HAVENS® LLC, and protected by international copyright law. You may not publish, delete, modify, add to, transmit, transfer, or sell, or in any way exploit any of this Web Site’s content, in part or in whole.
10. LICENSE AND SITE ACCESS
SHADE HAVENS® LLC grants you a limited license to access and make personal use of this Web Site and not to download (other than page caching) or modify SHADEHAVENS.com, or any portion of it, without the with express written consent of SHADE HAVENS® LLC. This license does not include any resale or commercial use of this site or its contents: any collection and any use of Product listings, descriptions, or prices: and derivative use of this site or its content; any downloading or copying of a count information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Web Site or any portion of this Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SHADE HAVENS® LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of SHADE HAVENS® LLC and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing SHADEHSVENS® LLC’s name or trademarks without the express written consent of SHADE HAVENS® LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SHADE HAVENS.com so long as the link does not portray SHADE HAVENS® LLC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any SHADE HAVENS® LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
11. TECHNOLOGY EXPORT
Export control laws of the U.S. regulate the export and re-export of technology that originates in the United States and includes the electronic transmission of information and software to foreign countries and to particular foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any content obtained from shadehavens.com to either a foreign destination or foreign national in violation of such laws.
12. ELECTRONIC COMMUNICATIONS
When visiting shadehavens.com or sending emails to us, you are communicating with us electronically. You consent to receive communications from us electronically and we will communicate with you by email. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13. REVIEWS, COMMENTS, EMAILS & OTHER CONTENT
Visitors to this Web Site may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing upon intellectual property rights, or otherwise injurious to third parties or objectionable and does not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form on “spam.” SHADE HAVENS® LLC reserves the right to remove or edit such content, but does not regularly review submitted content. If you do submit material, and unless we indicate otherwise, you grant SHADE HAVENS® LLC and its associates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world and in any media. You grant SHADE HAVENS® LLC and its associates and sub licensees the right to use the name you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate: that the use of the content you supply does not violate these TERMS of USE and will not cause injury to any person or entity: and that you will indemnify SHADE HAVENS® LLC and its associates for all claims resulting from content you supply. SHADE HAVENS® LLC has the right but not the obligation to monitor, edit, or remove any activity or content. SHADE HAVENS® LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
14. HYPERLINKS TO OTHER SITES
Our Web Site contains hyperlinks to resources including, for example, SHADE HAVENS® LLC Products including materials suppliers and their materials warranties. SHADE HAVENS® LLC does not control the availability and content of these websites and questions or concerns should be directed to that resource. Our Web Site also includes hyperlinks to social media platforms where opportunities to share may exist. These links are provided solely for your use and do not mean that SHADE HAVENS® LLC is endorsing or has association with any of these websites. SHADE HAVENS® LLC does not control the availability and content of linked social media websites and questions or concerns should be directed to that source. We are not responsible for the content of any website linked to or from our Web Site or for the legal consequences of your entering into any contracts with the third parties that provide these linked websites and we do not accept any liability for any loss, damage, expense, costs, or liability whatsoever incurred by you as a result. Please read linked websites terms of use as some websites may prohibit you from sharing our content.
TERMS & CONDITIONS of SALE
shadehavens.com is owned by SHADE HAVENS® LLC. All transactions conducted through SHADEhavens.com will be between, you the Customer, and SHADE HAVENS® LLC. By proceeding with the transaction, you the Customer, proactively and affirmatively acknowledge the responsibility to abide by all the rules and regulations of this Web Site. This agreement is set forth between SHADE HAVENS® LLC and, you the Customer. SHADE HAVENS.com Web Site is subject to the TERMS & CONDITIONS of SALE of this agreement. If you do not agree with these TERMS & CONDITIONS of SALE, please discontinue using our website.
1. PRODUCT AVAILABILITY
While we use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on the Web Site. We reserve the right to discontinue the sale of any Product listed on the Site at any time without notice.
All of our Products are custom furnishings and subject to availability. Please note that from time to time our Privacy Shade Fabric Panel and Indoor-Outdoor Pillow cover textile manufacturers change their offerings even to the extent of discontinuing a fabric.
SHADE HAVENS® LLC is not responsible for fulfilling orders for Privacy Shade Fabric Panels and Indoor-Outdoor Pillow covers of a particular color, pattern, or design when our textile manufacturers have discontinued that fabric. Please see our DISCLAIMERS & EXEMPTIONS.
Also, we may not be able to supply your order within the shipping time frame specified when your order is placed. Please see our DISCLAIMERS & EXEMPTIONS. If such a delay occurs, we will notify and give you a revised and approximate Product new shipping date.
SHADE HAVENS® LLC is not responsible for delay in Product manufacture or delay in shipping within the timeframe specified when an order is placed.
2. SPECIAL TERMS OF SALE
Our SHADE HAVENS® LLC Privacy Shades and coordinating Indoor-Outdoor Pillows are custom furnishings MADE TO ORDER to your specifications among the Product selections shown on the Web Site. For our Privacy Shades your choice of frame and foot base finishes, fabric panel material, and optional Trim creates a Product unique to your circumstance and environment. Likewise, our Indoor-Outdoor coordinating pillows are MADE TO ORDER as well.
MADE TO ORDER Privacy Shade Frames, Bases, and Fabric Panels both with and without optional Trim; and Indoor-Outdoor coordinating pillows begin production immediately upon order and are built to your specifications. A non-refundable 50% deposit will be taken when the order is placed. The remaining 50% balance due will be billed to your credit card when the Product is shipped.
The prices displayed on our Web Site are quoted in U.S. dollars and are valid and effective only within the United States.
You are responsible for the payment of any state and local sales or use taxes that may apply to your order.
3. CANCELLATION POLICY
WE ALLOW 72 HOURS AFTER AN ORDER IS PLACED, FOR AN ORDER TO BE CANCELLED. The credit card charged 50% deposit, for orders cancelled within the 72 hour timeframe, is fully refundable. Order cancellations must be submitted via phone no later than 72 hours after the order has been placed.
For warranty claims or further questions regarding our warranty policies, please contact us by email: www.customercare@shadehavens.com or Telephone (000) 000-0000.
ORDER REFUSAL OR CANCELLATION
The receipt of an order number or an email confirmation does not constitute acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any Product and/or to refuse service to any customer. We may require verification of information before accepting an order. SHADE HAVENS® reserves the right, at our sole discretion, to refuse or cancel any order for any reason.
5. PRODUCT IMAGES & FABRIC COLOR VARIATION
Please note that photos, pictures, and images on our Web Site are for illustrative purposes only and may vary depending upon the computer monitor from which they are viewed. For an accurate description of any Product and details of what is included with the Product, please read the Product description carefully.
We also highly encourage our customers to order a Fabric Sample for an actual example of a fabric material’s color and composition before making a Product purchase. SHADE HAVENS® LLC Products use the highest quality indoor-outdoor fabrics available internationally and where fabric color consistency is a hallmark of production. However, manufacture of any individual fabric may result in a “dye lot” variance of that fabric’s color.
Individual Privacy Shades will be made with Fabric Panels comprised of the same “dye lot.” However, there may be “dye lot” variance from one individual Privacy Shade to another Privacy Shade even though both are made using identical Fabric Panels.
And, the Product that you order, i.e., Privacy Shade with Fabric Panels, additional Fabric Panels, and Indoor-Outdoor Pillow fabric may have a sight “dye lot” variance from the Fabric Sample you received and the Product you purchase.
Likewise, additional Fabric Panels and Indoor-Outdoor Pillow fabrics may have a sight “dye lot” variance from the same previously purchased, Privacy Shade’s Fabric Panels and Indoor-Outdoor Pillow fabric.
When a single order is placed at one time for multiple Privacy Shades with Fabric panels, multiple additional Fabric Panels, or multiple Indoor-Outdoor Pillows using the same fabric pattern, we will either use the same fabric “dye lot” on all said Shade Panels, additional Fabric Panels and Pillows, or contact you with a delayed delivery date to allow for manufacture lead time in producing sufficient quantity of same “dye lot” fabric to complete your order.
SHADE HAVENS® LLC warranty does not apply to “dye lot” variance and exact color matching on separately ordered Privacy Shades, replacement Fabric Panels, and pillow fabrics. Exact color matching, in these circumstances, cannot be assured. SHADE HAVENS® LLC is also not responsible for a delay in manufacturer lead time in supplying sufficient fabric quantity for applicable same dye lot usage.
6. PRIVACY SHADE PANEL FABRIC IMPERFECTIONS
Again, SHADE HAVENS® LLC Privacy Shades use the highest quality indoor-outdoor vinyl coated polyester and acrylic fabrics available internationally. Privacy Shade Panel Fabrics, both VINYL and ACRYLIC will naturally “drape” as they are suspended from their Privacy Shade support bars. A “waviness” or draping of fabric may be more or less visible depending upon the type and pattern of fabric. This effect does not require a change of fabric. This draping is inherent in the nature of the fabric and has no effect on fabric performance.
Also, a slight embossing, some veining, small folds along the stitching or in the center of the ACRYLIC fabrics or possibly some overlapping could appear. These hardly perceptible irregularities are inherent in the nature of acrylic fiber and have no effect on the performance of your canvas.
SHADE HAVENS® LLC can in no way be held responsible for these slight imperfections, including but not limited to:
• “Waviness”appearing on fabric panels, or produced subsequent to handling during sewing and assembly of vinyl coated polyester and acrylic fabrics and that may present “curvature” or draping visible against the sunlight and due to an optical effect (differences in the refraction of light).b Waviness” or fabric draping is particularly visible on solid-color vinyl-coated polyester fabrics inspected against the, or viewed in, certain light.
• Waffle building or veining. subsequent to handling during sewing and assembly, of acrylic fabrics treated with resins containing fluoride that may present “veining”visible against the sunlight and due to an optical effect (differences in the refraction of light)
• When rolling the canvas, folds that may be produced in the center or along the stitching.
• Veining or white traces. Subsequent to handling, small white traces may appear on acrylic fabrics treated with resins containing fluoride. They are particularly visible on light-colored canvases inspected against the light.
These small irregularities do not require a change of fabric. On the other hand, if you notice a problem concerning your vinyl coated polyester with its 3-year warranty, or have the slightest problem concerning the major qualities of your acrylic canvas with its 10-year color guarantee - color hold, rotproof nature, strength: or, we invite you to let us know.
SHADE HAVENS® LLC warranty does not apply to fabric “waviness” or draping folds that may be appear on the fabric panels or produced as a result of sewing and/or assembly.
SHADE HAVENS® LLC warranty does not apply to fabric Waffle building or veining, folds that may be produced in the center or along the stitching or Veining of white traces.
7. PRIVACY SHADE ASSEMBLY
Your Privacy Shade comes with Assembly Instructions that should be followed when putting the Privacy Shade together. And, although designed for easy assembly, you may also wish to view the Web Site Privacy Shade Assembly Video for assistance.
The assembly of SHADE HAVENS® LLC Privacy Shades purchased and received by the Customer is the Customer’s responsibility. SHADE HAVENS® LLC shall assume no legal liability in relation to the assembly of its Privacy Shades. SHADE HAVENS® LLC assumes no legal liability for damages caused by said Privacy Shade(s) or other accidents caused or damages incurred while the Customer is assembling said Privacy Shade(s).
Should the Customer enter into a paid services contract with an assembler for the assembly of said Privacy Shade(s), the terms of such contract shall be in accordance with the terms and conditions set forth by the assembler. Any and all responsibility arising in relation to the paid services contract with said assembler shall be assumed by the assembler. SHADE HAVENS® LLC shall not assume such responsibility. Please see our Assembly Instructions.
8. PRIVACY SHADE HANDLING and USE
A CAUTION label has been affixed to your SHADE HAVENS® Privacy Shade frame to ensure Privacy Shade proper handling and use. Please read the label prior to using your Privacy Shade, and follow its instructions when the Privacy Shade is in use. DO NOT REMOVE THE LABEL.
Even with it Bases attached, a SHADE HAVENS® Privacy Shade may fall over and/or its Snap-On bars and Fabric Panels detach causing personal injury.
A SHADE HAVENS® Privacy Shade must be used with its Bases attached. SHADE HAVENS® LLC assumes no legal liability for damages caused by said Privacy Shade or other accidents caused or damages incurred where the Customer uses a Privacy Shade without its Bases attached.
CAUTION
DO NOT MOVE A SHADE HAVENS® PRIVACY SHADE BY PULLING ON THE FRAM.
as moving in this manner places excessive stress on the frame as attached to its base. Instead MOVE THE PRIVACY SHADE BY SIMULTANEOUSLY LIFTING THE 2 BASES UP FROM THEIR RESTING SURFACE AND REPOSITIONING THE PRIVACY SHADE TO ITS DESIRED LOCATION. SHADE HAVENS®. IT IS STRONGLY ADVISED THAT MORE THAN ONE PERSON ASSIST IN THE MOVEMENT OR REPOSITIONING OF A SHADE HAVENS® PRIVACY SHADE. SHADE HAVENS® LLC assumes no legal liability for damages caused by said Privacy Shade or other accidents caused or damages incurred where the Customer moves or repositions a Privacy Shade.
DO NOT PLACE A SHADE HAVENS® PRIVACY SHADE NEAR HEAT OR OPEN FLAME OF ANY KIND.
SHADE HAVENS® LLC assumes no legal liability for damages caused by said Privacy Shade or other accidents caused or damages incurred where the Customer places a Privacy Shade near heat or open flame of any kind.
DO NOT USE A SHADE HAVENS® PRIVACY SHADE AS A BARRIER OF ANY KIND,
including for safety or any other purpose. SHADE HAVENS® LLC assumes no legal liability for damages caused by said Privacy Shade or other accidents caused or damages incurred where the Customer uses a Privacy Shade as a barrier of any kind, whether for safety or for any other purpose.
DO NOT STAND ON A SHADE HAVENS® PRIVACY SHADE FRAME.
SHADE HAVENS® LLC assumes no legal liability for damages caused by said Privacy Shade or other accidents caused or damages incurred where the Customer, or any other person, stands upon a Privacy Shade frame.
CHILDREN should be supervised to ensure that they DO NOT PLAY WITH THE PRIVACY SHADE FRAME, SNAP-ON BARS, FABRIC PANELS, ACRYLIC PANELS, VINYL LINERS or BASES.
SHADE HAVENS® LLC assumes no legal liability for damages caused by said Privacy Shade or other accidents caused or damages incurred where CHILDREN or any other person plays with the Privacy Shade frame, Snap-On bars, Fabric Panels, or Bases.
SHADE HAVENS® Privacy Shades are made to a very high standard. Placed in the out-of-doors, the Privacy Shade is secured in an upright position by its Outdoor Bases and experiences increased stability due to airflow allowance between Fabric Panels. However, even with it Bases attached, a SHADE HAVENS® Privacy Shade may fall over and/or its Snap-On bars and fabric panels detach causing personal injury. Proper care of your SHADE HAVENS® LLC Privacy Shade includes DISASSEMBLING the frame by “unsnapping” and removing Snap-On bars and Fabric Panels in breeze and wind; or, PUTTING AWAY the Privacy Shade if breeze or wind is expected. See PRIVACY SHADE DEFECTS CAUSED BY WEATHER for additional Privacy Shade handling and use instructions. SHADE HAVENS® LLC assumes no legal liability for damages caused by said Privacy Shade or other accidents caused or damages incurred where the Customer, or any other person, maintains or uses a Privacy Shade with its Snap-On bars and fabric panels “Snapped-On” or ASSEMBLED in breeze or wind.
9. PRIVACY SHADE DEFECTS CAUSED BY WEATHER
Wind damage does not constitute a faulty Privacy Shade. Your warrantied SHADE HAVENS® Privacy Shade frame, connectors, Snap-On bars, Fabric Panels, and Bases do not include damage or defects from the weather. This includes but is not limited to:
• Damage caused from the wind
• Damage caused from wind conditions are NOT covered under any circumstances.
• Damage indicative of wind including, but not limited to: bent or broken Snap-On bars, broken snap fasteners, bent aluminum frame tubing, aluminum frame tubing disconnected from permanent tube connectors, and unraveling hems of, or torn, Fabric Panels among other damages.
PLEASE USE THE PRIVACY SHADE AT YOUR OWN RISK IN THE WIND. Any windspeed greater than a moderate breeze of 13 mph may cause damage. While our Privacy Shades are made to a very high standard, they are designed for normal weather conditions. You should not take your Privacy Shade out in wind or lightening. Also, in wind, rain does not fall vertically as the wind forces the rain at more of an angle, whereby it is likely that no Privacy Shade will remain upright in these types of conditions.
SHADE HAVENS® LLC assumes no legal lability for damages caused by said Privacy Shade or other accidents caused or damages incurred when the Customer uses a Privacy Shade in breeze and wind or lightening.
10. INDEMNIFICATION
You agree to defend and indemnify and hold harmless SHADE HAVENS® LLC and our affiliates, and our and their respective directors, officers, agents, contractors, joint ventures, and employees from and against any and all losses, claims, damages, demands, proceedings, or expenses (including without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or related to, any actual or alleged breach or violation of these TERMS of USE resulting from your use of shadehavens.com.
11. FORCE MAJEURE
SHADE HAVENS® LLC will not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to Acts of God, strikes, lock outs, accidents, war, fore, breakdown of plant machinery or shortage or unavailability of raw materials from a natural source or supply. As such, SHADE HAVENS® LLC shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as SHADE HAVENS® LLC considers unreasonable, it may, without liability on its part, terminate the Customer’s Product order.
12. DISCLAIMER OF WARRANTIES
This Web Site and our mobile applications are provided on an “as is,” and “as available” basis and SHADE HAVENS® LLC specifically disclaims warrants of any kind, whether express, implied, statutory, limited, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, or non-infringement, or those arising out of a course of dealing or usage of trade, to the fullest extent permitted by applicable law. You acknowledge and agree, to the fullest extent permitted by applicable law, your use of this Web Site or our mobile applications, as applicable, that your use of this Web Site or mobile application is at your sole risk, that you assume full responsibility for all costs associated will necessary servicing or repairs of any equipment you use in connection with your use and that SHADE HAVENS® LLC and its officers, employees, contractors, affiliates, and agents shall not be liable for any damage of any kind related to your use of this Web Site or our mobile applications. In particular and to the fullest extent permitted by applicable law, SHADEHSVENS® LLC and its affiliates make no representations or warranties about the accuracy or completeness of content available on or through the Web Site or mobile applications, or the content of any websites or online services linked to or integrated with the Web Site or mobile applications. And, to the fullest extent permitted by applicable law, SHADE HAVENS® LLC and its affiliates will have no liability for any: (a) errors, mistakes, inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the Web Site or mobile applications; (c) any theft, destruction, unauthorized access to or use of our servers or of any personal information or user data; (d) any interruption of transmission to or from the Web Site or mobile applications; (e) any bugs, viruses, worms, or the like which may be transmitted on or through the Web Site or mobile applications by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted or shared through the Web Site or mobile applications. To the fullest extent permitted by applicable law, in no event will SHADE HAVENS® LLC or its affiliates be liable to you or any third party for any indirect, special, incidental, punitive, or consequential damages (including for the indirect loss of profit, revenue, or data) arising out of or relating to the Web Site or mobile applications, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, or other tort theory of liability) even if advised of the possibility of such damages. And, no oral advice or written information given by SHADE HAVENS® LLC or its affiliates, nor any of its officers, directors, employees, agents, contractors, suppliers, or the like, shall create a warrant.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
13. DISCLAIMERS & EXEMPTIONS
SHADE HAVENS® LLC will not honor any claim for damage or defects due to the following:
SHADE HAVENS® LLC will not honor any claim regarding UPS shipping due to the following:
• Missing deliveries once UPS indicates that the shipment has been delivered.
• Delays in shipping due to invalid delivery address entries. Please DO NOT use aP.O. box.
• Shipping a Product order without a signature requirement unless a request is made in the comments section of your order.
• Not shipping a Product order with Signature Service unless requested or UPS requires it for your area.
14. LIMITATION OF LIABILITY
SHADE HAVENS® LLC will not be liable for any Product loss or damage incurred by the Customer in excess of the Product price.
Nothing contained in these TERMS of USE shall be construed so as to limit or exclude the liability of SHADE HAVENS® LLC for death or personal injury as a result of SHADE HAVENS® LLC’s negligence or that of its affiliates or agents.
15. ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS
All disputes or claims arising under or relating in any way to your use of this Web Site or its mobile applications, to any Products or services sold or distributed by SHADE HAVENS® LLC or otherwise through this Web Site or its mobile applications are to be settled by binding arbitration in the county of Mecosta, Michigan, rather than in court, except that you may assert claims in small claims court if your claims qualify. If for any reason a claim proceeds in court rather than in arbitration you and SHADE HAVENS® LLC hereby each waives any right to a jury trial of any claim. This arbitration agreement does not preclude you or SHADE HAVENS® LLC from seeking action by federal, state, or local government agencies. You and SHADE HAVENS® LLC also have the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these TERMS of USE, nor a waiver of the right to have disputes submitted to arbitration as provided in these TERMS of USE.
The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association (AAA) under its rules including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitrator will either be a retired judge or attorney licensed to practice in the State of Michigan and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA rules. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. The arbitrator shall include a written record of the arbitration hearing.
Both you and SHADE HAVENS® LLC agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitrator can decide only your and SHADE HAVENS® LLC’s individual claims. The arbitrator may not consolidate or join claims of other persons or parties who may be similarly situated.
Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitration among the parties in amounts as the arbitrator deems appropriate.
The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these TERMS of USE and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
Regardless of any statue or law to the contrary, notice on any claim arising from or related to these TERMS of USE must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these TERMS of USE and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
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 AAA rules, and the right to certain remedies and forms of relief. Other rights that you or SHADE HAVENS® LLC would have in court also may not be available in arbitration.
16. ADDITIONAL PROVISIONS
Any action relating to the use of this Web Site, mobile applications, or any transaction with SHADE HAVENS® LLC must be brought in the state or federal courts located in the County of Mecosta, Michigan. You consent and submit to the personal jurisdiction of such courts for the purposes of such actions.
These TERMS of USE will be governed by ad construed in accordance with the laws of the State of Michigan, without giving effect to any conflict of laws, rules, or provisions.
Under no circumstances will SHADE HAVENS® LLC be held liable for any delay or failure in performance due in whole or in part of any acts of nature or other causes beyond our reasonable control.
In any provision of these TERMS of USE is found to be unlawful or unenforceable, then that provision will be deemed severable from these TERMS of USE and will not affect the enforceability of any other provision.
The failure by SHADE HAVENS® LLC to enforce any right or provision of these TERMS of USE will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these TERMS of USE, including in connection with a sale of assets or equity, or by operation of law.
17. PATENTED PRODUCTS
At SHADE HAVENS® we will offer new products for enhancing living in the out-of-doors as well as for interior décor.
The United States Patent Marketing for SHADE HAVENS® LLC brand Products made from January 1, 2020 is as follows until this list is revised. This list associates products and applications, publications, and/or patents (“properties”) and is posted on the Internet to provide notice to the public of the properties listed. This list is provided in compliance with the virtual patent marking provisions of 35 USC 287. The content of this list and its association between Products and properties may change due to events including, but not limited to: filing, publications, issuance, licensing, product changes, expiration, abandonment, and other circumstances. The content of this list may be updated from time to time but may not be up to date at the specific time when you visit this Web Site. Patent applications may be pending or published, and patents may have been issued in the United States and elsewhere which are not identified on this list. This list may be unavailable from time to time without notice as part of maintenance or an unintended outage. Efforts will be made to maintain this Web Site information active. This list might not be all inclusive and other products not listed here may be associated with one or more properties in the United States or elsewhere. Absence of any property from this list does not prevent enforcing any and all legal rights associated with the property.
Each patent listed by Product name applies to all Products. Items listed below may be sold individually or in multiple quantities. If you have any questions about this list, please contact SHADE Havens® at www.customercare@shadehavens.com
Product: Privacy Shade Status: This product is covered by U.S. Patent No. 10,508,452
