Last Updated: 01/01/2023
Introduction
These Terms of Use (“Terms”) apply to the website located at havana-joe.com and any related sites, applications, services, tools, and content provided by Havana Joe® (collectively referred to as the “Service”). The Service is owned and operated by Havana Joe LLC.
Please read these Terms carefully before using the Service. By accessing or using any part of the Service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use the Service.
Any new features, tools, or resources added to the Service will also be subject to these Terms. You can review the most current version of the Terms at any time at this page. We reserve the right to update these Terms at any time without notice.
Modification of the Service
We reserve the right to withdraw, amend, or modify the Service without notice. We may also impose limits or restrict your use of parts or all of the Service without liability. We will make reasonable efforts to notify you of any material changes to the Service that adversely affect your use of the Service.
Your continued use of the Service after any changes constitutes acceptance of those changes. If you do not agree to the amended Terms, you must discontinue using the Service.
Purchasing Havana Joe® Products
The Service allows you to purchase Havana Joe® brand footwear and accessories online. When placing an order, you agree that:
- You are legally capable of entering into contracts.
- Your billing and shipping information is truthful and accurate.
- Your credit card or other payment information belongs to you or you are authorized to use it.
- You authorize us to charge your chosen payment provider for the product cost plus applicable taxes and shipping fees.
All prices and availability of products are subject to change without notice. We strive to display colors, sizes, and other product details accurately on the Service. However, we do not guarantee that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free.
Once we receive and verify your valid order, we will send you a confirmation email with your order details and expected ship date. We will make reasonable efforts to fulfill your order according to the estimated delivery date. However, we are not responsible for any delays caused by unforeseen circumstances or errors by third-party delivery partners.
You agree that your order is an offer to buy, under the terms specified in your order, and our acceptance is expressly conditioned on your assent to all terms and conditions contained in these Terms.
Use Restrictions & Prohibited Conduct
You agree not to misuse the Service or help anyone else misuse the Service. This includes:
- Malicious or harmful behavior: Using the Service to transmit any content that contains viruses, worms, malware, Trojan horses, harmful or malicious code, or other destructive features; or in any way behaving in a malicious, abusive, harassing, tortious, hateful, racially or ethnically offensive, or otherwise inappropriate manner.
- Unauthorized activities: Using bots, scrapers, or other automated means to access, collect data from, or interfere with the proper working of the Service; reverse engineering, decompiling, or hacking the Service; or attempting to gain unauthorized access to the Service or its related systems or networks.
- Intellectual property infringement: Copying, modifying, distributing, selling, reselling, or exploiting any part of the Service without our express written permission; or using any trademarks, service marks, or copyrighted materials in a way that is likely to cause confusion.
- Unlawful activities: Using the Service in violation of applicable laws or regulations, including to facilitate illegal activity.
We reserve the right to terminate your access to the Service for violations of these restrictions or for any other reason at our sole discretion.
User Content
The Service may allow you to upload or submit reviews, photos, comments, and other content (“User Content”). You retain ownership of your User Content.
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, copy, modify, distribute, publicly display/perform, publish, and translate the User Content in connection with operating and providing the Service.
You are responsible for your User Content and for ensuring you have the rights to submit it to us. It must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties. We reserve the right to remove or disable access to User Content that violates these Terms.
Intellectual Property Rights
The Service and its contents, features, and functionality are owned by Havana Joe LLC and its licensors. These works are protected by United States and international intellectual property laws.
The Havana Joe® name, logo, product names, designs, images, photographs, videos, text, graphics, interfaces, and other distinguishing brand elements are our trademarks and service marks. You may not use our trademarks or service marks in a manner likely to cause confusion, nor may you disparage our brand.
All other trademarks appearing on the Service are the property of their respective owners. Unless otherwise specified, the Service and its contents may not be copied, modified, adapted, reproduced, republished, framed, displayed, or distributed in any way without prior written consent.
Nothing in these Terms grants you any legal rights to use the Havana Joe® name, logo, Service content, or other brand elements in any way not covered by these Terms.
Copyrights & DMCA Policy
We respect the intellectual property of others. If you believe your copyrighted work has been copied or used on the Service in a way that constitutes infringement, please contact us at [email protected] with the following:
- Your contact information, including full name and mailing address.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the infringing material on the Service, including a description.
- A statement indicating that you have a good faith belief the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, affirming you are the owner of the copyright or authorized to act on behalf of the owner.
- An electronic or physical signature of the copyright owner or authorized agent.
We will process notices that comply with the Digital Millennium Copyright Act (DMCA) and remove allegedly infringing materials. If you receive a DMCA takedown notice involving your User Content, you may file a counter-notification by contacting our agent.
Disclaimers and Limitations of Liability
While we aim to maintain the integrity and security of the Service, we make no guarantees the Service will be available and uninterrupted at all times. We are not responsible for third-party data or content provided through the Service.
The Service is provided on an “as is” and “as available” basis without warranties of any kind, including that content is accurate, complete, current, suitable, reliable, or error-free. We disclaim all other warranties, express or implied, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose.
We are not liable for damages arising from use of the Service, including indirect, incidental, special, consequential, or punitive damages, whether foreseeable or unforeseeable. This includes damages for loss of data, goodwill, revenue, profits, use of money, use of products, interruption in use or availability of data, stoppage of work, or impairment of assets or business.
In no event will our liability for damages arising from use of the Service exceed the amount of fees paid to us by you in the year preceding the event giving rise to the claim.
Applicable law may not allow the limitation or exclusion of some warranties or liabilities, so parts of the above limitations may not apply to you. In such cases, liability will be limited to the fullest extent permitted by applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless Havana Joe LLC, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from any claims, actions, demands, liabilities, damages, judgments, settlements, costs, expenses, fees (including attorneys’ fees), or disbursements arising from: (1) your use of the Service; (2) your User Content; (3) your violation of these Terms; and (4) your violation of applicable laws or third party rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting applicable defenses. You will not settle any such matter without our prior written consent.
Governing Law
These Terms and your use of the Service are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Judicial proceedings regarding any matter arising from your use of the Service must be conducted in the federal or state courts located in New Castle County, Delaware. You consent to the personal jurisdiction and venue of such courts for the purpose of resolving any dispute arising under or in relation to these Terms or your use of the Service.
Arbitration Agreement
You and Havana Joe LLC agree that we shall resolve any disputes through final and binding arbitration instead of through court proceedings. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and applies to any dispute arising out of or relating to the Service or these Terms. The American Arbitration Association (AAA) will administer the arbitration under the Consumer Arbitration Rules. Arbitration hearings will take place in the federal judicial district of your residence.
You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note arbitration proceedings are usually simpler and more limited than court proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
You have the right to opt out of this arbitration agreement within 30 days of the date you agreed to these Terms by contacting [email protected]. Opting out will not affect any previous arbitration agreements.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE, YOU AND HAVANA JOE LLC WAIVE ANY RIGHT TO A JURY TRIAL FOR CLAIMS RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE.
Changes to These Terms
We may revise these Terms from time to time to better reflect:
- Changes in the law
- New regulatory requirements
- Improvements or enhancements to the Service
- Changes in business practices
- User feedback
Any changes will take effect immediately upon posting the revised Terms on the Service. By continuing to access or use the Service after revisions become effective, you agree to be bound by all Terms. We will provide notice of changes to these Terms by posting them on this page.
If you do not wish to be bound by revised Terms, you must stop using the Service. Your use of the Service after the effective date of revised Terms constitutes acceptance of the revised Terms.
Additional Policies
In addition to these Terms, the following additional policies apply to use of the Service:
- Privacy Policy
- Cookie Policy
- Return Policy
These additional policies are incorporated into these Terms. By agreeing to these Terms, you also agree to the terms of our additional policies.
Contact Us
Please contact us with any questions or concerns regarding these Terms and Conditions:
Havana Joe LLC
Email: [email protected]
Phone: 1-800-555-5555
Address: 123 Havana Joe Ln, Los Angeles, CA 90001 USA
Entire Agreement
These Terms constitute the entire agreement between you and Havana Joe LLC with respect to your access and use of the Service. Our failure to exercise or enforce rights under these Terms is not a waiver of those rights. Should any part of these Terms be held invalid or unenforceable by any court, the remaining Terms will remain in full force.
By accessing or using the Service, you agree you have read, understood, and accept all terms in these Terms of Use. You also acknowledge this agreement is the complete and exclusive statement of the agreement between us and supersedes any other oral or written proposal, agreement, or other communication relating to the Service.
