When you use any Haute Heinie Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Haute Heinie Services. 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.
HAUTE HEINIE MEMBERSHIP
Any membership coupons and/or discount codes issued to you will expire if they are unused following the twelve (12) month anniversary of issuance. Additionally, coupons and/or discount codes are freely transferrable and can be applied across multiple purchases on this Site or the Haute Heinie Services unless specified for any limited usage.
Membership coupons and/or discount codes are not refundable or redeemable for cash. Membership coupons and/or discount codes can only be used toward purchasing Haute Heinie items on the Site or through the Haute Heinie Services.
HAUTE HEINIE LLC LIMITATION OF LIABILITY HAUTE HEINIE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO MEMBERSHIP COUPONS OR DISCOUNT CODES INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A MEMBERSHIP COUPONS OR DISCOUNT CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH MEMBERSHIP COUPONS OR DISCOUNT CODE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
RISK OF LOSS/TITLE
The risk of loss and title for products purchased on the Site or through the HAUTE HEINIE Services passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. HAUTE HEINIE does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, HAUTE HEINIE does not take title to the refunded item.
HAUTE HEINIE is not required by law to collect sales and/or use taxes in all states, nor does it actually collect such taxes in all states. However, HAUTE HEINIE reserves the right to collect sales tax in any other jurisdictions if it believes that such collection is required by law.
For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where HAUTE HEINIE does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.
To make purchases through the HAUTE HEINIE Services you must submit credit card information. You represent and warrant to HAUTE HEINIE that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize HAUTE HEINIE to use any updated credit card information submitted by your credit card company directly to HAUTE HEINIE. If you dispute any charges, you must inform HAUTE HEINIE within thirty (30) days upon receipt of HAUTE HEINIE’ invoice. We reserve the right to change HAUTE HEINIE prices or fees purchase items. Your continued use of the HAUTE HEINIE Services after the price change becomes effective constitutes your agreement to pay the changed amount.
ACCOUNT CONFIDENTIALITY AND ACCESS
Any and all HAUTE HEINIE Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to HAUTE HEINIE, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. HAUTE HEINIE specifically prohibits any use of the HAUTE HEINIE Service, and requires all users to agree not to use the HAUTE HEINIE Services, for any of the following:
• Posting any information which is incomplete, false, inaccurate or not your own;
• Creating multiple accounts for the same user;
• Accessing data not intended for you or logging on to a HAUTE HEINIE server or account, which you are not authorized to access;
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
• Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
• Attempting to interfere in any way with this Site’s network security, or attempting to use this Site’s service to gain unauthorized access to any other computer system;
• Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• Attempting to interfere or interfering with the operation of this Site, HAUTE HEINIE’s provision of services to any other visitors to this Site, HAUTE HEINIE hosting provider or networks, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "mail bombing" or "crashing" this Site;
• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any HAUTE HEINIE Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to HAUTE HEINIE and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub licensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. HAUTE HEINIE will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. HAUTE HEINIE shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. HAUTE HEINIE retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
If you utilize your Facebook account to access and use the social features available through the HAUTE HEINIE Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that HAUTE HEINIE is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the HAUTE HEINIE Services and its social features, you agree to respect other users of the HAUTE HEINIE Services in your interactions with them. HAUTE HEINIE reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold HAUTE HEINIE and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and HAUTE HEINIE reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although HAUTE HEINIE has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and HAUTE HEINIE cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. HAUTE HEINIE is not responsible for typographical errors regarding price or any other matter.
All orders placed through any HAUTE HEINIE Services are subject to HAUTE HEINIE’s acceptance. This means that HAUTE HEINIE may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, HAUTE HEINIE will issue you a refund.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any HAUTE HEINIE Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to HAUTE HEINIE and all rights thereto are specifically reserved. As between you and HAUTE HEINIE, (or any other company whose marks appear on any of the HAUTE HEINIE Services), HAUTE HEINIE (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the HAUTE HEINIE Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The HAUTE HEINIE logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Intellectual Property”) are owned by HAUTE HEINIE and may be registered in the United States and internationally. You agree not to display or use the HAUTE HEINIE Intellectual Property in any manner without HAUTE HEINIE’ prior written permission. Nothing contained on this Site or in any of the HAUTE HEINIE Services should be construed to grant any license or right to use any HAUTE HEINIE Intellectual Property without the prior written consent of HAUTE HEINIE.
Except as otherwise provided herein, use of the HAUTE HEINIE Services does not grant you a license to any materials, content or features you may access on this Site or via the HAUTE HEINIE Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the HAUTE HEINIE Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by HAUTE HEINIE. If you make use of the HAUTE HEINIE Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the HAUTE HEINIE Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
HAUTE HEINIE publishes information within the HAUTE HEINIE Services as a convenience to its visitors. While HAUTE HEINIE attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the HAUTE HEINIE Services at any time without notice. The HAUTE HEINIE products described in the HAUTE HEINIE Services may not be available in your region. HAUTE HEINIE does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the HAUTE HEINIE Services will be available for purchase in all jurisdictions.
YOUR USE OF THE HAUTE HEINIE SERVICES ARE AT YOUR SOLE RISK. THE HAUTE HEINIE SERVICES AND THE PRODUCTS OFFERED THROUGH THE HAUTE HEINIE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HAUTE HEINIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
HAUTE HEINIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE HAUTE HEINIE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE HAUTE HEINIE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
HAUTE HEINIE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE HAUTE HEINIE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HAUTE HEINIE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF HAUTE HEINIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HAUTE HEINIE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE HAUTE HEINIE SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. HAUTE HEINIE SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
HAUTE HEINIE makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the HAUTE HEINIE Services. Hyperlinks are included solely for your convenience, and HAUTE HEINIE makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. HAUTE HEINIE does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the HAUTE HEINIE Services.
INDEMNITY AND RELEASE
DISPUTES AND DISPUTE RESOLUTION
GOVERNING LAW Use of the HAUTE HEINIE Services, membership in the HAUTE HEINIE VIP Membership Program, any purchases made through the HAUTE HEINIE Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the HAUTE HEINIE Services, your membership in or purchases through the HAUTE HEINIE Services, HAUTE HEINIE VIP Membership Program and/or your Account, or products purchased through the HAUTE HEINIE Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Any claim or cause of action you may have with respect to HAUTE HEINIE or the HAUTE HEINIE Services must be commenced within one (1) year after the claim or cause of action arose.
CLASS ACTION WAIVER
Both you and HAUTE HEINIE waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the HAUTE HEINIE Services, your membership in or purchases through the HAUTE HEINIE VIP Membership Program and/or your Account, or products purchased through the HAUTE HEINIE Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")
Jurisdiction and venue for any dispute shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
AGREEMENT TO PRE-ARBITRATION NOTIFICATION
AGREEMENT TO ARBITRATE CLAIMS
Except to the limited extent noted below, use of the HAUTE HEINIE Services, membership in the HAUTE HEINIE VIP Membership Program, any purchases made through the HAUTE HEINIE Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the HAUTE HEINIE Services, your membership in or purchases through the HAUTE HEINIE VIP Membership Program, or products purchased through the HAUTE HEINIE Services shall be resolved by final and binding arbitration between you and HAUTE HEINIE.
The arbitration shall take place in Los Angeles County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration.
If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, HAUTE HEINIE will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, HAUTE HEINIE will also reimburse you for the $125 base filing fee.
If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of HAUTE HEINIE' last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then HAUTE HEINIE will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee).
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and HAUTE HEINIE waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER
NOTICE FOR CALIFORNIA USERS
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information HAUTE HEINIE shares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: General Counsel, 800 Apollo Street, El Segundo, CA, 90245. In your request, please specify that you want a "Your HAUTE HEINIE California Privacy Rights Notice". Please allow 30 days for a response.
You agree that no joint venture, partnership, employment, or agency relationship exists between HAUTE HEINIE and you as a result of this Agreement or your use of the HAUTE HEINIE Services.
If you have any questions regarding our policies please send all inquiries to HAUTE HEINIE, LLC, through our CONTACT US page.