Terms of service
OVERVIEW
This website is operated by DownyHaven. Throughout the site, the terms “we”, “us” and “our” refer to DownyHaven. DownyHaven offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms may result in termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, subject to applicable law.
You understand that your content, not including credit card information, may be transferred over various networks and may be changed to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. Material on this site is provided for general information and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete or timely sources where appropriate. Any reliance on material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update information except as required by applicable law.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice where permitted by law.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, except where otherwise required by applicable law.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every reasonable effort to display as accurately as possible the colors and images of products that appear in our store. We cannot guarantee that your device or monitor will display colors accurately.
We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction where permitted by law. We may exercise this right on a case-by-case basis.
We reserve the right to limit quantities of products or services that we offer. Product descriptions and pricing may be changed at any time without notice. We reserve the right to discontinue any product at any time. Any offer made on this site is void where prohibited.
We do not warrant that products, services, information, or other material purchased or obtained through the Service will meet every individual expectation, except for warranties or rights that cannot lawfully be excluded.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order you place with us where permitted by law. We may, in our discretion, limit or cancel quantities purchased per person, household or order.
These restrictions may include orders placed by or under the same customer account, payment method, billing address or shipping address.
If we change or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided when the order was placed.
We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by unauthorized dealers, resellers, distributors, or for fraudulent purposes.
You agree to provide current, complete and accurate purchase and account information for purchases made through our store and to promptly update information where necessary so that we can complete transactions and contact you as needed.
For more information regarding returns and refunds, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor and have no control or input.
You acknowledge and agree that access to such tools may be provided “as is” and “as available” without warranties, representations or conditions of any kind, except where otherwise required by law.
Your use of optional third-party tools is at your own discretion and is subject to the terms provided by the applicable third-party provider.
We may also offer new services, features, tools or resources through the website in the future. Such features and services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available through our Service may include materials or links from third parties.
Third-party links may direct you to websites that are not affiliated with or controlled by DownyHaven. We are not responsible for examining or evaluating third-party content, websites, products or services and do not assume responsibility for their privacy, security, accuracy, content or practices.
Please review third-party policies and terms carefully before engaging in transactions with third-party websites or services. Questions or claims regarding third-party products or services should be directed to the applicable third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit ideas, suggestions, reviews, proposals, plans, comments, photographs, videos or other materials to us, you agree that we may use such materials as permitted by applicable law and subject to any specific terms or permissions applicable to the submission.
We may monitor, edit or remove content that we determine, in our discretion, is unlawful, offensive, threatening, defamatory, obscene, infringes intellectual property rights, or otherwise violates these Terms of Service.
You agree that your submissions will not violate the rights of any third party, including copyright, trademark, privacy, publicity, personality, or other proprietary rights.
You further agree that submissions will not contain unlawful, abusive or obscene material, malicious software, viruses or other harmful code.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of a submission.
You are responsible for the accuracy and legality of content you submit.
SECTION 10 - PERSONAL INFORMATION
Your submission and our processing of personal information through the store are governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability or other matters.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service is inaccurate, including after an order has been submitted, subject to applicable law.
We undertake no obligation to update, amend or clarify information in the Service except as required by law.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in unlawful acts;
- to violate applicable international, federal, state, provincial or local laws or regulations;
- to infringe upon or violate intellectual property rights;
- to harass, abuse, threaten, defame, discriminate against or harm another person;
- to submit false or misleading information;
- to upload or transmit viruses, malware or other harmful code;
- to unlawfully collect or track personal information of others;
- to spam, phish, pharm, pretext, spider, crawl or scrape in violation of applicable law or these Terms;
- for obscene or unlawful purposes; or
- to interfere with or circumvent security features of the Service or related systems.
We reserve the right to terminate or restrict access to the Service for violations of these prohibited uses, subject to applicable law.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will be uninterrupted, timely, secure or error-free.
We do not warrant that results obtained from use of the Service will always be accurate or reliable.
You agree that from time to time we may remove the Service for periods of time or discontinue the Service where permitted by law.
To the maximum extent permitted by applicable law, the Service and products and services delivered through the Service are provided “as is” and “as available,” except for express warranties or legal rights that cannot lawfully be excluded.
To the maximum extent permitted by applicable law, DownyHaven and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors shall not be liable for indirect, incidental, punitive, special or consequential damages arising from use of the Service or products purchased through the Service.
Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, our liability will be limited only to the extent permitted by applicable law.
SECTION 14 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless DownyHaven and its affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from claims arising from your breach of these Terms of Service, violation of applicable law, or infringement of third-party rights.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and any unenforceable portion will be deemed severed from these Terms without affecting the validity of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to termination will survive termination where applicable.
These Terms of Service remain effective unless and until terminated by either you or us. You may stop using the Services at any time.
If you fail, or we reasonably suspect that you have failed, to comply with these Terms, we may suspend or terminate access to the Services where permitted by applicable law.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, together with policies and operating rules posted on this site and incorporated by reference, constitute the agreement between you and us regarding your use of the Service and supersede prior or contemporaneous communications relating to the same subject matter.
Any ambiguities in the interpretation of these Terms shall not automatically be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable laws of the United States, subject to any mandatory consumer protection laws that apply to you.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our discretion, to update, change or replace portions of these Terms by posting updates or changes to our website.
Your continued use of or access to the website or Service after changes are posted constitutes acceptance of those changes to the extent permitted by applicable law.
SECTION 20 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
DownyHaven
1942 Broadway St. STE 314C
Boulder, Colorado 80302
United States
Email: hello@downyhaven.com
Phone: +1 (720) 756-6071