Terms & Conditions

Terms & Conditions

 

This website is operated by HALOTOPIA. Throughout the site, the terms, "we", "us" and "our" refer to HALOTOPIA. HALOTOPIA 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. Please review the following terms and conditions (“Terms of Use”) that govern your use and purchase of products (collectively, “Use”) of our Site. Your Use of our Site constitutes your agreement to follow and be bound by the Terms of Use.

 

You should also read the Halotopia Privacy Policy, which is incorporated by reference into this Agreement and is available on the website. By accessing or using any part of the site, you accept and agree to be bound by these Terms & Conditions. If you do not accept and agree to be bound by ALL of the terms of this Agreement, including the Halotopia Privacy Policy, then you may not access the website or use any services on this site.

 

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of access to the website following posting of any changes constitutes acceptance of these changes.

 

Our store is hosted by Shopify Inc.. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

Site Contents

Unless otherwise noted, the design of the Site, the Site as a whole and all materials that are part of the Site (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Halotopia, LLC (“Halotopia”). Any use of the Contents without Halotopia’s express written consent is strictly prohibited.

 

Comments, Feedback and Other Submissions

We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Halotopia using this Site or otherwise (collectively, “Comments”) are not confidential and will become and remain property of Halotopia. The disclosure, submission or offer of any Comments will constitute an assignment to Halotopia of all worldwide rights, title and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

 

The Contents are intended solely for your personal, noncommercial use. Music may not be copied. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents of the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in civil and criminal penalties.

 

Online Store Terms

By agreeing to these Terms & Conditions, 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 providence 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 will result in an immediate termination of your Services.

 

Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. HALOTOPIA DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HALOTOPIA DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH HALOTOPIA ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. HALOTOPIA SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. HALOTOPIA SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF HALOTOPIA’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HALOTOPIA, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND DISTRIBUTORS, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN CERTAIN JURISDICTIONS WHERE PROHIBITED BY LAW.

 

Disputes

We are happy to address any of your concerns by contacting us by email at customercare@halotopia.com if a representative is unavailable please leave a message and we will return your call promptly. If you have any questions or concerns regarding how Halotopia manages, accesses or uses your personal information, please write us at HALOTOPIA, LLC. 4521 PGA Boulevard #180 Palm Beach Gardens, Florida 33418, or you may email or call us at the email address and phone number listed above.

 

In the event that we are unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services purchased from Halotopia through our Site, will be resolved entirely through binding individual arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Use as a court would.

 

The arbitration shall be conducted in Palm Beach County, Florida in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (the “Rules”) existing on the date thereof.  The dispute shall be submitted to a single arbitrator who is listed on the commercial panel of the American Arbitration Association.  The written decision of the arbitrator shall be binding, final and conclusive upon the parties involved, and judgment may be entered on any such decision in any federal or state court having jurisdiction.  The arbitrator shall issue a simple Award.   Each party shall bear its own costs, attorneys’ fees, and other expense of the arbitration, with the fees of the arbitrator to be apportioned one half to you and one half to the Company.   Class action lawsuits, class wide arbitrations, private attorney-general actions and/or any other proceedings where someone acts in a representative capacity are not allowed.  The arbitration shall be confidential and no party, including the arbitrators, shall disclose any matter that arises in connection with the arbitration, or during any arbitration proceeding.   The arbitration shall be conducted in English.  The arbitrator shall have at least ten (10) years of experience as an arbitrator and shall have sufficient experience in arbitrating the claims brought by the party filing the claim in arbitration.  All arbitration proceedings shall be concluded within ninety (90) days of the filing date of the arbitration.  The arbitrator is not authorized to award punitive damages or other damages not measured by the prevailing party’s actual damages. 

 

Due to the expedited nature of arbitration and the agreement between you and the Company contained herein to arbitrate all disputes, discovery shall be limited in the arbitration as follows:

 

The arbitrator shall require exchange by the parties of (i) the name and, if known, address and telephone number of each person likely to have knowledge of relevant information, identifying the subjects of the information, and (ii) non-privileged documents, including those in electronic form, that are relevant to the issues raised by any claim, defense or counterclaim or on which the producing party may rely in support of or in opposition to any claim, defense or counterclaim. The arbitrator shall limit such production based on considerations of unreasonable expense, duplication and undue burden. These exchanges shall occur no later than a specified date within 60 days following the appointment of the arbitrator

At the request of a party, the arbitrator may at his or her discretion order the deposition of witnesses. Depositions shall be limited to a maximum of two depositions per party, each for a maximum of four hours duration, unless the arbitrator otherwise determines. 

All discovery shall be completed within 60 days following the appointment of the arbitrator.

YOU HEREBY WARRANT TO THE COMPANY AS FOLLOWS REGARDING YOUR AGREEMENT TO ARBITRATE:

 

(A) ARBITRATION IS FINAL AND BINDING ON THE PARTIES.

 

(B) THE PARTIES ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO JURY TRIAL.

 

(C) PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN, AND DIFFERENT FROM, COURT PROCEEDINGS. 

 

(D) THE ARBITRATOR’S AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING AND ANY PARTY’S RIGHT TO APPEAL OR TO SEEK MODIFICATION OF RULINGS BY THE ARBITRATORS IS STRICTLY LIMITED.

 

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, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR HALOTOPIA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

 

Applicable Law

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Florida, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida.

 

Links to Other Websites and Services

Certain content, products and services on this Site available via our Service may include materials and links to other Internet sites maintained by third parties (“Linked Sites”). Third-party links on this site may direct you to third-party websites that are not affiliated with us. Halotopia provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Halotopia of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Halotopia Site. Linked Sites are not under the control of Halotopia and Halotopia is not responsible for the contents or your use of any Linked Site. We are not responsible for examining the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

Merchandise Availability

Merchandise availability on our Site is not guaranteed as it may be low in stock, sold out or discontinued. If merchandise is not available by the time your order processes, we will notify you of this via email. You can always verify availability by contacting us at customercare@halotopia.com. You will receive a shipping confirmation email once your items have shipped.

 

Product Information

The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated. 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 at any time. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.

Please note that while Halotopia tries to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Certain products or service may be available exclusively online through the website. These products or services may have limited quantities and are subject to return according only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that that the quality of any product, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

General Conditions & Denial of Access

We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel the an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

These Terms of Use constitute an agreement that is effective unless and until terminated by Halotopia. If in Halotopia’s sole discretion you fail to comply with any term or provision of this agreement, Halotopia may deny you access to the Site. In the event of denial of access by Halotopia, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and Halotopia relating to the subject matter addressed herein.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always 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, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Site Policies, Modification and Severability

Please review our other policies posted on this Site. These policies also govern your use of Halotopia’s services and products. We reserve the right to make changes to our site, policies and these Terms of Use at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Effective Date 8/23/2017