This Agreement was last updated on January 22, 2018.
1. Use of Our Service.
The Service is a place that offers online resources and information on small leather goods and accessories that have been designed for and around women's work, and it also offers information that its audience may find informative, interesting, and inspirational. Harlen's small leather goods and accessories fall into a new subcategory of product that it has named "careerpieces," and the company strives to create careerpieces that resonate with its audience. The careerpieces are made exclusively in Italy, and the brand was inspired by those who lead lives of significance with style (each piece a "Product" and collectively, the "Products"). By enabling users to find, view, and learn about its Products, Harlen's goal is to generate interest, excitement, and enthusiasm for the Brand and its Products.
Harlen grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
Use of the Service is void where prohibited. This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use, or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. Harlen may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT FOR YOUR CHILD WHO IS 13 YEARS OF AGE OR OLDER TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO, THROUGH, AND IN CONNECTION WITH SUCH REGISTRATION AND USE.
3. Term and Termination. This Agreement shall remain in full force and effect while you use the Service. You may cease utilizing the Service at any time for any reason.
Harlen may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Harlen's sole determination, you violate any of terms of this Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service and/or attempting to purchase Products via the Service with an email address that is not rightfully yours.
a. Email Address. When you sign up to receive our newsletter, or if you elect to purchase a Product, you will also be asked to supply your email address. You agree that the email address you submit is your own, and you agree not to use the email address of another person at any time. You agree to notify Harlen immediately if you suspect any unauthorized use of your email address by Harlen. Although Harlen will not be liable for your losses caused by any unauthorized use of your email address, you shall be liable for the losses of Harlen or others due to such unauthorized use.
b. Communications and Notifications. By providing Harlen with your email address, you consent to our use of the email address to send you Service-related notices, including, among other things, notices required by law, in lieu of postal mail. We may also use your email address to send you other messages, including changes to Harlen features, marketing messages, and special offers. If you do not want to receive such email messages, you may opt out by clicking on the "unsubscribe" link at the bottom of the email or by sending mail to the following postal address:
Harlen - Customer Support
1112 Montana Avenue #330
Santa Monica, CA | 90403
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
5. Non-commercial Use. The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or expressly approved in writing by Harlen. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the Harlen servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Illegal and/or unauthorized use of the Harlen Service, including collecting and/or harvesting personally identifiable information, including usernames and/or email addresses of Users, by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the website is prohibited. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages. Appropriate legal action will be taken for any illegal or unauthorized use of the Harlen Service.
6. Billing and Payments.
a. General. You acknowledge that Harlen may charge a fee for the use of any Services, provided that Harlen notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you. User agrees to pay for all products ordered through the Website using the payment method indicated, and provides Harlen and its third party payment processor express authorization to charge said fees to the User's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of Harlen products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, Harlen may immediately cease to provide any and all Deliverables to the User.
When ordering a Product from our Service, you must provide accurate and complete information as requested in order for us to process your transaction. It is the User's responsibility to promptly provide Harlen with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made by contacting us at email@example.com. Harlen does not validate all credit card information required by the User's payment provider to secure payment.
Some orders may be charged, fulfilled, and processed by an authorized third party partner of Harlen, in which case any refunds, charge-backs, returns or product substitutions will be subject to the discretion and policies of such third party provider.
All sales are final, non-cancelable, and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion.
b. Prices. All prices specified on the Service are recommended retail prices. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.
c. Shipping. Any tangible property purchased through the Service will be shipped FOB Shipping Point. Title to such products purchased by you from the Service passes from Company (or, as applicable, from the Company's authorized third-party fulfillment provider) to you upon shipment. In the event you do not receive your order, please contact us by email at firstname.lastname@example.org, and Harlen will either: (i) re-send the Deliverables at no additional costs to you, (ii) provide you with store credit for the amount of your purchase plus free shipping, or (iii) fully refund your order cost.
d. Discrepancies. The User must notify Harlen about any billing problems or discrepancies within sixty (60) days after charges first appear on their account statement. If it is not brought to Harlen’s attention within 60 days, User agrees to waive their right to dispute such problems or discrepancies.
e. Taxes. User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the User's purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
f. Returns. Unless otherwise noted by the Company, Harlen offers complimentary shipping for returns of its Products. For a refund, Products must be returned and received by the Company in original and unused condition, with its dustbag and in its product box, within ninety (90) days of its delivery date. We strongly prefer that Products are returned in their original shipping box with the protective packaging. However, if you are unable to do so, please re-pack the Product in a way that is similarly protective.
i. Return Process. To simplify returns, Harlen includes a return shipping label with your Deliverables. To return that Product, affix the return shipping label to the shipping box. Please ensure that this label completely covers the original shipping label or else that any other shipping label(s) or mark(s) are completely obscured. Your return package can be dropped off at any FedEx location or given to a FedEx carrier. Please obtain a receipt from FedEx.
ii. Complimentary Return Shipping. Harlen offers complimentary returns on all U.S. orders when our return FedEx shipping is used. If you need a replacement return shipping label, please email us at email@example.com, and we will email a printable replacement to you.
iii. Other Shipping Methods. If you choose to use a different return method, please send the Products to: Harlen, 1112 Montana Avenue #330, Santa Monica, CA, 90403. Please insure Products appropriately to protect yourself in case of loss, and retain your tracking information in case the carrier fails to deliver the package to us. We do not reimburse for other shipping methods.
iv. Condition of Items. Your return will be processed after we have received your return of the qualifying Product. Products received in original condition, and with the Harlen product box and dustbag, are eligible for a full refund. Products returned to us that exhibit any obvious signs of use or are not in original condition are not eligible for a refund.
v. Inspection. All merchandise must be inspected by you upon delivery. In the event your order arrives damaged, please contact us via e-mail at firstname.lastname@example.org. The Company, per your request, will re-send the merchandise to you at no charge, provide you with store credit for a future purchase, or refund the amount charged to your credit card.
vi. Incorrect Merchandise. Contact us via e-mail at email@example.com if you received an item different than what was described on the website or different than what you ordered.
g. Exchanges. Harlen does not accept exchanges. Please return the Product(s) that you no longer wish to own and then purchase the item(s) that you wish to own instead.
h. Our Commitment. We stand behind the craftsmanship of every Harlen, and we want our clients to love their pieces. If, at any time, concerns about your Harlen arise, please let us know by contacting us at firstname.lastname@example.org. We are committed to resolving them.
7. License Grant. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Harlen reserves all rights not expressly granted herein in the Service and the Content (as defined below). Harlen may terminate this license at any time for any reason or no reason.
8. Our Proprietary Rights.
a. Intellectual Property Rights. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
b. Content. Except for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Harlen and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
c. Ideas and Comments. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Harlen under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Harlen does not waive any rights to use similar or related ideas previously known to Harlen, or developed by its employees, or obtained from sources other than you.
9. User Content and User Content Responsibility.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined above), rights of publicity and privacy. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
b. Responsibility for User Content. Harlen takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. In the event that you elect to download User Content, Harlen recommends that you only download or access files from a trusted source and implement security measures to scan downloaded files for contaminants. Harlen disclaims any responsibility or liability relating to your access to or downloading of User Content. Harlen is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Harlen shall not be liable for any damages you allege to incur as a result of such User Content.
10. Additional Representations and Warranties. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. You are at least 18 years of age, or, if you are under 18 years of age, you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
b. Your User Content and Harlen’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
11. DMCA Copyright Policy. You may not post, modify, distribute, or reproduce in any way, any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Harlen to terminate Service privileges of any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Harlen by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Harlen Service in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Harlen Service; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please provide this information to:
Harlen – Copyright Notices
1112 Montana Avenue #330
Santa Monica, CA | 90403
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Harlen and its affiliates that you believe that your copyrighted material has been infringed. The preceding requirements are intended to comply with Harlen's rights and obligations under the Digital Millennium Copyright Act ("DMCA"), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Harlen has adopted a policy of terminating, in appropriate circumstances and at Harlen's sole discretion, users who are deemed to be repeat infringers. Harlen may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any users or the ability of such users to purchase Products or otherwise use its website who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12. Mobile Use.
Though you may access the Service via a mobile device, Harlen shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control, including (without limitation) any technical problems beyond the control of Harlen, such as (for example) defects, congestion, or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
Harlen has implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
15. Third-Party Websites, Advertisers or Services.
Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Harlen shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify, and hold harmless Harlen and its subsidiaries, agents, and other affiliated companies, and the employees, contractors, agents, officers and directors of each, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
17. No Warranty.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HARLEN, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
HARLEN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HARLEN SERVICE AND HARLEN WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
18. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HARLEN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ITS LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. HARLEN IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL HARLEN BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARLEN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, INCLUDING VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE SERVICE, OR OTHERWISE IN CONNECTION WITH THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL HARLEN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO HARLEN HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HARLEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
PLEASE READ THIS SECTION CAREFULLY. IT INCLUDES A MANDATORY ARBITRATION PROVISION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS SECTION ALSO INCLUDES A JURY WAIVER.
You and Harlen agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, the Products, any breach, enforcement, or termination of these Terms, or otherwise relating to Harlen in any way (collectively, "Covered Matters") will be resolved in accordance with the provisions set forth in this Section 20.
a. Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at email@example.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
b. Applicable Law. United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of California, without regard to conflict of laws principles, will govern all Covered Matters.
c. Arbitration. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules, arbitration proceedings, and this agreement to arbitrate. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
d. Award. For matters where the relief sought is over $5,000, the arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Harlen user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
e. Exceptions. There are only two exceptions to this arbitration agreement:
1. First, if we reasonably believe that you have in any manner infringed upon or violated or threatened to violate or infringe any of Harlen’s Intellectual Property Rights, privacy rights, publicity rights, or data security, in which case you acknowledge that there may be no adequate remedy at law and we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
2. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Los Angeles County, California, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
f. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, Harlen will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Harlen is relieved of its obligation to reimburse you for any fees associated with the arbitration.
h. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Harlen must be resolved exclusively by a state, federal, or small claims court located in Los Angeles County, California. You and Harlen agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
i. Opt-Out. IF YOU ARE A NEW HARLEN USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@HARLENCOLLECTION.COM ("OPT-OUT NOTICE") OR VIA US MAIL TO: Harlen, 1112 Montana Avenue #330, Santa Monica CA 90403. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW HARLEN USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
l. STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICE, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
20. Availability and Use Outside of the United States.
The Service is controlled and operated from facilities in the United States. Harlen makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals located in the United States. Notwithstanding the foregoing, Harlen retains all rights, including all Intellectual Property Rights, to the Service and the Content therein, throughout the world.
21. Notification Procedures.
Harlen may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Harlen in our sole discretion. Harlen reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
22. Notice to California Users.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
"Harlen" and other Service graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of this blue lawn llc. Harlen's trademarks and trade dress may not be used in connection with any product or service that is not Harlen's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Harlen. All other trademarks not owned by Harlen that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Harlen.
a. Entire Agreement. This Agreement, together with any other legal notices and agreements published by Harlen via the Service, shall constitute the entire agreement between you and Harlen concerning the Service.
b. No Waiver. Harlen’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
c. Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
d. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Harlen without restriction.
e. Severability. If any provision of this Agreement is unlawful, void, or unenforceable by a court of competent jurisdiction, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding this Agreement, please contact us at firstname.lastname@example.org.