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Terms of serviceUpdated 4 months ago

Please read these terms of use carefully before using our website or services.

Please read these terms of use carefully before using our website or services.

Last revised February 11, 2024.

These terms of use (“Terms”) apply to your access to and use of the website found at https://ahava.com including any of its subdomains, affiliated websites and mobile applications, as applicable (collectively, the “Site”) and any product, service or feature provided by us or through the Site (collectively, the “Services”), all of which are owned and operated by AHAVA NA LLC either directly or through one of its subsidiaries ("Company", “we”, or “us”).

Our Privacy Policy as well as our Shipping & Returns Policy are incorporated into and form an integral part of these Terms, and each forms a legally binding agreement between you and us. By accessing the Site, using the Services, or clicking “I accept” or any similar button, you agree to the Terms, Privacy Policy, and Shipping & Returns Policy. If you do not agree to any of the above, you should exit our Site and not use the Services.

Use of and access to the Site is void where prohibited by law. By using the Site, you represent and warrant that you are 18 years of age or older, and that your use of the Site does not violate any applicable law or regulation.

The services; restrictions on use

We grant you a personal, non-transferable, non-exclusive, revocable, limited license to use Site and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.

Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:

  • License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services, our Site, or any content made available through our Site or the Services.
  • Modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services.
  • Access the Services or any content made available through our Site in order to build a similar or competing website, product, or service, unless otherwise agreed or licensed by us.
  • Reproduce, duplicate, copy or re-sell any part of our Site or Services, unless otherwise agreed by us pursuant to a licensing agreement.

Without derogation from any other restrictions on your use of the Site and Services contained herein or elsewhere in these Terms, you may only use the Site and Services for lawful purposes, and you will not:

  • Use the Services in any way which breaches any applicable local, national or international law or regulation, or in any way that is unlawful or fraudulent.
  • Attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services).
  • Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • Act in any manner that could interfere with, damage, disrupt, or negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner.
  • You may not use this Site (including any webpage and/or data that passes through our web domain), domain names, URLs, databases, functions or its content other than for private, non-commercial purposes.
  • The use of any automated system, software, or manual process, whether operated by a third party or otherwise, to extract any data from this Site for commercial purposes (“scraping”) is strictly prohibited.
  • Act in any way which would infringe ours or any person or entity's intellectual property or any other proprietary rights.
  • Any attempt to harvest, collect, gather or assemble information or data regarding the Site, the Services, the Content or any other user of the Services.

We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

Subscribing to our newsletter

As part of our Services, you may subscribe to our newsletter for free. Where you do, you agree that we may use your preferences to send you selected promotional material from us and our partners based on those preferences. For further details on how we use your personal data, please see our Privacy Policy.

Our content

The Site and the Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”).

We are the owner or the licensee of all intellectual property rights in our site, the material published on it and the Content. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of Content on our site must always be acknowledged. You must not use any part of the Content on our site for commercial purposes without obtaining a license to do so from us, or our licensors, as applicable.

The Content on our site is not intended to serve a dermatological (or any other medical field), legal or professional advice on which you should rely, and should not be treated as such. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete or up to date. Certain details of the Content, such as prices and special offers, are dynamic and subject to change at any time.

Reviews and user content

The Site and Services also contain User Content, namely, reviews of our products. If you provide, upload or publish User Content on the Site, you must strictly abide with these User Content terms (without derogation from any other requirements set out in these Terms). In these Terms, “User Content” means any material uploaded or submitted by a user, in whatever format, including text, photos, images, animations, graphics, logos, designs, links, audio, music and video files, via any of the Site’s features, including its comment sections, brand or product reviews and comparisons, or any other service or feature of similar functionality.

License Grant

When you create, publish, post, upload or contribute User Content to our Site, you agree to grant Company an irrevocable, non-exclusive, worldwide, transferable, perpetual, royalty-free, sub-licensable license to:

  • Use, copy, store, publish, display, broadcast, make publicly available, exploit, link, distribute, reproduce, download, translate, abridge, amend, modify, adapt, create derivative works of and otherwise use the User Content, and to allow Company to sub-license others to do so, for the purpose of providing, publishing, embedding, distributing or promoting the Site (including for any advertising or commercial purposes related thereto). You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to User Content; and
  • Incorporate advertising material or sponsored content, inside or adjacent to the User Content, as well as publishing, distributing or promoting User Content, on any media channels and in any format (including by third parties) Company deems fit, without any obligation to compensate you; and

The license detailed in this section shall remain in full force and effect for perpetuity, regardless of the termination of your Services account or your use of the Site (including if you decided to delete your User Content), for any reason whatsoever.

You may not, under any circumstances:

  • Post User Content that is abusive, threatening, obscene, defamatory, or libelous; is racially, sexually, religiously, or otherwise contains nudity, objectionable or offensive; promotes or incites violence; violates any applicable law or regulation.
  • Post User Content that infringes or violates someone else’s intellectual property or other proprietary rights, or that discloses, aids or facilitates the disclosure of someone else’s confidential information.
  • Post User Content or a link to content containing malicious or harmful material, including without limitation viruses, malware, or spyware.
  • Harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including without limitation the Company or its employees.
  • Impersonate any person, including without limitation another user or a Company employee.
  • Post User Content that involves any advertising materials, sponsorship, or promotions, of any kind, absent our prior explicit written agreement.

When you create, upload or contribute User Content to the Site, you represent to us that:

  • Your User Content must be truthful, honest and based on your true experience with our products or Services.
  • You are solely responsible for the User Content, and assume all risks associated with it, including any person’s reliance on its accuracy or claims that might stem from such User Content, as well as any liability, cost, expense or loss to Company or to any third party resulting from such User Content.
  • You understand that we are under no obligation and do not guarantee that the User Content will be displayed or promoted on our Site.
  • You are solely responsible for creating back-ups of your User Content, and we shall not be responsible or liable in any way for the failure to preserve your User Content.
  • You have obtained all rights (including intellectual property rights) and approvals, necessary to grant Company the license provided herein in connection with the User Content, and that your use of the User Content doesn’t conflict with any permits or licenses you may have granted to others.
  • You agree to indemnify and hold Company or anyone on its behalf (including its and its subsidiaries’ shareholders, directors, officers, employees, service providers, partners and agents) harmless from any liability, cost, damage and expense (including reasonable legal fees) caused or resulting from the User Content.

Intellectual property

The Company owns (or has valid authorizations or licenses required for) the Site, as well as the materials provided on the Site (including, without limitation, the Services), including all worldwide intellectual property rights in the Site and the Services, and the trademarks, service marks, and logos contained therein (subject to such trademarks, service marks, and logos which are expressly denoted as belonging to third parties). All rights in the same and all rights not expressly granted hereunder are reserved by the Company to the fullest extent under any applicable law. In addition, we will own any intellectual property in respect of features or functionalities of the Services that are based on your suggestions, improvements or feedback.

You hereby grant us a license to use the data inputted by you or any Authorized Users for the purpose of using the Services or facilitating the use of the Services (“Customer Data”) to enable us to provide the Services.

Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sublicense, decipher, decompile, reverse engineer, translate, port, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Site, the Services, any content appearing on the Site, or any material that is subject to our proprietary rights.  You may not use any of the foregoing to create any software or service similar to the Site or Services.

You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site or the Services.  All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of the Company or any third party.

You may not or attempt to (a) circumvent, disable, or otherwise interfere with security-related features of the Site or Services or features that prevent or restrict use or copying of any content; (b) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Service; or (c) harvest, collect or mine information about users of the Site or Services.

Breach of our terms

We take all breaches of our Terms seriously and if we do consider that a breach of these Terms has occurred, we may take such action as we deem appropriate, which may extend to any one or all of the following:

  • The immediate, suspension or permanent removal of your right to use our Site and Services;
  • Issuing a warning to you;
  • Legal action against you, which may extend to legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of our Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Order cancellation policy

All orders are automatically processed on our secure merchant processor and sent for shipment as soon as they are placed. During this process we incur irreversible fees. Therefore, while we understand that orders might need to be changed sometimes, we are unable to do it free of charge after a certain point.

We strictly adhere to the following cancellation policy:

  • You may cancel your order within 1 hour of placing your order, during 9am-4 pm EST business hours.
  • If canceled outside of our normal business hours, we will respond to your request on the next business day.
  • Upon canceling you will receive a full refund to your original form of payment within 3-4 business days.
  • If you cancel your order after it has been shipped, please follow our Return Policies & Procedures. The cancellation will have to be treated as a Return with all applicable fees.

Disclaimers & disclaimer of warranty

No representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of our site or services. Your use of the site or services is at your sole discretion, and reliance on any information derived therefrom is at your own risk. You are solely responsible for any damage and/or data loss that may result from your use of the site or the services. The site and services are provided on an "as-is" and "as available" basis without warranties of any kind from the company. The information contained in these terms on the site is provided for general information only.

The company expressly disclaims all warranties of any kind, whether express, implied, or statutory, relating to the site or services, including without limitation the warranties of title, merchantability, fitness for a particular purpose or your purposes, or non-infringement. The company disclaims any warranties, express or implied, regarding the security, accuracy, reliability, timeliness, and performance of the site or services. The company also disclaims any warranties that the site will be error-free, including free from any viruses or other vulnerabilities, or that any errors will be corrected. Furthermore, the company disclaims warranties regarding the performance, accuracy, quality, currency, completeness, or usefulness of any information or services provided by the site.

We are not responsible for any delays, delivery failures, technical malfunctions, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, telephone, or cellular phone network or lines, computer online systems, servers, or providers. You acknowledge that the services may be subject to limitations, delays, and other problems inherent in the use of such communication facilities. We are also not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers, or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the internet or on the site. This includes any injury or damage to users or to any person's mobile device or computer related to or resulting from the usage of the site or the services.

The company makes no commitment to update the site.

Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of liability

In no event shall the company or any of its officers, directors, employees, representatives, or agents be liable to you for any damages whatsoever, including without limitation indirect, incidental, special, punitive, and/or consequential damages. This includes loss of profits, loss of business, depletion of goodwill, loss or corruption of data or information, pure economic loss, or similar losses arising out of or in connection with your use of the site, the services, or any content included on the site. This applies even if the damages are foreseeable and whether or not the company has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in each applicable jurisdiction. You hereby waive your rights to any claims against us arising from or relating to your use of the services. This includes claims in existence now or coming into existence in the future. In the event that the foregoing is unenforceable under applicable law or a court determines that it is unenforceable, our total aggregate liability shall be limited to $100 US.

Under no circumstances shall the company be responsible for any loss or damage, including personal injury or death, resulting from the use of the site or from any content posted on or through the site.

You assume sole responsibility for the information inputted by you on the site or in connection with your use of the services and any settings you define. We shall have no liability for any damage caused by errors or omissions in any information or instructions provided to us on the site or in respect of the services by you, or any actions taken by us at your direction.

We shall have no liability towards you in respect of any actions taken by you based on any results obtained from your use of the services. It is solely your responsibility to use the services in accordance with applicable law.

You hereby release us from any damages, claims, or other causes of action related in any way, directly or indirectly, to the site or the services.

Any cause of action against the company must be brought within one (1) year of the date such cause of action arose.

Indemnity

You shall defend, indemnify, and hold harmless the Company, its affiliates and each of their employees, contractors, directors, officers, suppliers, agents, service providers and representatives from all liabilities, losses, claims, and expenses (including without limitation to reasonable attorney’s fees), including, but not limited to, any third party claims brought by the your employees, that arise from or relate to (a) Customer Data or User Content, (b) your access, use or misuse of the Site and Services, (c) your violation of these Terms or any applicable law, contract, policy, regulation or other obligation, (d) your negligence, intentional misconduct, or fraud.  The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with the Company in connection therewith.

Changes to the site or services

We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, in whole or in party, the Site or any of the Services (including modifications to subscription packages, which if made during the term of an existing subscription, shall take effect upon the renewal of such subscription), without notice, at any time.  You agree that your continued use of the Site and Services following such modifications constitutes your acceptance of such modifications.  

Links

Portions of the Site involve linking to web sites belonging to third parties. The Site may also provide you with links to access the websites of third party vendors or retailers. We have no control over third-party sites, and all use of third-party sites is at your own risk.  Additionally, the Company cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites.  The Company is not responsible for content available by means of such sites.  The Company does not endorse any products offered by third parties and we urge our users to exercise caution in using third-party sites.

Governing law and miscellaneous

In the event that any provision of these Terms is held to be invalid or unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect.

Nothing in these Terms creates any agency, employment, joint venture, partnership or other relationship not herein specifically and explicitly agreed between you and the Company or authorizes you to act on behalf of the Company.  

We may assign our rights and obligations hereunder to any third party without prior notice.  You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void.

Our rights hereunder will survive any termination or expiration of these Terms.

Failure by us to enforce any provision of these Terms will not be considered a waiver of the right to enforce such provision. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

These Terms do not confer any rights on any person or party other than the parties to these Terms. There are no third-party beneficiaries to these Terms.

Unless a specific agreement is signed by you and us, these Terms constitute the entire and only agreement between you and us, and supersede all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter hereof.  In any case that a specific agreement is signed by you and we, its provisions shall supersede the provisions of these Terms.

These Terms shall be governed by, and interpreted in accordance with the law of the State of Israel exclusive of its choice of law rules. Any action to be brought in connection with these Terms, the Site or the Services shall be brought exclusively in the courts of Tel-Aviv and you irrevocably consent to their jurisdiction; provided that we may seek equitable relief in any jurisdiction as we deem appropriate. We each waive any right to a jury trial.  Your conduct may also be subject to other local, state, and national laws.

SMS Marketing

By consenting to AHAVA’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at https://www.ahava.com/pages/contact  or email us at [email protected] for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy https://www.ahava.com/pages/privacy-policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing AHAVA  products or services, you agree that any controversy, claim, action, or dispute between you and AHAVA  arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of AHAVA ’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in New York, NY, USA , but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the NY , without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of AHAVA’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 330 7th Ave, New York, NY 10001 . Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with AHAVA . You are responsible for ensuring AHAVA ’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and AHAVA agree that you may bring or participate in Claims against AHAVA  only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and AHAVA agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

 



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