Terms

Thank you for visiting www.sainthaven.com, which is operated by Saint Haven, LLC ( "Saint Haven," “we”, “us”, or “our”). Please read these Terms of Use carefully. By using our website or our other social media platforms, including Facebook (collectively, the "Site"), and by accessing, using, downloading or posting any information and/or User Content (as defined herein) available from or through our Site (or attempting to do any of these), you agree to be bound by and comply with these Terms of Use, which include and incorporate our Privacy Policy, which is located here.

THESE TERMS OF USE GOVERNING YOUR USE OF THE SAINT HAVEN WEBSITE INCLUDE A BINDING ARBITRATION PROVISION SET FORTH BELOW WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.

Registration

We may require a Site user to register to use certain features of our Site, and may from time to time provide users with additional codes or passwords to access and use certain features of our Site. When you register to use such features of our Site, you must provide complete and accurate information. If a password is requested, you will choose a unique password and may not use any other person's password. You are responsible for maintaining the confidentiality of your password and may not allow any other person to access the Site using your password. You must notify us immediately if you become aware of any unauthorized use of your password. You agree to maintain your information and update it as appropriate. Your registration and password information are subject to our Privacy Policy, which is available here.

Content and Copyright, Trademark, and Related Issues

The contents of the Site, including information, text, images and graphics and all other material contained on the Site or features and functions made available on our Site (collectively, the "Content"), are for your personal informational purposes only. The Content is owned by Saint Haven or by our designers or other third parties who have licensed their rights in content to Saint Haven. You may view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors or other users and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws. You may not use Content in any way not expressly permitted by these Terms of Use and if you do, your right to use the Content will automatically terminate. The Content and the Site generally, are subject to change or termination without notice.

The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on our Site belong to Saint Haven or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms of Use, is strictly prohibited.   

Saint Haven will aggressively enforce its intellectual property rights to the fullest extent of the law. All rights not expressly granted herein are reserved.

Limited License For Personal And Non-Commercial Use Only

The Site is to be used solely for your personal, noncommercial, non-exclusive, non-assignable, and non-transferable use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you download, transmit, display, print or reproduce from the Site. You may not, nor allow any third party (whether or not for your benefit) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of Saint Haven or its affiliates. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.

You agree not to use this Site or its contents for any illegal or prohibited purpose, or in any manner that could damage, disable, overburden or impair the Site, Content or any of its servers, or interfere with any other party’s use of the Site or Content. You agree that you shall not attempt to gain any unauthorized access to the Site or Content, through Saint Haven's password mining, hacking or any other means, or harvest or otherwise collect information about others, including e-mail addresses. You further agree that you will not attempt to obtain any Content not intentionally made available to you at this Site. You shall not upload any files that contain Trojan horses, viruses, cancelbots, corrupted files, worms, or other programs or software that may damage or interrupt the websites, computers or software of Saint Haven or other users.

Intended Audience of Websites

Our website is not directed to children under the age of 13. As a result, our website does not request or knowingly collect personal data from individuals under the age of 13. If you are not 13 or older, you should not visit or use our website. If we learn that personally identifiable information of persons under 13 years of age has been collected on the Saint Haven website without verified parental consent, then Saint Haven will take appropriate steps to delete the information.

User Submissions

By submitting or otherwise exchanging communications or content to our Site, you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such User Content originated, and you (i) agree that such User Content will not be considered or treated as confidential, other than as pursuant to the levels of access designated for the Site to which you post such User Content; (ii) acknowledge and understand others may see, read, use or re-transmit such User Content, pursuant to the levels of access designated for the Site to which you post such User Content; (iii) explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and (iv) agree that Saint Haven is granted a royalty-free, perpetual, irrevocable, unrestricted, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content via the Site in any media or medium, or any form, format, or forum, now known or hereafter developed, pursuant to the privacy restrictions designated for such User Content.

The content you submit to a Site you have created or visit is governed by our Privacy Policy, located here.

You agree that you will not send, upload or transmit any communication or content of any type that:

is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable (in our sole discretion);
may harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
impersonates any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
includes forged headers or otherwise manipulates identifiers in order to disguise the origin of any Postings or other materials transmitted to or through our Site;
is not your own, or that you do not have a right to upload, post, e-mail, or otherwise transmit (such as insider information, proprietary and confidential information learned or disclosed as part of employment or confidential relationships);
infringes upon any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person or entity;
includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intentionally or unintentionally violates any applicable local, state, national, or international law;
"stalks" or otherwise harasses another user or employee of our Site; or
solicits, collects, or posts personal data or attempts to solicit, collect, or post personal data about other users of our Site, including user names or passwords; or accesses or attempts to access another user's account without his or her consent.

Monitoring or Removal of Submissions:

Saint Haven reserves the right to monitor all User Content and to remove any User Content for any reason, in its sole discretion.

Influencers’ And Endorsers’ Submission And Disclosure

Any person who is compensated in any way to be a spokesperson, endorser, or an influencer for or on behalf of Saint Haven shall abide by the Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Guides”) issued by the Federal Trade Commission (“FTC”) (16 CFR Part 255). Such persons are required to stay abreast of any new disclosure requirements promulgated by the FTC. Saint Haven may exercise its authority to edit or delete any content that may be put forth without notice if it deems that such content violates the Guides or the terms of this Terms of Use Agreement.

Linking / Third Party Links on Our Site

Our Site may contain links to the websites of other parties. Saint Haven is not responsible for such websites’ Terms of Use or Privacy Policies or how they may treat your information. Your use of third-party websites is at your own risk and subject to the Terms of Use and Privacy Policies of such sites.

Limitation of Liability

The use of the Site and Content is at your own risk and is provided "as is." Transmissions over the Internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.  

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, Saint Haven shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000.00, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.   

Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you. 

Indemnification

You agree to defend, indemnify, and hold Saint Haven, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

We are based in San Francisco, California, in the United States of America. We make no claims that the Site, any Content or User Content is appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Any terms or conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms of Use.

Copyright Violations  

Saint Haven respects the intellectual property rights of others. If you believe that content appearing on the Saint Haven Site has copied your work in a way that constitutes copyright infringement, please provide Saint Haven's Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is Saint Haven's policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are concerned about the removal of or blocked access to your content, please provide Saint Havens Copyright Agent with a “Counter-Notification.” The process specified below is consistent with that provided under the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).

DMCA NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

If you would like to submit a claim of copyright infringement, please substantiate each claim by sending Saint Havens registered Copyright Agent a Notification of Claimed Infringement at the email or mailing address below:

Copyright Agent

Saint Haven
hello@sainthaven.com

5432 Geary Blvd, Box 255
San Francisco, CA 94121

Detail of what an effective Notification of Alleged Infringement must include is available at the U.S. Copyright Office Website at http://www.copyright.gov.

DMCA COUNTER-NOTIFICATION

If you elect to submit a Counter-Notification, please send the Saint Haven registered Copyright Agent a Counter Notification at the email or mailing address below:

Copyright Agent

Saint Haven
hello@sainthaven.com

5432 Geary Blvd, Box 255
San Francisco, CA 94121

Detail of what an effective Counter-Notification must include is available at the U.S. Copyright Office Website at http://www.copyright.gov.

Law that Applies; Interpretation and Modification

You expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of San Francisco County, California USA to adjudicate and resolve any dispute with Saint Haven, its affiliates, subsidiaries, employees, contractors, officers, managers, members, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.  

These Terms of Use are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use , which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any time and although we will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our Site. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.  

Arbitration

SAINT HAVEN AND YOU AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS BETWEEN US. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before these or any prior Terms of Use were adopted; (iii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iv) claims that may arise after the termination of these Terms of Use. References to "SAINT HAVEN," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users of the Site or services under these Terms of Use or prior terms of use agreements between us. You agree, by entering into these Terms of Use, that you and Saint Haven each are waiving the right to a trial by jury or to participate in a class action. These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Use.

Opt Out

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE WHEN YOU FIRST ACCEPT THESE TERMS (the "Opt Out Deadline"). You may opt out of these arbitration procedures by emailing hello@sainthaven.com to request the opt out form. Any opt out received after the Opt Out Deadline will not be valid and you must pursue any claim in arbitration.

Notice of Disputes

For all disputes and claims, whether pursued in court or arbitration, you must first give ST. HAVEN an opportunity to resolve your dispute or claim by sending a written Notice of Dispute (the "Notice") to Saint Haven at the following address: 237 Kearny Street, Suite 234, San Francisco, CA 94108. The Notice must (a) describe the nature and basis of the dispute or claim and (b) set forth the specific relief sought (a "Demand"). If Saint Haven and you do not reach an agreement to resolve the dispute or claim within 30 days after Notice is received, you or Saint Haven may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Saint Haven or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Saint Haven is entitled.

The arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use and will be administered by the AAA. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator is bound by the terms of these Terms of Use. 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 of Use, including but not limited to, any claim that all or any part of these Terms of Use are void or voidable.

The payment of all AAA filing, administration and arbitrator fees for any arbitration initiated hereunder will be governed by the AAA Rules; provided, however that for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs. Except for claims under $75,000 determined to be frivolous, Saint Haven agrees not to seek an award of attorneys' fees in such arbitration proceedings even if an award is otherwise available under applicable law.

Unless Saint Haven and you agree otherwise, any arbitration hearings will take place in San Francisco County.

Class Action Waiver

YOU AND SAINT HAVEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ST. HAVEN agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.

Jury Trial Waiver

If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Complete Agreement  

These Terms of Use, including our Privacy Policy, constitute the entire agreement between you and Saint Haven regarding the Site and supersede any and all other terms, representations, promises or discussions. Only Saint Haven has the authority to agree to amendments to these Terms of Use, and to be considered binding, any amendments must be in writing and executed by ST. HAVEN.   

Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our “Contact Us” form or via U.S. mail to:

SAINT HAVEN

5432 Geary Blvd, Box 255

San Francisco, CA 94121

SAINT HAVEN MAY REVISE THESE TERMS OF USE BY UPDATING THIS POSTING.  

September 4, 2018

Contact us.

For more information, send an email to

privacy@sainthaven.com

Saint Haven LLC

5432 Geary Blvd, Box 255

San Francisco, CA 94121