Terms of service

IMPORTANT — PLEASE READ CAREFULLY. THESE TERMS OF SERVICE AND CONDITIONS OF SALE (“TERMS”) CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, A TIME LIMIT ON CLAIMS, AND A MANDATORY ARBITRATION PROVISION WITH A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO A COURT HEARING, A JURY TRIAL, AND PARTICIPATION IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 24 OR IF YOU OPT OUT AS DESCRIBED IN SECTION 24. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY FOR YOUR RECORDS.

Overview

This website, gethaverly.com (the “Site”), is operated by Haverly (“Haverly,” “we,” “us,” or “our”). By accessing or using the Site, or by placing an order through the Site, you agree to be bound by these Terms, including the policies referenced here and available by hyperlink (including our Privacy Policy, Refund Policy, Shipping Policy, Cancellation Policy, and Subscription & Cancellation Policy, each incorporated into these Terms by reference). If you do not agree to these Terms in their entirety, you are not authorized to use the Site in any manner.

You may not order or obtain products from this Site if you (a) do not agree to these Terms, (b) are not at least 18 years of age or the age of majority in your jurisdiction (whichever is older), or (c) are prohibited from accessing or using this Site or its contents, goods, or services by applicable law.

We reserve the right to update, change, or replace any part of these Terms at any time, in our sole discretion, by posting updates to the Site. The latest version will always be posted on this page. It is your responsibility to check this page periodically. YOUR CONTINUED USE OF OR ACCESS TO THE SITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

Section 1 — Products for Personal Use Only

You represent and warrant that products you purchase from Haverly are for your own personal or household use only, and not for resale, redistribution, or export. Resale of our products outside of authorized channels can result in the product becoming materially different — including through improper storage or handling — which may affect safety, efficacy, and our ability to honor guarantees. We reserve the right to limit quantities, and to limit, cancel, or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors, including orders placed under the same name, email address, payment card, or billing/shipping address.

Section 2 — Health Disclaimers; No Medical Advice

The statements made on this Site, on our product labels, and in our advertising and marketing materials have not been evaluated by the Food and Drug Administration. Our products are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease.

All content on the Site and in our materials is provided for general informational purposes only. It is not medical advice and is not a substitute for the advice, diagnosis, or treatment of a qualified healthcare provider, and no doctor–patient relationship is created by your use of the Site. Never disregard professional medical advice, or delay seeking it, because of something you have read in our materials, and do not stop, start, or change the dose of any medication based on our content. Consult your physician before beginning any dietary supplement, particularly if you are pregnant or nursing, are under 18, take prescription or over-the-counter medication, or have a known or suspected medical condition. By purchasing, you acknowledge that you are solely responsible for determining, together with your healthcare provider, whether a product is appropriate for you. Nothing about our products is intended to replace, modify, or interact with any treatment plan prescribed by your healthcare provider. If you experience an adverse reaction, discontinue use immediately and consult a healthcare professional. Keep out of reach of children; do not use if the seal is broken or missing.

Haverly does not make any guarantee that you will accomplish your health and wellness goals. Your results may vary depending upon a variety of factors unique to you, such as your age, health, lifestyle, diet, consistency of use, and genetics. Timelines described in our materials reflect the design of the formulation and commonly reported experiences; they are not a promise of results in any timeframe, or of any results at all. Testimonials, reviews, and customer stories reflect the experiences of individual customers, are their opinions alone, are not clinical evidence, and do not represent the generally expected user experience; some may be edited for length or clarity. Survey statistics cited in our materials are self-reported by customers who chose to respond and are not the results of controlled clinical studies of our finished product. References to clinical trials and scientific literature relate to the individual ingredients in our formulations, at the doses stated, and not to the finished product itself unless expressly stated otherwise.

Section 3 — Site Information; Errors

The Site may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order. We have made every effort to display product colors and images accurately, but we cannot guarantee your screen’s display will be accurate. The Site may contain historical information, which is provided for reference only; we have no obligation to update any information except as required by law.

Section 4 — Order Placement, Acceptance, and Cancellation

Your order is an offer to buy the products listed in your order, under these Terms. All orders must be accepted by us, and we may choose not to accept any order in our sole discretion. Your electronic order confirmation does not by itself signify our acceptance of your order; acceptance of your order and the formation of a contract of sale occur only when we have accepted and dispatched your order. We reserve the right to accept or refuse any order or to refuse service to anyone, for any reason, at any time — including customers with a history of payment disputes or policy abuse. In the event we cancel or refuse an order, amounts already charged will be refunded to the original form of payment, and you agree that we will not be liable for any losses or damages resulting from such refusal. We may require additional verification or information before accepting any order.

Because orders enter our fulfillment pipeline quickly, customer-initiated cancellations are subject to the terms of our Cancellation Policy, including the cancellation window and a cancellation fee of $4.95 deducted from the refund. Orders cannot be cancelled once they have been dispatched; our Refund Policy applies instead.

Section 5 — Prices and Payment

All prices posted on the Site are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Price increases apply only to orders placed after the change. Posted prices do not include taxes or shipping and handling charges, which are itemized in your cart and order confirmation. Promotional pricing, discounts, and bundle offers may be modified or withdrawn at any time and are void where prohibited. Unless expressly stated, promotional codes cannot be combined or stacked, are limited to one per customer and per order, and have no cash value. We reserve the right to cancel orders that exploit pricing errors, abuse promotional codes or referral programs (including self-referral), or otherwise game an offer.

By submitting payment information, you represent and agree that: (i) you are fully authorized to use the card or account provided; (ii) all payment information you provide is complete and accurate; (iii) you are responsible for any payment card fees; and (iv) sufficient funds exist to pay the amounts due. We and our third-party payment service providers may request and receive updated card information from your card issuer, such as updated card numbers and expiration dates, and will update your account accordingly; if you wish to opt out of your card’s updater service, contact your card issuer. We are not responsible for fees or charges applied by your bank or card issuer.

Section 6 — Subscriptions and Automatic Renewals

If you purchase a product on a subscription basis, you will be charged automatically on a recurring basis at the frequency you selected at checkout, at the amount shown at checkout (which may include applicable taxes and shipping), until you cancel. YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL. IF YOU DO NOT CANCEL AT LEAST 48 HOURS BEFORE YOUR NEXT SCHEDULED BILLING DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER PERIOD AND PAYMENT WILL BE PROCESSED AUTOMATICALLY. You may cancel at any time through your customer account on the Site or by emailing hello@gethaverly.com. Cancellation requests received less than 48 hours before the next scheduled billing date may take effect for the following billing cycle.

Subscription pricing reflects a discount from standard one-time pricing, provided in consideration of an ongoing subscription. If you cancel your subscription after receiving only the first discounted order, we reserve the right to adjust that order to standard one-time pricing and to charge the price differential to your payment method; this adjustment may be waived at our discretion depending on the circumstances. Discounts applied to an initial subscription order may not carry over to renewal orders unless otherwise stated, and we may change the renewal price of a subscription with at least 15 days’ prior email notice — your continued subscription after the effective date constitutes acceptance of the new price. The pricing adjustment does not apply to any order that has been refunded under the 90-Day Money-Back Guarantee or our Refund Policy. If a payment fails, we may retry the charge or suspend the subscription until valid payment information is provided. We may refuse to renew any subscription in our sole discretion. Full terms, including pause, skip, and modification rights, are set out in our Subscription & Cancellation Policy.

Section 7 — Shipping; Delivery; Title and Risk of Loss

We fulfill orders through an international network of fulfillment partners and facilities; origin and routing vary by product and destination. You will pay the shipping and handling charges specified during checkout. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed; we are not liable for delays in shipment or delivery, including delays caused by carriers, customs processing, weather, or other circumstances beyond our reasonable control. Any customs duties, import taxes, or brokerage fees are the customer’s responsibility and are non-refundable. An accurate shipping address and contact details are required; we are not responsible for late, missing, or undeliverable shipments resulting from address information you entered incorrectly. Because events at your delivery address are beyond our control, you agree that delivery confirmation provided by the carrier is deemed sufficient proof of delivery to you, even without a signature. Additional terms are set out in our Shipping Policy.

Section 8 — 90-Day Money-Back Guarantee

Every first order is covered by our 90-Day Money-Back Guarantee, subject to all of the following conditions, which together govern all guarantee claims:

(a) Scope. The guarantee covers the first purchase of a Haverly product by a customer or household, purchased directly from gethaverly.com, and covers the product price of that first qualifying order (including multi-pouch bundles purchased in that order). It does not cover shipping and handling charges; second or subsequent orders; subscription renewal charges; purchases from any other website, store, or marketplace; or orders identified as placed by resellers. If you claim a refund under the guarantee and later repurchase, the guarantee will not apply to any future order.

(b) Evaluation requirement. Because the formula is designed to work over weeks, not days, dissatisfaction claims require that you have used the product as directed for at least thirty (30) consecutive days. When you submit a claim, you will be asked to confirm in writing: the date you began taking the product, that you took it daily as directed for at least 30 consecutive days, and a brief description of your experience. Claims submitted without this confirmation, or where the order and delivery dates make a 30-day trial impossible, will not be approved. We may ask reasonable follow-up questions before approving a claim.

(c) Window. Guarantee requests must be submitted within ninety (90) days of the confirmed delivery date of the qualifying order, as shown by carrier tracking. Requests submitted after 90 days from the confirmed delivery date are not eligible and will not be approved, regardless of the reason. No exceptions are made beyond this window.

(d) How to claim. Email hello@gethaverly.com from the email address used to place the order, with the subject line “Guarantee Claim,” including your full name, order number, and the usage confirmation described above. Claims are subject to approval before any refund is processed.

(e) Return requirement. After your claim is approved, all pouches from the qualifying order must be returned, in whatever condition, to the address provided in your approval email, with your order number included, within 21 days of approval. Items sent back without prior authorization, or claims where the pouches are not returned within 21 days of approval, are not eligible for a refund. Return shipping costs are the customer’s responsibility; we recommend a tracked shipping method, as we are not responsible for return shipments lost in transit without tracking.

(f) Limits. The guarantee is limited to one claim per customer and per household (determined by any combination of name, email address, payment method, and billing or shipping address), across all Haverly products, for the lifetime of the customer relationship. We additionally reserve the right to refuse a refund request from any customer who has exhibited a pattern of repetitive refunds, defined as more than two refund requests within any 12-month period, across any order channels.

(g) Refund amount and processing. Approved guarantee refunds cover the product price of the qualifying order; shipping and handling charges are non-refundable. Refunds are issued only to the original payment method, within approximately 10–15 business days after we receive and verify the returned pouches; we do not guarantee processing within this period, and your bank may require up to 10 additional business days to post the refund. Refunds have no cash value, are not transferable, and cannot be applied to other orders.

(h) Abuse. We reserve the right to deny any claim, cancel any order, or refuse future orders where we determine, in our sole discretion, that a claim is fraudulent, that the product was purchased for resale, that a usage confirmation is false or inconsistent with the condition of the returned product, or that the guarantee is being abused. We may verify claim details against order, delivery, and payment records.

Section 9 — Refunds and Returns

Refunds and returns outside the guarantee are governed by our Refund Policy, incorporated by reference. In summary: unopened product in its original packaging may be returned within thirty (30) days of the confirmed delivery date, with prior authorization only — contact hello@gethaverly.com for return instructions before shipping anything; items sent back without authorization may not be eligible for a refund. Return shipping costs are the customer’s responsibility. Refunds cover the product cost only, after we receive and verify the return; original shipping charges are non-refundable. Opened product is not eligible for a standard return. Refund processing takes approximately 10–15 business days after verification, which we do not guarantee.

Section 10 — Chargebacks and Payment Disputes

(a) Contact us first. Before initiating any chargeback or payment dispute, you agree to contact us at hello@gethaverly.com and give us a reasonable opportunity of at least ten (10) business days to resolve the issue directly. Our refund and guarantee processes exist precisely for this purpose, and nearly every issue is resolved faster through them than through a bank dispute.

(b) Evidence. You acknowledge that we maintain, and will submit in response to any payment dispute, complete transaction records, including: order details and timestamps, the IP address and device data associated with the order, address and card verification results, checkout acceptance of these Terms, carrier tracking and delivery confirmation, our correspondence with you, and your refund and guarantee history. You agree that carrier delivery confirmation is sufficient proof of delivery, even without a signature.

(c) Improper disputes. Initiating a chargeback for a delivered product while declining to use the refund and guarantee processes described in these Terms, or misrepresenting a transaction to a card issuer (including claiming non-receipt of a delivered order or non-authorization of a charge you placed), constitutes a breach of these Terms. We contest improper disputes and report suspected first-party fraud to our payment processors and fraud-prevention networks.

(d) Consequences. While a payment dispute is open, refund requests and guarantee claims relating to the disputed transaction are suspended and cannot be processed. If your bank or card issuer reverses a charge that we prevail on or that is otherwise properly owed, we may bill you directly and seek payment by another method, including a mailed statement or referral to a collections service, and we may refuse future orders from any customer with a history of improper payment disputes.

Section 11 — Electronic Communications

You consent to receive electronic communications from Haverly, whether by email to the address on your order or account or by postings on the Site, and you agree that all such communications satisfy any legal requirement that a communication be in writing. You expressly consent to be contacted by us or our agents, at the email address and phone number you provide, regarding your orders, your account, and any dispute, notwithstanding any registration on a do-not-contact registry. Notices sent by email are effective when sent; notices posted on the Site are effective upon posting. It is your responsibility to keep your email address current.

Section 12 — SMS / Text Messaging

By providing your telephone number to Haverly under any SMS program and completing the applicable consent mechanism, you consent to receive transactional, promotional, and marketing text messages from or on behalf of Haverly. Message frequency may vary, and message and data rates may apply. Carriers are not liable for delayed or undelivered messages. We may share your data, including SMS opt-in and consent status, with third parties that help us provide messaging services (such as platform providers, phone companies, and delivery vendors); SMS consent data is used solely to administer the messaging program in accordance with our Privacy Policy, and mobile contact information is not sold or shared with third parties for their own marketing. You may withdraw consent at any time by replying STOP to any message, or reply HELP for assistance or contact hello@gethaverly.com.

Section 13 — Prohibited Uses

In addition to other prohibitions in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any international, federal, state, or local regulation or law; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, defame, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track personal information of others; (i) to spam, phish, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent security features of the Site. We reserve the right to terminate your use of the Site for violating any prohibited use, or if we determine you have provided false, inaccurate, or incomplete information, engaged in conduct harmful to our rights or interests, or for any or no reason, without prior notice.

Section 14 — Reviews, Testimonials, and Other Submissions

Anything you submit or post to the Site or provide to us — including photographs, testimonials, reviews, ideas, comments, and suggestions (collectively, “Submissions”) — is and will be treated as non-confidential and non-proprietary. You grant us a royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, adapt, and create derivative works from Submissions in any medium, together with the name you submit, including in advertising for Haverly products, as we determine in our discretion. You represent that your Submissions are true and accurate, are yours to give, and do not infringe the rights of any third party. We may, but have no obligation to, monitor, edit, or remove content, and we may verify, decline, or remove any review in our discretion. Testimonials reflect individual experiences and do not represent the generally expected user experience. Comments and opinions expressed by users on social media are theirs alone, and we have no obligation to monitor or remove them.

Section 15 — Intellectual Property; DMCA

The Site and all of its content — including text, graphics, logos, images, product names, packaging, page designs, and software — are the property of Haverly or its licensors and are protected by copyright, trademark, and other intellectual-property laws. You are granted a limited, revocable, non-exclusive license to access and make personal, non-commercial use of the Site. You may not reproduce, duplicate, copy, sell, resell, scrape, or otherwise exploit any portion of the Site or its content without our express written permission.

If you believe material on the Site infringes your copyright, send a notice to hello@gethaverly.com containing: your physical or electronic signature; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and its location on the Site; your contact information; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. We respond to valid notices under the Digital Millennium Copyright Act and terminate repeat infringers where appropriate.

Section 16 — Third-Party Links and Tools

The Site may include materials from, or links to, third-party websites, and we may provide access to optional third-party tools, in each case without monitoring or control. We are not responsible for third-party content, materials, products, or services, and we will have no liability arising from your use of them. Any use of optional third-party tools is entirely at your own risk. Complaints or claims regarding third-party products should be directed to the third party.

Section 17 — Privacy

Your submission of personal information through the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Section 18 — Disclaimer of Warranties

EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HAVERLY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Section 19 — Limitation of Liability

EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL HAVERLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING FROM OR RELATED TO THESE TERMS, THE SITE, OR ANY PRODUCT, REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HAVERLY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID HAVERLY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

CERTAIN JURISDICTIONS, INCLUDING BUT NOT LIMITED TO NEW JERSEY, PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LIMIT THE ABILITY TO DISCLAIM IMPLIED WARRANTIES. IF YOU ARE A CUSTOMER FROM SUCH A JURISDICTION, THE SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS PERMITTED UNDER THE LAWS OF YOUR JURISDICTION, AND IF YOU ARE LOCATED IN NEW JERSEY THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO YOU. TO THE EXTENT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Section 20 — No Reliance

You acknowledge and agree that, in placing an order, you have not relied on any statement, promise, or representation that is not expressly set out in these Terms, in the product’s label, or in the policies posted on this Site.

Section 21 — Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Haverly and its parent, subsidiaries, affiliates, and their respective officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including reasonable attorneys’ fees, arising out of or related to (1) your breach of these Terms or the documents they incorporate by reference; (2) your breach of any representation or warranty in these Terms; or (3) your violation of any law or the rights of a third party.

Section 22 — Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in performance caused by or resulting from acts or circumstances beyond our reasonable control, including without limitation acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes, restraints or delays affecting carriers, or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.

Section 23 — Governing Law

All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction.

Section 24 — Dispute Resolution: Informal Resolution, Mandatory Binding Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Informal resolution first. Before commencing arbitration, the party asserting a dispute shall first send the other a written notice describing the nature and basis of the claim and the relief requested. Notice to Haverly must be emailed to hello@gethaverly.com with the subject line “Notice of Dispute.” The parties shall attempt in good faith to resolve the dispute within thirty (30) days of receipt of such notice; arbitration may be commenced only after that period has expired.

(b) Binding arbitration. YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, HAVERLY’S PRIVACY POLICY OR THESE TERMS, HAVERLY’S ADVERTISING OR MARKETING PRACTICES, OR HAVERLY’S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1–16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. EXCEPT AS PROVIDED IN SUBSECTION (d) BELOW, THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW THE APPLICABLE SUBSTANTIVE LAW OF THE STATE OF DELAWARE TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND HAVERLY, MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT HAVERLY’S CONSENT, AND MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.

(c) Small claims. Either party may elect to pursue an individual claim in small-claims court in your county of residence if the claim qualifies for that court’s jurisdiction and remains on an individual basis.

(d) Mass filings. If twenty-five (25) or more demands for arbitration are filed against Haverly that raise similar claims and are filed by or with the assistance of the same or coordinated counsel or organizations, the parties agree that the AAA’s Mass Arbitration Supplementary Rules shall apply, and that the demands shall be resolved in staged proceedings: ten (10) demands selected by claimants’ counsel and ten (10) selected by Haverly shall proceed first as bellwether arbitrations, while the remaining demands are held in abeyance (with any applicable statutes of limitation tolled) pending their resolution and a subsequent good-faith global mediation. A court of competent jurisdiction may enforce this subsection, including by enjoining the mass filing or administration of arbitrations conducted in violation of it.

(e) Haverly’s intellectual-property carve-out. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT HAVERLY HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF DELAWARE FOR INJUNCTIVE OR EQUITABLE RELIEF ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF HAVERLY’S INTELLECTUAL PROPERTY RIGHTS, AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.

(f) Rights you are waiving. UNLESS YOU TIMELY OPT OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON.

(g) 30-day opt-out. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH HAVERLY’S WEBSITE BY SENDING AN EMAIL TO hello@gethaverly.com WITH THE SUBJECT LINE “ARBITRATION OPT-OUT,” STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.

Section 25 — Time Limit on Claims

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR ANY PRODUCT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES, OR IT IS PERMANENTLY BARRED.

Section 26 — Assignment

You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent, and any purported assignment or delegation in violation of this Section is null and void. We may transfer all contractual rights and obligations under these Terms without further consent or notification if some or all of our business is transferred to another entity by way of merger, sale of assets, or otherwise.

Section 27 — No Waiver; Severability; No Third-Party Beneficiaries

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision; a waiver is effective only if in writing and signed by an authorized representative of Haverly. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed without affecting the validity and enforceability of the remaining provisions. These Terms do not confer any rights or remedies upon any person other than you.

Section 28 — Termination; Survival

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use the Site. We may terminate these Terms or your access to the Site at any time without notice if, in our sole judgment, you fail or we suspect you have failed to comply with any term, and you will remain liable for all amounts due up to and including the date of termination. The obligations and liabilities of the parties incurred prior to termination — including, without limitation, Sections 1, 2, 5, 8, 9, 10, and 14 through 27 — survive the termination of these Terms for all purposes.

Section 29 — Entire Agreement

These Terms, our order confirmation, and the policies posted on this Site constitute the entire agreement and understanding between you and Haverly and govern your use of the Site and your purchases, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. Headings are for convenience only and do not limit or affect these Terms.

Section 30 — Accessibility

Haverly is committed to making the Site usable by as many people as possible, and we work to improve its accessibility on an ongoing basis, using recognized guidelines such as the Web Content Accessibility Guidelines (WCAG) as a reference. If you have difficulty accessing any part of the Site or its content, or need assistance placing an order, contact us at hello@gethaverly.com and we will work to provide the information, product, or transaction you seek through a reasonable alternative method. We welcome feedback on the accessibility of the Site at the same address.

Section 31 — Contact

Questions about these Terms should be sent to us at hello@gethaverly.com.