terms of use

Welcome to the Hayhouse.com Web site, this site is owned and operated by Hay House, Inc.

These Terms of Use, along with policies and guidelines located throughout the Hayhouse.com Web site identify what users of the Hayhouse.com Web site can expect from Hayhouse.com, and what we expect from users. By accessing any areas of the Hayhouse.com Web site, users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the Hayhouse.com Web site.

Privacy Policy
Hayhouse.com respects the privacy of its Users. The terms and conditions of the Hayhouse.com's Privacy Policy, are incorporated herein by reference.

Content
Proprietary Rights
User acknowledges that the Hayhouse.com Web site contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Hayhouse.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

Third-Party Content
In some instances, the Content available through the Hayhouse.com Web site represents the opinions and judgments of the respective third party providing such Content. Hayhouse.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Hayhouse.com Web site by anyone other than Hayhouse.com. Under no circumstances shall Hayhouse.com, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Hayhouse.com Web site. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Hayhouse.com Web site.

Termination of Usage
Hayhouse.com may suspend or terminate any User's access to all or any part of the Hayhouse.com Web site including any account thereon, without notice, for any reason in Hayhouse.com's sole discretion.

Disclaimers and Limitation of Liability
THE HAYHOUSE.COM WEB SITE IS PROVIDED BY HAY HOUSE INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HAY HOUSE INC. DISCLAIMS ALL IMPLIED WARRANTIES.

WITHOUT LIMITING THE FOREGOING, HAY HOUSE INC. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE HAYHOUSE.COM WEB SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE HAYHOUSE.COM WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE HAYHOUSE.COM WEB SITE; OR (IV) THAT THE HAYHOUSE.COM WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF HAYHOUSE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HAY HOUSE INC. DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE HAYHOUSE.COM WEB SITE OR ANY RELATED SERVICES. THE OPERATION OF THE HAYHOUSE.COM WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF HAY HOUSE INC.

 

UNDER NO CIRCUMSTANCES SHALL HAY HOUSE INC. BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE HAYHOUSE.COM WEB SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE HAYHOUSE.COM WEB SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO HAYHOUSE.COM'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE HAYHOUSE.COM WEB SITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

Disputes

If you have a dispute with HayHouse.com, and you are unable to resolve the dispute informally, you and HayHouse.com agree that upon demand by either you or HayHouse.com, the dispute will be resolved through binding arbitration. As the sole exception to arbitration, you and HayHouse.com each retain the right to pursue in small claims court any dispute that is within that court’s jurisdiction. A “dispute” is any unresolved disagreement between you and HayHouse.com, regardless of when the claim arose, and includes claims based on contracts, torts, statutes, regulations, common law, and equitable claims. All statutes of limitation applicable to any dispute shall apply in any arbitration between you and HayHouse.com.

You and HayHouse.com agree that you are each waiving the right to a jury trial or a trial before a judge in a court. You and HayHouse.com agree that each may bring claims against the other only in an individual capacity, and that neither you nor HayHouse.com shall be entitled to join or consolidate claims by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or on behalf of the general public, or as a private attorney general. If this limitation is found to be unenforceable, it shall not be severable, and this entire arbitration provision shall be unenforceable. You and HayHouse.com agree that the arbitrator may award injunctive relief only in favor of the party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim. In the event of any inconsistency between this arbitration provision and any provision contained in any other applicable terms of use, license agreement, disclaimer, or privacy policy relating to HayHouse.com or the material on the website, this arbitration provision shall be controlling.

Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the “AAA”) according to its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes (together, the “AAA Rules”). The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7979. In the event of any inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall be controlling. Either party may demand arbitration of a dispute at any time, regardless of whether a lawsuit or other proceeding has previously been commenced. Either party may demand arbitration by completing the form for Consumer-Related Disputes provided for that purpose, and following the instructions on the form. The form is available on the AAA’s website, www.adr.org, or by calling AAA Case Filing Services at 1-877-495-4185. You should attach a copy of this arbitration provision, which will remain available online. If you demand arbitration, you must send a copy of the form or other demand, by U.S. Certified Mail, addressed to: Hay House, Inc., Attention: Legal Department, P.O. Box 5100, Carlsbad, CA 92010-5100. If HayHouse.com demands arbitration, you will be sent a copy of the form or other demand, by U.S. Certified Mail, at the most current postal address that HayHouse.com has for you in its records. If your claim is for less than $10,000, HayHouse.com will pay all of the AAA’s administrative fees and the arbitrator’s fees, including the initial filing fee. If your claim is for more than $10,000, and applicable law limits the amount of arbitration fees payable by you, HayHouse.com will pay all of the AAA’s administrative fees and the arbitrator’s fees in excess of this limitation. Except as otherwise provided by applicable law, each party will remain solely responsible for their own attorneys’ fees and expenses incurred in connection with the arbitration.

You and HayHouse.com agree that: (1) the parties are participating in transactions affecting interstate commerce; (2) this arbitration provision and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code); (3) the arbitrator shall decide any dispute regarding the interpretation, application, or enforceability of this arbitration provision; (4) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; and (5) neither party will be entitled to rely on any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving only one of the parties. This arbitration provision shall survive the termination of any other contract between you and HayHouse.com.

Acknowledgment
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Hayhouse.com regarding User's relationship with Hayhouse.com and supersedes any prior statements or representations. When using the Hayhouse.com Web site or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.

Modification
Hayhouse.com reserves the right to make changes to the Hayhouse.com Web site, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on January 26, 2015.