Terms and Conditions

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By accessing, using, or viewing the AHT Website (the "Site") or any of its services, functions or contents, You agree to each of the following terms, conditions and notices which govern Your of use of the Site and Your purchase of products and services on the Site (the “Terms of Use”).

1. use of the site

The Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from AHT ("AHT" or the "Company") has been granted. You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain prior express written consent from AHT. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to AHT or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for AHT or cause AHT to lose (in whole or in part) the services of our suppliers .

 2. products and services

These products and services made available by AHT and its suppliers on this Site are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining AHT prior written consent. AHT and its suppliers may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Site, including return and shipping policies, may apply to Your purchase and are incorporated by reference herein.

3. privacy policy

You acknowledge and agree that You have read and consent to the terms of the AHT Privacy Policy, which is incorporated by reference herein.

 4. proprietary rights

This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of AHT and other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of AHT and other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any AHT trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.

 5. user feedback

You agree that all ideas, comments, suggestions or other information that You provide to AHT regarding the Site or products and services provided on the Site (the "Feedback") shall be AHT property, and may be used by AHT on a non-confidential and unrestricted basis, without compensation to You.

6. monitoring

You agree that AHT has no obligation to, but may monitor and review information You transmit over the Site. You agree that AHT may censor, edit, remove or prohibit the transmission or receipt of any information that AHT deems inappropriate or in violation of these terms and conditions, and use any such information as necessary to provide the Site and to protect the rights of AHT. You agree that AHT may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing. 

 7. linked web sites

This Site includes links to other web sites. AHT provides such links solely as a convenience to You and for informational purposes only. AHT has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates AHT endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither AHT, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If You decide to access other web sites, You do so at Your own risk. AHT privacy policy does not apply to other websites. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site. 

 8. advertising disclosure, accuracy

Product descriptions posted on our product pages are the representations of our suppliers. The Site may contain technical inaccuracies or typographical errors or omissions. AHT is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. AHT reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.

SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8. 

 9. mis-communications

AHT and any other providers of products or services on the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, AHT and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by You or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.

SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 9.

 10. warranties

YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. AHT HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10. 

 11. limitation of liability

YOU AGREE THAT IN NO EVENT SHALL AHT, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY AHT OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE.

SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11. 

 12. indemnification

You agree to indemnify and hold AHT and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of these terms and conditions or Your violation of any law or the rights of a third party. AHT failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12. 

 13. formal dispute resolution by binding arbitration

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use to the use of this Site, or purchase of any AHT or other products on this Site, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of Arbitration shall be governed solely by the Federal Arbitration Act. If you and AHT cannot resolve a dispute informally, any dispute asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and AHT understand and agree that all disputes shall be decided by an Arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and AHT each agree to resolve disputes (except certain small claims) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms of Use as a court would. The Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms of Use. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, AHT agrees to pay the Arbitration initiation fee and any additional required deposit required by JAMS to initiate your Arbitration. You and AHT agree to pay the costs of the Arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The Arbitration will be held at a location in your home town area if possible, unless you and AHT both agree to another location or telephonic Arbitration. To initiate Arbitration, you or AHT must do the following things:(1) Write a demand for Arbitration. The demand must include a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS [to your local JAMS office or to JAMS, 620 Eighth Ave., 34th Floor, New York, NY 10018].(3) Send one copy of the Demand for Arbitration to the other party. Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor AHT shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and AHT agree that the JAMS Class Action Procedures do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all disputes under these Terms of Use, you may assert an individual dispute in small claims court in lieu of Arbitration. 

 14. choice of law and time to bring your claim

You agree that any dispute will be governed by the law of the State of California and that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with your use of the Company’s website, its products, or these Terms of Use, must be filed within one (1) year after such claim or cause of action arose or be forever banned. IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 15. 

 15. exclusions and limitations; consumer protection notice

If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a California consumer, these terms do not limit or waive your rights as a consumer under California law and the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of California. In any event, AHT reserves all rights, defenses and permissible limitations under the law of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Section 13 (formal dispute resolution by binding arbitration). NOTICE TO CALIFORNIA RESIDENTS: Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and California law generally. The provisions in these Terms and Conditions do not apply to you and are not intended to vary, diminish or alter your rights under California law: specifically, nothing in these Terms and Conditions limits, varies, diminishes, affects, or otherwise voids or alters your rights under California law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quite enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by California law. In the event of any conflict between these Terms and Conditions and California law, California law will govern. 

 16. promotions/discount codes

Promo codes can be specific to dates, products or minimum total amount. All promotional offers, emails and sales, and discounts cannot be combined with any other offers. Limit one promo code per order. Promo codes and promotions cannot be used toward gift card purchases.  Not valid on past purchases. For questions or assistance with a promo code please contact Customer Service. All promotional codes are subject to change at any time. All promotional codes are only exclusive to product purchases made on this website only. The AHT rewards program (the “Program”) is a loyalty reward program offered by AHT (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program allows persons who have completed the membership enrollment steps (each, a “Program Member” or “Member”) in accordance with the present Terms and Conditions to collect points when making purchases on items identified from time to time by the Company (“Eligible Purchases”), and to redeem these points for rewards, benefits and/or rebates offered by the Company from time to time. Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.
 

 17. events beyond our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to: Strikes or other industrial action. Civil commotion, terrorism or threat of, war or threat or preparation for. Fire, explosion, adverse weather conditions, subsidence, epidemic or other natural disaster. Disruption to supplies or delivery methods. Acts of government or regulatory bodies. Disruption to public or private telecommunications networks. Occasionally, parcels going overseas may be delayed at customs control when entering your country. This is beyond our control and we cannot be responsible for the late arrival of parcels detained in this way. 

 18. arrangements

After placing your order you will receive an automated acknowledgement by email. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm acceptance to you by confirming that your order has been dispatched. Once we accept your order, a contract to purchase and deliver products takes effect between you and AHT. You pay the sum that you see at the end of the checkout process, together with the delivery. Upon receipt of your order for the products you will be charged for the products and the delivery costs. Products will be at your sole risk from the time of delivery to you.

 19. modification of terms

AHT may at any time amend, modify or supplement any terms and conditions applicable to the Site, and Your continued use of the Site will constitute Your acceptance of any such amendment, modification, or supplementation. 

 20. customs

Products delivered to destinations outside the US may be subject to taxes, fees, levies or other charges as a result of local legislation or customs formalities and we advise that you check the import charges applicable before ordering Products to be delivered there. The recipient of the order is responsible for all customs formalities for the import of the Products, and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied. The recipient of the products, not the person placing the order, will receive a separate request for payment of these charges. If you are ordering Products to be delivered to someone else, please ensure they are made aware that they will be responsible for these additional charges. You (or the recipient of the products if different) will be the importer for all international deliveries of the products. Therefore, before placing an order, it's your responsibility to check that any products ordered comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your order. 

 21. registration; user names and passwords

You may be required to register with AHT in order to access certain areas of the AHT Websites, for example, to purchase AHT products or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the AHT Websites, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the AHT Websites, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the AHT Websites that occur in connection with your user name. You agree to immediately notify AHT of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the AHT Websites, and to ensure that you “log off” and exit from your account with the AHT Websites (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. 

 22. forums and submissions

AHT may offer features through the AHT Websites that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as “Forums”). All of the rules of conduct described above apply to the Forums. Additionally, without AHT express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other AHT Websites visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization. When you submit or make available any information or materials through the Forums or otherwise through any AHT Website (“Submissions”), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by AHT without restriction. You grant to AHT the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sub licensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the AHT Websites complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason. We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the AHT Websites. The Forums include the opinions, statements and other content of third parties, including AHT Independent Consultants. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including AHT Resellers) through the Forums or otherwise through the AHT Websites are those of such third parties and not of AHT, and AHT does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the AHT Websites at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately. You acknowledge and agree that AHT has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the AHT Websites. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE AHT WEBSITES, YOU DO SO AT YOUR OWN RISK. 

 23. sweepstakes, contests, and similar promotions

Any sweepstakes, contest, or similar promotion made available through any AHT Websites may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. AHT urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Privacy Policy, which, in addition to this Agreement, will govern any information you submit in connection with such activities.

 If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: AngelicHeavenlyTreasure@angelic.com.