Terms of Use

Last Modified: July 17, 2022


Welcome to the WilliamandHarry.com website administered by RBSC LLC (“W&H”, “We”, “Our” or “Us”).  


PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY.  This website terms of use agreement is entered into by and between you (“You” or “Your”) and W&H.  The following terms and conditions, together with any documents expressly incorporated by reference (collectively, this “Terms of Use“) govern Your access to and use WilliamandHarry.com, including any content, functionality, and services offered on or through WilliamandHarry.com (this “Website“), whether as a guest or a registered user.

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE, OUR PRIVACY POLICY, FOUND AT WILLIAMANDHARRY.COM/PRIVACYPOLICY AND OUR TERMS OF SALE, FOUND AT WILLIAMANDHARRY.COM/TERMSOFSALE, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, PRIVACY POLICY OR TERMS OF SALE, YOU MUST NOT ACCESS OR USE THE WEBSITE. 

This Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, You represent and warrant that You are of legal age to form a binding contract with W&H and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use this Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in Our sole discretion. All changes are effective immediately when We post them, and apply to all access to and use of this Website thereafter. 

Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You. 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material We provide on this Website, in Our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of this Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for You to have access to this Website.

  • Ensuring that all persons who access this Website through Your internet connection are aware of these Terms of Use and comply with them.

To access this Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of this Website that all the information You provide on this Website is correct, current, and complete. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on this Website, is governed by Our Privacy Policy williamandharry.com/privacypolicy, and You consent to all actions We take with respect to Your information consistent with Our Privacy Policy.

If You choose, or are provided with, a username, password, or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your username, password, or other security information. You agree to notify Us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, You have violated any provision of these Terms of Use.

Intellectual Property Rights

This Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by W&H, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit You to use this Website for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on this Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.

  • You may store files that are automatically cached by Your Web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of this Website for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If We provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by Our end user license agreement for such applications.

  • If We provide social media features williamandharry.com, instagram.com/williamandharrystyle, facebook.com/williamandharrystyle, pinterest.com/williamandharrystyle, linkedin.com/company/williamandharrystyle with certain content, You may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Website.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

You must not access or use for any commercial purposes any part of this Website or any services or materials available through this Website. 

If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Website in breach of this Terms of Use, Your right to use the Website will stop immediately and You must, at Our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to this Website or any content on this Website is transferred to You, and all rights not expressly granted are reserved by W&H. Any use of this Website not expressly permitted by this Terms of Use is a breach of this Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The W&H name, trademarks, logo and all related names, logos, product and service names, designs, and slogans are trademarks of W&H or its affiliates or licensors. You must not use such marks without the prior written permission of W&H.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use this Website only for lawful purposes and in accordance with this Terms of Use. You agree not to use this Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate W&H, a W&H employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website, or which, as determined by Us, may harm W&H or users of this Website, or expose them to liability.

Additionally, You agree not to:

  • Use this Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of this Website, including their ability to engage in real time activities through this Website.

  • Use any robot, spider, or other automatic device, process, or means to access this Website for any purpose, including monitoring or copying any of the material on this Website.

  • Use any manual process to monitor or copy any of the material on this Website, or for any other purpose not expressly authorized in this Terms of Use.

  • Use any device, software, or routine that interferes with the proper working of this Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer, or database connected to this Website. 

  • Attack this Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of this Website.

User Contributions

This Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through this Website.

All User Contributions must comply with the Content Standards set forth in this Terms of Use.

Any User Contribution You post to this Website will be considered non-confidential and non-proprietary. By providing any User Contribution on this Website, You grant Us and Our affiliates and service providers, and each of their and Our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us and Our affiliates and service providers, and each of their and Our respective licensees, successors, and assigns.

  • All of Your User Contributions do and will comply with this Terms of Use. 

You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not W&H, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of this Website. 

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in Our sole discretion.

  • Take any action with respect to any User Contribution that We deem necessary or appropriate in Our sole discretion, including if We believe that such User Contribution violates this Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Website or the public, or could create liability for W&H.

  • Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Website. 

  • Terminate or suspend Your access to all or part of this Website for any or no reason, including without limitation, any violation of this Terms of Use.

Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through this Website. YOU WAIVE AND HOLD HARMLESS W&H AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, We do not undertake to review all material before it is posted on this Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 




Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Our Privacy Policy williamandharry.com/privacypolicy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person, or misrepresent Your identity or affiliation with any person or organization. 

  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

  • Give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.

Copyright Infringement

It is W&H’s policy to terminate privileges of any user who repeatedly infringes copyright upon prompt notification to W&H by the copyright owner or the copyright owner’s legal agent.  If You believe that Your work has been copied and posted to this Website in a way that constitutes copyright infringement, please send to customerservice@williamandharry.com the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that You claim has been infringed; (iii) a description of the location on this Website of the material You claim is infringing; (iv) Your address, telephone number and e-mail address; (v) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. 



Reliance on Information Posted

The information presented on or through this Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to this Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by W&H, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of W&H. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on this Website may be out of date at any given time, and We are under no obligation to update such material. 

Information About You and Your Visits to the Website

All information We collect on this Website is subject to Our Privacy Policy williamandharry.com/privacypolicy. By using this Website, You consent to all actions taken by Us with respect to Your information in compliance with Our Privacy Policy. 

Online Purchases and Other Terms and Conditions

All purchases through Our Website or other transactions for the sale of goods formed through this Website, or resulting from visits made by You, are governed by Our Terms of Sale williamandharry.com/termsofsale, which are hereby incorporated into this Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of this Website.  All such additional terms and conditions are hereby incorporated by this reference into this Terms of Use.

Linking to the Website and Social Media Features

You may link to Our homepage, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part without Our express written consent. 

This Website may provide certain social media features that enable You to:

  • Link from Your own or certain third-party websites to certain content on this Website.

  • Send emails or other communications with certain content, or links to certain content, on this Website.

  • Cause limited portions of content on this Website to be displayed or appear to be displayed on Your own or certain third-party websites.

You may use these features solely as they are provided by Us and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, You must not:

  • Establish a link from any website that is not owned by You.

  • Cause this Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • Link to any part of this Website other than the homepage.

  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of this Terms of Use.

The website from which You are linking, or on which You make certain content accessible, must comply in all respects with the Content Standards set out in this Terms of Use.

You agree to cooperate with Us in causing any unauthorized framing or linking immediately to stop.  We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in Our discretion. 

Links from the Website

If this Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them.  If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the Commonwealth of Virginia in the United States. We provide this Website for use only by persons located in the United States. We make no claims that this Website or any of its content is accessible or appropriate outside of the United States.  Access to this Website may not be legal by certain persons or in certain countries. If You access this Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or this Website will be free of viruses or other destructive codes. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER W&H NOR ANY PERSON ASSOCIATED WITH W&H MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER W&H NOR ANYONE ASSOCIATED WITH W&H REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, W&H HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

Indemnification

You agree to defend, indemnify, and hold harmless W&H, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (“Indemnified Parties”) from and against any claims, actions of any kind, including personal injuries, death, and property damage, demands, liabilities, damages, rights, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) (“Claims”) arising directly or indirectly out of or relating to Your violation of this Terms of Use or Your use of this Website, including, but not limited to, Your User Contributions, any use of this Website’s content, services, and products other than as expressly authorized in this Terms of Use, or Your use of any information obtained from this Website.

Force Majeure

H&M shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Terms of Sale, for any failure or delay in Our performance under this Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, adverse weather delays, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, COVID-19, monkeypox, lockouts, strikes or other labor disputes (whether or not relating to Our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, lawsuits, injunctions, moratorium, and changes in laws.

Governing Law and Jurisdiction

All matters relating to this Website and this Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, this Terms of Use or this Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia, in each case located in the City of Williamsburg, James City County.  You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.


Dispute Resolution

The following arbitration agreement in this Section (“Arbitration Agreement”) requires You to arbitrate disputes with W&H and limits the manner in which You can seek relief from Us.

Arbitration Agreement

 

You agree that any dispute or claim (“Dispute”) relating in any way to Your access or use of this Website, to any products sold or distributed through this Website, will be resolved by binding arbitration, rather than in court, except that You or W&H may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  

 

You and W&H agree to give up Your right to go to court to assert or defend Your rights under this Agreement and with respect to any Dispute. You and W&H. expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.


You may begin an arbitration proceeding by sending a letter requesting arbitration to:

William and Harry 

Attn: Legal Department 

103 Boundary Street, Suite A, 

Williamsburg, Virginia, 23185

 

You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. 

 

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location. You further agree that if Your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, You agree that Your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.

 

In lieu of arbitration, either You or W&H may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Also, even if all parties have opted to litigate a claim in court, You or We may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.

 

All arbitrations must proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court. However, to the extent permissible by applicable law, any relief must be individualized to You and shall not affect any other customer. You and W&H agree that each may bring claims against the other in arbitration only in Your or W&H’s respective individual capacities and in so doing You and W&H hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim, then that claim (and only that claim) must proceed in court and be severed from any arbitration.

 

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or Your use of the Website ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

Waiver and Severability

No waiver by W&H of any term or condition set forth in this Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of W&H to assert a right or provision under this Terms of Use shall not constitute a waiver of such right or provision.

If any provision of this Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Terms of Use will continue in full force and effect. 

Assignment

This Terms of Use, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by You without W&H’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null, void and of no force and/or effect.  Notwithstanding the foregoing however, W&H may assign, subcontract, delegate or otherwise transfer any and all rights and obligations hereunder without Your consent.

Notice to California Customers

Under California Civil Code Section 1789.3, customers from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Entire Agreement

This Terms of Use, Our Privacy Policy, Our Terms of Sale and any order confirmation constitute the sole and entire agreement between You and W&H regarding this Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding this Website. 

Your Comments and Concerns

This website is operated by W&H, 103 Boundary Street, Suite A, Williamsburg, Virginia, 23185

All other feedback, comments, requests for technical support, and other communications relating to this Website should be directed to: customerservice@williamandharry.com.