This website, as well as all associated mobile sites and mobile applications (collectively referred to as “Website”) is operated by H8U.COM ("us/we/our"). "You/your" means you as a user of the Website. “User” means all users of this Website. We offer this Website, including all information, products and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. Your continued use of this WEBSite constitutes your agreement to these Terms of Use.

By accessing this Website, you agree to be bound by the Terms of Use set forth herein, including our Privacy Policy. If there is anything you do not understand, please email any inquiry to I@H8U.COM. If at any time you do not agree to these Terms of Use, please do not use this Website.

You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You shall not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website.

1. Intellectual Property Ownership and Use

1.1 You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

1.2 We grant you the limited right to access and make use of the Website as our User. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Website’s name or our trademarks; d) engage in any activity that interferes with the Website or another user’s ability to use the Website; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use. 1.3 You may not shall not use, copy, distribute, or exploit any of the Site Content in any manner without our prior written permission.

1.4 All Site Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Website, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

2. Infringement Notice

2.1 We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email at the following address: I@H8U.COM.

2.2 In order for us to more effectively assist you, the notification must include all of the following:

a. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;

b. A description of the copyrighted work or other right you claim has been infringed or violated;

c. Information reasonably sufficient to locate the material in question on the Website;

d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and

f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

3. Errors and Inaccuracies

3.1 We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. For example, products included on the website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the website. In addition, we may make changes in information about price and availability without notice. We will correct any pricing errors on the website as and when discovered. The website contains a large number of products and services and it is always possible that, despite our best efforts, some of the products or services listed on the website may be incorrectly priced. We will normally verify prices as part of our shipping procedures so that, where the correct price is less than our stated price; we will charge the lower amount when shipping the products to you. If the correct price is higher than the price stated on the website, we will normally, at our discretion, either contact you for instructions before shipping the product, or reject your order and notify you of such rejection. We shall not provide the products to you at the incorrect (lower) price, even after we have sent you an order confirmation or a shipping confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error. 3.2 The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products or the events we promote, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

3.2 You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Website.

4. Changes to Website or These Terms of Use

4.1 Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website or any portion of it.

4.2 We may alter these Terms of Use from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the Website.

4.3 The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

5. External Sites, Resources and Linking to this Site

5.1 From time to time, this website may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website and do so entirely at your own risk.Neither we nor any of our affiliates are responsible for the availability of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

5.2 Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply with all applicable laws, rule and regulations.

 

 

7. Online Services

7.1 The Website contains or may contain various interactive portions, such as a user forum, message board or other types of interactive features that allow users to post content on our Website ("Online Services"). We have no obligation to actively monitor the Online Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user. User comments and other content posted or uploaded by a user (“User Content”) express the views and opinions of the User and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.

7.2 If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to I@H8U.COM. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.

7.3 By using this Website, you agree that: a. You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity's intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).

b. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

c. You will not repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images or content.

d. You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.

7.4 User Content becomes public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other Users in return.

7.5 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.

7.6 If you submit any User Content to this Website, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.

7.7 If you choose to communicate or meet with other users of the Website, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Website.

8. Gift Certificates, Contests and Promotions

8.1 Gift certificates can only be redeemed via purchases made on the website, and are not redeemable for cash. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates.

8.2 We make no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

8.3 From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the website. Each of these activities shall be governed by specific rules accessible from the pages of the website offering the promotion.

9. Disclaimers

9.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

9.2 WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

9.3 AS SET FORTH IN THE WEBSITE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.

10. Limitations on Liability

BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE, AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND UNDERSTAND AND ASSUME THE RISKS OF SENDING INFORMATION VIA AND CONDUCTING TRANSACTIONS OVER THE INTERNET.  YOU ACKNOWLEDGE AND AGREE THAT H8U AND/OR ITS SUBSIDIARIES, AFFILIATES, LICENSEES OR THIRD PARTY CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO THE SITE AND YOUR USE OF THE SITE, YOUR USE OF A SITE LINKED TO FROM THE SITE, THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE (EXCEPT AS PROVIDED IN OUR RETURN POLICY), THE UNAUTHORIZED ACCESS TO, LOSS OF OR USE OF DATA, ANY FAILURES OF PERFORMANCE, ERRORS OR OMISSIONS, NETWORK OR INTERNET DELAYS OR FAILURES OR THE ACTIONS OF THIRD PARTIES WHO USE THE SITE,  WHETHER SUCH DAMAGES, CLAIMS OR CAUSES OF ACTION ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES.  THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION.  YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH H8U, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THIS LIMITIATION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

11. Indemnification

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE WEBSITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

12. Resolution Of Claims or Disputes. 

Any disputes arising out of or regarding these Terms of Use will be governed by the laws of the State of California, applicable to agreements made and performed in California. Except where prohibited by law, you further agree that (1) any and all disputes and causes of action arising out of this Privacy Policy shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the Judicial Arbitration and Mediation Services, Inc. [“JAMS”] and held at the JAMS regional office located in Los Angeles, California. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim or seek injunctive relief or any other equitable claim. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

All disputes between you and us will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of us or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:

(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or near Los Angeles, California.

(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with USPA LLC remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.

(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions. (h) Subject to the requirement for arbitration hereunder, in any action arising out of or relating to this Privacy Policy, the laws of the State of New York shall be applied, without regard to choice of laws. (i) Class Action Waiver. The parties further expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and USPA shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

13. Investigations of Violations of These Terms

We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

14. Notice for California Users

Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

15. Termination

You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.

16. Miscellaneous

16.1 If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use. 16.2 These Terms of Use and our Privacy Policy, and any other terms or agreements that may be posted on the Website (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements.

16.3 You may send us notices or communicate with us by email at I@H8U.COM. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email

DATE LAST MODIFIED JUNE 15, 2018

H8U ("WE") OPERATES THE WEBSITE LOCATED AT WWW.H8U.COM (THE "WEBSITE"). WE RECOGNIZE THAT YOU CARE HOW INFORMATION ABOUT YOU IS USED AND SHARED. WE HAVE CREATED THIS PRIVACY POLICY TO INFORM YOU OF OUR INFORMATION COLLECTION, USE AND SHARING PRACTICES FOR THIS WEBSITE.

YOUR PRIVACY IS IMPORTANT TO US. THE H8U PRIVACY POLICY GUIDES HOW WE COLLECT, STORE, AND USE INFORMATION ABOUT OUR CUSTOMERS AND PROSPECTS, AND IT WILL BE PERIODICALLY ASSESSED AGAINST NEW TECHNOLOGIES, BUSINESS PRACTICES, AND OUR CUSTOMERS' CHANGING NEEDS. PLEASE BE ASSURED THAT WE TAKE YOUR CONCERNS ABOUT PRIVACY SERIOUSLY, AND WE INTEND TO TAKE EVERY REASONABLE EFFORT TO PROTECT IT.

PLEASE READ THIS PRIVACY POLICY CAREFULLY, AND IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT US. BY VISITING THE WEBSITE, YOU CONSENT TO THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION AS OUTLINED IN OUR PRIVACY POLICY.

WHEN DO WE COLLECT INFORMATION?

WE MAY COLLECT INFORMATION ABOUT YOU ANYTIME YOU INTERACT WITH US SUCH AS WHEN YOU (I) ACCESS OR BROWSE THE WEBSITE, (II) ORDER PRODUCTS OR SERVICES THROUGH THE WEBSITE, (III) COMMUNICATE WITH US EITHER BY E-MAIL, OVER THE TELEPHONE OR IN ANY OTHER MANNER, (IV) ELECT TO PARTICIPATE IN ANY OF OUR PRODUCT PROMOTIONS, AND (V) REQUEST INFORMATION ABOUT PRODUCTS AND SERVICES. WE MAY ALSO COLLECT INFORMATION FROM YOU IN OUR STORES OR THROUGH OTHER MARKETING MATERIALS.

WHAT INFORMATION DO WE COLLECT?

INFORMATION WE COLLECT IS GENERALLY OF TWO TYPES – PERSONALLY IDENTIFIABLE INFORMATION AND NON-PERSONALLY IDENTIFIABLE INFORMATION.

PERSONALLY IDENTIFIABLE INFORMATION COMPRISES ANY INFORMATION THAT CAN HELP US IDENTIFY OR LOCATE AN INDIVIDUAL, INCLUDING, WITHOUT LIMITATION, AN INDIVIDUAL'S NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND CREDIT CARD NUMBER.

NON-PERSONALLY IDENTIFIABLE INFORMATION COMPRISES INFORMATION THAT DOES NOT BY ITSELF IDENTIFY AN INDIVIDUAL. THIS INFORMATION GENERALLY INCLUDES ANONYMOUS INFORMATION ABOUT AN INDIVIDUAL'S USE OF THE WEBSITE THAT INCLUDES, AMONG OTHER THINGS, INFORMATION CONCERNING DATE AND TIME OF VISIT, THE PAGES OF THE WEBSITE VISITED, PATH THROUGH THE WEBSITE, IP ADDRESS, THE TYPE OF BROWSER AND OPERATING SYSTEM USED.

WHAT DO WE USE YOUR INFORMATION FOR?

ANY OF THE INFORMATION WE COLLECT FROM YOU MAY BE USED IN ONE OF THE FOLLOWING WAYS:

• TO PERSONALIZE YOUR EXPERIENCE
• YOUR INFORMATION HELPS US TO BETTER RESPOND TO YOUR INDIVIDUAL NEEDS.
• TO IMPROVE THE WEBSITE
• WE CONTINUALLY STRIVE TO IMPROVE THE WEBSITE OFFERINGS BASED ON THE INFORMATION AND FEEDBACK WE RECEIVE FROM YOU.
• TO IMPROVE CLIENT SERVICES
• YOUR INFORMATION HELPS US TO MORE EFFECTIVELY RESPOND TO YOUR CLIENT SERVICES REQUESTS AND SUPPORT NEEDS.
• TO PROCESS TRANSACTIONS
• YOUR INFORMATION, WHETHER PUBLIC OR PRIVATE, WILL NOT BE SOLD, EXCHANGED, TRANSFERRED, OR GIVEN TO ANY OTHER COMPANY FOR ANY REASON WHATSOEVER, WITHOUT YOUR CONSENT, OTHER THAN FOR THE EXPRESS PURPOSE OF DELIVERING THE PURCHASED PRODUCT OR SERVICE REQUESTED.
• TO SEND PERIODIC EMAILS
• THE EMAIL ADDRESS YOU PROVIDE FOR ORDER PROCESSING, WILL ONLY BE USED TO SEND YOU INFORMATION AND UPDATES PERTAINING TO YOUR ORDER.

IF YOU DECIDE TO OPT-IN TO OUR MAILING LIST, YOU WILL RECEIVE EMAILS THAT MAY INCLUDE NEW COLLECTIONS, COMPANY NEWS, UPDATES, RELATED PRODUCT OR SERVICE INFORMATION, ETC.

NOTE: IF AT ANY TIME YOU WOULD LIKE TO UNSUBSCRIBE FROM RECEIVING FUTURE EMAILS, WE INCLUDE DETAILED UNSUBSCRIBE INSTRUCTIONS AT THE BOTTOM OF EACH EMAIL.

HOW DO WE PROTECT YOUR INFORMATION?

WE IMPLEMENT A VARIETY OF SECURITY MEASURES TO MAINTAIN THE SAFETY OF YOUR PERSONAL INFORMATION WHEN YOU PLACE AN ORDER OR ACCESS YOUR PERSONAL INFORMATION.

WE OFFER THE USE OF A SECURE SERVER. ALL SUPPLIED SENSITIVE/CREDIT INFORMATION IS TRANSMITTED VIA SECURE SOCKET LAYER (SSL) TECHNOLOGY AND THEN ENCRYPTED INTO OUR PAYMENT GATEWAY PROVIDERS DATABASE ONLY TO BE ACCESSIBLE BY THOSE AUTHORIZED WITH SPECIAL ACCESS RIGHTS TO SUCH SYSTEMS, AND ARE REQUIRED TO KEEP THE INFORMATION CONFIDENTIAL.

AFTER A TRANSACTION, YOUR PRIVATE INFORMATION (CREDIT CARDS, SOCIAL SECURITY NUMBERS, FINANCIALS, ETC.) WILL NOT BE STORED ON OUR SERVERS.

DO WE USE COOKIES?

YES (COOKIES ARE SMALL FILES THAT A SITE OR ITS SERVICE PROVIDER TRANSFERS TO YOUR COMPUTER'S HARD DRIVE THROUGH YOUR WEB BROWSER (IF YOU ALLOW) THAT ENABLES THE SITES OR SERVICE PROVIDERS SYSTEMS TO RECOGNIZE YOUR BROWSER AND CAPTURE AND REMEMBER CERTAIN INFORMATION.

WE USE COOKIES TO HELP US REMEMBER AND PROCESS THE ITEMS IN YOUR SHOPPING CART, UNDERSTAND AND SAVE YOUR PREFERENCES FOR FUTURE VISITS AND COMPILE AGGREGATE DATA ABOUT SITE TRAFFIC AND SITE INTERACTION SO THAT WE CAN OFFER BETTER SITE EXPERIENCES AND TOOLS IN THE FUTURE. WE MAY CONTRACT WITH THIRD-PARTY SERVICE PROVIDERS TO ASSIST US IN BETTER UNDERSTANDING OUR SITE VISITORS. THESE SERVICE PROVIDERS ARE NOT PERMITTED TO USE THE INFORMATION COLLECTED ON OUR BEHALF EXCEPT TO HELP US CONDUCT OUR BUSINESS AND IMPROVE YOUR EXPERIENCE.

IF YOU PREFER, YOU CAN CHOOSE TO HAVE YOUR COMPUTER WARN YOU EACH TIME A COOKIE IS BEING SENT, OR YOU CAN CHOOSE TO TURN OFF ALL COOKIES VIA YOUR BROWSER SETTINGS. PLEASE NOTE THAT IF YOU CHOOSE TO REMOVE OR REJECT COOKIES, THIS COULD AFFECT THE AVAILABILITY AND FUNCTIONALITY OF OUR WEBSITES. HOWEVER, YOU CAN STILL PLACE ORDERS BY CONTACTING OUR CLIENT SERVICES TEAM. IN ADDITION, MANY WEB BROWSERS SUPPORT DO NOT TRACK TECHNOLOGY. IF YOU ENABLE DO NOT TRACK, WE WILL NOT USE INFORMATION ABOUT YOUR WEB VIEWING ACTIVITIES TO TAILOR YOUR ONLINE EXPERIENCE ON OTHER WEBSITES OPERATED BY H8U.

DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?

WE DO NOT SELL, TRADE, OR OTHERWISE TRANSFER TO OUTSIDE PARTIES YOUR PERSONALLY IDENTIFIABLE INFORMATION. THIS DOES NOT INCLUDE TRUSTED THIRD PARTIES WHO ASSIST US IN OPERATING THE WEBSITE, CONDUCTING OUR BUSINESS, OR SERVICING YOU, SO LONG AS THOSE PARTIES AGREE TO KEEP THIS INFORMATION CONFIDENTIAL. WE MAY ALSO RELEASE YOUR INFORMATION WHEN WE BELIEVE RELEASE IS APPROPRIATE TO COMPLY WITH THE LAW, ENFORCE OUR SITE POLICIES, OR PROTECT OURS OR OTHERS RIGHTS, PROPERTY, OR SAFETY. HOWEVER, NON-PERSONALLY IDENTIFIABLE VISITOR INFORMATION MAY BE PROVIDED TO OTHER PARTIES FOR MARKETING, ADVERTISING, OR OTHER USES. IN THE UNLIKELY EVENT OF A SALE OF SOME OR ALL OF OUR BUSINESS, H8U MAY DISCLOSE YOUR PERSONAL INFORMATION TO A PURCHASER THAT AGREES TO ABIDE BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY.

THIRD PARTY LINKS

OCCASIONALLY, AT OUR DISCRETION, WE MAY INCLUDE OR OFFER THIRD PARTY PRODUCTS OR SERVICES ON THE WEBSITE VIA LINKS TO THE THIRD PARTY SITE. THESE THIRD PARTY SITES HAVE SEPARATE AND INDEPENDENT PRIVACY POLICIES. WE THEREFORE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE CONTENT AND ACTIVITIES OF THESE LINKED SITES. NONETHELESS, WE SEEK TO PROTECT THE INTEGRITY OF THE WEBSITE AND WELCOME ANY FEEDBACK ABOUT THESE SITES.

CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE

BECAUSE WE VALUE YOUR PRIVACY WE HAVE TAKEN THE NECESSARY PRECAUTIONS TO BE IN COMPLIANCE WITH THE CALIFORNIA ONLINE PRIVACY PROTECTION ACT. WE THEREFORE WILL NOT DISTRIBUTE YOUR PERSONAL INFORMATION TO OUTSIDE PARTIES WITHOUT YOUR CONSENT.

AS PART OF THE CALIFORNIA ONLINE PRIVACY PROTECTION ACT, ALL USERS OF THE WEBSITE MAY MAKE ANY CHANGES TO THEIR INFORMATION AT ANYTIME BY LOGGING INTO THEIR CONTROL PANEL AND GOING TO THE ‘EDIT PROFILE' PAGE.

UNDER CALIFORNIA LAW, CUSTOMERS OF THE WEBSITE WHO ARE RESIDENTS OF CALIFORNIA MAY REQUEST CERTAIN INFORMATION ABOUT OUR DISCLOSURE OF PERSONAL INFORMATION DURING THE PRIOR CALENDAR YEAR TO THIRD PARTIES FOR THEIR DIRECT MARKETING PURPOSES. TO MAKE SUCH A REQUEST, PLEASE WRITE TO US AT THE ADDRESS SHOWN AT THE BOTTOM OF THIS PAGE.

CHILDREN'S ONLINE PRIVACY PROTECTION ACT COMPLIANCE

WE ARE IN COMPLIANCE WITH THE REQUIREMENTS OF COPPA (CHILDREN'S ONLINE PRIVACY PROTECTION ACT), WE DO NOT COLLECT ANY INFORMATION FROM ANYONE UNDER 13 YEARS OF AGE. OUR WEBSITE, PRODUCTS AND SERVICES ARE ALL DIRECTED TO PEOPLE WHO ARE AT LEAST 13 YEARS OLD OR OLDER.

AS A PARENT OR GUARDIAN YOU CAN REQUEST US TO REMOVE PERSONAL INFORMATION OF YOUR CHILD THAT WAS SUBMITTED WITHOUT YOUR CONSENT OR BY MISREPRESENTING HIS OR HER AGE. AT YOUR REQUEST, WE WILL TAKE REASONABLE STEPS TO REMOVE SUCH INFORMATION FROM OUR DATABASE. ALL SUCH REQUESTS SHOULD INCLUDE THE SAME USER NAME, PASSWORD, AND EMAIL ADDRESS THAT YOUR CHILD SUBMITTED AND SHOULD BE SENT TO I@H8U.COM.

ONLINE PRIVACY POLICY ONLY

THIS ONLINE PRIVACY POLICY APPLIES ONLY TO INFORMATION COLLECTED THROUGH THE WEBSITE AND NOT TO INFORMATION COLLECTED OFFLINE.

TERMS AND CONDITIONS

PLEASE VISIT THE TERMS AND CONDITIONS SECTION OF OUR WEBSITE ESTABLISHING THE USE, DISCLAIMERS, AND LIMITATIONS OF LIABILITY GOVERNING THE USE OF THE WEBSITE.

INTEGRITY

DURING THE ACCOUNT SIGN-IN PROCESS YOU CAN REVIEW, CHANGE OR REMOVE THE INFORMATION YOU HAVE SUBMITTED. WE AIM TO KEEP OUR INFORMATION ABOUT YOU AS ACCURATE AS POSSIBLE AND ENCOURAGE YOU TO PROMPTLY UPDATE YOUR INFORMATION IF IT CHANGES. YOU MAY, AT ANY TIME, ACCESS YOUR INFORMATION TO UPDATE, MODIFY OR DELETE ANY INACCURACIES BY ACCESSING YOUR ACCOUNT THROUGH THE WEBSITE. YOU MAY ALSO REQUEST US TO REMOVE YOUR ACCOUNT INFORMATION FROM OUR DATABASES AND WE WILL TRY TO REMOVE AS MUCH INFORMATION AS POSSIBLE. HOWEVER, AS WE GENERALLY KEEP INFORMATION RELATED TO PAST TRANSACTIONS FOR OUR RECORDS, WE MAY NOT BE ABLE TO COMPLETELY REMOVE YOUR INFORMATION.

CHANGES TO OUR PRIVACY POLICY

WE MAY CHANGE OUR POLICY AT ANY TIME BY POSTING A NEW VERSION OF IT ON THE WEBSITE. WE ENCOURAGE YOU TO CHECK THE WEBSITE REGULARLY FOR INFORMATION ABOUT REVISIONS TO THIS PRIVACY POLICY. IN THE EVENT THAT WE CHANGE OUR PRIVACY POLICY, SUCH CHANGES WILL AFFECT ALL OF THE INFORMATION WE COLLECT AFTER ANY SUCH CHANGE. IF YOU OBJECT TO THE CHANGE TO OUR PRIVACY POLICY, THEN YOU MUST CONTACT US IN WRITING REGARDING YOUR OBJECTION.

CONTACTING US

IF THERE ARE ANY QUESTIONS REGARDING THIS PRIVACY POLICY YOU MAY CONTACT US BY EMAILING I@H8U.COM

Pre-Order

A Pre-Order is an order placed for merchandise with a designated future ship date. The ship date given at the time of purchase is an estimated ship date and is subject to change. You will be charged for your entire order at the time it is placed. Your order will not ship until the pre-order item is available to ship. Please note, due to the nature of pre-orders, they cannot be canceled or modified. When your pre-order ships it uses the shipping method you selected upon checkout. You can find your shipping method selection in your order confirmation email.

International Orders

We accept orders from most countries.

All international customers are subject to the customs laws, duties and taxes of the destination country. If your package is returned to us, we will return the item(s) into our stock and refund you the amount of the order, less the shipping. If an item is deemed undeliverable, DHL has the right to dispose/destroy your package, even without The H8U's permission. The H8U cannot be held responsible for DHL's actions when this occurs. We cannot refund you if this happens to your package.

H8U will not be held responsible for items lost, stolen, or damaged during transit.

Custom/International Taxes

Your order may be subject to import duties and taxes, which are levied once a shipment reaches your country. The general amount for the duties and taxes fee is 20% of the dollar amount of the merchandise. However, this is just a general guideline and may vary depending on the country to which the order was shipped. You should contact your customs office for specific amounts and percentages.

H8U cannot control and is not responsible for any duties/taxes applied to your package. You will be responsible for paying additional charges for customs clearance. Customs policies vary widely from country to country; please contact your local customs office for further information. Note, in rare occasions custom agents may delay delivery of some packages. By law, we must declare all items at their full price and cannot alter this amount to decrease international custom fees.

If you refuse a shipment from H8U, you are responsible for the original shipping charges, any import fees, duties and/or taxes that are incurred on the package, and the cost of returning the package to H8U. This amount will be deducted from your merchandise refund. In the instance that the return fee exceeds the amount of the merchandise plus shipping costs, the package will be abandoned and you will not be refunded.

Our policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back without our confirmation.

There are certain situations where only partial refunds are granted (if applicable)
Any item not in its original condition, is damaged or missing parts for reasons not due to our error
Any item that is returned more than 14 days after delivery

Refunds
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 5-7 business days upon inspection.

Late or missing refunds
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at i@h8u.com.

Sale items
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at i@h8u.com

Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Shipping
To return your product please contact us for further instructions.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $99, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.