Terms of Sale (Excluding Original Artwork)

These terms and conditions of sale may be revised at any time by updating this posting.
Last Updated November 11, 2024

PLEASE READ THESE TERMS OF SALE (Excluding Original Artwork) (“Terms of Sale”) CAREFULLY.  BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE WEBSITE TO PURCHASE PRODUCTS, OR BY PURCHASING AN ITEM ONLINE FROM THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE.

THESE TERMS OF SALE CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS, INCLUDING A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 6, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST US IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION.  THE AAA CONSUMER ARBITRATION RULES ARE ADOPTED AS SET FORTH IN SECTION 6.  

IF YOU DO NOT AGREE WITH THESE TERMS OF SALE, DO NOT MAKE A PURCHASE.

1.    General
Thank you for visiting www.GuyHarvey.com (the “Site”).  The Site is owned by Guy Harvey, Inc, also known as Guy Harvey, located at 1500 West Cypress Creek Road, Suite 108, Fort Lauderdale, FL 33309 and its subsidiaries and affiliates (collectively, “Guy Harvey, Inc.”). All items sold from the Site are Officially licensed Guy Harvey products and, except for original Artwork, are sold by or through NG Labs, Inc., 9500 NW 108th Ave., Miami, Florida, USA, 33178, and its subsidiaries and affiliates (collectively, “Retailer”; and collectively, with Guy Harvey, Inc., “we,” “our,” or “us”).

2.    Customers
Products for sale on the Site are intended for direct sale to adult, end consumers only in the United States.  If you are under 18, you may have a parent or guardian place an order for you.  By purchasing products from the Site, you accept these Terms of Sale and confirm that (i) the information you provide to us is truthful and accurate and (iv) you are purchasing the products for personal, family or household use and not for resale to third parties, bulk buying or freight forwarding.

3.    Your Account
When you purchase from the Site, an account may be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account or with your password.  If your account or password is compromised in any way, you will notify Retailer immediately.  Retailer or Guy Harvey, Inc. may take any action to maintain the security of the Site and purchases from the Site, including, but not limited to, terminating your account, changing your password, or requesting additional information to authorize transactions on your account.

4.    Other Terms
These Terms of Sale and any general information on the Site in no way override the specific terms and conditions of your purchase of any product, unless explicitly stated otherwise herein. To the extent any area of the Site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms of Sale.  If there is a conflict between these Terms of Sale and Specific Terms or these Terms of Sale and the Guy Harvey, Inc. Terms of Service posted on the Site, these Terms of Sale will prevail with respect to Retailer’s products and sales from the Site and Retailer’s Loyalty Rewards Program.

5.    Changes in Terms of Sale
The form and nature of the services, content and all information posted on the Site are subject to change without notice. In addition, we have the right in our sole discretion, at any time and without prior notice, to revise these Terms of Sale or impose new terms and conditions with respect to access to or use of the Site and/or the purchase of products from the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. You can determine when these Terms of Sale were last revised by referring to the "LAST UPDATED" legend at the top of the Terms of Sale. YOU ARE RESPONSIBLE FOR REVIEWING THE TERMS OF SALE PERIODICALLY FOR ANY MODIFICATION THAT MAY AFFECT YOUR RIGHTS OR OBLIGATIONS. YOU AGREE YOU SHALL BE DEEMED TO BE APPRISED OF AND BOUND BY ANY MODIFICATION TO THE TERMS OF SALE. ANY ACCESS OR USE OF THE SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS OF SALE SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification of the Terms of Sale by anyone other than Retailer shall be valid or enforceable against Retailer unless expressly agreed to by Retailer in a writing signed by a duly authorized officer of Retailer.

In addition, we reserve the right, at any time, with or without notice, temporarily or permanently, to:  modify or discontinue the Site; charge fees in connection with the use of some or all of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer special opportunities to some or all users of the Site.

6.    Content and Copyright; Limited License
All product designs and content featured on the Site, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof (collectively the "Content"), are copyrights, trademarks, trade dress, patents, or other intellectual property that are owned, controlled, licensed, or otherwise used with permission Guy Harvey, Inc. or Retailer. This Site in its entirety is protected by copyright, applicable trade dress, and other laws protecting intellectual and other proprietary rights, and is the Site is the sole property of Guy Harvey, Inc.

Subject to these Terms of Sale, we hereby grant you the non-exclusive right to use the Content, subject to the following conditions: (i) the material may be used solely to place an order for products with us; (ii) it may not be modified in any way, nor distributed, transmitted or re-posted; (iii) no copy is made of any owned or licensed trademark or logo apart from the page on which it appears; and (iv) any copy of any portion of the material must include the copyright notice appearing on the Site or with respect to the product. The Content and its component trademarks, logos, images, and other features are and shall remain the sole property of Guy Harvey, Inc. or Retailer and are protected under U.S. and foreign copyright, trademark, patent and/or other proprietary rights and laws. You do not acquire any right, title or interest in such Content by virtue of accessing the Site or making use of the permitted uses allowed under these Terms of Sale. If you wish to obtain permission to reproduce or reprint any portion of the Content, contact us at legal@guyharvey.com.

Except as set forth above, no license to download, use, or reproduce any of the Content or other material, brand names, logos and/or trademarks contained on the Site is given or implied, and the Content, brand names, logos and/or trademarks may not be downloaded, reproduced, used (except as an integral part of an authorized copy of material appearing on the Site, used pursuant to these Terms of Sale), modified or distributed in any way without prior written permission. Except as expressly authorized herein or in writing the owner of such Content, brand names, logos and/or trademarks, you agree not to reproduce, modify, lease, loan, sell, distribute, or create derivative works based in whole or part on the Content.

7.    Copyright Complaints (DMCA policy)
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyrights of others.
If you believe your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:

•    A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

•    Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;

•    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;
•    Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

•    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

•    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send notice electronically to legal@guyharvey.com, or by mail to:
Guy Harvey, Inc., Attn: Legal Department 
1500 West Cypress Creek Road, Suite 108, Fort Lauderdale, FL 33309

NG Labs, Inc., Attn: Legal Department 
9500 NW 108th Ave., Miami, Florida, USA, 33178

We suggest you consult your legal advisor before filing a notice or counter-notice. Also, be aware there may be penalties for false claims.

8.    Our Trademarks
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to Guy Harvey, Inc. or Retailer or are used with permission. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on the Site. Your use/misuse of the Trademarks displayed on this Site, except as allowed under these Terms of Sale, is strictly prohibited. Be advised that the Company aggressively will enforce its intellectual property rights to the fullest extent of the law.

9.    Linking
This Site may contain links to other websites (“Linked Sites”). Such links do not constitute Retailer’s sponsorship, endorsement, or approval of the content, policies, or practices of the Linked Sites. Linked sites are not operated, controlled, or maintained by Retailer, and Retailer is not responsible for the content or practices of Linked Sites or for services, goods, or products provided or sold to you or anyone else through Linked Sites. By using such Linked Sites, you expressly relieve Retailer from any and all liability from your use of such Linked Sites.

In general, and subject to the following limitations, Retailer does not object to links to the Site’s home page, using the plain text name of the Site, from third-party websites. However, unless we have a written agreement with you to the contrary, you may not: (a) use any of Guy Harvey, Inc. or Retailer’s trademarks, copyrights, logos, slogans, trade dress, or other intellectual property or other Content in or with your links; (b) present a link to the Site in a way that suggests we have any relationship or affiliation with you or your site or endorse, sponsor, or recommend you or the information, products or services on your site; (c) incorporate any Content into your website (e.g., by in-lining or framing); (d) deep link to the Site; or (e) use any names, trademarks, or slogans of the Guy Harvey, Inc. or Retailer in any metatag. We prohibit and will disable links from any website that we believe, in our sole judgment, may be illegal, pornographic, obscene, offensive, inflammatory, contain malware or viruses, violate any of our policies, or otherwise adversely affect the name, reputation, and goodwill of the Guy Harvey, Inc. or Retailer. Further, we expressly reserve the right to pursue all remedies available to us under law or in equity in connection with any misuse of such links to our Site.

10.    User Postings
We do not and cannot review all reviews, comments, and other materials created by users of the Site and posted to the Site (“Postings”). We will not be responsible for the content of Postings. YOU ACKNOWLEDGE THAT WE HAVE NO EDITORIAL CONTROL OVER USER POSTINGS, AND THAT BY PROVIDING YOU WITH THE ABILITY TO VIEW AND DISTRIBUTE USER-GENERATED CONTENT ON THE SITE, WE MERELY ACT AS A PASSIVE CONDUIT, BULLETIN BOARD, OR HOST FOR SUCH DISTRIBUTION AND DOES NOT UNDERTAKE ANY OBLIGATION OR LIABILITY RELATING TO POSTINGS, INCLUDING BUT NOT LIMITED TO POSTINGS THAT ARE ILLEGAL, FALSE OR ERRONEOUS, DEFAMATORY, OBSCENE, PROFANE, HARASSING, DANGEROUS, OR OTHERWISE OFFENSIVE OR THAT VIOLATE ANY PERSONAL OR PROPRIETARY RIGHTS.

The Site is intended for a general, family audience. Postings should be appropriate for such an audience. You are prohibited from posting or transmitting any material or communications that may be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, other intellectual property right, or other personal or proprietary right of another; or (d) in violation of any law or regulation. We reserve the right to block or remove at any time Postings that we determine in our sole discretion may violate this policy or otherwise be unacceptable to us.  We will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials. Any personally identifiable information you post or transmit on the website will be treated by the applicable Privacy Policy.

11.    Unauthorized Access
You may not take any action to interfere with the Site or any other user's use of the Site or to decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Site, nor insert any code or product or manipulate the Content in any way.

You agree you will not post, upload, share, transmit, distribute, or otherwise make available through or in connection with the Site: (a) any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful, invasive, or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (b) any unsolicited or unauthorized advertising or promotional material, "junk mail," "spam," "chain letter," investment opportunity, or any other form of solicitation; or (c) any material, non-public information about a company without the proper authorization to do so. You further agree not to impersonate any person or entity on the Site or use the Site to impersonate any employee or representative of Guy Harvey Enterprises or Retailer. You may not: (a) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; (b) restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Website); (c) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; (d) frame or mirror any part of the Website without Guy Harvey, Inc.’s express prior written consent; (e) create a database by systematically downloading and storing Content or user information; or (f) use a robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather user information or reproduce or circumvent the navigational structure or presentation of the Site.

12.    User Representations
By using the Site, you represent, warrant, and covenant that: (a) you are at least 18 years old; (b) you are a resident of the United States; and (c) your use of the Site will not violate these Terms of Sale.

13.    User Submissions
Except for any personally identifiable information we may collect from you under the guidelines established in the Privacy Policy or Sales Privacy Policy posted on the Site, any material, ideas, drawings, concepts, suggestions, images, or other information or other communication you transmit, upload or post to this Site, or otherwise submit to Guy Harvey, Inc. or Retailer (“Submissions”) will be considered non-confidential and non-proprietary. We will have no obligation or liability with respect to Submissions. By making a Submission, you represent, warrant, and covenant that you are the author or inventor of the Submission, that it is your original work, and that it does not infringe any patent, trademark, copyright, trade secret, trade dress, or other intellectual property right. We will be free to copy, disclose, distribute, incorporate, manufacture, advertise, sell and otherwise use Submissions for any and all commercial or noncommercial purposes, without obligation to pay any royalty or other compensation. PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER SUBMISSIONS THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION AND/OR ATTRIBUTION OR OTHER RIGHT OF OWNERSHIP.

14.    Privacy

Guy Harvey, Inc. adheres to Terms of Service (click here) and a Privacy Policy (click here) for the Site. For purchases of products from Retailer through the Site or as a member of the GuyHarvey.com loyalty program for online purchases of products, Retailer adheres to the Terms of Sale (click here) and Privacy Policy for Sales (click here).  

15.    Termination
We reserve the right immediately to terminate your access to and use of the Site or any portion thereof, including the right to purchase goods and services, at any time and for any reason, with or without cause. Termination may include but is not limited to blocking access to the Site by a particular IP address. You agree that we shall not have any liability for termination of your access to the Site. Upon such termination, your right to use the Site shall immediately cease. In the event of termination of access to the Site or of the Site itself, those provisions of these Terms of Sale which would be expected to survive termination shall do so.

16.    Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of products through the Site.

17.    Sweepstakes, Contests, and Similar Promotions
Any sweepstakes, contests, or similar promotions made available through the Site will be governed by specific rules applicable to each promotion and separate from these Terms of Sale. By participating in a promotion, you will become subject to its respective rules, which may vary from these Terms of Sale and impose eligibility requirements. It is your responsibility to read the applicable rules to determine whether or not your participation, registration and/or entry in a promotion are valid.

18.    International Users
Although we may distribute our products internationally through other channels, products sold to consumers through the Site are intended for end consumer use only in the United States, may not be labeled for international distribution or use, and may not comply with local laws, regulations, and ordinances outside the United States. We reserve the right to cancel or modify any order that conflicts with these Terms of Sale.

The Site is owned, controlled, and administered by Guy Harvey, Inc. or its agents from its offices within the United States of America and is not intended to subject Guy Harvey, Inc. or Retailer to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site is appropriate for use in any jurisdiction other than the United States. If you choose to access the Site, you do so at your own risk and are responsible for complying with all applicable local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability in whole or part to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion, including by blocking IP addresses.

19.    Prices; Orders
The prices and availability of products and services listed on the Site are subject to change without notice. All prices displayed on the Site are quoted in U.S. dollars. We restrict delivery to addresses within the United States. Products displayed on the Site are available while supplies last. Descriptions of, or references to, products or services on the Site do not constitute a warranty by the Company.

20.    Website Colors and Accessibility
Actual product colors may vary from the colors depicted on the Site. We have done our best to display as accurately as possible the colors of the products shown on the Site. However, the colors you see will depend on your monitor, and we cannot guarantee your monitor's display of any color will be accurate.

We follow the W3C’s globally recognized standards to provide content for products that is compatible with computer-based assistive technologies and browsers. We recommend using the most current versions of (or the version released just prior to) the manufacturer’s assistive technology applications, along with a current version of browsers such as Internet Explorer, Safari, Firefox or Chrome. We also recommend trying different types of browsers with assistive technology applications to determine which combination works best for you.

Additionally, we support screen magnification technologies and accessibility features—like zoom, color and other image controls—that major browsers provide.

IF YOU ARE HAVING ANY TROUBLE ACCESSING THE SITE OR THESE TERMS OF SALE, PLEASE CONTACT RETAILER TOLL FREE AT 1-844-842-7839, 24 HOURS A DAY, 7 DAYS A WEEK

21.    Product Availability
Reference to any product or service on the Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available. We cannot guarantee that a product listed as available will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order but sold out by the time your order is processed. However, if an item that is purchasable in your shopping cart when you place your order is sold out at the time your order is processed, you will be notified by email that your order will not be filled, and your credit card will not be charged.

22.    Shipping and Returns & Exchanges Policies
Our Shipping and Returns & Exchanges policies are incorporated in these Terms of Sale by reference. We request that you review those policies thoroughly prior to purchasing products from our Site.

23.    Governing Law
This agreement is governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of laws principles. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF MIAMI-DADE FLORIDA, STATE OF FLORIDA, AND WAIVE ANY JURISDICTIONAL, VENUE OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS.

24.    Text Alerts Program
If you sign up to receive marketing text messages (e.g., SMS and MMS) from Retailer or when purchasing products through the Site (“Product Text Alerts”), we will text you when something special is happening or to provide you with promotional and personalized marketing text messages (e.g., cart reminders).

By consenting to SMS marketing during checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out.

We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us by calling the toll free number 1-844-842-7839.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see the Retailer Privacy Policy to determine how Retailer collects and uses your personal information for product purchase through the Site.

25.    Contact Us; Questions or Complaints
If you have any questions regarding the Terms of Sale, please submit them to legal@guyharvey.com.

26.    California Consumer Rights Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to customercare@guyharvey.com. You may also contact us by writing to: Guy Harvey, Inc., c/o GuyHarvey.com, 1500 West Cypress Creek Road, Suite 108, Fort Lauderdale, FL 33309 and/or NG Labs, Inc., c/o GuyHarvey.com, 9500 NW 108th Ave., Miami, Florida, USA, 33178. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

27.    Arbitration Program
Any and all disputes arising out of or relating to the purchase of products by your from Retailer through the Site shall be resolved by arbitration in accordance with the provisions of this Section.  BY USING THIS SITE AND AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT.  You and Retailer 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 NG Labs, Inc., Attn. Legal - GuyHarvey.com, 9500 NW 108th Ave., Miami, Florida, USA, 33178.  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. Retailer will reimburse those fees for claims totaling less than $10,000. Retailer waives its right to seek attorneys’ fees and costs in arbitration. 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. 
In lieu of arbitration, either you or Retailer 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.

Waiver of Right to Bring Class Actions and Representative Claims.

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Retailer agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Retailer 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 a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Other Terms. 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 Site for purchase of products 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.

One Year to Assert Claims. 

To the extent permitted by law, any claims or disputes by you  or us relating in any way to these Program Terms, the Program, or your participation in the Program must be filed within one year after such claim or dispute arises; otherwise, the claim or dispute is permanently barred, which means that you and we will not have a right to assert the claim or dispute.

28.    Miscellaneous
These Terms of Sale do not, and shall not be construed to, create any partnership, joint venture, franchise, agency, or employment relationship between you and us. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Sale without Retailer’s express written consent. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. If any provision of these Terms of Sale is found to be illegal, invalid, or unenforceable, the remainder of the Terms of Sale shall continue to be fully valid, binding, and enforceable. Our failure to exercise any rights herein, or the waiver of any breach of these Terms of Sale by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver of any subsequent breach by you of the same or any other term of these Terms of Sale. Our rights and remedies under these Terms of Sale shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. You agree that a printed version of these Terms of Sale and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Sale to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

GUYHARVEY.COM SALES LOYALTY REWARDS PROGRAM TERMS AND CONDITIONS

Last Updated November 11, 2024

GuyHarvey.com loyalty rewards program for online purchases of qualified products (“Program”) through www.GuyHarvey.com (the “Site”) is provided by NG Labs, Inc., 9500 NW 108th Ave., Miami, Florida, USA, 33178 (“Retailer” or “we”).  The Site is owned by Guy Harvey, Inc., also known as Guy Harvey, located at 1500 West Cypress Creek Road, Suite 108, Fort Lauderdale, FL 33309and its subsidiaries and affiliates (collectively, “Guy Harvey, Inc.”).  All items sold from the Site are Officially licensed Guy Harvey products and, except for original Artwork, are sold by or through Retailer and sales of products are governed by the Terms of Sale.

PLEASE READ THESE PROGRAM TERMS CAREFULLY.  THE PROGRAM TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE PROGRAM.

THESE PROGRAM TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 6, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST US IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION.  THE AAA CONSUMER ARBITRATION RULES ARE ADOPTED AS SET FORTH IN SECTION 6.  BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING THE PROGRAM, YOU AGREE TO THESE PROGRAM TERMS INCLUDING YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER CONTAINED IN SECTION 6 BELOW.

Enrolling in the Program is free.  By enrolling in the Program or accessing or using the Program, you represent that (i) you are a resident of the Unites States over 18 years of age, (ii) you accept the Sales Terms and these Program Terms, (iii) the information you provide to us is truthful and accurate, and (iv) you are purchasing products through the Site primarily for personal, family or household use and not for resale to third parties, bulk buying or freight forwarding.

1.    Purpose. The purpose of this Program is to reward and thank valuable customers in the United States for their loyalty in purchasing Official Guy Harvey products online through the Site. The Program allows enrolled customers to earn reward points (“Points”) for making Qualifying Purchases (defined below) that can be redeemed for certain other products from the Site. Products for sale on the Site are intended for direct sale to adult, end consumers only in the United States. Members are responsible for any tax liability related to their participation in the Program.

2.    Modification of the Program or Program Terms. These Program Terms supersede any previous Program terms and conditions.  Retailer reserves its rights to change, modify, terminate, or eliminate the Program and/or any of the Program Terms, Member Benefits, FAQs, or any other descriptions of the Program at any time without notice.

Any changes, modifications, or termination of the Program or Program Terms will be accessible at the Site and will be effective immediately upon publication on the Site.  Retailer is not responsible for providing you with notice of changes; you are solely responsible for reviewing the Program Terms, benefits, FAQs and other relevant information at the Site. Please visit the Site regularly for any changes to the terms. Your continued participation in the Program after we make changes to it or to these Program Terms signifies your acceptance of such changes. If at any time you disagree with the Program Terms, you must discontinue use of the Program immediately.

3.    Eligibility

a.    Participation. To join the Program, you must provide a valid email address. It is your responsibility to keep us updated if your email address changes. You can end your participation in the Program at any time by sending an email to customercare@guyharvey.com. Upon termination, your participation and all Points and rewards earned thereunder will be cancelled.

b.    Over 18 Years Old. By accessing or using the Program you verify that you are an individual 18 years or older; or if you are under the age of 18, you must be supervised by a parent or legal guardian who agrees to and legally consents to be bound by the Program Terms.

c.    Additional Eligibility Terms. You are prohibited from having or using multiple Program membership accounts and agree to hold only one Program membership account per individual. Your membership is for personal use only. Program membership accounts are for promotional purposes and may not be used for commercial purposes. We reserve the right to terminate your membership in the Program at any time in our sole discretion, including if we determine you have violated the Terms or engaged in unauthorized, fraudulent, or unlawful use of the Program.

4.    Specific Conditions

a.    Qualifying Purchases.  A “Qualifying Purchase” is a purchase of any product by a Program member from Retailer through the Site but does not include original Artwork, past purchases, purchases of gift cards, taxes, shipping and handling, other fees or services charges, or the value of coupons, discounts or redeemed Points, or purchases made through any Linked Site (defined below) or through third-party platforms (such as Instagram).

b.    Points. Program members receive one (1) Point for each $1 spent on a Qualifying Purchase made online at the Site.  Purchases made with earned discounts from the Program or Points will not be counted towards accumulating Points.

c.    Points Redemption. For every 100 Points you accumulate on your Program account, you will earn a discount reward of $10 off your next Qualifying Purchase on the Site.  The discount will apply only if the contents of your cart for a Qualifying Purchase exceeds the discount amount. Once the cart exceeds your available Program discount reward(s) for a Qualifying Purchase, you will select the dollar discount you want to be applied toward your total order value.  Only one (1) discount can be applied per order. Available Point and discount reward levels are the following:

 

d.    Member Communications. By joining or otherwise participating, you agree to receive communications about the Program, as well as advertising and marketing material from us. Members may unsubscribe from the Company emails at any time via the unsubscribe link in those emails; provided, however, if you unsubscribe from our emails, you may no longer receive email updates about Program benefits. For information about your communication preferences, contact Customer Service at customercare@guyharvey.com.

e.    Additional Limitations. Program accounts, benefits, Points, discount rewards and any special offers are non-transferrable, non-assignable and may not be shared and are void where prohibited.

f.    Returns and Your Rewards Account. Points and discount rewards earned will be updated in your account within 30 days of a Qualifying Purchase.  You may log in to your account online at www.guyharvey.com to view your Points balance and rewards. You may also inquire about your Points balance by contacting Customer Service at customercare@guyharvey.com. In a return transaction where Point discount rewards were used, you are entitled to a refund for any amount actually paid per the terms of the transaction for the returned item. If you return products purchased with Points, once the item is received by us, we will, in our sole discretion, credit the applicable Program account with the Points equivalent to the dollar value of the returned item(s) or provide you a products credit for the value of the returned item(s).

g.    Program Management.  You may review your account at the Site or by contacting Customer Service at customercare@guyharvey.com.  We are not responsible for lost, delayed, stolen, damaged, incomplete, invalid, misdirected, or undeliverable communications, including Points or discount rewards, or for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware, or software, technical or human error.

h.    Linked Sites. The Site may contain links to other websites (“Linked Sites”).  Linking and Linked Sites are addressed by the Terms of Sale (click here).

5.    Privacy.  For purchases of products from Retailer through the Site or as a member of the GuyHarvey.com loyalty program for online purchases of products, Retailer adheres to the Terms of Sale (click here) and Privacy Policy for Sales (click here).

6.    ARBITRATION AND CLASS ACTION WAIVER

a.    Mandatory Binding Arbitration. You and we agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to the Program, these Program Terms, Qualifying Purchases, or the Site, SHALL BE FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU HEREBY UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT to assert or defend your rights arising out of or relating to these Program Terms, except for matters that may be taken to small claims court. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively under the laws of the State of Florida and federal law, and the parties consent to exclusive jurisdiction and venue in the United Stated District Court, Southern District of Florida. You and we acknowledge and agree that the Federal Arbitration Act and federal arbitration law govern and apply to arbitrations between you and us (despite any other choice of law provision).

b.    AAA Rules. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply.  For claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org.

c.    Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

d.    Limitation on Aggregating Claims. 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. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. In the event that the CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.

e.    Waiver of Right to Trial by Jury. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.

f.    One Year to Assert Claims.  To the extent permitted by law, any claims or disputes by you  or us relating in any way to these Program Terms, the Program, or your participation in the Program must be filed within one year after such claim or dispute arises; otherwise, the claim or dispute is permanently barred, which means that you and we will not have a right to assert the claim or dispute.

g.    Other Terms. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your Program membership 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.

7.    DISCLAIMER; LIMITATIONS OF LIABILITY; MISC.

a.    THIS PROGRAM AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

b.    OUR AGGREGATE LIABILITY TO YOU FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID FOR THE SINGLE TRANSACTION YOU COMPLETED DURING SUCH TIME AS YOUR CLAIM AROSE. WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF USE AND LOSS OF PROFITS.

c.    THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF THE COMPANY ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES.

d.    IN NEW JERSEY, THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE NEGLIGENCE OF US ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES.

e.    From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

f.    Our failure to insist upon or enforce strict compliance with any provision of these Terms shall not be construed as a waiver of any provision or right we have under these Terms or by law and will not prevent us from enforcing such right or Terms in the futures. Nothing in the Program Terms will limit us from exercising any legal rights or remedies that we may have.

g.    If any section, part, or provision of the Program Terms is found to be unlawful, void, or unenforceable, that section, part, or provision is deemed severable from the remaining Terms and does not affect the validity and enforceability of any remaining provisions.

8.    Governing Law and Venue. Except for Trademark Claims described in Section 6(a), these Terms are governed and interpreted pursuant to the laws of the State of Florida, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, result in court action, shall be resolved exclusively by a state or federal court located in Miami, Florida, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.

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