Effective date: June 2023
This website is owned and operated by Sauna Party, LLC ("Sauna Party," "us," "we," and "our"). This Terms of Service ("Terms") contains the terms and conditions that govern your use of our website, https://www.saunahouse.com (the "Website").
These Terms provide that all disputes between you and Sauna Party, LLC will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. See the below section Dispute Resolution and Arbitration.
This Website & Services
All pages within this Website and any material made available for download are the property of Sauna Party, LLC, or its suppliers. The Website is protected by United States and international copyright and trademark laws. SAUNA HOUSE® is a registered trademark of SWEAT VENTURES, LLC. HOT COLD RELAX® is a registered trademark of Alpine Mutt, LLC.
The contents of the Website, including, without limitation, the text, images, video, photographs, copy, blog posts and any materials accessed through or made available for use or download through this Website (collectively, "Content") may not be copied, published, reproduced or used, in whole or in part, except for purposes authorized or approved in these Terms or in writing by Sauna Party, LLC. You may not utilize any trademarks, service marks, logos, names or any Content, or other proprietary information (including website layout, copy or text) without our prior written consent.
Dispute Resolution and Arbitration
Please ensure that you read this clause carefully as it impacts your rights. If your have concerns or questions about a product or service that you purchased on or through this Website, we encourage you to contact our support or front desk. If we are unable to resolve your complaint or concern effectively, then you and Sauna Party, LLC each agree to be bound by these dispute resolution procedures.
You and Sauna Party, LLC each agree that any dispute, claim, or controversy arising out of or relating in any way to your use of the Website, your ordering of Products or Services from Sauna Party, LLC or its affiliates through the Website, by phone, or through third-party websites offering Sauna Party, LLC Products or Services shall be determined by binding arbitration.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO BRING AN ACTION IN COURT OR BEFORE AN ADMINISTRATIVE AGENCY. ARBITRATION IS MORE INFORMAL THAN COURT OR ADMINISTRATIVE PROCEEDINGS. ARBITRATION USES A NEUTRAL ARBITRATOR TO DECIDE A DISPUTE INSTEAD OF A JUDGE OR JURY. AN ARBITRATOR'S AWARD IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES). AN ARBITRATOR IS ALSO BOUND BY THESE TERMS TO THE SAME EXTENT AS A COURT.
WE EACH ALSO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OF ANY NATURE OR IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS MEANS THAT YOU MAY NOT BRING A CLAIM ON BEHALF OF A CLASS OR ANY PERSON OTHER THAN YOURSELF. UNLESS OTHERWISE AGREED IN WRITING BY BOTH YOU AND SAUNA PARTY LLC, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT CONDUCT ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD RELIEF OTHER THAN ON AN INDIVIDUAL BASIS.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association ("AAA") describing your claim and serve a copy of the demand Sauna Party LLC DBA SAUNA HOUSE at 230 Short Coxe Ave, Asheville, NC 28801. The arbitration will be conducted by the AAA under its Commercial Arbitration Rules and Mediation Procedures, and for disputes arising from or related to the purchase of products or services for personal or household use the AAA's Consumer Arbitration Rules will apply. AAA and the arbitrator will determine the appropriate rules that may apply as from time to time amended. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Sauna Party LLC will reimburse those fees (but not any attorney's fees) for arbitration claims seeking less than $3,000 unless the arbitrator determines your claims are frivolous. Additionally, Sauna Party LLC will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
We agree that Sauna Party LLC may bring suit in court to seek temporary provisional relief such as to enjoin infringement or other misuse of intellectual property rights.
As an alternative to arbitration, you may elect to submit a claim to a small claims court if the claim qualifies, but any filing or other fees will be your responsibility.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim in court would be decided by a judge, not a jury.
THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS AND ANY CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, PRODUCTS AND SERVICES ORDERED OR PURCHASED THROUGH THE WEBSITE. IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE INTERNAL LAWS OF THE STATE OF NORTH CAROLINA WILL GOVERN.
Disclosure of Price
This Website shows a list price for products for sale. List price is a price at which we have offered the product for sale; however, we may not have sold the item at that price. A strike-through price is a comparison price based on a product’s full list price or the price at which another retailer offers the same item.
Using This Website & Services
Use of the Website and Services are restricted to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Services of this Website are not intended for children under the age of 13.
You must comply with all of the terms and conditions of these Terms, the applicable agreements and policies referred to in these Terms and rules when you use the Services and the Website.
You are prohibited from violating or making attempts to violate the security and integrity of the Website, including, without limitation, (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (ii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization; or (iii) accessing or using the Website or any portion thereof without authorization in violation of these Terms or in violation of applicable law.
We may use third parties to provide services accessible through the Website. These third parties may have their own terms of service with which you must comply. If any such terms or policies conflict with these Terms, you must comply with these Terms, and such other agreements and policies, as applicable.
Accuracy of Information
We make attempts to ensure the accuracy of this Website; however, we make no representations, warranties, or guarantees as to the correctness of the Website, Services, or Content. It is possible that the Website could include inaccuracies and errors. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or Content posted to the Website from any third party not affiliated with Sauna Party, LLC. We reserve the right to modify the organization or "look and feel" of the Website or Services, and may change, suspend, or discontinue any aspect of the Website or Services at any time without any liability to you or any third party. We shall have complete and exclusive discretion over the features, functions, prices, and other terms and conditions on which the Website and Services are offered to you.
Severability & Modifications
We reserve the right to make changes to these Terms and Conditions. We will notify you of any material changes by sending you an email or posting a notice on the home page of the Website. Your continued use of the Website following posting of a change notice or new Terms on the Website will constitute binding acceptance of the changes.
All items purchased through this Website are made pursuant to a shipment contract. Title and risk of loss for all products ordered by you shall pass to you on our shipment to the shipping carrier. We reserve the right to ship partial orders.
Representations & Warranties
You represent and warrant to Sauna Party, LLC (i) that you have the full power and authority to enter into and perform under these Terms, (ii) the execution and performance of your obligations under these Terms does not constitute a breach of or conflict with any other agreement by which you are bound, and (iii) these Terms are a legal and binding obligation of you, enforceable in accordance with its terms and conditions. You represent and warrant to Sauna Party, LLC that, in your use of the Website and Services, (i) you will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other legal right of any third party; (ii) you will comply with all applicable laws, rules, and regulations.
For any indemnification under this Section, Sauna Party, LLC will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Sauna Party, LLC’s express written permission. You agree to indemnify and hold us, Sauna Party, LLC, and our affiliates, agents, officers, directors, managers, representatives, employees, and shareholders (the “Parties”) harmless from and against any damage, loss, and expense (including, without limitation, attorneys' fees, expenses, and costs) incurred in connection with any third-party claim, demand, or action ("Claim") brought against any of the Parties (i) alleging that you have breached any provision of these Terms or any applicable laws, rules, or regulations through any act or omission, (ii) arising out of your use or access of the Website.
Disclaimers & Exclusions
SAUNA PARTY, LLC PROVIDES THE WEBSITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SAUNA PARTY, LLC DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES, OR ITS USE: (I) WILL BE UNINTERRUPTED; (II) WILL BE FREE OF INACCURACIES OR ERRORS; (III) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. SAUNA PARTY, LLC DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, WEBSITE-RELATED SERVICES, AND LINKED WEBSITES. SAUNA PARTY, LLC DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING.
Limitation of Liability
SAUNA PARTY, LLC AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF SAUNA PARTY, LLC TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE IS $100 (ONE HUNDRED DOLLARS).
All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by any of the following methods: (i) electronic mail; (ii) nationally-recognized overnight courier; or (iii) U.S. mail.