Terms And Conditions Of Use
My Open Heart strives to provide the most current, accurate and useful information available on its website (the “Site”). However, information the Site may contain typographical errors or inaccuracies and may not be complete or current. My Open Heart therefore reserves 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. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information. We sincerely apologize for any inconvenience.
You may simply browse the Site, or you may register with My Open Heart and create an “Account”. You do not have to have an Account to order Products. You must, however, only provide us with true, accurate, current and complete information for your Account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).
2. Account Information
- Order Acceptance. When you place an Order, we will confirm your address by sending an email to the email address you have provided and/or calling you to verify your Order. Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. Your Order will be deemed accepted by My Open Heart upon our shipment of the Products that you have ordered. We may require additional verifications or information before accepting any Order. All Products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the Products passes to you when My Open Heart provides the Product(s) to a common carrier. Any estimated shipping date provided by My Open Heart is based on Product availability and payment processing time, and does not include transit time.
- Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, My Open Heart reserves the right to cancel your order and provide you a refund for the amount paid for the Product.
- Returns and Exchanges. All sales of Products are subject to our then-current return policies, as posted on the Site and made available to you when you placed an Order through our Site. The most current version of the return and exchange policy is available at https://www.myopenheart.us/shipping-and-returns.html.
- Restrictions on Resale. To protect the intellectual property rights of My Open Heart and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. My Open Heart reserves the right to decline any order that we deem to possess characteristics of reselling. My Open Heart actively protects its intellectual property rights and will not hesitate to do so upon learning of any unauthorized resale of its Products.
- International Importation. For Canadian, UK and EU customers, this wording is required to appoint you as the importer for the goods and to authorize our customs broker to import the goods on your behalf. As the goods are being shipped from outside Canada, the UK or EU, you, and not My Open Heart, will be the importer of the goods into your country and will be liable to pay any taxes, GST, VAT and/or customs duties due on the goods. To make things easier for you and to speed up the delivery of your order, we have arranged for our customs broker to act on your behalf to import the goods and deal with any customs formalities (e.g. file any customs declarations). You agree to our customs broker dealing with customs formalities and paying any taxes, GST, VAT and/or customs duties in your name and on your behalf. You acknowledge that these taxes and charges are already included in the order total set out at check-out and charged to my payment method.
4. Fees and Purchase Terms
- Payment. To pay for an Order, you will need to provide My Open Heart with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such Order. You may pay for your Order via credit card or any other manner then available on the Site, including but not limited to through Affirm, PayPal, Google Pay or Amazon Pay (each, a “Payment Provider”). By submitting your payment information, you are making payment for your Order and authorize us to charge the applicable Payment Provider at our convenience but within thirty (30) days of credit card authorization. You represent and warrant that you will not use any Payment Provider unless you have all necessary authorization to do so. We assume that because Orders require a valid credit card, only persons age 18 or over are placing Orders, and providing us with the information requested during the Order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so under your supervision); however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
- Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes cannot be purchased. Promo Codes may only be used once per person. Only Promo Codes sent to you through official My Open Heart communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.
5. Pricing and Products
- We make reasonable efforts to display our Products and their colors as accurately as possible. Having said that, the displayed colors of the Products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out-of-stock or discontinued, and prices are subject to change prior to submission of an Order. We cannot confirm the price of an item until prior to you paying for the Order. Despite our best efforts, a small number of the items on our Site may be mispriced. To the extent permitted by applicable law, we are not responsible for typographical errors regarding price or any other matter and reserve the right to correct any such errors at any time. All prices do not include shipping and handling, GST, VAT, sales taxes, or any customers charges or duties (including brokerage fees) which, if applicable, will be added to your total purchase price prior to you paying for the Order. You are responsible for the payment of any shipping and handling charges, state, GST, VAT, provincial and local sales or use taxes, and customs charges or duties (including brokerage fees) that may apply to your Order.
My Open Heart is not responsible for errors or omissions related to customer input and confirmation of embroidery. The Customer is responsible for typing correctly, as well as confirming, the exact spelling, spacing, capitalizations and title that should appear with their order. Embroidery information should be reviewed by the Customer on both the order entry/shop pages and the order confirmation pages. If a Customer placed a My Open Heart or My Open Heart Men’s order at a medical conference, the Customer is responsible for reviewing embroidery information with confirmation at both the medical conference site and upon receiving the order confirmation via email. Errors made by the embroidery company or the fault or My Open Heart will be corrected at our expense. Embroidered items may not be returned or exchanged.
- The My Open Heart text mark, the My Open Heart logo, “Modern Luxury in Medical Apparel” and “Elevate Your Appearance” are registered trademarks and logos of My Open Heart, LLC. All other marks are the trademarks of their respective owners and/or patent holders.
- Third-Party Materials.As a part of the Site and/or Services, you may have access to materials that are hosted by another party. You agree that it is impossible for My Open Heart to monitor such materials and that you access these materials at your own risk.
8. Rules Regarding Information and Other Content
When you access the Site and/or Services, you obtain access to various kinds of information and materials, all of which we call “Content.” You agree not to revise Content posted by others, and you represent and warrant that you will not post any Content in any manner that:
- Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- Violates the applicable privacy, publicity, or other rights of third parties or any other applicable law, statute, ordinance or regulation;
- Is false or inaccurate or becomes false or inaccurate at any time;
- Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
- Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- Misrepresents your identity in any way;
- Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Advocates or encourages any illegal activity; or
- Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
However, when you as a user post or publish Content that you upload, post, e-mail, transmit or otherwise make available on the Site (“Your Content”), you grant My Open Heart a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, create derivative works from, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Site. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not My Open Heart, are responsible for all of Your Content on the Site.
All contents of the Site are: Copyright © My Open Heart and/or its suppliers, c/o My Open Heart, 8851 Garden Grove Blvd., Suite 103 Garden Grove, CA 92844 USA. All rights reserved.
9. General Rules of User Conduct
It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit the Products or any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:
- Conduct or promote any illegal activities while using the Site or Services;
- Upload, distribute or print anything that may be harmful to minors;
- Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the Site or Services to generate unsolicited email advertisements or spam;
- Use the Site or Services to stalk, harass or harm another individual;
- Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
- Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
- Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
- Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products, the Site or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our Products, Site and Services and that you will not be due any compensation, including any royalty related to the Product or Service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.
- DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW TO THE CONTRARY, THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY My Open Heart “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MY OPEN HEART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR COLLATERAL, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF QUALITY, DURABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
11. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO SELL THE PRODUCTS AND PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND SUBJECT TO ANY NON-EXCLUDABLE CONSUMER RIGHTS YOU MAY HAVE, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES OR USE OF THE PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO YOUR NON-EXCLUDABLE CONSUMER RIGHTS BELOW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE, THE SERVICES OR THE PRODUCTS IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE TOTAL AMOUNT OF THE PRODUCT ORDER(S) GIVING RISE TO OUR LIABILITY AND (II) FIFTY DOLLARS (U.S. $50.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability, including for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or condition or guarantee or limit liabilities, the scope and duration of such warranty or condition or guarantee and the extent of our liability will be the minimum permitted under such applicable law.
13. Procedure for Making Claims of Copyright Infringement
It is My Open Heart’s policy to terminate Site privileges of any user who repeatedly infringes copyright upon prompt notification to My Open Heart by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site and/or Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Site and/or Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for My Open Heart’s Copyright Agent for notice of claims of copyright infringement is as follows: My Open Heart LLC, Attn: Legal, 8851 Garden Grove Blvd., Suite 103 Garden Grove, CA 92844, firstname.lastname@example.org.
14. Electronic Communications
15. International Users
This Site can be accessed from countries around the world and may contain references to services and Products that are not available in your country. These references do not imply that My Open Heart intends to announce such services or Products in your country. The Site and Services are controlled and offered by My Open Heart from its facilities in the United States of America. My Open Heart makes no representations that the Site or the Products are available for use in other locations. Those who access or use the Site or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
4. Dispute Resolution, Mandatory Arbitration, Class Action and Jury Trial Waiver. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with My Open Heart and limits the manner in which you can seek relief from us. The terms “My Open Heart,” “we” or “us” when used in this Arbitration Agreement are defined to include the My Open Heart Parties.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site, to any Products sold or distributed through the Site, to any of our advertising for the Site or the Products, or to this Agreement, or to any aspect of your customer relationship with My Open Heart, will be resolved by binding arbitration, rather than in court, except that (1) you or we may assert claims in small claims court if the claims qualify and remain solely in such court; and (2) you or My Open Heart may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to (A) determine the scope and enforceability of this Arbitration Agreement and (B) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and My Open Heart. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and My Open Heart.
- Waiver of Jury Trial. YOU AND MY OPEN HEART HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and My Open Heart are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then that claim for relief, and only that claim for relief, must be severed from the arbitration and brought into the state or federal courts located in Los Angeles County, California. All other claims shall be arbitrated.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: email@example.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your My Open Heart username (if any), the email address you used to set up your My Open Heart account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with any of the My Open Heart Parties, or that may enter into in the future, with any My Open Heart Parties.
- Severability. Except as provided below, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of the Agreement or the termination of your relationship with My Open Heart.
18. Governing Law
19. Choice of Language
20. Export Control
To the maximum extent permissible under applicable law, you may not use, export, import, or transfer any Products or My Open Heart materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Products or My Open Heart materials, and any other applicable laws. In particular, but without limitation, to the maximum extent permissible under applicable law, the Products or My Open Heart materials may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Products or My Open Heart materials, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Products or My Open Heart materials for any purpose prohibited by U.S. or other applicable law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by My Open Heart are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer My Open Heart products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
22. Force Majeure
Without limiting the foregoing, under no circumstances will My Open Heart be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of transportation facilities, fuel, energy, labor or materials, fires, floods, storms, explosions, acts of God, pandemics, war, acts of civil or military authorities, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
26. Consumer Complaints
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
28. Entire Agreement
Last updated: June 15, 2020