TERMS & CONDITIONS
Sivana Passport is available to customers in any state in the United States and the District of Columbia; United States territories are excluded. Sivana Passport purchasers receive free standard shipping on all eligible orders placed on sivanaspirit.com and shipped to addresses in the United States and the District of Columbia for 1 year (12 months) from the date of purchase.
PURCHASING AND USING SIVANA PASSPORT
Customers need to have a registered SivanaSpirit.com account to purchase Sivana Passport and must be logged in to their account to use it. Purchase and use of Sivana Passport is subject to these terms and conditions. Additionally, $10 will be awarded to your Sivana Rewards account upon purchase.
FINAL SALE & TERM
Purchases of Sivana Passport are a final sale and cannot be cancelled or returned. At the end of the 12-month term, Sivana Passport expires automatically and must be purchased again.
EXCLUSIONS
Discounts and coupons do not apply to the purchase of Sivana Passport. Once purchased, customers must be logged in to their SivanaSpirit.com account to use Sivana Passport and receive free standard shipping on eligible purchases.
PERSONAL USE ONLY
Sivana Passport is strictly for personal use only and must not be used for business, resale or wholesale purposes. There is no order limit, but ordering beyond what would reasonably be expected of someone using the service for personal use is prohibited.
TERMINATION AND SUSPENSION
We may terminate a Sivana Passport at any time and for any reason; the customer will be given a prorated refund based on the number of full months left in the term. A refund will not be given if Sivanasuspects or discovers (in our sole discretion) that use of Sivana Passport has been in breach of these terms and conditions; and/or has been for business, resale or wholesale purposes, or for any purpose other than can be reasonably expected of someone using the service for personal use; and/or involves fraud or misuse or is otherwise detrimental to Sivana’s interests. If Sivana suspects or discovers such conduct, we may suspend or terminate a Sivana Passport at any time and for any reason, refuse or cancel order(s) or close or freeze the Sivana customer account (and associated accounts) even if we have previously confirmed an order. Affected customer(s) will be contacted at the email associated with their Sivana account if this occurs.
LIMITATION OF LIABILITY
In addition to other limitations and exclusions in Sivana’s Terms of Use, our total liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed the last purchase price you paid for Sivana Passport. This limitation of liability will apply to the fullest extent permitted by law and will survive termination of your Sivana Passport.
DISPUTES
Any dispute or claim relating in any way to these Terms or your use of Sivana Passport, or to any products or services sold by Sivana or through sivanaspirit.com will be resolved by arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.
The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Sivana must do the following:
Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a "Demand for Arbitration" at www.jamsadr.com; send three copies of the "Demand for Arbitration", plus the appropriate filing fee to your local JAMS office or to JAMS, 401 B Street, Suite 2100, San Diego, CA 92101; and send one copy of the "Demand for Arbitration" to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under these Terms shall be held in the United States in San Diego, California under California law without regard to its conflict of laws provisions. If traveling to San Diego, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Sivana, and the dispute 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 Arbitration Rules, and these Terms. 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 us.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff, or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
CHANGES TO TERMS & CONDITIONS
Sivana reserves the right to refuse a Sivana Passport purchase. Sivana may change or modify these terms and conditions at any time. Please check this page periodically for updates. If material changes are made to these terms and conditions, Sivana will notify Sivana Passport purchasers via the email associated with their Sivana account. All other sivanaspirit.com terms and conditions apply.