Terms of service
TERMS OF SERVICE
Last Updated: April 20th, 2026
1. ACCEPTANCE OF TERMS
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Architecture Mates, LLC, doing business as The Sauna Heater ("The Sauna Heater," "Company," "we," "us," or "our"). These Terms govern your access to and use of the website located at https://thesaunaheater.com (the "Site"), as well as any related services, applications, content, and products offered by us (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, PURCHASING PRODUCTS, OR OTHERWISE ENGAGING WITH OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES INCORPORATED BY REFERENCE, INCLUDING OUR PRIVACY POLICY, COOKIE POLICY, RETURN AND REFUND POLICY, SHIPPING POLICY, AND WARRANTY AND PRODUCT DISCLAIMERS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES.
NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER: THESE TERMS CONTAIN A MANDATORY BINDING ARBITRATION PROVISION AND A CLASS ACTION AND MASS ARBITRATION WAIVER IN SECTION 18. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THAT SECTION, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND THE SAUNA HEATER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY MASS OR COORDINATED ARBITRATION PROCEEDING.
2. ELIGIBILITY
By using the Site, you represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into these Terms. If you are using the Site on behalf of a business, entity, or organization ("Business User"), you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" will refer to that entity. Business Users acknowledge that the consumer protection provisions of these Terms, including but not limited to the arbitration provisions, apply only to individual consumers and not to purchases made for commercial resale, incorporation into commercial facilities, or other business use.
3. CONSENT TO ELECTRONIC COMMUNICATIONS
By accessing the Site, creating an account, or placing an order, you consent to receive electronic communications from us, including order confirmations, shipping notifications, promotional emails, policy updates, and legal notices. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive promotional emails at any time by following the unsubscribe instructions in those emails, but you cannot withdraw consent to receive transactional or legal communications while you maintain an account or have an open order.
4. PRODUCTS AND SERVICES
4.1 Product Descriptions
We strive to display our products, including sauna heaters, sauna kits, steam generators, cold plunges, and accessories, as accurately as possible. We do not warrant that product descriptions, images, specifications, or other content on the Site are entirely accurate, complete, reliable, current, or error-free. Colors, finishes, and dimensions may vary depending on your monitor, device, or measurement method.
4.2 Pricing and Availability
All prices are listed in U.S. Dollars (USD) and are subject to change without notice. We reserve the right to modify or discontinue any product or service at any time without liability. In the event of a pricing error, whether due to typographical error, technical glitch, or supplier error, we reserve the right to cancel any orders placed at the incorrect price, regardless of whether the order has been confirmed and your payment method charged. If your payment method has already been charged for a canceled order, we will issue a credit to your original payment method in the amount of the incorrect charge.
4.3 Order Acceptance and Cancellation
Your placement of an order constitutes an offer to purchase, not acceptance of your order. We reserve the right to accept or reject any order in our sole discretion, including for product unavailability, errors in product or pricing information, suspected fraud, or violation of these Terms. We may limit or cancel quantities purchased per person, per household, or per order. For additional detail regarding cancellations initiated by you, see our Return and Refund Policy.
4.4 Business Program and Commercial Purchases
If you participate in our Business Program (including tiered pricing, custom orders, or priority services), the terms of that program supplement these Terms. In the event of conflict between these Terms and the specific terms of the Business Program, the Business Program terms control with respect to your commercial purchases. Business Program participants acknowledge that consumer protection statutes applicable to individual retail consumers may not apply to commercial transactions, and that our liability to Business Program participants is governed solely by these Terms, the specific Business Program terms, and applicable commercial law.
4.5 Chargebacks and Payment Disputes
You agree to contact us at support@thesaunaheater.com and exhaust the return, refund, and dispute resolution procedures set forth in these Terms, our Return and Refund Policy, and Section 18 before initiating any chargeback, payment dispute, or reversal with your credit card issuer, bank, or payment provider ("Chargeback"). Filing a Chargeback without first exhausting these procedures constitutes a material breach of these Terms.
(a) Consent to Jurisdiction. By initiating a Chargeback, you expressly consent to personal jurisdiction and venue in the state and federal courts located in New Castle County, Delaware, and in the Justice of the Peace Court in New Castle County, Delaware, for any breach of contract, fraud, or collection action initiated by The Sauna Heater arising out of or related to the Chargeback.
(b) Administrative Fee. If you file a Chargeback without first exhausting the mandatory return, refund, and dispute resolution procedures in these Terms (including the informal resolution process in Section 18.1), you agree to pay a liquidated administrative fee of $250.00 (the "Chargeback Fee"). This Chargeback Fee represents a reasonable pre-estimate of the internal costs The Sauna Heater incurs to compile transaction records, shipping documentation, delivery confirmation, and other evidence required to respond to a Chargeback, and is not intended as a penalty. If our actual costs to respond to the Chargeback exceed the Chargeback Fee, we reserve the right to recover the actual costs incurred in accordance with Section 18.9.
(c) Acknowledgment. YOU UNDERSTAND AND AGREE THAT YOUR TOTAL LIABILITY FOR AN IMPROPER CHARGEBACK, INCLUDING THE CHARGEBACK FEE, COSTS OF COLLECTION, AND ATTORNEYS' FEES UNDER SECTION 18.9, MAY SUBSTANTIALLY EXCEED THE ORIGINAL PURCHASE AMOUNT OF THE PRODUCT.
5. ASSUMPTION OF RISK AND SAFETY WARNINGS
WARNING: SAUNAS, SAUNA HEATERS, STEAM GENERATORS, AND RELATED EQUIPMENT INVOLVE EXTREME HEAT (UP TO 230 DEGREES FAHRENHEIT), HIGH VOLTAGE ELECTRICITY (UP TO 240V AND 75 AMPS), AND POTENTIAL EXPOSURE TO WATER IN PROXIMITY TO ELECTRICAL COMPONENTS. WOOD-BURNING STOVES PRESENT FIRE RISK. GAS HEATERS PRESENT GAS LEAK AND EXPLOSION RISK. STEAM GENERATORS PRESENT BURN RISK. COLD PLUNGES PRESENT HYPOTHERMIA RISK. IMPROPER INSTALLATION, USE, OR MAINTENANCE CAN RESULT IN SEVERE PERSONAL INJURY, BURNS, ELECTROCUTION, FIRE, CATASTROPHIC PROPERTY DAMAGE, OR DEATH.
5.1 Professional Installation Required
You acknowledge and agree that all electrical products, including electric sauna heaters, control panels, sensors, and steam generators, must be installed by a licensed, certified, and insured electrician in strict accordance with (a) the manufacturer's installation manual and (b) all applicable local, state, and national electrical codes, including the National Electrical Code (NEC). All steam generators and products requiring water lines or drainage must be installed by a licensed, certified, and insured plumber in accordance with applicable plumbing codes. You must strictly adhere to all manufacturer-specified safety clearances to combustible materials and ventilation requirements.
THE SAUNA HEATER STRICTLY PROHIBITS THE DO-IT-YOURSELF (DIY) INSTALLATION OF ELECTRICAL OR PLUMBING COMPONENTS. FAILURE TO USE LICENSED PROFESSIONALS FOR INSTALLATION MAY VOID ALL MANUFACTURER WARRANTIES AND CONSTITUTES A MATERIAL BREACH OF THESE TERMS.
5.2 Health and Medical Disclaimer
The information provided on the Site, including any content on our YouTube channel, Sauna Academy blog, Sauna Society community, or during consultations related to the potential health, wellness, or therapeutic benefits of saunas, heat therapy, cold plunges, or other wellness products, is for informational and educational purposes only. It is not intended as, and must not be construed as, medical advice, diagnosis, or treatment. We are not healthcare professionals. You should consult with a qualified physician or other healthcare provider before using a sauna, steam room, or cold plunge, particularly if you are pregnant or nursing, have a history of heart disease, high or low blood pressure, circulatory issues, diabetes, or neuropathy, are taking prescription medications that affect heart rate or blood pressure or induce drowsiness, or have a history of dizziness, fainting, or seizures.
5.3 HSA/FSA Purchases
While we may facilitate purchases using Health Savings Account (HSA) or Flexible Spending Account (FSA) funds through third-party partners such as Truemed, we make no representations or warranties regarding the eligibility of any product for HSA/FSA reimbursement. The issuance of a Letter of Medical Necessity (LMN) is solely between you and the independent healthcare provider. We are not a healthcare provider and do not issue LMNs. You are solely responsible for ensuring compliance with your specific HSA/FSA plan requirements and applicable tax laws.
5.4 Consultation and Educational Content Disclaimer
We provide educational content (including YouTube videos, blog posts, and Sauna Academy articles) and consultation services (both free 30-minute product consultations and paid 45-minute design consultations) to assist customers in selecting products and planning sauna builds.
All advice, recommendations, and guidance provided by our staff or through our content are provided "AS IS" and for general informational purposes only. While we strive to provide accurate and helpful information based on Finnish sauna traditions and general industry practices, our staff members are not licensed architects, licensed structural engineers, licensed general contractors, or local code enforcement officials. Our consultations do not constitute professional architectural, engineering, or construction advice.
You are solely responsible for: (a) ensuring that your sauna design and build comply with all applicable local building codes, zoning laws, HOA requirements, and safety regulations, (b) engaging local licensed contractors, architects, or engineers to verify design plans before beginning construction, and (c) obtaining all required permits and inspections. The Sauna Heater assumes no liability for any structural failures, code violations, permit issues, or damages resulting from your reliance on our educational content or consultations.
6. USER ACCOUNTS
To access certain features of the Site, you may be required to register for an account. You agree to: (a) provide accurate, current, and complete information during registration, (b) maintain and update your information to keep it accurate, current, and complete, (c) maintain the security and confidentiality of your password, and (d) accept responsibility for all activities that occur under your account. You agree to notify us immediately at support@thesaunaheater.com of any unauthorized use of your account. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.
7. INTELLECTUAL PROPERTY
All content on the Site, including text, graphics, logos, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, the "Content"), is the property of The Sauna Heater, its affiliates, or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Content for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content without our prior written consent, except that you may download one copy of Content solely for your personal, non-commercial use, provided you do not modify the Content and retain all copyright and proprietary notices.
8. USER CONDUCT
You agree not to use the Site or Services to:
(a) Violate any applicable federal, state, local, or international law or regulation.
(b) Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or that may harm The Sauna Heater or users of the Site.
(c) Impersonate or attempt to impersonate The Sauna Heater, any employee of The Sauna Heater, another user, or any other person or entity.
(d) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(e) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
(f) Use any robot, spider, scraper, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any Content.
8A. USER-GENERATED CONTENT
8A.1 Definitions
"User-Generated Content" or "UGC" means any content you submit, post, upload, publish, or otherwise make available through or in connection with the Site or our Services, including product reviews, ratings, testimonials, photographs, videos, comments, questions, forum posts, community contributions (including posts on our Sauna Society community hosted on Skool or any successor platform), social media mentions or posts in which you tag or reference The Sauna Heater, and any other content you voluntarily provide to us.
8A.2 License Grant
By submitting UGC, you grant to Architecture Mates, LLC dba The Sauna Heater a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide license to use, reproduce, modify, adapt, translate, create derivative works from, distribute, display, perform, and otherwise exploit your UGC, in whole or in part, in any media or format now known or hereafter developed, for any commercial or non-commercial purpose, including advertising, marketing, promotion, product development, and the operation and improvement of the Site and Services. This license survives the termination of your account or your relationship with us.
8A.3 Representations and Warranties
By submitting UGC, you represent and warrant that: (a) you are the original creator of the UGC or have obtained all necessary rights, licenses, and permissions to grant the license described in Section 8A.2, (b) the UGC does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights, (c) the UGC is truthful, accurate, and based on your honest opinion and genuine experience, (d) you have not received compensation from any third party for your UGC unless clearly disclosed, and (e) the UGC complies with all applicable laws and regulations, including the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255).
8A.4 No Obligation
We are under no obligation to publish, display, or retain any UGC. We reserve the right, but not the obligation, to monitor, screen, edit, remove, or refuse to post any UGC at our sole discretion, for any reason, including UGC that we determine in our sole judgment violates these Terms, is factually inaccurate, is obscene or offensive, contains personal information about a third party, or could expose us to liability.
8A.5 No Compensation
You acknowledge and agree that you are not entitled to any compensation, credit, or notice for any use of your UGC by The Sauna Heater, except where separately agreed in a written influencer, ambassador, or similar agreement.
8A.6 Waiver of Moral Rights
To the fullest extent permitted by applicable law, you irrevocably waive any and all moral rights, rights of attribution, rights of integrity, and any other similar rights recognized under applicable law with respect to UGC you submit. You agree that The Sauna Heater may use your UGC without attributing authorship to you, and may modify your UGC as reasonably necessary for formatting, presentation, or editorial purposes.
8A.7 Removal Requests
If you wish to request the removal of specific UGC you have submitted, you may contact us at support@thesaunaheater.com. We will make commercially reasonable efforts to remove the identified content from the Site within a reasonable timeframe, but we are not obligated to remove UGC that has been republished by third parties, cached by search engines, or otherwise distributed beyond the Site. The license you granted in Section 8A.2 shall survive removal of the UGC from the Site.
8A.8 Third-Party Platforms
UGC submitted through third-party platforms (including Skool, Google Reviews, Facebook, Instagram, or YouTube) is also subject to the terms of service of those platforms. In the event of conflict between these Terms and a third-party platform's terms regarding your UGC, these Terms govern the relationship between you and The Sauna Heater, while the third-party platform's terms govern your use of that platform.
9. THIRD-PARTY LINKS AND TOOLS
The Site may contain links to third-party websites or services that are not owned or controlled by The Sauna Heater, including manufacturer websites, community platforms (e.g., Skool), and payment processors (e.g., Truemed). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that The Sauna Heater is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services.
10. PRIVACY
Your use of the Site is also governed by our Privacy Policy and our Cookie Policy, each of which is incorporated into these Terms by reference. Please review those policies to understand our practices regarding the collection, use, and disclosure of your personal information and our use of cookies and tracking technologies.
10A. ACCESSIBILITY
The Sauna Heater is committed to ensuring that the Site is accessible to individuals with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. For details regarding our accessibility efforts, known limitations, and how to report accessibility barriers or request alternative access, please review our Accessibility Statement.
11. DISCLAIMER OF WARRANTIES
THE SITE, SERVICES, AND ALL PRODUCTS OFFERED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SAUNA HEATER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE SAUNA HEATER DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
MANUFACTURER WARRANTIES: THE SAUNA HEATER IS A RETAILER AND DISTRIBUTOR, NOT THE MANUFACTURER, OF THE MAJORITY OF PRODUCTS SOLD ON THE SITE. ANY WARRANTIES PROVIDED FOR PRODUCTS SOLD ON THE SITE ARE PROVIDED SOLELY BY THE RESPECTIVE MANUFACTURER OF THAT PRODUCT IN ACCORDANCE WITH THE MANUFACTURER'S OWN WARRANTY TERMS. THE SAUNA HEATER DOES NOT ADOPT, ENDORSE, EXTEND, OR GUARANTEE ANY MANUFACTURER WARRANTY. FOR ADDITIONAL DETAIL, SEE OUR WARRANTY AND PRODUCT DISCLAIMERS POLICY.
IMPORTANT NOTICE REGARDING CONSUMER WARRANTIES: TO THE EXTENT THAT ANY PRODUCT SOLD ON THE SITE IS ACCOMPANIED BY A WRITTEN WARRANTY FROM THE MANUFACTURER, NOTHING IN THESE TERMS IS INTENDED TO DISCLAIM OR MODIFY THE IMPLIED WARRANTIES THAT ACCOMPANY SUCH WRITTEN WARRANTY UNDER THE MAGNUSON-MOSS WARRANTY ACT, 15 U.S.C. SECTIONS 2301-2312, OR APPLICABLE STATE LAW. ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED IN DURATION TO THE DURATION OF THE APPLICABLE MANUFACTURER'S WRITTEN WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
IMPORTANT: NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (ii) CLAIMS ARISING FROM A DEFECTIVE PRODUCT TO THE EXTENT SUCH LIABILITY CANNOT BE DISCLAIMED UNDER APPLICABLE STRICT PRODUCT LIABILITY LAW, (iii) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (iv) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THE LIMITATIONS BELOW APPLY ONLY TO THE EXTENT PERMITTED BY LAW AND ARE SUBJECT TO THESE CARVE-OUTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARCHITECTURE MATES LLC DBA THE SAUNA HEATER, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS (COLLECTIVELY, THE "COMPANY PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
(a) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR SERVICES;
(b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE;
(c) ANY PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM THE INSTALLATION, USE, MISUSE, OR MALFUNCTION OF SUCH PRODUCTS (SUBJECT TO THE CARVE-OUTS STATED ABOVE);
(d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(e) ANY RELIANCE PLACED BY YOU ON ANY EDUCATIONAL CONTENT, CONSULTATIONS, OR ADVICE PROVIDED BY THE COMPANY PARTIES; OR
(f) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE) EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO THE SAUNA HEATER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. THIS CAP DOES NOT APPLY TO THE NON-WAIVABLE CARVE-OUTS IDENTIFIED ABOVE.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Architecture Mates, LLC dba The Sauna Heater, its affiliates, and their respective directors, officers, employees, agents, contractors, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and costs of investigation) arising out of or relating to:
(a) Your violation of these Terms or any policy incorporated by reference;
(b) Your use of the Site or Services;
(c) Your installation, use, or misuse of any product purchased from the Site, including any claims brought by third parties (including guests, family members, tenants, invitees, or subsequent purchasers) for personal injury, death, or property damage;
(d) Your failure to engage licensed professionals (including electricians, plumbers, and contractors) for the installation, modification, or repair of products requiring such expertise;
(e) Your failure to comply with any applicable building codes, zoning laws, permit requirements, or safety regulations in connection with your use of our products;
(f) Your violation of any rights of a third party; or
(g) Your violation of any applicable laws, rules, or regulations.
This indemnification obligation survives the termination of these Terms and your use of the Site.
14. DMCA COPYRIGHT NOTICE AND AGENT
If you believe that any content on the Site infringes your copyright, please provide a written notification to our designated Copyright Agent containing: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work you claim has been infringed, (c) identification of the material on the Site that you claim is infringing, with sufficient detail for us to locate it, (d) your address, telephone number, and email address, (e) a 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 (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our designated Copyright Agent for notice of claims of infringement is:
Architecture Mates, LLC dba The Sauna Heater
Attn: Copyright Agent
131 Continental Dr, Suite 305
Newark, DE 19713
Email: info@thesaunaheater.com
15. GOVERNING LAW
These Terms and any separate agreements pursuant to which we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
For any dispute, claim, or cause of action that is not subject to arbitration under Section 18, or that is exempted from arbitration under Section 18.6, you agree to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware. You consent to personal jurisdiction in those courts and waive any objection based on inconvenient forum, improper venue, or lack of personal jurisdiction. You waive any right to a jury trial for any claim or cause of action arising out of or related to these Terms, the Site, or any product purchased through the Site, to the fullest extent permitted by applicable law.
16. SAFETY RECALLS AND CONSUMER PRODUCT SAFETY
If any product sold through the Site becomes the subject of a recall, safety alert, or corrective action initiated by the manufacturer or the U.S. Consumer Product Safety Commission (CPSC), we will make commercially reasonable efforts to notify affected customers using the contact information on file. You agree to cooperate with any recall or corrective action, including ceasing use of the affected product and following the manufacturer's instructions. You are encouraged to register your products with the manufacturer and to monitor the CPSC recall database at https://www.cpsc.gov/Recalls for safety information.
17. CONTRACTUAL LIMITATIONS PERIOD
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, ANY PRODUCT PURCHASED THROUGH THE SITE, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED. This provision does not apply to claims for personal injury or death, which are governed by the applicable statute of limitations in the relevant jurisdiction.
18. DISPUTE RESOLUTION: BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
18.1 Initial Dispute Resolution
We are available by email at support@thesaunaheater.com to address any concerns regarding your use of the Site or our products. Most concerns can be resolved through informal communication. Before initiating any formal proceeding, you and The Sauna Heater agree to attempt to resolve any dispute, claim, or disagreement through good-faith consultation and negotiation for a period of at least thirty (30) days. To initiate this process, the complaining party must send a written notice describing the nature and basis of the claim and the specific relief sought to the other party ("Notice of Dispute"). Notices to The Sauna Heater should be sent to: Architecture Mates, LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, Attn: Legal, with a copy to info@thesaunaheater.com. This informal resolution process is a mandatory precondition to either party initiating arbitration or litigation.
18.2 Agreement to Binding Arbitration
If the parties do not reach an agreed-upon resolution within thirty (30) days of receipt of the Notice of Dispute, then either party may initiate binding arbitration.
ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS (INCLUDING THEIR FORMATION, PERFORMANCE, AND BREACH), THE PARTIES' RELATIONSHIP WITH EACH OTHER, YOUR USE OF THE SITE, ANY PRIVACY OR DATA SECURITY CLAIMS (INCLUDING CLAIMS ARISING UNDER THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA/CPRA), THE CALIFORNIA INVASION OF PRIVACY ACT (CIPA), THE VIDEO PRIVACY PROTECTION ACT (VPPA), ANY STATE WIRETAPPING OR ELECTRONIC SURVEILLANCE STATUTE, OR ANY OTHER FEDERAL OR STATE PRIVACY LAW), AND/OR ANY PRODUCTS PURCHASED FROM THE SAUNA HEATER SHALL BE FINALLY SETTLED BY BINDING ARBITRATION.
The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules then in effect, excluding any rules or procedures governing or permitting class or mass actions. If the AAA is unavailable, the parties shall agree on an alternative arbitration forum, or, failing agreement, a court shall appoint one. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be in writing, shall include findings of fact and conclusions of law, and shall be binding on the parties. Judgment on the award may be entered in any court of competent jurisdiction.
18.3 Arbitration Fees
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules. For claims of $10,000 or less, The Sauna Heater will reimburse your filing fees and pay the arbitrator's fees and expenses if the arbitrator finds that you cannot afford them or if you ask us to pay and we determine in good faith that it is appropriate. For claims exceeding $10,000, fees will be allocated in accordance with the AAA's rules.
18.4 Location of Arbitration
The arbitration will take place in New Castle County, Delaware, or, at your election, may be conducted by telephone, by video conference, or based solely on written submissions.
18.5 Class Action and Mass Arbitration Waiver
YOU AND THE SAUNA HEATER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS PROCEEDING.
Further, unless both you and The Sauna Heater agree otherwise in writing, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative, class, collective, or mass proceeding. This includes, without limitation, coordinated or "mass" arbitrations in which counsel for multiple claimants files or coordinates the filing of multiple individual arbitration demands simultaneously or in close succession.
MASS ARBITRATION PROCEDURES: If twenty-five (25) or more similar arbitration demands are filed against The Sauna Heater by or with the assistance of the same law firm, group of law firms, or organization within a 90-day period, the parties agree that this constitutes a "Mass Filing." In the event of a Mass Filing, the parties agree to the following bellwether process: (a) counsel for the claimants and counsel for The Sauna Heater shall each select fifteen (15) individual claims to proceed to arbitration as bellwether cases (for a total of thirty (30) bellwether cases), (b) the remaining claims shall be stayed pending resolution of the bellwether cases, (c) following the resolution of the bellwether cases, the parties shall engage in a single mediation of all remaining claims, and (d) if mediation does not resolve the remaining claims, the parties may agree to a further bellwether process or the remaining claims may proceed to individual arbitration. Filing fees for stayed claims will not be assessed until those claims are activated.
If this Class Action and Mass Arbitration Waiver provision is found to be unenforceable by a court of competent jurisdiction as to a particular claim or request for relief, then the entirety of this arbitration provision (Section 18) shall be deemed null and void as to that claim or request for relief only, and the parties shall proceed to litigate that claim in the state or federal courts located in New Castle County, Delaware.
18.6 Exceptions to Arbitration
Notwithstanding the foregoing: (a) either party may bring an individual action in the Justice of the Peace Court in New Castle County, Delaware, provided the claim falls within that court's jurisdictional limits, (b) either party may seek emergency equitable relief (such as a temporary restraining order or preliminary injunction) before the state or federal courts located in New Castle County, Delaware, to maintain the status quo pending arbitration, and (c) claims for injunctive relief to protect intellectual property rights may be brought in the state or federal courts located in New Castle County, Delaware.
18.7 Opt-Out Right
You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to: Architecture Mates, LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, Attn: Arbitration Opt-Out, within thirty (30) days of the date you first accept these Terms. Your notice must include your full name, mailing address, email address, and a clear statement that you wish to opt out of binding arbitration. If you opt out, neither you nor The Sauna Heater will be required to arbitrate disputes, and all disputes will be resolved in the state or federal courts in New Castle County, Delaware.
18.8 Survival
This arbitration provision shall survive the termination of these Terms, the closing of your account, and the completion or cancellation of any transaction.
18.9 Costs of Collection and Fee-Shifting
If The Sauna Heater prevails in any arbitration, litigation, or collection action arising from your breach of these Terms, including an improper Chargeback under Section 4.5, you agree to pay all actual costs of collection incurred by The Sauna Heater, including reasonable attorneys' fees, arbitration fees, filing fees, collection agency fees, costs of investigation, and all related expenses. YOU ACKNOWLEDGE AND AGREE THAT THESE LEGAL AND RECOVERY COSTS MAY SUBSTANTIALLY EXCEED THE ORIGINAL PURCHASE AMOUNT OF THE PRODUCT. This provision applies to claims pursued in arbitration, in the Justice of the Peace Court in New Castle County, Delaware, or in any state or federal court of competent jurisdiction in New Castle County, Delaware. This fee-shifting provision does not apply to claims you bring in good faith under applicable consumer protection statutes that independently provide for fee-shifting in favor of prevailing consumers.
19. FORCE MAJEURE
The Sauna Heater shall not be liable for any failure or delay in performing any obligation under these Terms (including shipping, delivery, or fulfillment obligations) if such failure or delay results from circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics or epidemics, government orders or restrictions, war, terrorism, civil unrest, labor disputes, carrier delays, supply chain disruptions, power outages, or internet or telecommunications failures. In the event of a force majeure, our obligations shall be suspended for the duration of the event, and the time for performance shall be extended accordingly. If a force majeure event continues for more than sixty (60) days, either party may cancel the affected order and receive a full refund.
20. GENERAL PROVISIONS
20.1 Assignment
You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
20.2 Waiver
No failure or delay by The Sauna Heater to exercise any right or remedy under these Terms shall operate as a waiver of that right or remedy. No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of The Sauna Heater.
20.3 Severability and Blue Pencil
If any provision of these Terms is determined by a court of competent jurisdiction or arbitrator to be unlawful, overbroad, or unenforceable, that provision shall be narrowed only to the extent strictly necessary to render it enforceable, and no further. The adjudicator shall not strike the provision in its entirety or rewrite it beyond the minimum modification required to cure the specific deficiency. All remaining provisions of these Terms shall continue in full force and effect. If the narrowing permitted by this subsection is not possible under applicable law, only the offending provision shall be severed, and all other provisions shall remain enforceable.
20.4 Entire Agreement
These Terms, together with our Privacy Policy, Cookie Policy, Return and Refund Policy, Shipping Policy, Warranty and Product Disclaimers, and any other policies or operating rules posted by us on the Site or provided at the time of purchase, constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
20.5 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms, except as expressly provided in the indemnification provisions hereof.
20.6 Export Compliance
The Site is intended for use within the United States. You are responsible for compliance with all local laws applicable to your use of the Site from outside the United States. We make no representation that products or content on the Site are appropriate or available for use in locations outside the United States.
21. CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms at any time by posting updates to the Site. We will indicate the date of the most recent revision at the top of this page. For material changes, we will make commercially reasonable efforts to notify you by email or by posting a prominent notice on the Site. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. You are encouraged to review these Terms periodically.
22. CONTACT INFORMATION
Questions about these Terms should be directed to:
Architecture Mates, LLC dba The Sauna Heater
131 Continental Dr, Suite 305
Newark, DE 19713
Email: info@thesaunaheater.com
Phone: 1-725-777-5484
Business Hours: Monday through Friday, 9:00 AM to 5:00 PM EST