Terms of Service

Responsible Use and Conduct

Please read the following terms and conditions (“the Terms”) carefully as they govern your use of the CANAVA website located at www.canava.co and all other sites, mobile sites, services, applications, platforms and tools where these Terms appear or are linked (collectively, the “Platform“). As used in these Terms CANAVA,” “The Company” “we,” “us,” or “our” refers to MICOLI, LLC, dba CANAVA, and its subsidiaries and affiliaxtes.

Our store is hosted on Squarespace, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Acceptance of Terms

By using any part of the Platform or accessing its Content (defined below), other than to review this agreement, you agree to comply with and be bound by the terms and all other policies referenced herein and/or available by hyperlink. For clarity, these Terms shall also (and without limitation) apply to your purchases including the purchase of any goods and/or services through the Platform (collectively, “Products”). In addition, some services adopted by the Company may be subject to additional terms and conditions which are incorporated into these Terms through this reference.

If you do not wish to be bound by these Terms, then you may not access the Platform or use any services.

Modification of Terms

We reserve the right and sole discretion to modify or remove portions of these Terms at any time without notice or liability. Any updates will be located on the top of this page under the “LAST UPDATED” header. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Please refer back to this page regularly to familiarize yourself with any modifications. Your continued use or access of the Platform after such updates affirms your acknowledgment and agreement to the current Terms.

Last updated 3/15/25

Account and Eligibility

You may be required to register for an account (your “Account”) with CANAVA in order to access certain features of our Platform. Your username and password are for your personal use only and should be kept confidential at all times, as such you agree to bear all responsibility for authorized or unauthorized activity that occurs under your Account. It is important that you provide us with accurate, complete, and updated information. Failure to notify us of any change in your eligibility to use the Platform shall constitute a breach of these Terms and may result in immediate termination of your account. If you suspect there has been any breach of security or unauthorized use of your Account you must immediately notify us in writing.

Use of the Platform is intended for adults, by agreeing to these Terms of Use, you affirm that you are at least the age of majority under applicable law in the country in which you reside. If you use the Platform, you represent and warrant either that you are at least 18 years old or that you are at least 13 years old and have your parent or guardian’s consent to the Agreement and use of this Site. The Platform is not intended for children under the age of 13 and no person under the age of 13 may use the Platform under any circumstances or for any reason.

Content and License

All the material within the www.canava.co Platform including but not limited to graphic, design elements, products, images, audio, texts, logos, trademarks, etc (collectively referred to as the “Content”) are protected by United States and International Copyright, trademark and other proprietary laws. The Content may be the exclusive property of MICOLI, LLC. or any of its subsidiaries (henceforth “CANAVA”) or portions of the Content may be made available to us through arrangements that we have with third parties.

You hereby have no rights in or to the Content, and you may not use reproduce, distribute, publish, transmit, make a derivative version from or based on, modify or sell any of the Content, either totally or partially, by any means or process in any way for public or commercial purpose (unless otherwise expressly permitted in this Agreement). You may not eliminate any reference to copyrights, trademarks or any other indication regarding intellectual property rights contained in the www.canava.co, or any other content included therein. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is strictly forbidden. If you violate any part of these Terms, your right to access and/or use the Content and Platform shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

Trademarks, service marks, and logos related with CANAVA (the “CANAVA Trademarks”) whether registered or not, that are displayed in connection with the Platform and the Products remain the exclusive property of MICOLI, LLC. Other company, product, and service names located on the Platform or otherwise used in connection with the Platform or Products may be trademarks or service marks owned by third parties (the “Third Party Trademarks”). You may not display or reproduce the CANAVA Trademarks or Third Party Trademarks on the Platform in any manner without the prior written consent of CANAVA, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Platform.

Optional Tool

To enhance your Platform experience we may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Third Party Links

CANAVA may include content from or links to third parties, or other resources on the Internet, and other websites, services or resources may contain links to the Platform (“External Sites”). In accessing these External Sites, you do so at your own risk, we are not responsible for the content, accuracy, function or any other aspect of those other websites or resources. The inclusion of links are provided solely as a convenience and does not imply any endorsement of the content or affiliation with the Company. You acknowledge and agree that we do not warrant and will not have any liability, directly or indirectly, for any harm, damage or loss caused or alleged to be caused by or in connection with any content, goods, resources, services any other transactions made available on or through any External Sites. Please review carefully the External Sites policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We may participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.

User Content

If you post, upload or make available to the Platform or otherwise submit to or through CANAVA as part of your use of the Platform, any information, data, text, images, files, links, chat, communication, or questions, comments, suggestions, ideas (collectively feedback) or other materials relating to your use of the Products (collectively, “Submissions”) including but not limited to Tagged Media (as defined below) (collectively “User Content”), you grant MICOLI, LLC and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to (and to allow others acting on its behalf to) use, copy, adapt, modify, prepare derivative works, reproduce, publish, feature, display, transmit, distribute, market, sell and otherwise use in whole or in part the User Content and your name, image, voice, likeness and/or other biographical information or material in connection with the User Content in all operations of the Platform or the promotion, advertising or marketing of the Services through any form/format, media channels (including, without limitation, in email, third-party websites) or technology now known or hereafter devised, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity.

We do not claim ownership rights to the User Content you submit to the Platform. You are solely responsible for all your User Content. You represent and warrant by submitting your content that you own all necessary rights to upload such User Content and it will not violate any law or the rights of any person including without limitation to those referenced in these Terms.

The Platform may pull content from our users who share photos and videos on Instagram using our brand hashtags including, without limitation, #CANAVA, #HOWDOYOUCANAVA, #MYCANAVA, #CANAVALIFE (collectively, the “CANAVA hashtags”), or tagging the CANAVA instagram account @CANAVA (all such hashtagged or @-labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in CANAVA’s showroom space, retail locations and emails and on the Platform, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the use of the Platform. You represent and warrant that the posting and use of your Tagged Media, including to the extent such Tagged Media include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property right.

We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

CANAVA respects copyright laws and expect you to do the same. We will remove infringing materials in accordance with the DMCA if properly notified that content on the Site infringes copyright. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please notify CANAVA’s’ Copyright Agent in writing. A DMCA notice must be signed and contain the following information: (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”); Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Platform. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible; Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available); If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred); Include the following statement: “I have 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”; Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.

Our designated copyright agent for notice of alleged copyright infringement is:

DMCA Designated Agent

MICOLI, LLC.
8603 Santa Monica Blvd. #80052
West Hollywood, CA 90069
United States

Email: hello@canava.co

Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. We do not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received under the guidelines set forth below, we will respond by either taking down the allegedly infringing content or blocking access to it.

Products or Subscription Services

We have made every effort to provide accurate descriptions of Products. However, we make no warranties that these descriptions and any other content are accurate, complete, reliable, current, or error-free. Please note that while we have tried our best to accurately display the colors of products, we cannot guarantee its accuracy as the actual colors you see depend on the settings of your device, not the Platform. If a Product is not as described or you are not satisfied with your purchase, please review our Return Policy.

Availability:

Any Product displayed on the Platform is available while supplies last. It is possible that a Product may be in stock or available for purchase when you place the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order.

Pre-Orders:

Similarly, we may offer some Products for sale before arriving at our warehouse; Products are identified with a Pre-Order Button. Charges will apply at the time of placing a Pre-order, we will do our best to ship Pre-Order Products in accordance with their expected ship date listed on the Product page. In the rare case this changes, we’ll do our best to let you know. You are responsible for keeping your shipping and contact information up-to-date to ensure proper shipment of any Pre-Order Products. Please email us at hello@canava.co if you need to update any of this information.

Final Sales:

Items listed on the product page as final sale are not eligible for returns, or exchanges.

Promotions:

We occasionally run promotions or provide limited-time offers for our Products. Participation in any Promotion shall be subject to the terms and conditions we provide in connection with such Promotions. We reserve the right to cancel, terminate or alter any Promotion or the terms thereof at any time without prior notice.

We reserve the right and sole discretion to accept or reject any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by email/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Subscriptions.

CANAVA may offer subscriptions for certain of its Products (a “Subscription”). If you sign up for a Subscription, we will deliver the Products you’ve subscribed for on a regular basis (for example, every month or every two months) and you will be invoiced for those Products at the applicable Subscription price at the time of each successive shipment. Changes made to a Subscription will be charged at the updated price except for those Products that may be in processing at the time of the change. We reserve the right to take up to (1) week to process any Subscription cancelation or changes.

As a condition for signing up for a Subscription, we may require that you provide \acceptable credit card, payment card and/or other payment information as may be required to enable automatic billing by or on behalf of CANAVA each time Products are shipped to you.

Gift Cards:

Gift Cards are not redeemable for cash. If The value of your Gift Card is greater than the amount of your total purchase, you will be able to use the remaining Gift Card balance for future purchases, subject to these terms. If The Value of your Gift Card is Less than the amount of your total purchase, you must provide additional payment method for the balance.

California law shall govern the Gift Card program, without regard to principles of conflicts of law and as if this Gift Card purchase agreement were a contract wholly entered into and wholly performed within the United States, in the State of California.

Cancellations: We currently don’t support and accept order cancellations.

A Subscription will remain in effect until it is cancelled. If you wish to cancel your Subscription, you may do so by making the applicable change in your Account settings if the option to do so is available or by contacting us by email at help@canvava.co.

For Shipping, Returns or Exchanges please refer to the Shipping | Returns section on the footer, which are inherently covered by these same Terms and Conditions.

SECTION 9 - Termination

These Terms are effective unless and until terminated by either you or us. You may deactivate your Account which may result in the destruction of all information associated with your Account at any time by notifying us at help@canava.co. You understand that User Content may continue to exist and be used on or through the Platform even after such deactivation.

We reserve the right to refuse service, restrict use, suspend or terminate these Terms along with your access to your Account, or any/all parts of the Platform, any Content or any Product without cause or notice (including If in our sole judgment, we suspect your engagement in fraudulent or abusive activity or a failure to comply with any terms or provision of these Terms). In the event of such termination, you agree that the provisions of the Terms or any other party of the agreement between you and CANAVA formed pursuant to these Terms which by their nature should survive termination shall survive termination including, without limitation to ownership of intellectual property provisions and licenses, warranty disclaimers, indemnity, limitations of liability, mandatory binding arbitration, and class action waiver.

Disclaimer of Warranties

We have applied all reasonable measures to ensure the Platform is accurate, however, we can make no such guarantee. Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability or other resources available on or accessible through the Platform.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free, nor do we provide any assurances of the availability or usability of the online shopping services.

You expressly agree that your use of, or inability to use, the Platform is at your sole risk. The service and all products and services delivered to you through the Platform are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limitations of Liability

In no case shall CANAVA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (collectively, “CANAVA Parties”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Platform or any products procured using the Platform, or for any other claim related in any way to your use of the Platform, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility.

The internal laws of the State of California shall govern any issues pertaining to use of the Platform, each party irrevocably submits to exclusive jurisdiction and venue in the courts of California. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 - Indemnification

You agree to indemnify, defend and hold harmless CANAVA Parties and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, any User Content or Feedback you provide, or your access to, use or misuse of the Platform, any features or services made available through the Platform, any Content or any Products. CANAVA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by writing to CANAVA at hello@canava.co.

SECTION 13 - Arbitration Clause

Should any claim against CANAVA arise, you acknowledge and agree to give us the opportunity to resolve the issue or dispute and agree to negotiate in good faith before taking on further action. Claims or disputes must be submitted in writing with a description of the issue including, but not limited to information or representations related to our products and upon which you rely. All claims should be sent by Certified Mail to Micoli, LLC. C/O Resolutions Dept., 7176 Sunset Boulevard, Los Angeles, CA 90046. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after CANAVA’s receipt of your written dispute, you agree to the dispute resolution provisions below.

Any dispute arising out of these Terms including but not without limitation to the use of The Platform or its Products, Are personal to you and CANAVA and will be resolved solely through individual action and will not be brought as a class arbitration, class action or any other type of representative proceeding. Disputes shall be resolved exclusively through binding arbitration, rather than in court. The arbitration will be conducted and governed by the American Arbitration Association (“AAA”) rules, available at http://www.adr.org/consumer or by calling 1-800-778-7879. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, CANAVA will pay all filing, administration, and arbitrator fees associated with the arbitration. Likewise, CANAVA will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are invalid or frivolous. If for any reason a claim proceeds in court rather than in arbitration, the parties waive any right to a jury trial, unless such waiver is unenforceable. The parties also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

You and CANAVA agree to commence any arbitration proceeding within 1 year after the claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.

You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the CANAVA account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.