Haven Connect Terms of Use for Housing Applicants
Effective Date: 5/11/2016
Last Updated Date: 7/6/2020
Welcome! Haven Connect, Inc. is a smart and seamless affordable housing service that enables housing applicants to find available affordable housing options and complete applications for affordable housing online.
PLEASE READ OUR TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY. BY ACCESSING, BROWSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES PROVIDED BY HAVEN CONNECT, INC., ITS AFFILIATES OR AGENTS (COLLECTIVELY, “HAVEN CONNECT” OR “HC” OR “WE”) WITH LINKS TO THE TERMS (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) IN ANY WAY, AND/OR BY CLICKING ON THE “APPLY NOW,” “GET VERIFICATION CODE” OR “VERIFY EMAIL” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HAVEN CONNECT,(3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY AND (4) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU SHALL BE BOUND BY HAVEN CONNECT’S PRIVACY POLICY (AS MODIFIED FROM TIME TO TIME, THE “PRIVACY POLICY”) AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. THE TERM “YOU” REFERS TO THE INDIVIDUAL, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OR THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS WEBSITE, THE APPLICATION, OR THE SERVICES.
PLEASE BE AWARE THAT SECTION 18 OF THESE TERMS, BELOW, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND HAVEN CONNECT HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST HAVEN CONNECT TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 18 OF THESE TERMS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST HAVEN CONNECT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION PROVISIONS SET FORTH IN SECTION 18 OF THESE TERMS COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING CLASS ACTION LITIGATION. PLEASE SEE SECTION 18 FOR MORE INFORMATION REGARDING THESE ARBITRATION PROVISIONS, INCLUDING THE ARBITRATION PROVISIONS’ IMPACT ON THE PENDING CLASS LITIGATION AND HOW TO OPT OUT OF ARBITRATION. THE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY HAVEN CONNECT IN ITS SOLE DISCRETION AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU. YOUR CONTINUED USE OF THE WEBSITE OR THE SERVICES FOLLOWING THE POSTING OF CHANGES TO THE TERMS INDICATES YOUR ACCEPTANCE OF SUCH CHANGES. When changes are made, Haven Connect will make a new copy of the Terms available on the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms.If we make any material changes, and you have registered with us to create an Account (as defined in Section 4.1 below) to use the Services, we will also send an e- mail or text message to you at the last email address or cell phone number you provided to us pursuant to the Terms.Any changes to the Terms will be effective immediately for new Users of the Website and/or Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 4.1 below). Haven Connect may require you to provide consent to the updated Terms in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE CURRENT TERMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAYTO YOUR USE OF THE WEBSITE, ORTO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE WEBSITE, WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
1. Our Services. Through the Services, Haven Connect enables individual users who are looking for affordable housing to search for available affordable housing options and to complete and submit applications and/or interest list submissions (each an “Application”) for available Properties (as defined in this paragraph) (each such user is an “Applicant”). The Services also enable property management organizations, or local governments or cities, and the users who represent those organizations or governments or cities, (“Property Managers”) to post available properties that they own and/or manage (“Properties”) and make available and receive Applications for their Properties. A “User” refers to an Applicant or a Property Manager, as applicable, and all Services and Content provided by Haven Connect to a User to facilitate the affordable housing application submission and acceptance program described in these Terms shall collectively be referred to as the “Program.”
Property Managers can use the Website and Services to: (i) access Applicant’s information, which allows Property Managers to email, text and mail Applicants, and (ii) update Applicant information.
Each Property Manager has the ability to customize the Services to request certain types of information requested in an Application. Each Property Manager also determines its criteria for eligibility when it evaluates Applicants.
Haven Connect is not responsible for, nor does it participate in, a Property Manager’s (i) decisions regarding an Applicant’s Application, or (ii) use of HC Components.
2. Haven Connect Provides Only a Venue. While Haven Connect enables Applicants to find and submit Applications to Property Managers for available Properties, Haven Connect does not take part in, and is not in any way responsible for any interactions that occur between Applicants and Property Managers. Haven Connect only connects Applicants with Property Managers and provides a means for transmitting and tracking Applications. Haven Connect does not have control over and makes no representations about the availability, suitability, reliability, accuracy, quality, timing, legality, failure to provide, or any aspect whatsoever related to any Property Manager’s postings about its Properties, nor does Haven Connect have any control over or make any representations regarding any information provided to Applicant by a Project Manager. While Haven Connect provides Applicants with a means of submitting Applications, Haven Connect does not guarantee that an Applicant’s Application will be accepted or approved by a Property Manager. Haven Connect has no responsibility or liability for any Property Manager’s or Applicant’s action or inaction with respect to an Application or failure to approve or accept an Application.
3. Use of HC Components. The Website, the Services, and the information and Content (as defined below) available on the Website and the Services (as these terms are defined below) (collectively, “HC Components”) are protected by copyright and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws throughout the world. Subject to the Terms, Haven Connect grants you a limited license to reproduce portions of HC Components for the sole purpose of using the Services for your personal purposes. Unless otherwise specified by Haven Connect in a separate license, your right to use any of HC Components is subject to the Terms.
3.1. Updates. You understand that HC Components are evolving. As a result, HC may require you to accept updates to HC Components that you have installed on your computer. You acknowledge and agree that HC may update HC Components with or without notifying you. You may need to update third-party software from time to time in order to receive the Services or use HC Components.
3.2. Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit HC Components or any portion of HC Components, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other components of HC Components (including images, text, page layout or form) of Haven Connect; (c) you shall not use any meta tags or other “hidden text” using Haven Connect’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of HC Components except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials); (f) you shall not access HC Components in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of HC Components may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in HC Components. Any future release, update or other addition to HC Components shall be subject to the Terms. Haven Connect, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of HC Components terminates the licenses granted by Haven Connect pursuant to the Terms.
3.3. Third-Party Materials. As a part of HC Components, you may have access to materials that are hosted by a Property Manager or another party. You agree that it is impossible for Haven Connect to monitor such materials and that you access these materials at your own risk.
3.4. Content. HC Components may make available information, data, text, images, photographs, graphics, messages, Application forms for Properties and other materials (“Content”). You acknowledge that all Content, including HC Components, is the sole responsibility of the party from whom such Content originated. This means that you, and not Haven Connect, are responsible for any Content that you upload or make available through the Website or Services, including but not limited to your Registration Data (as defined in Section 4 below) and your Application Information (as defined in Section 5 below), as applicable (“Your Content”).
3.5. Digital Millenium Copyright Act. We are committed to complying with U.S. copyright and related laws, and we require all of our Contributors and other Users who disseminate content through HC Components to comply with these laws. Accordingly, all Users (including you) may not disseminate any Content using HC Components in any manner that constitutes an infringement of thirdparty intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access if any such Contributor or other User is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.
Our designated agent to whom you should address such notice is: admin@havenconnect.com.
If you believe that content that you or a third party owns has been used via HC Components in a way that violates your or someone else’s copyright or other intellectual property rights, please provide us with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located;
your address, telephone number, email address or other information reasonably sufficient to permit us to contact you;
if possible, information sufficient to allow Haven Connect to notify the owner/administrator of the allegedly infringing content;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
If we remove or disable access to allegedly infringing material, we will make a good-faith attempt to contact the person who submitted the affected material or content so that they may make a counter notification in accordance with Sections 512(g)(2) and (3) of the DMCA.
Haven Connect reserves the right to terminate without notice any manager’s, applicant’s or other user’s access to Haven Connect Components if that manager, applicant or other user is determined by Haven Connect to be a “repeat infringer.” In addition, Haven Connect accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
4. Registration.
4.1. Registering your Account. You are required to register for an account to use the Website and become a Registered User to access certain features of HC Components. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website (“Account”) or has a valid account on the social networking service (“SNS”) through which the User has connected to the Services (each such account, a “Third-PartyAccount”).
4.2. Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using HC Components under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of HC Components by minors. You may not share your Account or password with anyone, and you agree to (1) notify Haven Connect immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Haven Connect has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Haven Connect has the right to suspend or terminate your Account and refuse any and all current or future use of HC Components (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. Haven Connect reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third-party that a username violates the third-party’s rights. You agree not to create an Account or use HC Components if you have been previously removed by Haven Connect, or if you have been previously banned from any of HC Components.
4.3. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to HC Components, including but not limited to, a mobile device that is suitable to connect with and use HC Components, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing HC Components. By providing your cellphone number and using the Services and other HC Components, you hereby affirmatively consent to our use of your cellphone number to call and send text messages in connection with HC Components, including to perform and improve HC Components. Haven Connect will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing us at: admin@havenconnect.com.
5. Submitting Applications Using the Services.
5.1. Application Information. Through the Services, you may complete and submit Applications for individual Properties made available by Property Managers. Before you are eligible to complete and submit an Application, we will require you to verify your identity by submitting a verification code that we send to your cell phone number or a confirmation email to your email address. In order to complete and submit an Application, you will be required to provide certain personal information about yourself as well as your co-applicants and potential residents of the Property, as applicable, including but not limited to your social security number in the event that you choose to include your social security number (“Application Information”). You represent and warrant that you have obtained all necessary consents to provide personal information about your co-applicants and/or potential additional residents of the Property as part of your Application Information. The Application Information required to complete a particular Application may vary depending upon the Property or the Property Manager. Once you have submitted your completed Application, Haven Connect will send you an automatic one-time confirmation SMS message or email to confirm receipt of your submitted Application.
5.2. No Obligation to Pre-Screen Application Information. You acknowledge that Haven Connect has no obligation to pre-screen your Application Information, although Haven Connect reserves the right in its sole discretion to pre-screen, refuse or remove any Application Information, Registration Data or any Content, including Your Content that violates the Terms or is otherwise objectionable. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that Haven Connect will share and transmit Your Content, including without limitation chat, text, or voice communications, to Property Managers so that the Property Managers can use the Content to process your Application
5.3. Application Information Storage. While Haven Connect provides the ability to retain and store a portion of your Application Information under your Account for your use in completing future Applications, you agree that data storage is not guaranteed by Haven Connect. You agree that Haven Connect does not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur with respect to the loss or deletion of your Registration Data. You agree that Haven Connect retains the right to create reasonable limits on Haven Connect’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Haven Connect in its sole discretion.
5.4. Transfer of Your Completed Application to Property Managers. You acknowledge and agree that in order to successfully submit your completed Application, Haven Connect must provide your completed Application containing the Application Information that you provided to the Property Manager for the Property to which you applied. You authorize and agree to allow Haven Connect to provide your Application Information to the relevant Property Manager. For the sake of clarity, by authorizing Haven Connect to provide your completed Application containing the Application Information to any Property Manager, you are authorizing Haven Connect to transfer and provide your social security number to the Property Manager, and in the event that you have chosen to include your social security number within the Application. The Property Manager will retain and use your Application Information according to its own privacy policy. Please contact the relevant Property Manager for further information about how it may use your Application Information. You should also contact the Property Manager directly if you do not have an Account in order to update or change your Application Information. However, if you have an Account, you may update or change yourApplicationInformation directly in the HC Components. For Applicants required to sign Applications, an Application is not complete until all family members that will live in the dwelling sign theApplication.
5.5. Encryption of Social Security Numbers. In the event that you choose to provide your social security number as part of your Application Information in any Application, Haven Connect will encrypt your social security number while at rest, in addition to using commercially reasonable mechanisms to promote a secure environment for transmission of sensitive information, including but not limited to your social security number.
6. Ownership.
6.1. HC Components. Except with respect to YourContent, you agree that Haven Connect and its suppliers own all rights, title and interest in HC Components (including but not limited to, any titles, computer code, themes, objects, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, chat transcripts, character profile information, recordings of games played using a Haven Connect game client, and Haven Connect game clients and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or HC Components.
6.2. Trademarks. The term “Haven Connect” and other related graphics, logos, service marks and trade names used on or in connection with HC Components are the trademarks of Haven Connect and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in HC Components are the property of their respective owners.
6.3. Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in HC Components.
6.4. Your Content. Haven Connect does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in HC Components, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide 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 that may exist in Your Content.
6.5. License to Your Content. Subject to any applicable account settings that you select, you grant HC a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferrable and fully sub-licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing HC Components to you and to our other Users. 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 HC Components. 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 HC, are responsible for all of Your Content that you make available on or in HC Components.
6.6. Program Data. Notwithstanding anything to the contrary, HC shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Program and related systems and technologies (including, without limitation, information concerning Your Content and data derived therefrom) ("Program Data"). HC will be free (during and after the term hereof) to: (a) use Program Data to improve and enhance the Program and for other business development, diagnostic, and corrective purposes in connection with the Program and other HC offerings; and (b) disclose Program Data solely in aggregate or de-identified form in connection with its business.
6.7. Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on or in HC Components, you hereby expressly permit Haven Connect to identify you by your username (which may be a pseudonym or your email address) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with YourContent.
6.8. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of HavenConnect.
6.9. Your Postings. Any Content posted by you on the Services may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
6.10. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Haven Connect through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Haven Connect has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Haven Connect a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferrable and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of HC Components.
7. User Conduct. As a condition of use, you agree not to use HC Components for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third- party to) (a) take any action or (b) make available any Content on or through HC Components that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Haven Connect’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Haven Connect; (vi) interferes with or attempts to interfere with the proper functioning of HC Components or uses HC Components in any way not expressly permitted by the Terms; or (vii) attempts or engages in, any potentially harmful acts that are directed against HC Components, including but not limited to violating or attempting to violate any security features of HC Components, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in HC Components, introducing viruses, worms, or similar harmful code into HC Components, or interfering or attempting to interfere with use of HC Components by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” HC Components.
8. Investigations. Haven Connect may, but is not obligated to, monitor or review HC Components and Content at any time. Without limiting the foregoing, Haven Connect shall have the right, in its sole discretion, to remove any Content, including Your Content, for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Haven Connect does not generally monitor user activity occurring in connection with HC Components, if Haven Connect becomes aware of any possible violations by you of any provision of the Terms, Haven Connect reserves the right to investigate such violations, and Haven Connect may, at its sole discretion, immediately terminate your license to use HC Components, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
9. Interactions with Property Managers. You are solely responsible for your interactions with other Users, including Property Managers and any other parties with whom you interact through the Services,; provided, however, that if there is a dispute, Haven Connect reserves the right, but has no obligation, to intercede in such dispute. You agree that Haven Connect will not be responsible for any liabilities incurred as the result of your interactions with any Property Managers. HC Components may contain Content provided by Property Managers. Haven Connect is not responsible for and does not control the Content provided by Property Managers. Haven Connect has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to Property Manager Content, including but not limited to postings regarding available Properties. You use all Property Manager Content and interact with Property Managers at your own risk.
10. Third Party Services.
10.1. Third-Party Websites and Applications. HC Components may contain links to third-party websites and applications (“Third-Party Websites & Applications”) and advertisements for third parties (collectively, “Third-Party Websites, Applications & Ads”). When you click on a link to a third-party website, application or ad, we will not warn you that you have left HC Components and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Applications & Ads are not under the control of Haven Connect. Haven Connect is not responsible for any Third-Party Websites, Applications & Ads. Haven Connect provides these Third-Party Websites, Applications & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third- Party Websites, Applications & Ads, or their products or services. You use all links in Third-Party Websites, Applications & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites & Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
10.2. Third-Party Providers. We use third-party services, including but not limited to analytics, authentication, hosting, and payment services to help us analyze how users use the HC Components and so that users may access and use the HC Components and Content. Each third-party service is restricted by the third party’s Terms of Use and Privacy Policy. By using the HC Components, you consent to such third-party services and their terms. For a full list of our third-party service providers, please contact us at admin@havenconnect.com.
11. Payments Made Through Website. You may be required to submit payments for the Services. You will be required to pay all applicable fees and comply with all applicable payment rules and requirements set out on our Website. Haven Connect uses one or more third party payment services providers (e.g., card acceptance, merchant settlement, and related services). By making a payment through the Services, you agree to be bound by the applicable terms of service of such third party payment provider and the privacy policy of such third party payment provider. You hereby consent and authorize Haven Connect and the applicable third party payment provider(s) to share any information and payment instructions you provide to the extent required to complete your transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information.
12. Indemnification. You agree to indemnify and hold Haven Connect, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively the “Haven Connect Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) Your Content; (b) any completed Application that you have submitted through the Services; (c) your use of, or inability to use HC Components; (d) your violation of the Terms; (e) your violation of any rights of another party; or (f) your violation of any applicable laws, rules or regulations. Haven Connect reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Haven Connect in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to HC Components. This provision does not require you to indemnify Haven Connect Parties to the extent based on any unconscionable commercial practice by such party or for such party’s fraud, deception, false promises, misrepresentation, or concealment, suppression or omission of any material fact in connection with HC Components or any Services provided hereunder.
13. Service Provided As-Is.
13.1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF HC COMPONENTS IS AT YOUR SOLE RISK, AND HC COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE HAVEN CONNECT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(a) HAVEN CONNECT PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) HC COMPONENTS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF HC COMPONENTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF HC COMPONENTS WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN HC COMPONENTS WILL BE CORRECTED.
(b) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. HAVEN CONNECT MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HAVEN CONNECTOR THROUGH HC COMPONENTS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(d) YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO THE FAIR HOUSING ACT OR PROPERTY MANAGERS’ COMPLIANCE WITH THE FAIR HOUSING ACT. OUR SERVICES ARE PROVIDED SOLELY TO CONNECT PROPERTY MANAGERS WITH APPLICANTS, AND AS SUCH, WE DO NOT MAKE ANY GUARANTEES CONCERNING THE FAIR HOUSING ACT. PROPERTY MANAGERS ARE SOLELY RESPONSIBLE FOR ENSURING THEIR COMPLIANCE WITH THE FAIR HOUSING ACT AND THEIR COMPLIANCE WITH ALL APPLICABLE LOCAL AND FEDERAL LAWS CONCERNING HOUSING RULES AND REGULATIONS. FURTHER, PROPERTY MANAGERS ARE REQUIRED TO COMPLY WITH ALL APPLICABLE LAWS RELATING TO THE PROVISION OF LOW INCOMING HOUSING AND THE PROCESSING OF APPLICATIONS FOR LOW INCOME HOUSING. PROPERTY MANAGERS AGREE NOT TO DISCRIMINATE AGAINST ANY INDIVIDUAL BASED UPON ANY FEATURE (SUCH AS RACE, GENDER, AGE, ETC.) PURSUANT TO ALL APPLICABLE LOCAL AND FEDERAL LAWS. WE EXPRESSLY DISCLAIM ALL LIABILITY FROM YOUR ACTIONS RELATING TO AND PROPERTY MANAGERS’ COMPLIANCE WITH THE FAIR HOUSING ACT AND ANY OTHER ANTI- DISCRIMINATORY HOUSING LAWS OR REGULATIONS.
13.2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT HAVEN CONNECT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE HAVEN CONNECT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
13.3. No Liability for Conduct of Other Users. YOU ACKNOWLEDGE AND AGREE THAT HAVEN CONNECT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE HAVEN CONNECT PARTIES LIABLE, FOR THE CONDUCT OF PROPERTY MANAGERS, INCLUDING ANY DECISIONS OR ACTIONS THAT PROPERTY MANAGERS MAKE, AND THAT THE RISK OF INJURY FROM THE PROPERTY MANAGERS OR APPLICANTS RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH PROPERTY MANAGERS. YOU UNDERSTAND THAT HAVEN CONNECT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF HC COMPONENTS.
14. Limitation of Liability.
14.1. Disclaimer of CertainDamages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HAVEN CONNECT PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH HC COMPONENTS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT HAVEN CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY CLAIM OR LOSS RELATING TO THE FAIR HOUSING ACT OR ANY APPLICABLE LOCAL OR FEDERAL HOUSING REGULATIONS AND LAWS, INCLUDING BUT NOT LIMITED TO ANY LOW-INCOME OR ANTI DISCRIMINATION REGULATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF HC COMPONENTS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE HC COMPONENTS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH HC COMPONENTS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON HC COMPONENTS; OR (5) ANY OTHER MATTER RELATED TO HC COMPONENTS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
14.2. Cap on Liability. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL HAVEN CONNECT PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY HAVEN CONNECT AS A RESULT OF YOUR USE OF HC PROPERTIES. IF YOU HAVE NOT PAID HAVEN CONNECT ANY AMOUNTS IN FEES, HAVEN CONNECT’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED FIFTY DOLLARS($50). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF HAVEN CONNECT FOR (i) DEATH OR PERSONAL INJURY CAUSE BY HAVEN CONNECT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR (ii) ANY INJURY CAUSED BY HAVEN CONNECT’S FRAUD OR FRAUDULENT MISREPRESENTATION.
14.3. User Content. HAVEN CONNECT PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
14.4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HAVEN CONNECT AND YOU.
15. Term and Termination.
15.1. Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use HC Components, unless terminated earlier in accordance with theTerms.
15.2. Prior Use. Notwithstanding the foregoing, if you used HC Components prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used HC Components (whichever is earlier) and will remain in full force and effect while you use HC Components, unless earlier terminated in accordance with the Terms.
15.3. Termination of Services by Haven Connect. If you have materially breached any provision of the Terms, including any payment obligations, or if Haven Connect is required to do so by law (e.g., where the provision of the Website, the Application or the Services is, or becomes, unlawful), Haven Connect has the right to, immediately and without notice, suspend or terminate any Services provided to you. Any termination pursuant to your material breach will not relieve you of your payment obligations for any of our Services already rendered to you, and you are responsible for all such payments due on Services rendered prior to termination. You agree that all terminations for cause shall be made in Haven Connect’s sole discretion and that Haven Connect shall not be liable to you or any third-party for any termination of your Account. Except as required by law, all fees and other payments are nonrefundable.
15.4. Termination of Services by You. If you want to terminate the Services provided by Haven Connect, you may do so by (a) notifying Haven Connect at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Haven Connect via email to admin@havenconnect.com.
15.5. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. It is your sole responsibility to ensure that you download any of Your Content prior to terminating the Services as Haven Connect has no responsibility to store or maintain any of Your Content once the Services have been terminated. However, all Property Managers that have received your Application Information from Haven Connect will be able to retain your Application Information after termination. To request deletion of personal data or other information held by Property Managers, you will need to contact each Property Manager to which you’ve submitted an Application directly. Haven Connect will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.
15.6. All provisions of the Terms, which by their nature should survive, shall survive termination of Services and use of the other HC Components, including without limitation, ownership provisions, warranty disclaimers, remedies, dispute resolution, limitation of liability and the general provisions.
16. Remedies.
16.1. Violations. If Haven Connect becomes aware of any possible violations by you of the Terms, Haven Connect reserves the right to investigate such violations. If, as a result of the investigation, Haven Connect believes that criminal activity has occurred, Haven Connect reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Haven Connect is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in HC Components, including Your Content, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims that Your Content violates the rights of third parties; (4) respond to your requests for customer service; (5) protect the rights, property or personal safety of Haven Connect, its Users or the public, or (6) in connection with all enforcement actions or to government officials, as Haven Connect in its sole discretion believes to be necessary or appropriate.
16.2. Breach. In the event that Haven Connect determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for HC Components, Haven Connect reserves the right to:
(a) Warn you via e-mail or text message (to any e-mail address or cell phone that you have provided to Haven Connect) that you have violated the Terms;
(b) Delete any of Your Content provided by you or your agent(s) to HC Components;
(c) Discontinue your registration(s) with any of HC Components, including the Services or any Haven Connect community;
(d) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(e) Pursue any other action, which Haven Connect deems to be appropriate.
16.3. No Subsequent Registration. If your registration(s) with or ability to access HC Components, or any other Haven Connect community is discontinued by Haven Connect due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access HC Components or any Haven Connect community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those HC Components to which your access has been terminated. In the event that you violate the immediately preceding sentence, Haven Connect reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
17. International Users. This Website can be accessed from countries around the world and may contain references to HC Components and Content that are not available in your country. These references do not imply that Haven Connect intends to announce such HC Components or Content in your country. HC Components are controlled and offered by Haven Connect from its facilities in the United States of America. Haven Connect makes no representations that HC Components are appropriate or available for use in other locations. Those who access or use HC Components from other jurisdictions do so at their own volition and are responsible for compliance with local law.
18. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Haven Connect and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
18.1. Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of the HC Components, to any products or services sold or distributed through the Website (including the Services), or to any other aspect of your relationship with Haven Connect will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non- representative) basis; and (2) you or Haven Connect 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 before this or any prior Agreement.
NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST HAVEN CONNECT ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU.
THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH HAVEN CONNECT, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
18.2. Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following:, Caroline Caselli, PO Box 6174, Denver, CO, 80206. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Payment of all filing, administration, and arbitration fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Haven Connect will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.
18.3. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating 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 Haven Connect. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will 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 this Agreement. The arbitrator will 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 on you and Haven Connect.
18.4. Waiver of Jury Trial. YOU AND HAVEN CONNECT WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Haven Connect are instead electing to have claims and disputes resolved by arbitration. 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 limited. In any litigation between you and Haven Connect over whether to vacate or enforce an arbitration award, you and Haven Connect waive all rights to a jury trial, and elect instead to have a judge resolve the dispute.
18.5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Haven Connect is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in Section 18.8 (Exclusive Venue)below.
18.6. Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Haven Connect can force the other to arbitrate. To opt out, you must notify Haven Connect in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Haven Connect username (if any), the email address you used to set up your Haven Connect account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: PO Box 6174, Denver, CO, 80206 or admin@havenconnect.com. 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 previous, other, or future arbitration agreements that you may have with us.
18.7. Survival. This Arbitration Agreement will survive any termination of your relationship with Haven Connect.
18.8. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Haven Connect agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in California.
18.9. Prevailing Party. In the event that either party institutes any arbitration, legal suit, action or proceeding against the other party arising out of or relating to these Terms, the Privacy Policy or HC Components, the prevailing party in the arbitration, suit, action or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys' fees and expenses and court costs.
19. General Provisions.
19.1. Electronic Communications. The communications between you and Haven Connect use electronic means, for example, whether you visit HC Components or send Haven Connect e-mails, or whether Haven Connect posts notices on HC Components or communicates with you via e-mail, text, instant messaging or other electronic communications. For contractual purposes, you (1) consent to receive communications from Haven Connect in any electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Haven Connect provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. You are responsible for any mobile and data charges that you may incur for using HC Components, including text-messaging charges. If you’re unsure what those charges may be, you should ask your service provider before using HC Components.
19.2. Release. You hereby release Haven Connect Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of HC Components. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
19.3. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Haven Connect’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
19.4. Force Majeure. Haven Connect shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
19.5. Compliance. If you believe that Haven Connect has not adhered to the Terms, please contact Haven Connect by emailing us at admin@havenconnect.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
19.6. Limitations Period. YOU AND HAVEN CONNECT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, HC COMPONENTS OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
19.7. Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
19.8. Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English. C’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
19.9. Notice. Where Haven Connect requires that you provide an e-mail address, you are responsible for providing Haven Connect with your most current e-mail address. In the event that the last e-mail address you provided to Haven Connect is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Haven Connect’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Haven Connect at the following address: 9450 SW Gemini Dr, PMB 93372, Beaverton, OR 97008-7105, or email: admin@havenconnect.com. Such notice shall be deemed given when received by Haven Connect by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
19.10. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
19.11. Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
19.12. Export Control. You may not use, export, import, or transfer HC Components except as authorized by U.S. law, the laws of the jurisdiction in which you obtained HC Components, and any other applicable laws. In particular, but without limitation, HC Components may not be exported or reexported (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 HC Components, 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 HC Components for any purpose prohibited by U.S. 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 Haven Connect 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 Haven Connect products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
19.13. 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.
19.14. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
If you have any questions, complaints or comments about the Services, please contact us at: admin@havenconnect.com or 9450 SW Gemini Dr, PMB 93372, Beaverton, OR 97008-7105.
© Haven Connect, Inc. 2022
End of Terms