If you do not agree with these Terms, please do not use the Site.
Why are these rules in place and why must I agree to them?
Acceptance of Terms
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY SERVICES OFFERED THROUGH THE SITE
Accuracy of Account Information
In consideration of your use of the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being ”Your Data“), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse or restrict any and all current or future use of the Service.
We will make every reasonable effort to resolve any disagreements that you have with Havener Tech LLC. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Havener Tech arising out of, relating to, or connected in any way with this agreement, this Site or the purchase or sale of any voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable
Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Havener Tech; (b) the arbitrator shall apply Michigan law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Havener Tech’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Havener Tech will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Havener Tech shall be entitled to arbitrate their dispute.
Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. Havener Tech retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
Choice of Law
Legal Guardians should monitor children's use of the Internet. Havener Tech is intended for persons over 18 years of age. Havener Tech will not knowingly collect any information from children under 18. You must identify your age during the registration process. Havener Tech takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information when using this Site, this will result in termination of your membership immediately.
Havener Tech reserves the right, in its sole discretion, to terminate your access to all or part of the Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your membership, for any reason or no reason, with or without notice. Following any termination of any member's use of the Site, Havener Tech reserves the right to send a notice thereof to other members which whom you have corresponded.
Copyright and Trademarks.
EVERYTHING LOCATED ON OR IN THIS SITE IS THE EXCLUSIVE PROPERTY OF HAVENER TECH LLC OR IS BEING USED WITH PERMISSION. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTENPERMISSION OF Havener Tech LLC IS PROHIBITED.
Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Havener Tech or it's partners owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Havener Tech or the copyright owner is permitted. Copies made for redistribution and publication of copyright materials are permissible; you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Do not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right, without the express permission of the owner of the copyright, trademark or other proprietary right. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted Havener Tech the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant Havener Tech the right to edit, copy, publish and distribute any material that you make available on this Site.
Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
Havener Tech LLC reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.
If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide Havener Tech with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Havener Tech DMCA Agent for notice of claims of copyright infringement is:
Havener Tech LLC Attn: Copyright Agent 433 Elmwood Road, Troy, MI 48083, United States.
Creating an Account (Registration)
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER HAVENER TECH LLC, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. Havener Tech HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
End User Communications
Havener Tech in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). Havener Tech shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Havener Tech, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Havener Tech shall have the right, but not the obligation, to remove any material from the Communities that Havener Tech, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of Havener Tech.
You agree to defend, indemnify and hold harmless Havener Tech, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney fees, arising out of, or related to, any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms.
You are solely responsible for your interactions with users of the Site. To the extent permitted under applicable laws, you hereby release Havener Tech from any and all claims or liability related to any product or service and any action or inaction by users.
By posting Statements or other information on or through the Communities, you grant Havener Tech a royalty-free, perpetual, irrevocable, non-exclusive transferable license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sub-license such rights through multiple tiers of sub-licensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the exploitation of the Submitted Content, or any portion thereof, or of your name, personality, likeness, image or voice in connection with the Submitted Content, or any advertising or publicity relating thereto.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OR RELATING TO THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF. WE ARE NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSSES, INJURIES, OR DAMAGE OF ANY KIND THAT MIGHT ARISE OUT OF OR RELATE TO CONDUCT OF USERS.
Modification of this Agreement
We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.
The Site contains links to websites maintained both by Havener Tech LLC and other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
Ownership of the Site
You agree not to modify or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.
The Site provides an interactive Online Service operated by Havener Tech, consisting primarily of promotion and marketing services on behalf of certain users (“Teachers”). Teachers can offer online courses (“Courses”) and real time Webinars (“Webinars”) to the users of the Site. Courses and Webinars may be purchased by Havener Tech account holders based on the terms of the offer and subject to the Terms of Sale. As a condition of your use of this Site, you agree that:
- You are an individual person at least 18 years of age;
- Your account is for your sole, personal use;
- You may not authorize others to use your account;
- You may not assign or otherwise transfer your account to any other person or entity.
- You possess the authority to create a binding legal obligation
- Your use of this Site will at all times comply with the terms of this Agreement;
- You may create only one account for your personal use;
- You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another;
- You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
- You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.
- You may not post any content, related to illegal activities, violence, privacy abuse, pornography and other sexually explicit content. Any such activities will result in immediate expulsion from this site, and information passed on to the appopriate legal authorities for further investigation.
In order to protect the integrity of the Site and the Service, Havener Tech reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
Public Nature of Your Statements
You understand and agree that all Statements are public not private. Any other person (whether or not a user of Havener Tech services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. Havener Tech does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.
Registration and Identity Protection
To use the Services offered on the Site, you will need to register on the Site and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s) (collectively, the “Account”) and for all activities and liabilities associated with or occurring under your Account. You must notify us immediately of any unauthorized use of your Account and any other breach of security, and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your Account, either with or without your knowledge.
However, you could be held liable for losses incurred by us or another party due to someone else using your Account.
Reliability of Information
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cannot be, and are not responsible for, the security of information that you choose to communicate with Havener Tech and the Site while it is being transmitted. In addition, Havener Tech is not responsible for any data lost during transmission.
We do not assume any responsibility for the accuracy or reliability of any information provided by users. We do not assume and expressly disclaim any liability that may result from the use of this information. Havener Tech is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. All users do hereby expressly agree not to hold Havener Tech (or Havener Tech's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, partners or employees, hereinafter "Affiliates") liable for any instruction, advice or services delivered which originated through the Site and Havener Tech and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.
NOTWITHSTANDING THE FOREGOING, HAVENER TECH LLC DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD HAVENER TECH HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE.
Your Conduct on our Site
PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:
- Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your account or in order to create multiple accounts;
- Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
- Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by Havener Tech;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
- Do not use the Site for any business;
- Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Havener Tech;
- Using any End User Havener Tech information from the Site for any commercial purpose, including, but not limited to, marketing;
- Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined at our sole discretion);
- Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
- Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of Havener Tech, or our Partners or Services;
- You may not post any content, related to illegal activities, violence, privacy abuse, pornography and other sexually explicit content. Any such activities will result in immediate expulsion from this site, and information passed on to the appopriate legal authorities for further investigation