Terms and Conditions
PLEASE READ THIS PURCHASER AGREEMENT (“AGREEMENT”) BEFORE
USING THE SERVICES OFFERED BY Helping American Heroes (“HAHUSA”). BY CLICKING
ON OUR “ACCEPT” BUTTON OR CONVEYING YOUR ACCEPTANCE BY PURCHASING, YOU AGREE TO
BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. HAHUSA’S ACCEPTANCE
IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF
THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND
CONDITIONS ARE CONSIDERED AN OFFER BY HAHUSA, ACCEPTANCE IS EXPRESSLY LIMITED
TO THESE TERMS. The Web pages available at www.hahusa.org and all
linked pages and properties unless indicated otherwise (“Site” or “App”), are
owned and operated by HAHUSA, and are accessed by you (“Purchaser”) under the
following terms and conditions:
- ACCESS
TO THE SERVICES. Subject to the terms and conditions of this
Agreement, HAHUSA may offer to provide certain services that relate to
facilitating the purchase and sale of Internet advertisements by bringing
together Internet advertisers and publishers, as described more fully on
the App and/or Site, and which are selected by Purchaser through the
process provided on the App (“Services”). HAHUSA may change, suspend or
discontinue the Services (or Purchaser’s access thereto) at any time,
including the availability of any feature, advertisement, publisher or
content, without notice or liability. HAHUSA reserves the right, at its
discretion, to refuse to allow access to the Services to any applicant at
any time. HAHUSA also reserves the right, at its discretion, to modify
this Agreement at any time by posting a notice on the App and/or Site, or
by sending Purchaser a notice via email or postal mail. Use of the
Services by Purchaser following such notification constitutes Purchaser’s
acceptance of the modified terms and conditions. Purchaser certifies to HAHUSA
that if Purchaser is an individual (i.e., not a corporation) Purchaser is
at least 18 years of age. Purchaser also certifies that it is legally
permitted to use the Services and access the App, and takes full
responsibility for the selection and use of the Services. We reserve
the right to substitute services provided as a free gift or gift with
purchase with like valued products or services in the event that providing
the free gift is not possible or the free product or service has been
removed from our product offerings. This Agreement is void where
prohibited by law, and the right to access the App is revoked in such
jurisdictions.
- IMPLEMENTATION. Purchaser
agrees to comply with the technical specifications provided by HAHUSA to
enable proper display of the advertisements in connection with the
Services, including without limitation by not modifying the JavaScript or
other programming provided to Purchaser by HAHUSA in any way.
- COMMUNICATIONS
SOLELY WITH HAHUSA. Purchaser agrees to direct to HAHUSA and not to
any advertiser or publisher, as the case may be, all communications
regarding any matter arising out of Purchasers use of the Services.
- CONTENT.
The contents are protected by U.S. and international copyright laws and
are intended solely for the use of HAHUSA Purchasers and may only be used
in accordance with the terms of this Agreement in connection with
authorized use of the Services. All materials displayed or performed on or
accessible through the App or Services (including, but not limited to
text, graphics, articles, photographs, images, illustrations, audio clips
and video clips, also known as the “Content”) are protected by copyright.
The term “Content” as used herein specifically includes any advertising or
other content made available or submitted by any advertiser and any
website or other content published by or associated with any publisher.
Purchaser shall abide by all copyright notices, information, and
restrictions contained in any Content accessed in connection with the
Services. Purchaser acknowledges and agrees that if Purchaser uses any of
the Services to contribute or make available Content, HAHUSA is hereby
granted a non-exclusive, worldwide, royalty-free, transferable right to
fully exploit such Content (including all related intellectual property
rights) and to allow others to do so in connection with the Services and
the App.
- RESTRICTIONS.
Purchaser (whether a publisher, advertiser or otherwise) warrants,
represents and agrees that it will not contribute, submit or make
available through the App, Site, or Services, or use the App, Site, or
Services in connection with, any Content that is infringing, libelous,
defamatory, obscene, abusive, offensive or otherwise violates any law or
right of any third party. Violations of this agreement include, but are
not limited to: Promoting illicit or illegal activity, including content related
to drugs, pornography, prostitution, or gambling; releasing personally
identifying information about an individual; using racist, sexist, or
other offensive language; malicious activity, or any other inappropriate
or unintended use. If Purchaser is a publisher, Purchaser shall not, and
shall not authorize or encourage any third party to (i) generate
fraudulent impressions of or fraudulent clicks on any advertisement,
including but not limited to through repeated manual clicks, the use of
robots or other automated query tools and/or computer generated search
requests, and/or the fraudulent use of other search engine optimization
services and/or software; (ii) edit, modify, filter or change the order of
the information contained in any advertisement, or remove, obscure or
minimize any advertisement in any way; (iii) redirect an end user away
from any Web page accessed by an end user after clicking on any part of an
advertisement (“Advertiser Page”), provide a version of the Advertiser
Page different from the page an end user would access by going directly to
the Advertiser Page or intersperse any content between the advertisement
and the Advertiser Page; or (iv) display any advertisements on any error
page, registration or “thank you” page (e.g. a page that thanks a user
after he/she has registered with the applicable website). HAHUSA reserves
the right to remove any Content from the App at any time, or to terminate
Purchaser’s right to use the Services or access the App, for any reason
(including, but not limited to, upon receipt of claims or allegations from
third parties or authorities relating to such Content or if HAHUSA is
concerned that Purchaser may have breached the terms of this paragraph),
or for no reason at all, subject to the provisions of paragraph 14
(Termination). Purchaser is responsible for all of its activity in
connection with the Services. Any fraudulent, abusive, or otherwise
illegal activity is grounds for termination of Purchaser’s right to use
the Services or to access the App. Use of the App, Site or Services to
violate the security of any computer network, crack passwords or security
encryption codes, transfer or store illegal material including materials
that are deemed threatening or obscene, or engage in any kind of illegal
activity is expressly prohibited. Purchaser will not run mailing-list,
list serves, any form of auto-responder, or spam” on the App, or any
processes that run or are activated while the Purchaser is not logged in.
- DISCLAIMERS.
* Purchaser acknowledges and agrees that HAHUSA has no special
relationship with or fiduciary duty to Purchaser and that HAHUSA has no
control over, and no duty to take any action regarding: which users gains
access to the App or Services; what Content Purchaser accesses or receives
via the App or Services; what Content other Purchasers may make available,
publish or promote in connection with the Services; what effects any
Content may have on Purchaser or its users or customers; how Purchaser or
its users or customers may interpret, view or use the Content; what
actions Purchaser or its users or customers may take as a result of having
been exposed to the Content, or whether Content is being displayed
properly in connection with the Services. * Further, (i) if Purchaser is a
publisher, Purchaser specifically acknowledges and agrees that HAHUSA has
no control over (and is merely a passive conduit with respect to) any
Content that may be submitted or published by any advertiser, and that
Purchaser is solely responsible (and assumes all liability and risk) for
determining whether or not such Content is appropriate or acceptable to
Purchaser, and (ii) if Purchaser is an advertiser, Purchaser specifically
acknowledges and agrees that HAHUSA has no control over any Content that
may be available or published on any publisher website (or otherwise), and
that Purchaser is solely responsible (and assumes all liability and risk)
for determining whether or not such Content is appropriate or acceptable
to Purchaser. * Purchaser releases HAHUSA from all liability in any way
relating to Purchaser’s acquisition (or failure to acquire), provision,
use or other activity with respect to Content in connection with the App
or Services. The App and/or Site may contain, or direct Purchaser to sites
containing, information that some people may find offensive or
inappropriate. HAHUSA makes no representations concerning any content
contained in or accessed through the App, Site or Services, and HAHUSA
will not be responsible or liable for the accuracy, copyright compliance,
legality or decency of material contained in or accessed through the App
or Services. HAHUSA makes no guarantee regarding the level of impressions
of or clicks on any advertisement, the timing of delivery of such
impressions, actions and/or clicks, or the amount of any payment to be
made to Purchaser in connection with the Services, if any. * THE SERVICES,
CONTENT AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. HAHUSA DOES NOT WARRANT THE RESULTS OF USE OF THE
SERVICES, INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ANY ADVERTISING SPONSORSHIP
OR PROMOTION, AND PURCHASER ASSUMES ALL RISK AND RESPONSIBILITY WITH
RESPECT THERETO. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
PURCHASER. * ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC
2701-2711): HAHUSA MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY
COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SITE, SERVICES
OR ANY WEBSITE LINKED TO THE SITE. HAHUSA will not be liable for the
privacy of email addresses, registration and identification information,
disk space, communications, confidential or trade-secret information, or
any other Content stored on HAHUSA’s equipment, transmitted over networks
accessed by the App, or otherwise connected with Purchaser’s use of the
Services.
- COPYRIGHT
DISPUTE AND PRIVACY POLICIES. Please review HAHUSA’s Privacy Policy for
information regarding HAHUSA’s policies and practices regarding the use of
Purchaser personal information.
- REGISTRATION
AND SECURITY. As a condition to using Services, Purchaser may be required
to register with HAHUSA and select a password and Purchaser name (“HAHUSA
User ID”). Purchaser shall provide HAHUSA with accurate, complete, and
updated registration information. Failure to do so shall constitute a
breach of this Agreement, which may result in immediate termination of
Purchaser’s account. Purchaser may not (i) select or use as a HAHUSA User
ID a name of another person with the intent to impersonate that person;
(ii) use as a HAHUSA User ID a name subject to any rights of a person
other than Purchaser without appropriate authorization; (iii) register for
the Services using more than one HAHUSA User ID. HAHUSA reserves the right
to refuse registration of, or cancel a HAHUSA User ID in its discretion.
Purchaser shall be responsible for maintaining the confidentiality of
Purchaser’s HAHUSA password
- INDEMNITY. Purchaser
will indemnify and hold HAHUSA, its parents, subsidiaries, affiliates,
officers and employees, harmless, including costs and attorneys’ fees,
from any claim or demand made by any third party due to or arising out of
Purchaser’s access to the App and/or Site, use of the Services, the violation
of this Agreement by Purchaser, or the infringement by Purchaser, or any
third party using the Purchaser’s account, of any intellectual property or
other right of any person or entity.
- LIMITATION
OF LIABILITY. IN NO EVENT SHALL HAHUSA BE LIABLE WITH RESPECT TO THE SITE
OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES
PAID BY PURCHASER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO
PURCHASER.
- CONFIDENTIALITY. Purchaser
agrees not to disclose HAHUSA Confidential Information without HAHUSA’s
prior written consent. “HAHUSA Confidential Information” includes without
limitation: (i) all HAHUSA software, technology, programming, technical
specifications, materials, guidelines and documentation Purchaser learns,
develops or obtains that relate to the Services or the App; (ii)
click-through rates or other statistics relating to App performance in the
Services provided to Purchaser by HAHUSA; and (iii) any other information
designated in writing by HAHUSA as “confidential” or any designation to
the same effect. “HAHUSA Confidential Information” does not include
information that has become publicly known through no breach by Purchaser
or HAHUSA, or information that has been (a) independently developed
without access to HAHUSA Confidential Information as evidenced in writing;
(b) rightfully received by Purchaser from a third party; or (c) required
to be disclosed by law or by a governmental authority.
- INFORMATION
RIGHTS. HAHUSA may retain and use for its own purposes all
information Purchaser provides, including but not limited to App
demographics and contact and billing information. Purchaser agrees that HAHUSA
may transfer and disclose to third parties personally identifiable
information about Purchaser for the purpose of approving and enabling
Purchaser’s participation in the Services, including to third parties that
reside in jurisdictions with less restrictive data laws than Purchaser’s
own jurisdiction. HAHUSA disclaims all responsibility, and will not be
liable to Purchaser, however, for any disclosure of that information by
any such third party. HAHUSA may share aggregate (i.e., not personally
identifiable) information about Purchaser with sponsors, and other third
parties. Additionally, Purchaser grants to HAHUSA a non-exclusive license
to republish in any medium advertisements, web pages, banners,
interstitials or other content for purposes of marketing HAHUSA products
and Services.
- TERMINATION.
HAHUSA may terminate or suspend any and all services and access
immediately, without prior notice or liability, if Purchaser breaches any
of the terms or conditions of this Agreement. Any fees paid hereunder are
non-refundable. Upon termination of the Purchaser’s account, Purchaser’s
right to use the Services will immediately cease. All provisions of this
Agreement which by their nature should survive termination shall survive
termination, including, without limitation, warranty disclaimers, and
limitations of liability.
- REPRESENTATIONS
AND WARRANTIES. Purchaser represents and warrants that (i) Purchaser is
the owner of each website used with this service Purchaser designates in
connection with the use of Services or that Purchaser is legally
authorized to act on behalf of the owner of such website for the purposes
of this Agreement, and (ii) Purchaser has all necessary right, power and
authority to enter into this Agreement and to perform the acts required of
Purchaser hereunder. Purchaser further represents and warrants that each
of Purchaser’s websites, Promotions and any material displayed therein:
(a) comply with all applicable laws, statutes, ordinances and regulations;
(b) do not breach and have not breached any duty toward or rights of any
person or entity including, without limitation, rights of intellectual
property, publicity or privacy, or rights or duties under consumer
protection, product liability, tort, or contract theories; and (c) are not
hate-related in content.
- MISCELLANEOUS.
The failure of either party to exercise in any respect any right provided
for herein shall not be deemed a waiver of any further rights hereunder. HAHUSA
shall not be liable for any failure to perform its obligations hereunder
where such failure results from any cause beyond HAHUSA’s reasonable
control. If any provision of this Agreement is found to be unenforceable
or invalid, that provision shall be limited or eliminated to the minimum
extent necessary so that this Agreement shall otherwise remain in full
force and effect and enforceable. This Agreement is not assignable,
transferable or sub licensable by Purchaser except with HAHUSA’s prior
written consent. This Agreement shall be governed by and construed in
accordance with the laws of the state of Arizona without regard to the
conflict of law’s provisions thereof. Both parties agree that this
Agreement is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous
written and oral agreements, communications and other understandings
relating to the subject matter of this Agreement, and that all
modifications must be in a writing signed by both parties, except as
otherwise provided herein. No agency, partnership, joint venture, or
employment is created as a result of this Agreement and Purchaser does not
have any authority of any kind to bind HAHUSA in any respect whatsoever.
Policy regarding compliance departments in larger organizations; No charge
if Ad doesn’t run due to compliance department rejecting ad placement. We
must be emailed rejection reason from the compliance department directly,
not the client because often there can be a simple misunderstanding.
- DEFAULT.
We may declare you in default under this Agreement for any of the
following reasons: (1) you fail to pay any Installment by the due date,
and after any applicable grace period; (2) you violate any promise you
make to us in this Agreement which significantly impairs your ability to
pay or our ability to collect the amounts due under this Agreement; (3)
you file for protection under the United States Bankruptcy Code, or become
subject to a proceeding which seeks relief from debt; (4) you have made a false
or misleading statement about an important matter in connection with this
Agreement; (5) you revoke your consent to electronic communications; or
(6) you die or become legally incompetent.
Consequences of Default. If you are in default of this Agreement, we can require you to pay the remaining amount you owe us under this Agreement at once, subject to any right you may have to notice of default and to cure such default. We may seek payment of this amount by charging your credit or debit card pursuant to any pre-authorization you provided us under this Agreement. If we refer this Agreement to an attorney who is not our salaried employee for collection, we may require you to pay our reasonable attorneys’ fees and expenses, to the extent permitted by applicable law.
Assignment. You are hereby notified that, in connection with the services provided by us we may transfer, sell or assign the Installments, and any associated rights, to us or one of its affiliates without your consent. If we do so, this Agreement will remain in effect and will be binding on and will inure to the benefit of our assign(s). You may not transfer your rights under this Agreement and any attempt to do so will be void.
Governing law; Severability. This Agreement (and our dealing prior to this agreement being made) shall be governed by federal law, and to the extent not pre-empted, the laws of the state in which you purchased the goods and services. If any provision of this Agreement or portion thereof is held to be unenforceable, this determination will not affect the remainder of this Agreement. - LIMITATION
OF LIABLITY. You agree that we and our respective service providers,
agents, officers, directors, and employees (and the same of our
subsidiaries and affiliates and our subsidiaries and affiliates
themselves) (collectively, the “Indemnified Parties”) will not be liable
for anything we do when following your instructions. In addition, the
Indemnified Parties will not be liable if any such Indemnified Party
doesn’t follow your instructions if we reasonably believe that your
instructions would expose us to potential loss or civil or criminal
liability, or conflict with customary banking practices. THE INDEMNIFIED
PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES
REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF WE FAIL TO STOP PAYMENT ON AN ITEM, OR PAY
AN ITEM BEARING AN UNAUTHORIZED SIGNATURE, FORGED SIGNATURE, OR FORGED
ENDORSEMENT OR ALTERATION, OUR LIABILITY, IF ANY, WILL BE LIMITED TO THE
FACE AMOUNT OF THE ITEM. The foregoing limitation of liability will not
apply where expressly prohibited by the laws governing your Account. This
Limitation of Liability section will survive termination of this
Agreement.
- ARBITRATION
AGREEMENT. We are always interested in resolving disputes, claims, or
controversies (“Claim”) amicably and efficiently, and most customer
concerns can be resolved quickly and to the customer’s satisfaction by
contacting us by email at [email protected] or by mail at Helping
American Heroes, 7400 N Oracle Rd. Suite 310, Tucson, AZ 85704. If such
efforts prove unsuccessful, you and we agree that all disputes shall be
resolved by binding arbitration on an individual basis. A party who
intends to seek arbitration must first send to the other, by certified
mail, a written Notice of Dispute (“Notice”). The Notice must (a) describe
the nature and basis of the Claim and (b) set forth the specific relief
sought. If you do not resolve the Claim with us or the Indemnified Party
within 60 calendar days after the Notice is received, you, we or the
Indemnified Party, as applicable, may commence an arbitration proceeding,
as set forth in this section. Arbitration will be conducted by a neutral
arbitrator in accordance with the AAA rules and procedures, including the
AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as
modified by this Arbitration Agreement. The arbitrator must also follow
the provisions of this Agreement as a court would. IF ANY PARTY COMMENCES
ARBITRATION WITH RESPECT TO A CLAIM, NEITHER YOU, WE, OR THE INDEMNIFIED
PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY
TRIAL ON THAT CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS
PROVIDED FOR IN THE APPLICABLE AAA RULES. FURTHER, YOU WILL NOT HAVE THE
RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF
CLAIMANTS PERTAINING THAT CLAIM, AND YOU WILL HAVE ONLY THOSE RIGHTS THAT
ARE AVAILABLE IN AN INDIVIDUAL ARBITRATION. THE ARBITRATOR’S DECISION
SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT AS PROVIDED IN THE
FEDERAL ARBITRATION ACT (the “FAA”). Notwithstanding the foregoing, you
and we retain the right to pursue in a small claims court (or an
equivalent state court) any dispute that is within that court’s
jurisdiction, so long as the disputes remain in such court and advance
only an individual claim for relief. If either you or we fail to submit to
binding arbitration of an arbitral dispute following lawful demand, the
party so failing shall bear all costs and expenses incurred by the other
in compelling arbitration.
THIS ARBITRATION AGREEMENT DOES NOT APPLY TO YOU IF, AS OF
THE DATE OF THIS AGREEMENT, YOU ARE A COVERED BORROWER UNDER THE FEDERAL
MILITARY LENDING ACT. IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE
COVERED BY THE MILITARY LENDING ACT, IN WHICH CASE THIS ARBITRATION PROVISION
DOES NOT APPLY TO YOU, PLEASE CONTACT US AT 1 800-863-2541.
Prohibition of Class and Representative Actions and
Non-Individualized Relief. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US OR
INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS
BOTH YOU AND THE INDEMNIFIED PARTY AGREE OTHERWISE, THE ARBITRATOR MAY NOT
CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT
OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND
DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND
ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S
INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR
MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED
FOR THE ENFORCEABILITY OF THIS PROVISION.
MILITARY LENDING ACT NOTICE: Federal law provides important
protections to members of the Armed Forces and their dependents relating to
extensions of consumer credit. In general, the cost of consumer credit to a
member of the Armed Forces and his or her dependent may not exceed an annual
percentage rate of 36 percent. This rate must include, as applicable to the
credit transaction or account: the costs associated with credit insurance
premiums; fees for ancillary products sold in connection with the credit transaction;
any applicable fee charged (other than certain application fees for specified
credit transactions or accounts); and any participation fee charged (other than
certain participation fees for a credit card account). To receive this
information and a description of your payment obligation orally, please call 1
800-863-2541.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS
SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE
SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS
HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE
DEBTOR HEREUNDER.
- ENTIRE
AGREEMENT. Oral agreements or oral commitments to loan money, extend
credit, or to forbear from enforcing repayment of a debt may not be
enforceable under applicable law. To protect you (as the buyer) and us (as
the seller) from misunderstanding or disappointment, you and we
acknowledge and agree that this written Agreement is a final expression of
the agreement between you and us, and this Agreement may not be
contradicted by evidence of prior, contemporaneous, or subsequent oral
agreements of the parties. The terms of this Agreement may not be changed
except in a writing signed by you and us. No change shall release any
party from liability unless otherwise expressly stated in writing.
- DISPUTES:
If Purchaser disputes any payment made in connection with the Services,
Purchaser must notify HAHUSA in writing within thirty (30) days of any
such payment. Failure to notify HAHUSA shall result in the waiver by
Purchaser of any claims related to such disputed payment. Payment shall be
calculated solely based on records maintained by HAHUSA. No other
measurements or statistics of any kind shall be accepted by HAHUSA or have
any effect under this Agreement.
HAHUSA shall not be liable for any payment based on (i) any fraudulent impressions generated by any person, robot, automated program or similar device or for fraudulent impressions similarly generated on any advertisements, as reasonably determined by HAHUSA; (ii) advertisements delivered to end users whose browsers have JavaScript disabled; or (iii) impressions commingled with a significant number of fraudulent impressions or fraudulent clicks described in (i) above, or as a result of another breach of this Agreement by Purchaser for any applicable pay period. - GUARANTEE:
There is no performance guarantee.
- REFUNDS:
We want you to be satisfied with your Services. However, when you purchase
Services from us, we make a commitment to our advertising partners for the
length of your sponsorship. Because we are making this commitment on your
behalf, and incur costs as a result, we do not offer refunds for the
Services once you have purchased them.
- BILLING
POLICY. Month to Month, Quarterly, Semi-Annual or Annual billing are
billing periods. Sponsorships will auto-renew until you ask us to
stop. In order to make sure we can stop your sponsorship in time, we
require written notice at least 10 days prior to your next renewal date.
This applies only to renewal periods, your commitment length must be
fulfilled. Purchaser agrees to pay all applicable taxes or charges imposed
by any government entity in connection with Purchaser’s use of the
Services.
- CANCELLATION. We
can pause your sponsorship at any time, however if you are making
payments, those payments will be continued. To ensure we can pause
your sponsorship on time, a written notice of pausing your sponsorship is
required at least 10 days prior to your next billing date.
- RENEWAL
POLICY. If your services are purchased as a subscription that is billed
monthly, quarterly, semi-annual or annual basis (Your selected billing
preference) will renew automatically. We will process the form of payment
on the account on each renewal term on the calendar day corresponding to
the first day you subscribed to a paid subscription. To avoid having your
account automatically renewed go to https://www.hahusa.org/contact/ and
complete the form at least 10 days before your renewal date.