These Havrion.com (the “Site”) Terms of Use (the “terms”) are entered into by and between you, the user accessing and/or using the Site (“you”), and Havrion LLC (“Havrion”, “we” or “us”). These terms together with the Havrion.com Privacy Policy and any documents that expressly incorporate by reference the terms or as indicated herein (collectively, these “Terms of Use”), govern your access to, and use of the Site, a copyrighted work belonging to Havrion. Certain features of the Site may be subject to additional guidelines, terms, or rules.  All such additional terms, guidelines, and rules are incorporated by reference into these terms. 

BY ACCESSING OR USING THIS SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

Modification of Terms

Havrion reserves the right to change, modify, or revise these terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes.

Access and Use of the Site 

Havrion grants you a limited license to access and use the Site for your own personal, non-commercial use. This license terminates automatically if you breach any of these terms and conditions of use. 

Restrictions on Use of Site 

You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:

• To modify, make derivatives of, disassemble, reverse compile, or reverse engineer any part of the Site.
• To access the Site in order to build a similar or competitive website, product, or service.
• To copy, modify, distribute, download, display, transfer, post or transmit the Site or its content in any form without Havrion’s prior written permission.
• To attempt to license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Site.
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Havrion or users of the Site or expose them to liability.
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site, or attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Use any device, software or routine that interferes with the proper working of the Site, or introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.

Intellectual Property 

You acknowledge the Site and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by Havrion, its affiliates, licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree not to delete or alter any copyright, trademark or other proprietary rights notices from any materials or content from this Site.

These terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these terms, your right to use the Site will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to any downloadable materials, Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Havrion. Any use of the Site not expressly permitted by these terms is a breach of these terms and may violate copyright, trademark, and other laws. There are no implied licenses granted to you under these terms.

The Havrion name, including, but not limited to, Havrion LLC, the Havrion logo, and all related names, logos, product and service names, designs and slogans are trademarks of Havrion or its affiliates or licensors. You must not use such names, designs or marks without the prior written permission of Havrion or its affiliates or licensors. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Feedback

In the event that you provide Havrion with any materials or feedback, including, but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information  (collectively, “Feedback”), you hereby assign to Havrion all rights in such Feedback, including all intellectual property rights therein, and agree that Havrion shall be entitled to the unrestricted use and exploitation of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree that you will not submit to Havrion any Feedback that you consider confidential or proprietary.

Use Within United States

The Site is controlled and operated by Havrion from its offices within the United States. Havrion does not represent that the Site is appropriate or available for use elsewhere; access to a Site from locations where its contents are illegal is not authorized. If you access a Site from outside the United States, you do so on your own initiative and at your own risk.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, IF APPLICABLE, IS AT YOUR OWN RISK, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HAVRION, ITS AFFILIATES, NOR ANY PERSON ASSOCIATED WITH HAVRION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER HAVRION, ITS AFFILIATES, NOR ANYONE ASSOCIATED WITH HAVRION REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. HAVRION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Third Party Content

Havrion does not review or control third party websites that link to or from the Site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Havrion does not endorse or adopt any third party websites or content and can make no guarantee as to its accuracy or completeness. All statements and/or opinions expressed in any third party websites, and all articles and responses to questions and other content, other than the content provided by Havrion and expressly identified as being provided Havrion, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Havrion. Havrion does not endorse represent, or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any third party website or content. Your use of such third party site and/or content is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.

Pricing; Availability Through the Site

Havrion reserves the right to make adjustments to pricing, products and other offerings that may appear on the Site for any reason, in its sole discretion. Any and all orders from Havrion are subject to product availability and the applicable terms and conditions for such product(s) and must be made through Havrion or an authorized Havrion partner, as solely determined by Havrion in its sole discretion. 

No Support or Maintenance

You acknowledge and agree that Havrion will have no obligation to provide you with any support or maintenance in connection with the Site. 
Limitation of Liability  
IN NO EVENT WILL HAVRION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF HAVRION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR SUCH DAMAGES WERE FORESEEABLE. YOUR ACCESS TO, AND USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND YOUR SOLE RISK, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HAVRION’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIME BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (USD $100). THE EXISTENCE OF MORE THAN ONE CLAIM DOES NOT ENLARGE THIS LIMIT. YOU AGREE THAT HAVRION’S AFFILIATES, LICENSORS AND SERVICE PROVIDERS, WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification 

You agree to indemnify, defend, and hold harmless Havrion, LLC and its affiliates, and their officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the website, your violation of any terms of this agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Havrion 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 Havrion in asserting any available defenses.

Privacy Policy 

Your use of the website is also governed by Havrion’s Privacy Policy, which is incorporated into these terms by this reference. Please review Havrion’s Privacy Policy to understand our practices.

Term and Termination

Subject to this section, these terms will remain in full force and effect while you access, or use, the Site. Havrion reserves the right, without notice and in its sole discretion, to terminate your license to access and use the Site. Upon termination of your license access and use the Site, your right to access and use the Site will terminate immediately, and you must immediately cease all access and use of the Site upon termination, including future access and use. Havrion may block or prevent future access to and use of the Site to you. Havrion will not have any liability whatsoever to you for any termination of your rights under these terms. 

Assignment

These terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated or otherwise transferred by you without Havrion’s prior written consent. Any attempted assignment, subcontract, delegation, or transfer by you in violation of the foregoing will be null and void. Havrion may freely assign these terms, and the terms and conditions set forth in these terms shall be binding upon assignees.

Electronic Communications

The communications between you and Havrion use electronic means, whether you use the Site or send us emails, or whether Havrion posts notices on the Site or communicates with you via email.  For contractual purposes, you (a) consent to receive communications from Havrion in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Havrion provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.  The foregoing does not affect your non-waivable rights.

Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.  Any action under these terms shall be brought in the state or federal courts of Broward, County, Florida.

Contact Information

If you have any questions about these Terms of Use, please contact us at [email protected]

Last Updated: November 1, 2024