Terms and Conditions
Effective: November 8, 2019
These terms and conditions (the "Agreement") relate to your use of this website ("Website"). This Agreement is a legal agreement between you and Tcorp62018 LLC d/b/a Haven, provider of the Website. The terms "Company," "we," "us," or "our" shall mean Tcorp62018 LLC d/b/a Haven, and the terms “you” or “use" shall mean a visitor to this Website. Please read this Agreement carefully. By accessing or using the Website, you acknowledge and agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, you may not access or use the Website.
This Website is generally accessible to the public and provides information about the Company. This Agreement does not apply to any password-protected websites or services that may, now or in the future, be created by the Company, which shall be governed by their own separate terms and conditions, unless otherwise provided.
This Agreement is subject to change at any time without prior notice, in our sole discretion. We will notify you of changes to this Agreement by posting an updated version of this Agreement on the Website, or by other appropriate means. You are responsible for being familiar with the current version on this Agreement posted on the Website during each instance of access. If, now or at any time in the future, you do not agree with the current version of this Agreement, you should immediately discontinue access to and use of the Website.
C. Compliance with Laws
You agree that you will not engage in the use of, or any activities related to, this Website that are contrary to applicable law, regulation, or the terms of any other agreements.
You agree that you will not:
- Use the Website in any manner that could interfere in any way with the operation of the Website or any server, network, or system associated with the Website, including without limitation:
- Taking any action that imposes an unreasonable load on the Website’s infrastructure;
- Hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks;
- Probing, scanning, or testing the vulnerability of the Website or any server, network, or system associated with the Website;
- Breaching or circumventing firewall, encryption, security, or authentication routines; or
- Accessing any data or other content not intended for you or which you are not expressly authorized to access;
- Use any device, software, process, or routine (including without limitation, web crawlers, robots, bots, spiders, or automated scripts) to alter, monitor, copy, extract, collect, harvest, gather, or interfere in any way with the Website or any data or content contained therein;
- Engage in any harassing, threatening, intimidating, predatory, or stalking conduct in connection with your use of the Website;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Website; or
- Use the Website in any other way that violates this Agreement or any applicable law.
Notwithstanding any other provision of this Agreement, we reserve the right to change, suspend, remove, or disable access to the Website or any content or other materials comprising a part of the Website at any time without notice, including through the blocking of certain IP addresses from accessing the Website in order to protect its integrity, and you acknowledge and agree that in no event will we have any liability for such actions. You should not rely on continued access to the Website for any purpose.
Use of the Website
The works of authorship contained on this Website including, but not limited to, all design, text, sound recordings, videos, logos, and images (together, "Content"), are either owned or licensed by us. Except as otherwise expressly stated herein, no license is granted to any of the materials on the Website and they may not be copied, modified, transmitted, displayed, republished, uploaded, performed, distributed (for compensation or otherwise), licensed to a third party, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without our prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of our proprietary rights to the extent that we may require. Nothing in this paragraph is intended to restrict your ability to license or obtain appropriate approvals separately from the third-party owners of the materials found on this Website.
Further, trademarks, service marks, and logos of Company used and displayed on the Website are registered and unregistered trademarks or service marks of the Company. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners in the United States and/or other countries. If you wish to use any of the marks displayed on this Website, you must obtain our prior written consent.
B. Limited License
To the extent that you are eligible to use the Website pursuant to the terms of this Agreement, we grant you a limited, non-exclusive, and revocable license to access and use the Website and any Content to which you have properly gained access to in accordance with this Agreement solely for your personal, non-commercial use. If and to the extent that you print or transmit any Content, you must maintain any and all Company indicia of ownership appearing on any such Content and cite this Website as the source of such Content. Under no circumstances may you copy or use our Content for commercial purposes. We reserve all rights not expressly granted to you in and to the Website and our Content. Further, we may revoke our consent to you under this Section or any other permission that we have granted to you under this Agreement at any time, for any reason, or for no reason. You agree that if we so request, you will immediately cease using and remove any use of our Content, regardless of whether doing so would result in a loss to you.
C. Reporting Copyright Violations
If you believe that your own copyrighted work is accessible through any website or application provided by us in violation of your copyright, you may provide our Designated Copyright Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3). For more information, please review our Copyright Policy below.
You acknowledge and agree that this Website may monitored, tracked, or recorded. This Website may be hosted, serviced, maintained, or administered by one or more of our third-party service providers, so you further acknowledge and agree that such third-party service providers may monitor, track, or record your access to the Website.
E. Third-Party Websites
Submissions to the Website
We may, currently or in the future, allow you, through certain portions or pages of the Website, to make voluntary submissions of certain information, materials, documents, or other content ("Submissions"). For the avoidance of doubt, we are under no obligation to offer such functionality and may choose to modify or discontinue such functionality at any time or for any reason whatsoever.
If you choose to make any Submissions, you agree that you will not:
- Provide any information about yourself that is not true, accurate, current, or complete;
- Provide any personal health information;
- Upload or otherwise transmit any Submission that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit, or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
- Upload or otherwise transmit any Submission that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission;
- Upload or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary or confidentiality rights of any party;
- Upload or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancel bots, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data, or personal information;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website; or
- Intentionally or unintentionally violate any applicable local, state, national, or international law.
B. Our Use of Submissions; Other Limitations
If you choose to make any Submissions, you further agree that:
- Any Submissions might be or become publicly accessible;
- We may share Submissions with our third-party suppliers or subcontractors, and that our third-party suppliers or subcontractors may collect, store, review, or otherwise manage Submissions;
- No business relationship or other partnership is created either through (i) your sending Submissions to us; or (ii) your use of the Website more generally;
- We (as well as any designee of ours) may use or disseminate such Submissions in an unrestricted manner for any purpose, whether commercial or otherwise, without acknowledgment or compensation to you;
- We shall in no way be liable for the deletion of, alteration of, or failure to store Submissions; and
- You will at all times remain responsible for Submissions that you upload or otherwise transmit.
We respect the intellectual property rights of others and users are prohibited from uploading, posting, or otherwise transmitting through any application or website offered by us any materials that violate another party’s intellectual property rights. When we receive a proper “Notification of Alleged Copyright Infringement” as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the DMCA.
A. Notification of Alleged Copyright Infringement
If you believe that your own copyrighted work is accessible through any website or application provided by us in violation of your copyright, you may provide our Designated Copyright Agent with a written communication as set forth in the DMCA that contains substantially the following:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.mycontentpage.com/item12345." If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.
- Identify the URL or other specific location on the application or website provided by us that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content on the following page infringes on my copyright http://www.mycontentpage.com/item67890."
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
- Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner’s behalf.
- Include your name, mailing address, telephone number and email address. You may submit your Notification of Alleged Copyright Infringement to our Designated Copyright Agent by mail or email as set forth below:
Designated Copyright Agent:
100 Summer Street
Boston, MA 02110
Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that content on any of our websites and/or applications is copyright infringing. Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section A, we will expeditiously remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material. If we receive a Notification of Alleged Copyright Infringement that does not contain all of the information described above, but provides a way for us to contact you, we will promptly follow up with you to request that you provide any information not previously provided.
B. Counter Notification
If you believe your own copyrighted material has been removed from our website or application as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Copyright Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). In order to be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
- A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party’s agent.
- Your name, address, and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature. You may submit your Counter Notification to our Designated Copyright Agent by mail or email as set forth below:
Designated Copyright Agent:
100 Summer Street
Boston, MA 02110
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date we receive your Counter Notification, unless our Designated Copyright Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.
C. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, we will terminate access to our websites or applications by users who are repeat infringers. We may also at our sole discretion limit access to our applications and/or websites and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
D. Security of Your Information
We take commercially reasonable steps to protect the security of the information about you, including information that you may send to us, whether through a Notification of Alleged Copyright Infringement, Counter Notification, or otherwise. Unfortunately, however, the transmission of information via the Internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of your information transmitted to us directly or through the Website. Accordingly, any such transmission of information is at your own risk and we encourage you to consider which types of information you are comfortable transmitting to us.
You agree to indemnify, defend, and hold us harmless from and against any and all damages, liabilities, fines, penalties, losses, expenses, fees, and costs (including without limitation reasonable attorneys’ fees and costs) related to all claims, causes of action, charges, and investigations, arising out of or relating to:
- Your access to or misuse of the Website or the Content;
- Any Submissions that you provide or otherwise transmit;
- Your violation of any of the terms of this Agreement;
- Any of your conduct or activities related to your use of the Website, including, without limitation, fraudulent, intentional or willful, reckless, negligent, or otherwise wrongful conduct; and/or
- Your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Term and Termination
This Agreement shall remain in full force and effect commencing upon your first use of the Website and thereafter until termination.
A. Termination by You
You may terminate your use of the Website at any time and for any reason.
B. Termination by Us
Without limiting any other provision of this Agreement, we reserve the right to, at our sole discretion and without notice or liability, deny you access to and use of the Website for any reason or no reason at all, including without limitation, for breach of any representation, warranty, or covenant contained herein, or for violation of any applicable law or regulation.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
Limitation of Liability and Disclaimer of Warranties
A. Access to Website
You shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed to access and use this Website. You shall also be responsible at all times for maintaining current and effective anti-virus and anti-spyware software. Access to this Website may from time to time be unavailable, delayed, limited or slowed. You acknowledge that there are certain security, corruption, transmission error, and access availability risks inherently and unavoidably associated with using the Internet. You assume all risks associated with the operation, performance and security of the Website and the use of open networks, and we disclaim all such risks.
B. No Warranties / Representations
neither we, nor our affiliates, respective officers, directors, employees, agents, suppliers, or licensors (collectively, the "company parties") make any warranties or representations that the website will operate error-free or that the website will be are free of computer viruses or similar contamination or destructive features. if your use of the website or the content results in the need for servicing or replacing equipment or data, no company party shall be responsible for those costs.
C. Limitation of Liability
because of the possibility of human and mechanical error as well as other factors, the website (including all content on the website) is provided “as is” and “as available.” in no event shall any company party be liable for any damages whatsoever (including, without limitation, incidental, and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website and the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such company party has been advised of the possibility of such damages. no license to you is implied in this agreement. to the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of the company parties (jointly) arising out of or in any way related to access or use of the website (or the content contained therein), exceed $100.
D. Additional Terms
You further agree that the limitations of liability set forth above will survive any termination or expiration of this Agreement and will apply even if any limited remedy specified herein is found to have failed its essential purpose. Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in such jurisdictions, some of the above limitations may not apply to you or be enforceable with respect to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of liability the Company Parties shall be limited to the greatest extent permitted by law. The invalidity of any portion of this section shall not affect the validity of the remaining portions of the applicable sections.
E. California Residents
If you are a California resident, you 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 or her favor at the time of executing the release, which, if known by him or her must have materially affected his settlement with the debtor."
Compliance with Applicable Laws
This Website is based in the United States. The content provided on this Website is not intended for distribution to or by use of any person or any entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement in such jurisdiction or country. Accordingly, we make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The Website is not directed towards children under 13 years of age, and we do not knowingly collect information from children under 13 years of age. Pursuant to 47 USC § 230(d), we hereby notify you that commercially available parental control protections such as computer hardware, software, and filtering services may be of assistance in limiting access to material that may be harmful to minors. To the extent of interest, you are encouraged to conduct independent research of such parental control products. We do not recommend or endorse any parental control product and specifically disclaim liability for the ineffectiveness of any parental control product acquired by you or for any damages that may be incurred by you or your minor children in using any such product in conjunction with the Website.
C. Export Restrictions
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
A. Dispute Resolution
To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement ("Dispute"), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other.
If you and we are unable to resolve a Dispute through informal negotiations, either you or we may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. you understand that absent this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the "JAMS Rules") and in accordance with the Expedited Procedures in those Rules. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules and, where appropriate, limited by the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless required to by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as mutually agreed otherwise, the arbitration will take place in Suffolk County, Commonwealth of Massachusetts. Except as otherwise provided in this Agreement, you and we may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
C. Limitations on Arbitration
You and we agree that any arbitration shall be limited to the Dispute between you and us individually. Further, to the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You and we agree that the following Disputes are not subject to any of the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or our intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief. If any portion of this Section is found to be illegal or unenforceable, then neither you nor we will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or enforceable and any such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and we agree to submit to the personal jurisdiction of that court.
A. Entire Agreement; Assignment
This Agreement, and any other terms and policies incorporated herein, constitute the entire agreement between you and us relating to the access to and use of the Website. You may not transfer or assign this Agreement, or any rights and licenses granted hereunder, without our prior written consent.
B. Governing Law; Venue
This Agreement, and your access to and use of the Website, is governed by the laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions or principles (whether of the Commonwealth of Massachusetts or of any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Suffolk County in the Commonwealth of Massachusetts.
C. Severability / Enforceability
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Further, you and we nevertheless agree that such court should endeavor to give effect to the parties’ intentions and reflected in the provision.
No waiver of any provision of this Agreement shall (i) be effective against us unless made in writing; or (ii) constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. Titles and Headings; Interpretation
The section titles and headings contained in this Agreement and provided for convenience only and shall have no legal or contractual effect. You agree that there shall be no presumption made against the drafter of this Agreement.
F. Electronic Agreement
You agree that there shall be no presumption made against the drafter of this Agreement.
A. Contact Information
For further information regarding the Website or to resolve a complaint about the Website, please contact us at firstname.lastname@example.org.
B. California Residents
If any complaint with us is not satisfactorily resolved and you are a California resident, you can contain the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916)-445-1254.