Last updated: Feburary 21, 2023
These terms of use are entered into by and between You and Haven Energy, Inc. and its subsidiaries and affiliates (“Haven,” “we,” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of www.havenenergy.com, including any content, functionality and services offered on or through www.havenenergy.com (the “Website”), whether as a guest or a registered user. By using the Website, you have read and accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. By continuing to use the Website, you agree to check this page each time you access this Website and agree to any changes or updates to these Terms of Use.
The Website and its entire contents, features, and functionality, are owned by Haven, its 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. These Terms of Use permit you to use the Website 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 our Website. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Haven name, the Haven logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Haven or its affiliates or licensors. You must not use such marks without the prior written permission of Haven. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
While Haven uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your own risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with Haven.
The Site and the information or materials herein are provided on an "as is" basis. Haven makes no representation or warranty, either express or implied, of any kind with respect to the Site or its contents (such as product descriptions and prices) including, but not limited to, merchantability and fitness for a particular purpose, how current it is, its accuracy, its completeness, product availability, its security, that defects will be corrected or that the Site, any hyperlinked web site, or the servers upon which they reside are free of viruses or other harmful components.
None of Haven or any of its respective directors, employees, agents, or other representatives will be liable for damages, claims, expenses or other costs (including without limitation legal fees) arising out of or in connection with the use of, or inability to use, the Site or any information contained on it, or any hyperlinked website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, exemplary, punitive and consequential damages, loss of programs or data, income or profit, loss or damage to property and claims of third parties.
You agree that use of the Site is at your sole risk and that your exclusive and sole remedy is to stop using the Site.
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. This Website may provide certain social media features that enable you to:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice for any reason. We may disable all or any social media features and any links at any time without notice in our discretion.
5.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND CONTENT (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION) IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE PLATFORM AND PLATFORM CONTENT RESIDES WITH YOU. HAVEN EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON- INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND DATA ACCURACY.
5.2 ANY AND ALL INFORMATION CONTAINED ON OR WITHIN THE PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD.
5.3 THE PLATFORM IS OFFERED IN JURISDICTIONS WHERE IT MAY BE LEGALLY OFFERED. THE PLATFORM AND THE INFORMATION OFFERED THROUGH IT IS NOT OFFERED TO ANYONE IN ANY JURISDICTION IN WHICH SUCH AN OFFER CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH AN OFFER.
5.4 HAVEN WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE PLATFORM OR PLATFORM CONTENT. YOU EXPRESSLY ACKNOWLEDGE THAT HAVEN HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE PLATFORM AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HAVEN. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE AND CONTINUE TO APPLY IN THE CASE OF THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
5.5 HAVEN WILL NOT HAVE ANY LIABILITY UNDER THIS AGREEMENT FOR INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS; AND HAVEN'S MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED $500.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Austin and County of Travis, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Haven's sole discretion, it may require You to submit disputes arising from these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
You agree to defend, indemnify, and hold harmless Haven, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or any and all of your use of the Website.
8.1 You acknowledge that some or all the services may be provided by one or more service providers (individually and/or collectively “Service Provider”), where any Service Provider is a third party to this agreement. This agreement is between you and Haven, not a Service Provider. To use the Platform, you may also be required to agree to be bound by terms and conditions specified by the Service Provider. You represent and warrant to Haven that as a condition of using the Platform you will abide by any required terms and conditions specified by the Service Provider.
8.2 In addition to other disclaimers and exclusions contained in this Agreement, Haven expressly disclaims to the maximum extent permitted by law: (i) any and all liability related to the Platform involving “content,” as defined in the HAVEN SERVICES AND CONTENT section herein, which belongs to Service Provider; (ii) any and all liability related to maintenance or support with respect to the Platform provided by Service Provider; and (iii) any and all liability related to claims with respect to product liability, intellectual property rights, consumer protection, privacy, or failure to conform to any applicable legal or regulatory requirement involving Service Provider's conduct or content
9.1 To access and use the Platform, you must be 18 years of age or older and located in the United States. By downloading, accessing, or using the Platform, you represent and warrant that (i) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; and (ii) you are not listed on any United States government list of prohibited or restricted parties.
9.2 By downloading, accessing, or using the Haven Platform, you are indicating your: (i) acceptance of, and agreement to be legally bound by, all of the terms and conditions of this Agreement; and (ii) consent to the installation of any software including, but not limited to, scripts, browser plugins, applets, and mobile applications as part of the Platform on the computer or mobile device you are using to access the the Platform. If you do not accept and agree to this Agreement, you must not install, access or use the Platform.
These Payment Terms describe your agreement to pay for current and future goods and services, together with any charges or fees applied by us related to goods or services.
In order to use certain services, including authorized automatic or one-time payments, you allow Haven to store, maintain, and recover funds from your specified payment method in accordance with these Payment Terms. Haven may amend these terms from time to time and any changes are effective when posted to this page.
When you add a payment method to your Haven account, such as a credit card, certain information including, but not limited to device location, device identification number, and card information may be sent to Haven and shared with our payment processor. Card information is encrypted during the transmission and Haven will not have access to the actual card number. When the stored payment method or a new credit card is used for purchasing goods and services on a Haven hosted website or application, the necessary information to process payment will be shared with our processors and our banking partners, to process your payment, comply with financial regulations, to prevent fraud, and for troubleshooting any payment issues. When you pay using your bank account details, those details are stored by Haven in an encrypted format that prevents unauthorized access without specific permissions. For information on how we handle your payment information, please see Haven's Privacy Notice.
You must maintain at least one valid payment method in your Haven Account. Any services received may result in charges being applied to your saved payment method, and charges may include taxes as required by law.
When you request a bank payment such as an Automated Clearing House (ACH), and where required by law, we will inform you at least three days before the initial payment due date, and up to one day before payment is collected. You may amend or cancel this authorization at any time by providing us with thirty (30) days'notice. You have certain recourse rights if any debit does not comply with this agreement, such as the right to receive reimbursement in the event of an unauthorized debit inconsistent with these terms. To obtain more information on your recourse rights, contact your financial institution.