HAESTR Terms of Use
Effective as of 17 July 2023
Please read these Terms of Use (“Terms”) carefully as they govern your use of (which includes access to) HAESTR’s personalized services for using the HÆSTR mobile application and other content, including all of our, HAESTR AS, websites and software applications that incorporate or link to these Terms (collectively, the “HAESTR Service”) and any other material that is made available through the HAESTR Service (“Content”).
Use of the HAESTR Service is subject to the HAESTR Privacy Policy and additional terms and conditions presented by HAESTR, all of which are made part of these Terms by this reference.
By signing up for, or otherwise using, the HAESTR Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the HAESTR Service or access any Content.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 6 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Service provider
These Terms are between you and HAESTR AS, Rødsbakken 8, 1771 Halden, Norway.
Age and eligibility requirements
BY USING THE HAESTR SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, in order to use the HAESTR Service and access any Content, you represent that: any registration and account information that you submit to HAESTR is true, accurate, and complete, and you agree to keep it that way at all times.
HAESTR Service options
We provide numerous HAESTR Service options. Certain HAESTR Service options are provided free of charge, while other options require payment before they can be accessed (“Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.
Third-party applications, devices and open source software
The HAESTR Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services (“Third-Party Applications”) and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices (“Devices”). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. HAESTR does not guarantee that Third-Party Applications and Devices will be compatible with the HAESTR Service.
Service limitations and modifications
We use reasonable efforts to keep the HAESTR Service operational and to provide you with a personalized, immersive audio experience. However, HAESTR reserves the right to change our HAESTR Service offerings and their availability from time to time, without notice or liability to you. For example:
If you have prepaid fees directly to HAESTR for a Paid Subscription that HAESTR permanently discontinues prior to the end of your Prepaid Period (as that term is defined in the “Payments and cancellations” section below), HAESTR will refund you the prorated portion of the prepaid fees for the Pre-Paid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.
HAESTR has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other HAESTR Service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
Creating an in-app account (“HÆSTR account”)
You may need to create a HÆSTR account to use all or part of the HAESTR Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our customer service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
HAESTR may reclaim, or require you to change, your username for any reason.
Your rights to use the HAESTR Service
Access to the HAESTR Service
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the HAESTR Service and the Content (collectively, “Access”). This Access shall remain in effect unless and until terminated by you or HAESTR. You agree that you will not redistribute or transfer the HAESTR Service or the Content.
The HAESTR software applications and the Content are licensed, not sold or transferred to you, and HAESTR and its licensors retain ownership of all copies of the HAESTR software applications and Content even after installation on your Devices.
HAESTR’s proprietary rights
The HAESTR Service and the Content are the property of HAESTR or HAESTR’s licensors. All HAESTR trademarks, service marks, trade names, logos, domain names, and any other features of the HAESTR brand (“HAESTR Brand Features”) are the sole property of HAESTR or its licensors. These Terms do not grant you any rights to use any HAESTR Brand Features whether for commercial or non-commercial use.
You agree to abide by the HAESTR User Guidelines and not to use the HAESTR Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.
Payments and cancellation
Some of the data we provide in HAESTR Service is “veterinary” related information. It does not constitute “veterinary advice” and we provide this data for your general use only. It may be historical or incomplete data, or could be an opinion that is not widely held. It may at times be inaccurate. Your particular animal’s situation has not been considered when providing the data, so any reliance on this information is at your sole risk, and you should always seek independent professional advice before reliance on the information.
We exclude, to the maximum extent permitted by law, any liability in connection with your use of our services and its content. We are not responsible for any loss or damage suffered in connection with your use of our services, its content, any interruptions, changes, suspension or termination of our services or any events beyond our control.
Payments and cancellation
Billing
You may purchase a Paid Subscription directly from HAESTR or through a third party either by:
Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the HAESTR Service in addition to these Terms. Please contact the third party regarding any refunds or to manage your subscription.
Price and tax changes
HAESTR may from time to time make changes to Paid Subscriptions, including recurring subscription fees, and the Prepaid Period (for periods not yet paid), and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the HAESTR Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
Renewal and cancellation
With the exception of Paid Subscriptions for a Prepaid Period, your payment to HAESTR or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our customer support team for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the HAESTR Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
User guidelines
We’ve established guidelines for using the HAESTR Service, to make sure the HAESTR Service stays enjoyable for everyone (“HAESTR User Guidelines”). In using the HAESTR Service, you must comply with the HAESTR User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.
Export control and sanctions
Certain HAESTR products and services are subject to trade control laws, including the export control and economic sanctions laws of the United States, the European Union, the United Kingdom and other jurisdictions, including but not limited to the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), the International Traffic in Arms Regulations maintained by the U.S. Department of State, Regulation 2021/821 as amended (EU Dual-Use Regulation), the UK Export Control Act 2002 and the UK Export Control Order 2008 (collectively, “Trade Control Laws”). You represent and warrant that you are (1) not located in, organized under the laws of, or ordinarily resident in any country or territory subject to territorial sanctions (“Sanctioned Country”), nor are you owned by or acting on behalf of a Government subject to asset-blocking sanctions or any person or entity organized, located or ordinarily resident in a Sanctioned Country; and (2) not a person identified on, or more than 50% owned or controlled, directly or indirectly, by or acting on behalf or at the direction of any entity identified on, U.S., E.U., U.K., or other applicable government restricted party lists, such as the Specially Designated Nationals List maintained by OFAC, the Consolidated list of persons, groups and entities subject to EU financial sanctions, or the UK Consolidated List.
You agree to comply with all applicable Trade Control Laws in your use of the HAESTR Service. Specifically, you agree not to, directly or indirectly, use, sell, supply, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from HAESTR under these Terms to any destination, entity, or person or for any end use prohibited by applicable Trade Controls Laws. HAESTR shall not be required to act in any way that is prohibited under applicable Trade Control Laws, and it shall be in the sole discretion of HAESTR to refrain from being directly or indirectly involved in the provision of products or services that may be prohibited under applicable Trade Control Laws.
User Content
The content you post on the HAESTR Service
HAESTR users may post, upload, or otherwise contribute content to the HAESTR Service (“User Content”). For the avoidance of doubt, User Content includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the HAESTR Service by users.
You are solely responsible for all User Content that you post.
You promise that, with respect to any User Content you post on HAESTR, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by HAESTR pursuant to the license granted below, does not: (i) violate these Terms, including the HAESTR User Guidelines, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by HAESTR or any other individual or entity without the prior express written consent from HAESTR or such individual or entity.
Monitoring user content
HAESTR may, but has no obligation to, monitor or review User Content. HAESTR reserves the right to remove or disable access to any User Content for any or no reason. HAESTR may take these actions without prior notification to you.
Licenses that you grant to us
User Content
You retain ownership of your User Content when you post it to the HAESTR Service. However, in order for us to make your User Content available on the HAESTR Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant to HAESTR a non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the HAESTR Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Feedback
If you provide ideas, suggestions, or other feedback in connection with your use of the HAESTR Service or any Content (“Feedback”), such Feedback is not confidential and may be used by HAESTR without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
Your Device
You also grant to us the right (1) to allow the HAESTR Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the HAESTR Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.
Content experience
In any part of the HAESTR Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including HAESTR’s agreements with third parties.
Some Content licensed by, provided to, created by, or otherwise made available by HAESTR may incorporate advertising or other promotional messages.
Customer support, information, questions, and complaints
For customer support with account- and payment-related questions (“Customer Support Queries”), please use customer support resources listed on the bottom section of our website.
If you have any questions concerning the HAESTR Service or these Terms (including any additional HAESTR terms and conditions incorporated herein), please contact HAESTR customer service by visiting the bottom section of our website.
Suspending and terminating the HAESTR Service
These Terms will continue to apply to you until terminated by either you or HAESTR. HAESTR may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the HAESTR Service at any time if we believe you have breached any of these Terms, if we stop providing the HAESTR Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or HAESTR terminate these Terms, or if HAESTR suspends your access to the HAESTR Service, you agree that HAESTR shall have no liability or responsibility to you, and (except as expressly provided in these Terms) HAESTR will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the HAESTR Service. To learn how to terminate your HÆSTR account, please use the customer support resources on the bottom section of our website.
The following sections shall survive termination: Sections 2 (The HAESTR Service), 3 (Your Use of the HAESTR Service) (except as set forth therein), 4 (Content and Intellectual Property Rights), 6 (Problems and Disputes), 7 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
Warranty disclaimers
THE HAESTR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, HAESTR AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER HAESTR NOR ANY OWNER OF CONTENT WARRANTS THAT THE HAESTR SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, HAESTR MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE HAESTR SERVICE OR ANY HYPERLINKED WEBSITE, AND HAESTR IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM HAESTR SHALL CREATE ANY WARRANTY ON BEHALF OF HAESTR. WHILE USING THE HAESTR SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.
Limitation of liability and time for filing a claim
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE HAESTR SERVICE IS TO UNINSTALL ANY HAESTR SOFTWARE AND TO STOP USING THE HAESTR SERVICE. YOU AGREE THAT HAESTR HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE HAESTR SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO HAESTR, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HAESTR, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE HAESTR SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER HAESTR HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE HAESTR SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO HAESTR DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B) $30.00.
For clarification, these Terms do not limit HAESTR’s liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND OR FILING AN INDIVIDUAL ACTION AS SPECIFIED UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
Third-party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, (1) these Terms are not intended to grant rights to anyone except you and HAESTR; and (2) in no event shall these Terms create any third-party beneficiary rights.
If you have downloaded any of our mobile software applications (each, an “App”) from the Apple Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and HAESTR only, not with Apple, and Apple is not responsible for the HAESTR Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the HAESTR Service. In the event of any failure of the HAESTR Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the HAESTR Service. Apple is not responsible for addressing any claims by you or any third party relating to the HAESTR Service or your possession or use of the HAESTR Service, including: (1) product liability claims; (2) any claim that the HAESTR Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the HAESTR Service or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the HAESTR Service. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
Indemnification
You agree to indemnify and hold HAESTR harmless from and against all damages, losses, and expenses of any kind (including reasonable attorneys’ fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional HAESTR terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the HAESTR Service; and (4) your violation of any law or the rights of a third party.
Governing law, jurisdiction, and jury trial waiver
These Terms and any dispute, claim, and/or controversy that in any way relates to or arises in connection with these Terms or your relationship with HAESTR as a user of the HAESTR Service (“Dispute”) are governed by and shall be construed in accordance with the laws of Norway. Further, you and HAESTR agree to the exclusive jurisdiction of Oslo District Court to resolve any Dispute that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
To the fullest extent permitted by applicable law, the parties agree to waive any right to a jury trial.
ARBITRATION AGREEMENT
This Arbitration Agreement section sets forth the terms and conditions pursuant to which Disputes between you and HAESTR will be resolved through individual arbitration (“Arbitration Agreement”).
Dispute resolution and arbitration
Subject to the exceptions set forth in the “Exceptions to arbitration” section below, you and HAESTR agree that any Dispute between you and HAESTR (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by binding individual (not class) arbitration. The arbitrator has the authority to rule on all issues except that a court has exclusive authority to: (1) decide arbitrability, as well as scope, validity, and enforceability of this Arbitration Agreement; (2) decide whether you and HAESTR have complied with the pre-arbitration filing requirements (including the requirements described in the “Pre-arbitration notice of dispute and informal resolution period” section below); (3) enforce the prohibition on class or representative actions; (4) enforce the provisions regarding mass arbitrations; and (5) enjoin an arbitration from proceeding if it does not comply with this Arbitration Agreement. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator can award the same damages and relief as a court (including attorneys’ fees and costs where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
Exceptions to arbitration
You and HAESTR both agree that any Dispute relating to any actual or alleged infringement of your or HAESTR’s intellectual property rights shall be brought in Oslo District Court, Norway, and that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of your or HAESTR’s rights, at any time, to elect to have an individual action heard in: (1) a Norwegian conciliation board; or (2) a court of law, in accordance with the jurisdiction and venue described in the “Governing law, jurisdiction, and jury trial waiver” section above, seeking only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement does not stop you or us from bringing issues to the attention of national or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
No class or representative proceedings and class action waiver
YOU AND HAESTR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION OR LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. Unless both you and HAESTR agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.
Pre-arbitration notice of dispute and informal resolution period
A party who intends to seek arbitration must first send a written notice of the Dispute (“Notice”) to the other. Notices to HAESTR must be sent by email to support@haestr.com, and Notices to you must be sent to the email address associated with your HÆSTR account. All Notices must: (1) be personally signed by the party sending the Notice; (2) provide the relevant user’s name, email address associated with the user’s HÆSTR account, and HÆSTR username; (3) describe with specificity the nature and basis of the Dispute; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it.
After a Notice containing all of the information required above is received, the parties agree to engage in good faith for a period of sixty (60) days in an effort to resolve the Dispute (this time period may be extended by agreement of the parties) (“Informal Resolution Period”). The party receiving the Notice may request a telephone or video settlement conference during the Informal Resolution Period in an effort to facilitate resolution of the Dispute (“Informal Settlement Conference”). The Informal Settlement Conference, if any, will take place at a mutually agreeable time, which can be after the sixty (60) day Informal Resolution Period if needed to accommodate the parties’ schedules. During the Informal Settlement Conference, you and a HAESTR representative must both personally participate in a good-faith effort to resolve the Dispute without the need to proceed with arbitration. Any counsel representing the parties also may participate. Personal participation in an Informal Settlement Conference will not be required if both you and HAESTR agree in writing.
The Notice, Informal Resolution Period, and Informal Settlement Conference are intended to give the parties a meaningful opportunity to resolve Disputes informally. If any aspect of this “Pre-arbitration notice of dispute and informal resolution period” section has not been met, the parties agree that a court can enjoin the filing or prosecution of an arbitration and, unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration nor demand fees in connection with such an arbitration. Notwithstanding the foregoing, a party retains the right to raise non-compliance with the requirements of this section and seek appropriate relief in arbitration.
Any applicable statute of limitations or contractual limitations period will be tolled for any claims and requests for relief set forth in a Notice from the date that either you or HAESTR sends the other a fully complete Notice until: (1) thirty (30) days after completion of the Informal Resolution Period, if no Informal Settlement Conference is held; or (2) thirty (30) days after completion of the Informal Settlement Conference if an Informal Settlement Conference is held (“Tolling Period”).
Neither you nor HAESTR may commence an arbitration proceeding until after the Tolling Period has ended.
Under applicable law, you may have certain rights that can’t be limited by a contract. These Terms are in no way intended to restrict those rights.
Changes
We may make changes to these Terms (including any additional HAESTR terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable HAESTR Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other prominent notice within the HAESTR Service, or other means). Your use of the HAESTR Service following any changes to these Terms will constitute your acceptance of such changes. Premium Subscribers who do not wish to continue using the HAESTR Service under the updated Terms must close their HÆSTR account prior to their renewal date or thirty (30) days after the Effective Date, whichever occurs first. If HAESTR makes any material change to the Arbitration Agreement (other than a change to the notice address), you may reject any such change by sending us a personally signed, written notice of your decision to opt out of those changes via email to support@haestr.com. This opt-out notice must be sent within thirty (30) days of when we notify users of the change and include: (1) your name, address, email address associated with your HÆSTR account, phone number, and HAESTR username. Such an opt-out must be sent by you personally from your personal email address, and not by your agent, attorney, or anyone else purporting to act on your behalf. The opt-out notice also must include a statement that you wish to reject the change to the Arbitration Agreement. Opting out of a material change to the Arbitration Agreement is not an opt-out of arbitration altogether. Even if you opt out of a material change to the Arbitration Agreement, you and HAESTR agree that any Dispute will be determined by binding individual (not class) arbitration in accordance with the Arbitration Agreement in effect immediately before any such opt-out.
Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and HAESTR, these Terms constitute all the terms and conditions agreed upon between you and HAESTR and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing use of the HAESTR Service are incorporated herein by reference, including the following terms and conditions: HAESTR Privacy Policy; HAESTR User Guidelines.
Severability and waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by HAESTR or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive HAESTR’s or the applicable third-party beneficiary’s right to do so.
Assignment
HAESTR may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms to any third party.
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