Hawaya Website Terms of Use

LAST UPDATED: 30th September 2020

These Terms of Use constitute a binding agreement between Hawaya, Inc. (“Hawaya”, “we,” or “us”) and you concerning your use of https://www.hawaya.com/ (“the Site”). By visiting the Site, you accept these Terms of Use. If you do not wish to be bound by these Terms of Use, do not use the Site.

These Terms of Use do not apply to the use of the “Hawaya” mobile app. We refer you to the app’s Terms and Conditions of Service, for the terms applicable to use of any such mobile application.

1-Ownership of Intellectual Property Rights


“Intellectual Property Rights” means all patents, trademarks, service marks, copyright, database right, service marks, trade names, design rights, know-how, confidential information as well as the “look-and feel” of the Site and similar proprietary rights worldwide whether registered or unregistered. Affiliates include the entities controlling, controlled by, or under common control with Hawaya. All rights, title and interest in Intellectual Property Rights in the Site including without limitation data, software, design, text, images, photographs, illustrations, audio-clips, video-clips, screen savers, artwork, graphic materials or other elements (the "Materials") are the property of Hawaya and/or its Affiliates, and/or other respective owners and are protected under US and foreign intellectual property rights laws. If you use any of the Materials you must maintain all copyright and other Intellectual Property Rights notices contained in such Material.

 

Hawaya grants you a limited, non-exclusive license to access and view Materials on the Site for your own personal use and for non-commercial purposes only. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Hawaya in writing, you will not copy, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, reproduce, redistribute, circulate to any third party (including, without limitation, the display and distribution of Material via a third party website), sell, rent, lease, lend, sub-license, decompile, reverse engineer, disassemble any Material and/or part of or all of the Site. Nor will you take any measures to hack into, interfere with or damage the Site. All rights not expressly granted by Hawaya are reserved.

 

2-Privacy

Hawaya believes in protecting your privacy. Please click here to review our current Privacy  , which also governs your use of the Site, to understand our practices.

3-Submissions

You may submit inquiries or feedback to Hawaya through the contact form on the Site. Do not submit information that would be considered proprietary and confidential. Hawaya is not required to review any submission of content. To the extent you submit any ideas or feedback to Hawaya, you grant Hawaya a perpetual, worldwide, royalty-free right and license to use such content for any legitimate business purpose of Hawaya.

Hawaya reserves the right to terminate your use of the Site and block any future use by you if we believe that you have breached any of these Terms of Use or if you have breached any relevant law or regulation.

4-Representations and Warranties; Indemnification

You represent and warrant that you have the right and authority to enter into these Terms of Use and that by doing so, you will not violate any law or breach any obligation to any third party. You will indemnify, defend, and hold harmless Hawaya and its Affiliates, our directors, officers, employees, and agents, from and against any direct, indirect, incidental, special, consequential or exemplary loss (including but not limited to loss of profits, goodwill, use, data or any intangible loss), fines, penalties, legal costs, awards and damages arising from or in connection with (i) your activities on the Site; (ii) any alleged or actual violation by you of any term of these Terms of Use; and (iii) any third party claim. Hawaya reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to full indemnity by you, and accordingly, you agree to fully co-operate with Hawaya in defending any action or potential action.

5-Disclaimers and Limitations on Liability

HAWAYA RESERVES THE RIGHT TO MODIFY THE SITE. YOU ARE RESPONSIBLE FOR PROVIDING YOUR OWN ACCESS TO THE SITE. HAWAYA PROVIDES THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU THEREFORE USE THE SITE AT YOUR OWN RISK. EXCEPT TO THE EXTENT REQUIRED BY LAW, HAWAYA (1) EXPRESSLY DISCLAIMS ANY AND ALL CLAIMS, STATEMENTS (WHETHER PRE-CONTRACTUAL OR OTHERWISE), REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND/OR ACCURACY; (2) IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONNECTED WEBSITE AND DOES NOT WARRANT THAT THE SITE, THE SERVER(S) THAT MAKE THE SITE AVAILABLE OR ANY CONNECTED WEBSITE ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS; (3) IS NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE OR ANY CONNECTED WEBSITE OR WITH RESPECT TO THE MATERIAL, AND (III) DOES NOT WARRANT THAT THE SITE, OR ANY CONNECTED WEBSITE, ANY MATERIALS, THIRD PARTY CONTENT, GOODS AND SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR FREE.


TO THE FULLEST EXTENT PERMITTED BY LAW, HAWAYA SHALL NOT BE LIABLE, WITH RESPECT TO ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS OF USE, FOR (I) INDIRECT OR CONSEQUENTIAL LOSS; (II) LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS; (III) ANY INCIDENTAL, DIRECT, EXEMPLARY LOSS OR DAMAGES OR SPECIAL LOSS OR SIMILAR DAMAGES; (IV) DAMAGE TO DATA; (V) LOSS OF PROFITS, BUSINESS, GOODWILL OR REPUTATION; (VI) WASTED PERSONAL OR MANAGEMENT TIME, EVEN IF ADVISED OF THE POSSIBILITY THAT SUCH LOSS OR DAMAGE WAS FORESEEABLE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL HAWAYA’S LIABILITY TO YOU FOR ANY AND ALL LOSSES OR DAMAGES (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) EXCEED THE AMOUNT OF USD $100. NOTHING IN THESE TERMS OF USE HOWEVER SHALL EXCLUDE ANY LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION OR ANY OTHER LOSS OR DAMAGE WHICH CANNOT BE EXCLUDED UNDER THE LAWS OF THE STATE OF TEXAS.

To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued; otherwise such claim or cause of action will be irrevocably waived.

Your and Hawaya’s rights and obligations under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use limits Hawaya’s right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use.

5-Mediation, Arbitration, Class-Action Waiver, and Jury Waiver.

5.1 Users based in the European Economic Area, Switzerland and the United Kingdom

The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Hawaya does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the European Economic Area or Switzerland or the United Kingdom.

 

5.2 All other users not residing within the European Economic Area or Switzerland or the United Kingdom, to the extent not prohibited by applicable law:

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures except as modified by our Arbitration Procedures (see below). The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court.  If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in the small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

By using the Site in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Hawaya (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

 

6-Mediation, Arbitration, Class-Action Waiver, and Jury Waiver.

6.1 Users based in the European Economic Area, Switzerland and the United Kingdom

The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Hawaya does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the European Economic Area or Switzerland or the United Kingdom. 

 

6.2 All other users not residing within the European Economic Area or Switzerland or the United Kingdom, to the extent not prohibited by applicable law:

1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures except as modified by our Arbitration Procedures (see below). The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court.  If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in the small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

2. By using the Site in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Hawaya (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

 

7-Governing Law and Jurisdiction

7.1 Users residing within the European Economic Area or Switzerland or the United Kingdom

Any dispute between you and Hawaya in relation to this Site and/or these Terms of Use, shall be governed by the applicable local law of the state in which you reside (“Your Local Jurisdiction”). Your Local Jurisdiction’s courts will have exclusive jurisdiction over the above-mentioned subject matter. 

 

7.2 All other users not residing within the European Economic Area or Switzerland or the United Kingdom:

Except where our arbitration agreement is prohibited by law, the laws of Texas, USA, excluding Texas’ conflict of law rules, will apply to any disputes arising out of or relating to this Site and/or these Terms of Use. Notwithstanding the foregoing, the Arbitration agreement in section 7 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

 

8.General

This Agreement is made in the English language. As far as is permissible under your Local Jurisdiction, the English language version of this Agreement will prevail over any other local language version.  

These Terms of Use constitute the entire agreement between you and Hawaya regarding the use of the Site. If any term of these Terms of Use are found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms of Use. No failure or delay by Hawaya in exercising or enforcing any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Hawaya’s rights and remedies hereunder are cumulative and not exclusive.

These Terms of Use are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign these Terms of Use without Hawaya’s prior written consent. No third party shall have any rights hereunder. These Terms of Use may not be modified except by a revised Terms of Use posted by Hawaya on this Site. Revised Terms of Use will be effective as of the date they are posted on the Site.

These Terms of Use constitute the entire understanding between Hawaya and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

For any questions about these Terms of Use, please contact:

HAWAYA
c/o Match Group Legal
8750 N. Central Expressway,
Suite 1400 Dallas, Texas 75231
Attention: General Counsel

This site is edited by: 

Hawaya, Inc.
a Delaware corporation
8750 Central Expressway, Suite 1400
Dallas, TX 75231, USA

The site host is: Reflections Digital Agency

 

© 2020 Hawaya, Inc. All Rights Reserved.