End User License Agreement
- Scope. The HASA Rewards application software for mobile devices, seeks to enable a customer to use our pool chemistry software. By downloading and installing the App on your device, using the App, or by visiting our Website com) to access links to the App, you agree to the terms in this End User License Agreement (“EULA”). Please review this EULA carefully before you install the App, use the App, and/or visit our Website to access links to the App.
- Alert. These EULA terms restrict your rights and remedies and provide rights and protections to us. These also include warranty disclaimers and limitations and exclusions of our liability. You acknowledge and agree this is fair because the App is available to you conveniently; and if you don’t agree or don’t want to accept these EULA terms, you can easily choose to not install the App, not use the App, and/or not visit the Website to access links to the App.
- Acceptance of Terms. By installing the App, using the App, keeping the App on your device or visiting our Website to access links to the App, you accept and agree to be bound by our terms in this EULA and our Terms and Conditions (the “Terms”) located here. If anything is in this EULA , whether warranty disclaimers, liability exclusions, your acceptance of risks, or any other provision, that you disagree with or are not willing to be bound by, or you cannot comply with, or if this EULA is silent on something you consider essential, then you must not install the App, use the App, keep the App on your device and/or visit the Website to access links to the App. IF THERE IS ANY PART OF THIS EULA YOU DO NOT AGREE TO, YOU MUST NOT INSTALL THE APP, USE THE APP, KEEP THE APP ON YOUR DEVICE OR VISIT THE WEBSITE TO ACCESS LINKS TO THE APP.
- We Can Make Changes. Currently, we make the App available at no charge to you. It is for personal use by you. We do not charge you to use HASA Rewards App service. We reserve the right to change terms, modify or withdraw the App, add charges, add services we charge for, charge for the entire service, stop making the App available generally, or to you, or stop making parts of the App available. We can do any of these at any time. We do not have to notify you in advance, or at all, except we would tell you if we are going to charge you. We can change terms in this EULA any time, effective on posting an updated version.
- You Must Regularly Review. You must regularly review this EULA, because, by using the App after a change, or keeping the App on your device, you agree to the changed terms. If you do not agree with a change we made, you must not use the App anymore, must not keep the App on your device, and must not visit our Website to access links to the App. (But if your visit to this Website is limited to reviewing this EULA, that limited visit does not result in you agreeing to changed terms).
- Definitions. “App” means the HASA Rewards application software created and provided by HASA, Inc., a California corporation (“HASA”), for use on a device with the Apple® iOS or Android® OS operating system, and includes our modifications and upgrades to the software from time to time. The “Website” means our Internet Website (hasa.com). “We” or “us” or “our” means HASA, Inc..
- You. The App is only for individuals, at least age 13. If you are under 13 you are not permitted to download or use the App. You represent and warrant to us that you are an individual, at least 13 years of age, not under any legal, contractual or other restriction against using the App, not in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a terrorist supporting country; and not listed on any U.S. Government watch list of prohibited or restricted persons, including the S. Treasury Office of Foreign Assets Control Specially Designated Nationals list or U.S. Department of Commerce Denied Persons List.
- Ownership. The App is licensed, not sold, to you. You acknowledge and agree all aspects and elements of the App and all its embodiments, including but not limited to copyrights in the code, text and appearance, the name and trademarks owned or licensed to HASA, trade dress of the App, any patents on or relating to the App, and all other intellectual property rights embodying, embodied in or associated with the App, as between you and us, are owned exclusively by HASA, Inc. Though the App is made available to you through a third party site, such as the Apple Store (run by Apple, Inc.) or Google Play (run by Google, Inc.), the App is owned by us (HASA).
- License. The App is licensed, not sold. We grant you a limited license to load the App onto your device, and make personal use of the App, only according to the terms in this EULA and only according to usage rules of the online store from which you loaded the App. The license does not include any right to practice or use any patent or use any of our trademarks, trade dress, copyrights or other intellectual property beyond your personal use of the App according to these terms. We grant you a limited license to visit our Website and make personal use of information on our Website.
- Your License to Us. You consent to us loading the App onto your device, updating and modifying the App on your device, loading ancillary applications, sending, receiving and using data in relation to your use of the App. You consent to us requesting, collecting beginning when you submit to us, and thereafter using your first and last name and email address, and optional information you may be invited to provide, such as (but not limited to) phone number, profile picture, birthday, any allergies, and taste preferences, and without expressly asking, but being collected by us, various technical data and related information, including but not limited to technical information about your device, system, software and peripherals, that we gather to help us provide updates and other services related to the App. You consent to us making any use of the data we collect or develop, also including selling, licensing and any other things, and getting revenue and profiting from these activities. You consent to all other things directly or indirectly, expressly or impliedly envisioned by the terms in this EULA. You consent to all the foregoing and additional activity by us that is directly or indirectly ancillary or related to the activity associated with the App, even though attenuated from or extending beyond the terms of what is contemplated.
- Use Rules. You agree to:
- use the App only for the purposes for which we make the App available;
- not use the App for any unlawful purpose or to harass or harm any person or entity;
- not use the App in a way that violates any copyright, trademark, patent, trade secret or other rights of any person or entity;
- not use the App to impersonate someone else or avoid paying charges or to be deceptive in paying for service;
- Use Rules. You agree to:
- not use the App to be or cause nuisance, annoyance or inconvenience;
- not use the App for a business purpose, such as aggregating orders, reselling orders, or reselling of licensing services using the App, unless you first get written consent from us;
- not copy or distribute the App or any content displayed through use of the App, including menus, in any format or media;
- not compile, directly or indirectly, content displayed through the App except for your personal, noncommercial use;
- provide us when you register an account or communicate with us, only truthful, accurate, information, and to tell us promptly of any change to that information;
- provide us proof of identity and of other information you provide us, that we reasonably request;
- keep your account password, log-in and any identification and usage credentials for the App secure and confidential, and not share these with anyone;
- use the App only for your own use and not directly or indirectly resell, license or transfer the App or content displayed by the App to a third party;
- not use the App in any way that seeks to or could damage, disable, overburden or impair any HASA server, or networks connected to any HASA server;
- not try to gain unauthorized access to code or any resource, computer system, and/or network connected to any HASA server;
- not probe, scan, or test vulnerability of any system or network or breach or circumvent any security or authentication measures HASA may use to prevent or restrict access to the App or use of the service or content therein;
- not deep-link to the HASA website or access the HASA website manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, index, frame, or monitor any portion of the HASA website or any content on the HASA website;
- not try to harm other users, HASA or the App in any way;
- not make or distribute a copy of the App or our Website or any part of the App or of our Website;
- not copy, reproduce, alter, edit, modify, reverse-engineer, decipher, disassemble, decompile, transfer, exchange or translate the App; nor create a derivative work of the App;
- remove the App from your device before you give away, sell, discard or otherwise transfer your device;
- not take any action that places an unreasonable load on our service or infrastructure; use any device, software or routine to interfere with proper working of our service; delete or alter any material posted by us or by anyone on our App or Website; or frame or link to and/or re-display any of our content;
- not to resell, sublicense, transfer, modify or distribute the App or any of its text, images, or other elements and not authorize or purport to others to use your account, and not assign or transfer your account to any person or entity;
- not create or try to create an account or use the App if you were previously removed by HASA, or previously banned from use of the App;
- not assist or allow anyone to do or attempt to do any of the things stated above in this Section 11; and not take action to circumvent (that is, engage indirectly in acts that are prohibited by) the restrictions in this Section 11 or elsewhere in this EULA.
12. Chemicals and Use. You acknowledge and agree the App is technology that connects you with pool chemistry calculations and information. Such distributors of chemicals and pool service companies or consumers are independent of HASA. We have no responsibility or liability for acts or omissions, chemicals or pool service providers or consumers that us our App.
13. Account. You may be required to register for an account to use the App. You must provide accurate, current, and complete information in the registration process and at all times when you use the App and HASA’s services. You must update the information you provide to keep it accurate, current, and complete.
14. Account Use and Responsibility. You are the sole authorized user of any account you create through the You are solely and fully responsible for all activities that occur using your password or account. You agree to monitor use of your account and to prevent use by others. You accept responsibility for unauthorized use of your password or your account. If you suspect an unauthorized person may use or is using your password or account, you must notify HASA immediately. HASA will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by HASA or a third party arising from someone else using your account, regardless of whether you notified us of unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or HASA has reasonable grounds to suspect such information is untrue, inaccurate, not current, or incomplete, HASA has the right to suspend or terminate your account and refuse any and all current or future use of the App.
15. User Content. HASA may provide opportunities to post ratings, comments and reviews (“User Comments”). You represent and warrant that User Comments you provide are your own original responses or comments. You grant HASA a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Comments in HASA’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You grant HASA a license to use your username and/or other publicly displayed profile information, to attribute User Comments to you, without notification or approval by you. You agree this license includes the right for other users to access and use your User Comments in their participation in the services and as permitted through the functionality of the s The license shall survive termination of this Agreement. HASA reserves the right in its sole discretion to remove or disable access to any User Comments, suspend or terminate your account at any time, or pursue any other legal and equitable remedy and relief if you post any User Comments that violate this Agreement or we consider to be objectionable. You agree HASA may monitor and/or delete your User Comments (but does not assume the obligation) for any reason in HASA’s discretion.
16. Ratings and Reviews. Any ratings and reviews are User Comments, are not endorsed by HASA and do not represent views of HASA. HASA shall have no liability for accuracy or inaccuracy of ratings and reviews. You agree to base any rating or review you submit, only on your first-hand HASA reserves the right to post, not post, edit, remove, relocate and/or add comments to ratings and reviews for any reason we deem appropriate.
17. Information Sharing. HASA may access, read, preserve and disclose information as HASA considers necessary or convenient to satisfy applicable law or regulation, legal process or government request; enforce this Agreement, investigate concerning compliance or violation; detect, prevent or otherwise address fraud, security, or technical issues; respond to support requests or protect rights, property or safety of HASA, its users or the public; cooperate voluntarily with requests or voluntarily assist others, even if under no obligation to do so. HASA makes no commitment to notify you or to delay, resist, challenge or object.
18. Feedback. You agree that any submission of any idea, suggestion, and/or proposal to HASA (“Feedback”) is at your own risk and that HASA has no obligation of confidentiality, compensation or otherwise regarding You grant HASA a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use Feedback.
19. Communications. You agree to accept and receive communications from HASA by email, text message, calls, and other channels to the cellular phone number and/or other channel you provide HASA. Message and data rates from your service provider may apply. If you do not wish to receive these communications, you may change your notification preferences by accessing the Settings in your account. You may opt-out of receiving text messages from HASA by replying “STOP” from the mobile device receiving the messages. All text message communications are governed by our SMS/MMS Mobile Message Marketing Program Terms and Conditions available here.
20. Terms of Other Service Providers. You acknowledge that in loading the App, you may be subject to terms of the online store where you accessed the App, such as the Apple Store or Google Play. You acknowledge that terms of agreement with and charges from your mobile network service provider, internet service provider, wireless data service provider or other provider (“Provider”) will apply when you load or use the App. You are responsible to comply with those terms and pay those charges. There may be other restrictions in your agreement with your Provider. You must check your Provider’s terms and charges and make sure you do not violate their agreement with you. Terms of other service providers you are subject to are in addition to, and do not alter, replace or excuse your compliance with any terms in this EULA.
21. Third Party Websites. You acknowledge and agree: (a) Any links on our website or App to third party websites or information are provided only as a convenience to you and are not an endorsement of content or recommendation by us of those websites. (b) We do not make any representation regarding content or accuracy of material on those websites. (c) WE ARE NOT RESPONSIBLE OR LIABLE FOR AVAILABILITY OF OTHER WEBSITE(S) OR THEIR OR ITS CONTENT. (d) If you choose to access any other website via a link on our website or App, you do so at your own risk. In doing so you are leaving our website, and will be subject to the terms of use and any privacy policy applicable to the other websites.
22. Nonliability of App Store. This EULA is between you and us; it is not with Apple, Google or other online store. Apple, Google or other online store operator are not responsible for the App or its content and have no obligation to furnish maintenance or support for the App. To the maximum extent permitted by applicable law, Apple, Google or other online store will have no warranty obligation regarding the App, and/or any other claims, losses, liabilities, damages, costs or expenses attributable to failure in any respect of the App. Any obligation or liability not excluded by the other provisions of this EULA are our responsibility, not the responsibility of Apple, Google or other store operator. We and not Apple, Google or other online store operator, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to claims of product liability, or that the App fails to conform to a legal or regulatory requirement; or under consumer protection, privacy, or other law. In the event of a third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple, Google or other online store will not be responsible for investigation, defense, settlement or discharge of such intellectual property infringement claim and to the extent there is responsibility, we shall be responsible for the foregoing. This EULA does not seek to limit our liability to you beyond what is permitted by applicable law.
23. Transmission. The App may require transmission of information provided by you, including but not limited to your username, password, name, address, e-mail address, financial information and credit card information, to provide you our pool chemistry services. You consent to the transmission of your information to us and our agents, also including any person or entity in the payment process, to process your information as may be necessary for the App to perform its functions. YOU ACCEPT THE RISKS OF YOUR INFORMATION BEING RECEIVED OR INTERCEPTED BY OTHERS, OUTSIDE THE PAYMENT PROCESS, AND BEING USED OR MISUSED, WHETHER DUE TO ERROR OR OMISSION OR MALICIOUS ACTION OR OTHERWISE BY ANY PERSON OR ENTITY AND/OR BEING SHARED.
24. App May Not Run Properly. OUR SERVICE IS PROVIDED AS IS, WHERE IS, WITH ALL FAULTS. We designed the App for use on mobile devices running Apple® iOS or Android OS operating systems. The App is new. We may not have optimized it for every aspect of these operating systems. Each device differs. Conflicts with other software and other apps are possible. Error or oversight could occur in the development, updating, and operational process. For these and other reasons, the App may not operate optimally, or as intended, or as desired, or effectively, or at all. There is no assurance the App or its operation will be free from disruptions or errors. WE SHALL NOT BE LIABLE, FOR INJURY OR DAMAGE CAUSED BY DEFECTS OR ERRORS IN THE APP, OR CONFLICTS BETWEEN THE APP AND OTHER SOFTWARE OR ANY PROBLEM OR CLAIM ARISING FROM OR IN OR IN RELATION TO THE APP OR USE OF THE APP.
25. App Not Always Available. You acknowledge the App is made available via the Internet and mobile networks. In many respects, availability for loading and usage, and quality of transmission are outside our control. WHETHER WITHIN OR OUTSIDE OUR CONTROL, WE SHALL NOT BE LIABLE FOR UNAVAILABILITY OR DELAY IN AVAILABILITY OF THE APP FOR LOADING OR USAGE OR FOR POOR QUALITY OF DATA TRANSMISSION.
26. Technology May Change. Technology changes over time. Apple iOS and Android OS operating systems and other technology may change. WE SHALL NOT BE OBLIGATED TO UPDATE OR MAINTAIN THE APP OR RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OF THE APP THAT RESULT FROM CHANGES IN TECHNOLOGY.
27. No Promise to Update or Maintain App. We do not make any promise to you that we will further develop, support, maintain or update the App in any manner, to any degree, or at all. The terms in this EULA and your usage do not entitle you to receive and do not obligate us to provide documentation, support, assistance, enhancements, maintenance or updates. WE SHALL NOT BE OBLIGATED TO FURTHER DEVELOP, CORRECT, SUPPORT, MAINTAIN OR UPDATE THE APP OR RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OF THE APP THAT RESULT FROM DEVELOPMENT, CORRECTION, SUPPORT, MAINTENANCE, UPGRADING OR UPDATING OF, OR FROM FAILURE TO DEVELOP, CORRECT, SUPPORT, MAINTAIN, UPGRADE OR UPDATE, THE APP.
28. Current System Requirements. To use the App you must have a compatible mobile device, internet access, and meet at least the following minimum specifications: Apple iOS device running iOS 3 or above, or Android OS device running Android OS 7.0 or above. WE SHALL NOT BE OBLIGATED FOR ANY PROBLEMS OF OR CAUSED BY THE APP, THAT RESULT FROM ADDITIONAL SYSTEM REQUIREMENTS, IF ANY, THAT WE HAVE NOT IDENTIFIED IN THESE TERMS.
29. Updates Can Affect Performance. We may update or upgrade the App sometimes to improve or add functions and services. These may change or interrupt or disrupt or hurt performance. WE ARE NOT RESPONSIBLE OR LIABLE FOR PROBLEMS OF THE APP THAT RESULT FROM PERFORMING UPDATES OR UPGRADES OR THE TIMING WHEN WE SEEK TO PERFORM THESE.
30. App Uses Device Memory; Some Data is Stored on Device; Changing Devices Loses The App uses memory of your device to store some data. You consent to this. When storage space on your device is exhausted or near exhausted, further data storage may not be possible and use of the App may be affected. If you change devices or delete the App or if the memory on your device is damaged, data stored by the App will be lost. If you abandon, turnover, lend or lose your device or media on which data is contained, other persons may be able to access, use and/or misuse your data. WE SHALL NOT BE LIABLE FOR LIMITATIONS ON STORAGE OF DATA OR LOSS OR USE OR MISUSE OF DATA FOR ANY REASON, INCLUDING BUT NOT LIMITED TO LIMITED CAPACITY OF THE DEVICE OR LOSS OF OR CHANGE OF THE DEVICE OR ACCESS BY OTHERS TO THE DEVICE OR ITS MEDIA.
31. Warranty Disclaimer. THE APP IS MADE AVAILABLE “AS IS,” “WHERE IS,” “WITH ALL FAULTS.” WE MAKE NO WARRANTY AS TO EFFECTIVENESS OF OR ANY CHARACTERISTICS OR RESULTS FROM USING THE APP OR IN ANY OTHER RESPECT REGARDING THE WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED ALSO INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION OR WARRANTY ABOUT COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OR ANY ASPECT OF THE APP OR ITS CONTENT OR SERVICES PROVIDED USING THE APP. WE DO NOT WARRANT THAT USE OF THE APP WILL BE FREE FROM HACKING OR FROM TRANSMISSION OF VIRUSES, MALWARE AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE.
32. Indemnification. You acknowledge and agree you are personally responsible for your acts, omissions and behavior using the App. You agree to indemnify, defend and hold harmless us and our joint venturers, business partners, licensors, shareholders, directors, officers, employees, agents, and any third-party information providers from and against all claims, actions, causes of action, investigations, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use or misuse of the App, violation by you of terms in this EULA, and any negligent, willful or other culpable act or omission by you or any person(s) using the App through you. You agree to indemnify, defend and hold us harmless from any claim, action, cause of action, investigation, damage, loss, liability, cost, and expense, including attorneys’ fees, resulting from your use or misuse of the App.
33. Right to Refuse Service. We reserve the right to refuse service to you or anyone, at any time, in our sole discretion and without notice.
34. Termination. We may terminate or suspend the license and permission to use the App at any time, with or without notice to you, temporarily or permanently. We may terminate or suspend the license and permission to use the App due to violation of terms in this EULA, our belief or suspicion of violation of these terms, or for any reason or for no reason. We do not claim the right to act for a reason that would be unlawful. On termination, the license granted to you shall terminate and on suspension the license granted to you shall be suspended and you must stop all use of the You have the right any time(s) you choose, to temporarily or permanently stop using the App. Termination or suspension does not terminate or suspend your license to us in Section 9, your indemnification obligation in Section 41, the disclaimers or limitations of liability in these terms or any other provision of this EULA which, by its nature, continues in effect after termination.
35. Other Limitations of Liability. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR ANY INJURY, DELAY, DAMAGE OR LOSSES WHATSOEVER, ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE APP, OR YOUR INABILITY TO USE OR ACCESS THE APP, INTERRUPTION IN USE OF THE APP, OR DELAY OR DEFECT IN OR FAILURE OF THE APP, OR MISUSE BY US OR ANY PERSON OR ENTITY OF THE APP, INJURY TO SOFTWARE OR DEVICE OR PERSONS CAUSED IN WHOLE OR IN PART BY THE APP, DELAY, DISRUPTION, ERROR OR FAILURE OF SERVICE ARISING FROM USE OF OR FAILURE OF THE APP, OR ANY OF THE FOREGOING IN ANY OTHER WAY ARISING FROM, DERIVED FROM, CONNECTED TO OR RELATING TO THE EXISTENCE OF, USE, NONUSE, MISUSE OR DEFECT IN THE APP, WHETHER OR NOT IN YOUR OR OUR CONTEMPLATION, AND WHETHER BASED ON ACTUAL OR ALLEGED BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE. WE SHALL NOT BE LIABLE TO YOU FOR DAMAGE OR LOSS FROM ALTERATION TO YOUR EQUIPMENT, INCLUDING BUT NOT LIMITED TO COMPUTER EQUIPMENT, OR OTHER DEVICE, AS A RESULT OF THE INSTALLATION, USE, MISUSE, INTERRUPTION IN OR NONUSE OF THE APP.
36. Privacy. You may see our Privacy Policy by clicking here. We try to comply with our policies but due to human error, oversight, technological error, intentional misconduct, or other reasons, we may not always be able to comply with our policies. We state this policy to inform you about what we try to do, but we do not intend our Privacy Policy to be, and you agree that our Privacy Policy is not, a legally binding obligation on us. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR OTHER LOSSES, ARISING OUT OF OUR INTENTIONAL OR ACCIDENTAL VIOLATION OF OUR PRIVACY POLICY, RELEASE OR DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR USE OR MISUSE BY US OR ANY PERSON OR ENTITY OF YOUR INFORMATION WHETHER ACCORDING TO OR NOT ACCORDING TO OUR PRIVACY POLICY.
37. We May Use “Cookies,” “Tagging” and Other Web Technologies. Through the App we may use tagging and other technologies to obtain information from you and others, in our effort seeking to provide and further improve quality, personalized experiences. To do this, we track customer interaction and possibly other
38. Security. Our efforts to protect your personal information, such as a credit card number transmitted by us to others, include arrangements with a recognized third-party provider. However, we do not undertake any obligation to maintain such arrangements with any particular service provider and do not accept responsibility for any release of your data whether due to defects or errors in their system or technology or in any interface with our system, or due to our act or omission. You are responsible to monitor use of charges to and all other aspects of your credit card account(s).
39. Transmission of Information. If at any time the App has functionality that permits a transmission or flow of data between your App account to a third party account, then by activating that functionality you acknowledge and agree you are consenting to the release and transmission of information to the other account and sites. If you do not want information about you, including personally identifying information, to be shared in this manner, you must not activate or use this feature or functionality. Information sharing may still occur anyway, for example, as described in Section 19.
Additional Terms
40. Interpretation. This EULA is governed by and construed according to California law, without giving effect to conflict of law principles. Headings and section numbers are just for convenience to make terms in this EULA easier to use. They shall not be used to interpret the Terms in this EULA are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against you or us.
41. Terms are Not for Benefit of Others. This EULA is between you and us. Nothing in this EULA is for the benefit of any other person or entity, except that Apple, Apple’s subsidiaries, Google and any other online store operator from which you loaded the App are third party beneficiaries of this EULA and will have the right and are deemed to have accepted the right to enforce the provisions of this EULA against you as a third party beneficiary thereof. The terms we enter into with other persons or entities (even if the same as this EULA) are not for your benefit. We do not promise you that we will or can enforce our restrictions or prohibitions or any terms, against any other person or entity. YOU ASSUME THE RISK THAT OTHER PERSONS WILL VIOLATE OUR TERMS WHICH MAY OFFEND, DAMAGE AND/OR INJURE YOU.
42. Website and Database Locations. We make no representation that any material on the App or the use or transmission or viewing of these is appropriate or lawful in any particular location or jurisdiction. By installing and using the App, you are initiating contact to us, and doing so is your You are responsible to comply with local laws. You are responsible to refrain from using the App if not permitted where you are located or under any laws or rules that you are subject to.
43. Solving Disputes; Jurisdiction. Any unresolved dispute or controversy arising under or in connection with the App services provided by us (whether provided or allegedly not provided) shall be governed as set forth in our Terms found here.
44. Complete Agreement. This EULA, along with our Terms, is the entire agreement of the parties regarding use of the App and all matters referred to herein. No waiver by us of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.
45. Severability. If any provision(s) in this EULA is determined by an arbitrator or court having jurisdiction to be invalid or unenforceable, it will not impact any other provision of this EULA, all of which will remain in full force and effect.
46. Opt-Out & Unsubscribe. You can opt-out of receiving announcements or communications from us and our franchisees and affiliates. A user may opt-out of receiving any or all communications from us by contacting us at: privacy@hasa.com, Subject: Opt Out or post mail us at the below address, HASA Attn.: Legal Hasa, Inc., 23119 Drayton Street, Saugus, CA 91350.
47. Disclosure to Affiliated Parties. We may share your personal information with companies that are affiliated with us such as our franchisees and other affiliates for both marketing and administrative purposes. A user may opt-out of receiving any or all communications by contacting us at privacy@hasa.com, Subject: Opt Out or post mail us at the below address, HASA Attn.: Legal Hasa, Inc., 23119 Drayton Street, Saugus, CA 91350.
48. Disclosure to Other Non-Affiliated Third Parties. We may share your personal information with advertisers and other companies who are not affiliated with us, but who would like to send you information about their products and services. However, you will have the opportunity to decline the option to receive information from unaffiliated third parties (and thereby not permit this sharing of your personal information) when personal information is collected.
49. Corporate Transactions. We could acquire or sell assets, and companies may acquire financial interest in us. In connection with those transactions, personal information may be among the transferred business assets, and we may disclose your personal information to any company in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit. Any such disclosure will be conditioned on that company agreeing to use the data prior to any acquisition only for the purpose of making its acquisition decision and to observe relevant provisions of our Privacy Policy with respect to the data. In the event that personal information is transferred to a company acquiring assets from us, we will require that company to agree to observe relevant provisions of our Privacy Policy with respect to your personal information (including any choices that you have made under our Privacy Policy to limit the use of your data).
50. Data Collection from Others. We could obtain personal information about you from others we do business with. We may merge or use that personal information with information we collected previously, as permitted by applicable law and our Privacy Policy. That personal information once in our possession is governed by our Privacy Policy.
51. Aggregation and Use of Personal Information. Personal information you provide to us and others we do business with may be aggregated and analyzed to enable us/them to develop targeted marketing programs and service offerings. We may also use personal information to contact you regarding programs or services or third party programs and services we believe might interest you. If you do not want us to contact you for this purpose, you may decline to receive such offers by contacting us at privacy@hasa.com, Subject: Opt Out or post mail us at the below address, HASA Attn.: Legal Hasa, Inc., 23119 Drayton Street, Saugus, CA 91350.
52. Right to Change. We have the right to change any terms in this EULA at any time. We will make changes by posting revised terms at our website hasa.com and to the terms and conditions published on the App. We encourage you to check this EULA regularly to see if there have been any changes. By continuing to use the App after any change of terms, you agree to be bound by the changed terms. Use of the App by you is always voluntary and not required. Therefore, if you do not agree to a change that we make, you can stop using the App.
53. Questions and Comments. We welcome questions and comments. You may contact us at privacy@hasa.com or the below address. We will make a reasonable effort to respond, which may include an effort to remedy a problem you bring to our attention. But this is not an obligation by us, it does not waive or modify the exclusions, limitations and disclaimers of liability in this EULA and we do not assure that we will make any particular level of effort or will remedy any problem.
54. Additional Terms. Terms in this EULA may be modified between you and us, only by a written amendment signed by an authorized executive of us (HASA) or by us posting a revised version of these terms. All dealings, correspondence and contacts between us shall be made or conducted in the English language. You may not assign rights under this EULA to any person or entity. We may assign our rights under this EULA without condition. This EULA will bind and benefit the parties, their successors, and permitted assigns.
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