Terms and Conditions

SECTION 1: HASA TERMS AND CONDITIONS OF SALE

 

1. ACCEPTANCE OF TERMS & CONDITIONS: Our sale of products (aka "goods") to you is limited to and expressly made conditional on the provisions of the invoice, these Terms and Conditions of Sale and those posted on the Hasa website ("Agreement"). Your acceptance of the delivery of the goods confirms your acceptance to the Agreement. Receipt or acknowledgment of your purchase order forms or other similar communications containing provisions different from, or deletions or additions to the provisions of the Agreement, shall not be binding upon Hasa.

 

2. PAYMENT: Unless there is a written agreement entered into between you and Hasa that modifies or changes the payment terms, each invoice shall be paid in accordance with its listed payment terms, without set-off, offset or other adjustment, unless we agree otherwise in writing or unless there is a shortage of goods received. The sales price shall include all sales and use taxes assessed by the jurisdiction into which the goods are shipped. For the sale of goods in California which are registered with the California Department of Pesticide Regulation, the sale price shall include the California Pesticide (Mill) Assessment.

Buyer promises to pay Hasa the total sum due as provided in the terms of sale for this invoice. If not timely paid, the unpaid sum is delinquent, and the buyer promises to pay a late charge on the delinquent sum(s) at the rate of 10% per year calculated monthly from the date of delinquency until the date of payment. If there is a lawsuit to collect any delinquent sum(s), buyer agrees to pay all costs and attorney fees incurred by Hasa as fixed by the court. This agreement shall be governed and construed in accordance with the internal laws of the State of CA, without regard to CA principles of conflict of laws. The parties submit to the jurisdiction of CA state and federal courts. Exclusive venue is agreed to be in the County of Los Angeles, State of CA and the parties waive the right to object to venue under any statute or under the doctrine of forum non-conveniens . For the purchase of goods in CA that are registered with the CA Dept. of Pesticide Reg., the sale price shall include the CA pesticide (mill) assessment, which such assessment will be paid by Hasa. A service fee of 3.5% will be applied on all credit card purchases.

 

3. RISK OF LOSS: Upon delivery of the goods to a "Ship To" location, title to the goods and risk of loss, injury, damage or deterioration of the goods shall be borne by you and shall not release you from payment of the purchase price.

 

4. INSPECTION OF GOODS AND LIMITED WARRANTY: Hasa warrants that at the time of the delivery of the goods to the Ship To location, the goods will conform to Hasa's packaging and published product specifications. Upon delivery of the goods at the Ship To location, it is your obligation to promptly and thoroughly inspect the goods for damage or non-conformity with packaging and published specifications. If you fail to reject the delivery of goods in writing within four (4) days of receipt, you will be deemed to have accepted the goods as delivered. Hypochlorite solutions naturally degrade with age and must be stored in a cool, dry, well-ventilated area, away from direct sunlight and heat which will accelerate product degradation and lessen its strength.

 

5. LIMITATION OF WARRANTIES AND LIABILITY: Except as herein provided, Hasa makes no warranties with respect to its products, express or implied, and disclaims any warranty for merchantability, or fitness for a particular purpose. In no event will Hasa be liable for incidental, special/consequential damages or lost profits, regardless of whether the claim arises from actual or alleged breach of warranty, breach of contract, product liability or other harm. Some jurisdictions may not permit the exclusion of certain warranties. To the extent applicable law of such jurisdictions prohibit such exclusions, such exclusions shall not apply.

 

6. HANDLING OF HAZARDOUS MATERIAL: Many of Hasa's products are corrosive, are strong oxidizing agents or otherwise exhibit hazardous properties. lf they are not properly handled, stored, transported or lawfully disposed, such products may be injurious to people, fish, aquatic organisms, property and the environment. You agree to properly train your employees on the safe handling, storage, transportation, and disposition of the products in accordance with Hasa's recommendations and applicable law and regulations. This requires, among other things, that your employees understand, know and always follow Hasa product recommendations and label instructions and directions. READ THE ENTIRE PRODUCT LABEL BEFORE HANDLING.

 

7. INDEMNITY: You agree to indemnify, defend and hold harmless Hasa, its parent, subsidiary and affiliated companies and their respective officers, directors, employees, attorneys, agents, successors, and assigns from any and all third-party claims, demands, liabilities, costs, and attorney fees, including those from governmental regulatory agencies, resulting from or arising out of your breach or default in any of the provisions of this Agreement.

 

8. RETURNABLE CONTAINERS: Returnable containers shall be transported back to Hasa in an upright position and securely capped. The white bleach bottles must be transported in the yellow crates and the reddish acid bottles in the orange cases. Customer has the duty to inspect all deliveries. Any product which may be at the bottom of the crate must be repackaged within 96 hours of discovery. Use safety glasses, goggles or face shield, protective clothing, and rubber gloves when repackaging the product(s).

 

9. ATTORNEY FEES, VENUE AND CHOICE OF LAW: If any lawsuit is brought to collect on an invoice, the prevailing party in the collection litigation shall be entitled to recovery of all costs of suit, including reasonable attorney fees. This Agreement shall be deemed to be made and entered into in the State of California. The provisions of this Agreement shall be governed and construed in accordance with the internal laws of the State of California, including the Uniform Commercial Code as adopted by California, other than California's provisions concerning conflicts of law. The parties further agree that the exclusive venue for the filing of any action arising under this Agreement, or to interpret rights herein, shall be the State or Federal Courts located in the County of Los Angeles. The parties hereby submit to the jurisdiction of the State or Federal Courts located in Los Angeles County and waive the right to object to such location on the basis of improper venue or under a statute or doctrine providing for an objection on the basis of principals of forum non-conveniens.

 

10. INSURANCE: You at all times shall maintain in effect a commercial general liability policy of insurance from a carrier licensed in your jurisdiction with coverage limits for each occurrence of not less than $ 2million. Hasa shall be added as a primary non-contributory additional insured on such policy. The policy shall have a waiver of subrogation provision for the benefit of the parties to this Agreement. .

 

11. FORCE MAJEURE: Hasa is not liable for nonperformance or delay caused by circumstances beyond its control, including acts of God, war, riots, civil disturbance, fire, explosions, floods, strikes, the acts of third parties or unforeseen disruption in transportation systems or commerce.

 

12. SEVERABILITY: In the event that any provision of this Agreement is held by a court or arbitrator to be unenforceable, void or invalid, such provisions shall be deemed severed from the Agreement and the remaining provisions of the Agreement shall remain in full force and effect.

 

13. BINDING EFFECT: The provisions of this Agreement shall inure to the benefit of the parties hereto, and their respective successors and permitted assigns. Except as provided herein, your obligations under this Agreement shall not be subject to assignment or transfer. 

 

SECTION II: Terms and Conditions Applicable to HASA Website and APPs

(Updated and Effective 03/05/2024)

 

Website: This website, hasa.com (the “WebSite”), is owned and operated by HASA, Inc., a California corporation (“HASA”). The WebSite is provided as a service to our customers. Please review the following terms and conditions of use which governs your use of the WebSite (the “Terms of Digital Use”). As used herein, “you” and “your” will refer and apply to the user of this WebSite and “we” or “us” refers to HASA.

YOUR USE OF THIS WebSite CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF DIGITAL USE. IF YOU DISAGREE WITH ANY PART OF THESE TERMS OF USE, THEN YOU SHOULD DISCONTINUE ACCESS AND USE OF THE WebSite.

1. Additional Policies:
   1. DISPUTES INVOLVING CLAIMS IN THE AGGREGATE OF $1 MILLION OR MORE.
2. Time Limitation On Claims:
3. Severability And Waiver:
4. Entire Agreement:
5. Assignment:
6. Relationship Of Parties:
7. References:

The following policies are incorporated into these Terms of Use. By agreeing to these Terms of Use, you also agree (as applicable) to:

 

2. Privacy Policy:

HASA respects your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy, here. The Privacy Policy is incorporated by reference and forms a part of these Terms of Use. California Residents: If you are a California resident, click here to learn more about our California Consumer Privacy Act Policy.

1. SMS/MMS Mobile Message Marketing Program Terms and Conditions (the “Program”):
2. Age Restriction:
3. Changes To Terms of Use:
4. User Information :

 

3.10 HASA is offering a mobile messaging program, which you can use and participate in subject to the Mobile Messaging Terms and Conditions, here. The Program is incorporated by reference and forms a part of these Terms of Use.

3.20 Mobile App Program End User License Agreement: You can sign up for the HASA mobile app (the “App”) via a link on the WebSite or directly through the Apple Store (run by Apple, Inc.) or Google Play Store (run by Google, Inc./Alphabet). The Program is incorporated by reference and forms a part of these Terms of Use.

You must be at least 18 years old to accept these Terms of Use and to use the HASA WebSite or HASA APPs (collectively “Digital Assets”). They are not intended for users under the age of 18. If you are under 18, you are not authorized to use these digital assets.

HASA may change these Terms of Digital Use from time to time without prior notice. If we make material changes to these Terms of Digital Use, we will indicate on the updated Terms of Use that changes have been made. Your continued use of the WebSite following any such change constitutes your agreement to the updated Terms of Digital Use. If you do not agree to or are not able to comply with the updated Terms of Digital Use, you must immediately discontinue your use of the Digital Assets..

When you register for the App, use the HASA Operators Locator, and/or register as a HASA Provider on our WebSite. You will be deemed to have consented under Privacy Laws of your jurisdiction provide certain information about you, including, but not limited to, your name, address, birthday, gender, phone number, credit card information and e-mail address. By subscribing to our mailing list, you will be deemed to have agreed to receive SMS/MMS/email or digital information regarding promotions, events, sample sales, and additional information about HASA products and services. You may unsubscribe at any time by clicking the Unsubscribe button on e-mail marketing or by sending a request to unsubscribe to our offices via email at privacy@hasa.com. Please also refer to HASA’s Privacy Policy which describes how your information and user content will be handled.

7. WebSite Transactions:

We reserve the right to accept or reject orders placed on our WebSite or App or limit or cancel orders placed if we deem necessary, in our sole and absolute discretion. In the event we make a change to or cancel your order, we will attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made.

1. Use Restrictions:
2. Website & App:

You must not use our WebSite or our App for any illegal, deceptive or immoral purpose, including generating A.I. hoax or deceptive images such as “Grok.” You must use our WebSite and/or our App in compliance with all applicable laws and regulations. You must not use the WebSite or our App in a way that may cause the WebSite or App to be interrupted, damaged, rendered less efficient or which would otherwise impair the effectiveness or functionality of the WebSite or App including, without limitation, through the transmission of viruses, malware, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar harmful technology. You agree not to attempt any unauthorized access to any part or component of the WebSite or App. You agree not to infringe the rights of persons or entities by transmitting defamatory information or images to any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights or use the WebSite or App to transmit, distribute, post or submit any sensitive or private information where unauthorized disclosure could cause material, significant harm or negatively impact the reputation of any person or entity. You agree not to use the WebSite or App for any commercial or other purposes that are not expressly permitted by these Terms of Digital Use.

 

The WebSite and App are operated by HASA from our offices in Saugus, California, USA. HASA makes no warranty or representation that the use or the content of the WebSite or App is appropriate or lawful in jurisdictions other than those inside California or outside of the United States or that any HASA products are available outside of the United States. Use or access of the WebSite or App to or from countries other than the United States that may be illegal, unlawful, indecent or violative of obscenity, privacy or other laws of other jurisdictions is strictly prohibited. Those who choose to access this WebSite or App from other countries do so at their own risk and such users are solely responsible for compliance with applicable laws and regulations of such other jurisdictions, including, without limitation the General Data Protection Regulation (GDPR) for users from the European Economic Area.

 

1. HASA APP:
2. HASA REMEDIES:

10.10 The App is offered by HASA to customers intending to make purchases. HASA will extend certain perks and privileges as described in more detail herein, and additional offers from time to time. You may register to become a user of the App via links on our WebSite or directly through the Apple Store (run by Apple, Inc.) or Google Play (run by Google/Alphabet, Inc.) As a User, you must agree to the terms and conditions, rules, regulations, policies and procedures of the App (“App’s End User License Agreement”), and these Terms of Digital Use. As a User, you are responsible for being knowledgeable about the App’s End User License Agreement. HASA reserves the right in its sole and absolute discretion to disqualify Users who have violated any of the App’s End User License Agreement from further use of the App.

10.20 HASA may, at its sole and absolute discretion, alter, limit or modify the App’s structure or any feature of the App. HASA reserves the right to change the App’s End User License Agreement or terminate the App at any time. Communications about the App, including changes, will be posted within these End User License Agreements.

10.30 To learn more about the App’s End User License Agreement, please visit here.

 

11.10 HASA has the right to investigate and litigate against those persons and entities who violate these Terms of Digital Use and/or App’s End User License Agreements to the fullest extent of the law.

11.20 HASA may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against HASA or to comply with legal process (for example, subpoenas or governmental warrants), (ii) enforce or administer our agreements with Users (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, and/or (iv) protect the rights, property or safety of HASA, its users, or members of the public.

1. Ownership Of WebSite Content:

12.10 Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, product names, company names, copyrights and copyrightable materials, trademarks, trade dress, service marks and other WebSite content (collectively referred to herein as the “WebSite Content”) are the exclusive property of HASA or its licensors. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the WebSite Content, in whole or in part. You are granted permission to display, copy, and download WebSite Content solely for personal, non-commercial use provided that you make no modifications to the WebSite Content and that all copyright and other proprietary notices contained in the WebSite Content are retained. Any permission granted under these Terms of Digital Use automatically terminate without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any digital and/or printed materials. Any unauthorized use of any material contained on this WebSite may violate domestic and/or international copyright laws, the laws of privacy and publicity, and other federal and state regulations and statutes. Use of WebSite Content not specifically permitted under these Terms of Digital Use is strictly prohibited.

12.20 Any infringement of HASA’s copyright may subject you to copyright infringement penalties, including those having severe civil and criminal consequences, ranging from statutory damages of $750-$150,000 per work to five years in prison and $250,000 in fines for willful violations. Infringers may also face injunctions, impoundment of illegal works, and payment of attorney fees.

12.30 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 Feedback. You grant HASA a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub-licensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use Feedback.

12.40 Nothing in these Terms of Use grants, transfers or conveys, nor may be construed or operate as a grant, transfer or conveyance to you or any other person of any right, title or interest in or to any WebSite Content or HASA intellectual property, including but not limited to any trademark, trade name, service mark or other proprietary identifying symbols used by us from time to time on or in connection with the WebSite, or any feature or functionality thereof.

 

13. Links to Other Websites and Services:

13.10 To the extent that this WebSite contains links to outside services and resources, any concerns regarding any such service or resource, should be directed to the particular outside service or resource. HASA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services, including those of our affiliates..

13.20 You acknowledge and agree that we are not responsible or liable for (i) the availability or accuracy of any third party website or resource and/or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

1. WARRANTIES; DISCLAIMER:

THIS WebSite AND WebSite CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WebSite, THAT YOUR USE OF THE WebSite IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WebSite, AND THAT HASA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WebSite. SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW EXPRESSLY PROHIBITS SUCH EXCLUSIONS, ANY SUCH EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

15. NO LIABILITY:

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL HASA OR ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, ATTORNEYS OR AGENTS (1) BE LIABLE TO USERS WITH RESPECT TO USE OF THE WebSite, THE WebSite CONTENT, OR ANY DAMAGE THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO HASA’S RECORDS, PROGRAMS OR SERVICES; AND/OR (2) BE LIABLE TO USERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE WebSite OR ANY OF ITS FEATURES. THE USER’S SOLE REMEDY IS TO STOP USE OF THE WebSite.

16. Inaccuracy Disclaimer:

From time to time there may be information of a verbal, visual or other nature on the WebSite that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, or availability. HASA reserves the right to correct any errors, inaccuracies or omissions, to cancel any orders due to pricing mistakes and to change or update information at any time without prior notice (including after you have submitted your order).

1. Indemnification:
2. Termination:

With respect to any third-party claim arising out of or related to your use of the HASA WebSite or Apps, you agree to defend, indemnify and hold HASA and its affiliates and each of their respective officers, directors, employees, attorneys, agents, shareholders, managers and members harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with any of the following: (i) any text, materials or content of any kind that you contribute or post to the WebSite when such feature becomes available or your access to or use of this WebSite; (ii) your breach or alleged breach of these Terms of Digital Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We will promptly notify you of any claim which we become aware of and which we believe to be subject to indemnification under this Section; provided that our failure to promptly notify you shall not affect your indemnification obligations hereunder except to the extent that our failure to promptly notify you materially prejudices your ability to defend the claim. You must cooperate in the defense of any claim as we require. HASA reserves the right to assume the exclusive defense and control of any matter subject to your indemnification obligations. You must not settle any claim without HASA’s prior written consent.

These Terms of Digital Use may be terminated by HASA at any time without notice. In the event of termination, you are no longer authorized to access this WebSite, and the restrictions imposed on you with respect to the WebSite Content as well as the disclaimers, limitations of liabilities, arbitration and class-action waiver set forth in this agreement shall survive termination.

SECTION III: PROVISIONS APPLICABLE TO BOTH THE HASA TERMS

AND CONDITIONS OF SALE AND THE TERMS AND CONDITIONS

APPLICABLE TO HASA WEBSITE AND APPs

 

1. DISPUTES:

1.10 COLLECTION ACTIONS: If any dispute arises under SECTION I of this Agreement, involving the collection of HASA invoices, or the defense thereto, the parties pledge their mutual, good-faith and reasonable best efforts to resolve the same through discussions, negotiation, and compromise. If the dispute concerning the collection of invoice(s) cannot be fully resolved within sixty (60) days, either party may make a written demand for non-binding Mediation conducted before a Mediator chose through Signature Resolution or JAMS at a Mediation to take place virtually or in person in Los Angeles County. If the parties cannot amicably resolve the dispute within ninety (90) days of the demand for Mediation, any party to the dispute may file and pursue litigation in the state or Federal Courts located in the County of Los Angeles which such location is agreed to be the sole and exclusive venue for such litigation and each party hereby agrees to submit such to the jurisdiction of such court. In regard to such venue section clause, each party hereby agrees to waive the right to object to such location on the basis of improper venue or under a statute or doctrine providing for an objection on the basis of principals of forum non-conveniens.

 

1.11 If any party to the dispute had failed to participate in the non-binding Mediation, then that party shall be denied attorney fees even if such party is the prevailing party in the litigation. The litigation shall be governed under the laws of the State of California, without regard to its choice of law principles or rules.

.... 1.20 CLAIMS OTHER THAN COLLECTIONS. If any dispute arises under SECTION II of this Agreement, involving other than the collection of invoices, or the defense thereto, the parties pledge their mutual, good-faith and reasonable best efforts to resolve the same through discussions, negotiation, and compromise. If the dispute concerning other than the collection of invoice(s) cannot be fully resolved within sixty (60) days, either party may make a written demand for binding Arbitration in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then existing or similar arbitration rules of Signature Resolution. The Arbitration hearing shall occur before one Arbitrator and shall take place in the County of Los Angeles. Witnesses shall be sworn under oath by the Arbitrator or may give an affirmation to tell the truth by the Arbitrator. Any party or witness may testify by remote video appearance by ZOOM, MICROSOFT TEAMS, or other similar technology. After the conclusion of the testimony under oath, and any briefing as required by the Arbitrator, the single Arbitrator shall thereafter issue his/her reasoned Award. Any party to which an Arbitration award has been made may petition the Los Angeles Superior Court to confirm, correct or vacate the award in accordance with the provisions of California Code of Civil Procedure Sections 1285 et. seq. The JAMS Comprehensive Arbitration Rules and Procedures can be accessed by the following link, or any other link hereafter established, and the Signature Arbitration Rules and Procedures can be access by the following link or any other link hereafter established.

 

1.30.1 If HASA should sue on a claim relating to the collection of invoices under Section I, or with respect to any dispute arising under SECTION II of this Agreement involving other than the collection of invoices, including a cross or counter-claims, which has a reasonable value of $1,000,000 or more, that dispute shall be tried in California as a Consensual General Judicial Reference before a single Referee, who is a retired Judge of the Superior Court, a retired Appellate Justice of the California Courts, or a retired Judge or Magistrate of the Federal Court, or a retired Justice of a Federal Court of Appeal.

 

1.30.2 The Referee shall be appointed and serve without a jury pursuant to this Agreement in accordance with provisions California Code of Civ. Proc. Sections: 410.40; 638; 640; 641; 642; 643; 644(a); and 645,1.

 

1.30.3 The Referee so chosen shall handle all facets of the litigation, including without limitation, trial, provisional relief, and discovery.

 

1.30.4 The parties shall be entitled to pay for a Certified Shorthand Reporter to prepare a record of all proceedings.

 

1.30.5 The decision of the Referee stands as the decision of the court, and the court clerk will enter a judgment based on that decision. A judicial reference allows for a full appeal of the decision, just as if it were a standard court trial.

 

You agree that any claim you may have arising out of or related to your relationship with HASA must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

If any provision or part of this Agreement is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision or part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement or of any provision or part of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

These Terms of Use, App End-User License Agreement and the Privacy Policy are the entire agreement between you and HASA relating to the subject matter herein and shall not be modified except by HASA in accordance with these Terms of Digital Use. No employee, agent or other representative of HASA has any authority to bind HASA with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms of Use.

These terms are neither assignable nor transferrable by you, by operation of law or otherwise, without HASA’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms of Use, without our consent, is null and of no effect. HASA may assign or transfer this Agreement in connection with or as part of a merger, restructuring, reorganization, or sale or transfer of all or substantially all of its assets at its sole discretion, without restriction. Subject to the foregoing, these Terms of Digital Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between HASA and any User or any other person is intended or created by these Terms of Use.

 

All references in these Terms of Use to Sections and other subdivisions refer to the Sections and other subdivisions of these Terms of Use unless expressly provided otherwise. The word “including” shall not be restrictive. The word “or” has the inclusive meaning represented by the phrase “and/or.” The words “this Agreement,” “herein,” “hereof,” “hereby,” “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. All headings and captions in these Terms of Use are for convenience of reference only and are not intended to and shall not define or limit the scope or intent of any provision of this Agreement.

COMMENTS:

HASA welcomes your comments. If you have questions or comments about our policies, feel free to send us an e-mail at privacy@hasa.com.