Hausera Terms of Use

By using our website, you accept these Terms of Use. Effective, May 17, 2019

EIMPROVEMENT, LLC AND ITS AFFILIATED BRANDS, INCLUDING HAUSERA.COM AND HAUSERA ("HAUSERA", "WE" OR "US") PROVIDES THIS AND OTHER WEBSITES (INCLUDING APPLICATIONS AND OTHER ONLINE SERVICES THAT ARE ACCESSIBLE THROUGH VARIOUS DESKTOP, TABLET AND MOBILE WEB BROWSERS FROM TIME TO TIME) (COLLECTIVELY, "SITES") SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. THESE TERMS APPLY TO YOUR ACCESS TO, AND USE OF, THIS SITE. BY ACCESSING OR USING OUR SITES, YOU AGREE TO BE BOUND BY THESE TERMS, WHICH CONSTITUTE A VALID, BINDING AND ENFORCEABLE AGREEMENT (“AGREEMENT”) BETWEEN YOU AND HAUSERA. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will post a notice on our Site or updating the date at the bottom of these Terms. Your continued use of the Site will confirm your acceptance of the revised Terms. If you do not agree to the amended Terms, you must stop using the Site. We encourage you to frequently review the Terms to ensure you understand and can comply with them.

If you have any questions or comments regarding the use of the Site or its content, please contact us at: inquire@hausera.com.

Privacy Policy and Terms of Sale

Please refer to our Privacy Policy for information on how we collect, use and share information about our users. Please refer to our Terms of Sale pursuant to which you may purchase items featured on our Site. Your use of this Site constitutes your agreement and acceptance without modification of the Privacy Policy and Terms of Sale incorporated herein by this reference.

Eligibility, Registration and Account

The Site is not targeted toward, nor intended for use by, children under the age of 13. By using the Site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Site.

In consideration of your use of this Site, you agree to: (i) provide accurate, current and complete information; (ii) maintain and promptly update your account information; (iii) maintain the security of any password you may select or be assigned and accept all risks of unauthorized access to your account and the information you provide us; and (iv) promptly notify us if you discover or otherwise suspect any security breaches related to this Site.

Ownership of Site Content

The Site and all content and materials therein, including but not limited to all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the property of Hausera or our affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive license to electronically copy and print hard copy portions of the Content solely and exclusively for your informational, noncommercial and personal use. Any other use of the Content is prohibited and may violate applicable laws, including copyright and trademark laws. Nothing in these Terms shall be construed as conferring any license to intellectual property rights other than as expressly set forth above. This license is revocable at any time at our sole option and discretion.

Copyright Complaints

We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Site who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit us to locate the content;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. A statement that the complaining party has a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act, please contact our Copyright Agent at: inquire@hausera.com.

Trademarks

"Hausera" and other Hausera product names, marks, logos or slogans that may appear on the Site are trademarks of Hausera and may not be used without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is our proprietary trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, product names and company names or logos referenced in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Hausera. If you believe that anything on the Site infringes upon any trademark which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4 above.

Hyperlinks

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave our Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Order Acceptance

You may be able to purchase products and/or services on the Site. If you do make a payment on our Site, you agree to have your information shared with our third-party payment processors and its affiliates for purposes of processing your payment. We accept credit and debit cards issued by U.S. banks and other payment and billing methods that may be designated by us at the time of purchase. If a credit or debit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.

We reserve the right, at our sole discretion, to refuse to accept or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or adherence to our fraud avoidance policies. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card has already been charged, we shall promptly issue a credit to your credit or debit card account in the amount of the charge.

User Content and Interactive Features or Areas

The Site may include discussion forums, blogs, profiles, product reviews or other interactive features or areas (collectively, "Interactive Areas"), in which you or other users create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Site ("User Content"). User Content is publicly-viewable. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Site any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
  • User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
  • User Content that restricts or inhibits any other person from using or enjoying the Site or which may expose Hausera or its users to any harm or liability of any type.

We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Although we have no obligation to screen, edit or monitor any of the User Content posted on the Site, we reserve the right to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice.

Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect ours systems and customers or to ensure the integrity and operation of our business and systems, we may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information, IP addressing and traffic information, usage history and posted User Content.

Rights in User Content and Feedback

By submitting or posting User Content on the Site, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Site. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (e.g., you cannot delete your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.

By posting User Content to the Site, you represent and warrant that: (i) such User Content is non-confidential; (ii) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Site and to grant the rights to us that you grant in these Terms; (iii) the User Content is accurate and not misleading or harmful in any manner; and (iv) the User Content, and your use and posting thereof in connection with the Site, do not and will not violate these Terms or any applicable law, rule or regulation.

Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Site, Hausera or our products that are provided by you, whether by email, posting to the Site or otherwise ("Feedback"), are non-confidential and shall become the sole property of Hausera. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Conduct

You agree that in visiting and using this Site you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree not to:

  • Use the Site in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site;
  • Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Site for the purposes of sending spam;
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
  • Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
  • Use or attempt to use another's account without our authorization;
  • Attempt to circumvent any content filtering techniques we employ or access any service or area of the Site that you are not authorized to access;
  • Engage in any harassing, intimidating, predatory or stalking conduct; or
  • "Frame" our Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.

We are not responsible or liable for the conduct of, or your interactions with, users of the Site or for any associated loss, damage, injury or harm. Although we have no obligation to monitor any user conduct on the Site, we reserve the right and have absolute discretion to monitor any user conduct on the Site at any time and for any reason without notice.

Indemnification

You agree to defend, indemnify and hold harmless Hausera, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (i) your use of the Site; (ii) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Site; (iii) any Feedback you provide; (iv) your violation of these Terms; (v) your violation of any laws, regulations or rights of another; or (vi) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, THE SITE, CONTENT, USER CONTENT AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE (COLLECTIVELY, "HAUSERA SITE") ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. HAUSERA DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (I) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (II) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. HAUSERA DOES NOT REPRESENT OR WARRANT THAT THE HAUSERA SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. HAUSERA DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL HAUSERA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE HAUSERA SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HAUSERA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO HAUSERA FOR ACCESS TO OR USE OF THE HAUSERA SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Termination

Either we or you may end this Agreement with or without cause or prior notice. Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to use the Site, or any portion of the Site, and to block or prevent your future access to and use of the Site or any portion of the Site.

Arbitration and Miscellaneous

With respect to any dispute regarding this Site, all rights and obligations and all actions contemplated by these Terms shall be governed by the laws of the State of Wisconsin, USA, as if the Terms were a contract wholly entered into and wholly performed within the State of Wisconsin, USA. Any such dispute shall be submitted to confidential arbitration or mediation within the State of Wisconsin, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any state or federal court in the State of Wisconsin, USA, and you agree to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. Each party shall be responsible for its own costs associated with the arbitration and shall share the costs of the arbitrator equally. The arbitrator will not be permitted to assess damages contrary to these Terms, including punitive damages or attorneys’ fees. THE PARTIES AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL OR ENTITY. CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-REPRESENTATIVE BASIS, AND CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME ARBITRATION UNLESS ARISING FROM THE SAME TRANSACTION. NEITHER PARTY MAY PURSUE CLAIMS IN ARBITRATION AS A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION, NOR MAY ANY SUCH CLAIMS BE PURSUED BY OR ON BEHALF OF EITHER PARTY IN ANY COURT, INCLUDING ASSIGNED CLAIMS. THE ARBITRATOR SHALL BE AUTHORIZED TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS, NON-REPRESENTATIVE BASIS. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.