TERMS & CONDITIONS
Last Updated on August 1st, 2019
Welcome to HVASF! This website located at https://www.HVASF.com/ (the “Site”) is owned and operated by Hevasof (www.hevasof.com). This Site, your membership, and any purchases made through this Site are governed by the Terms described below. You must be at least 18 years old to become a member, purchase products from this Site or use The HVASF services (the “Services”). By using this Site, enrolling as a member of HVASF, and/or purchasing items through this Site, you are agreeing to these Terms (including automatic renewal of your membership), so please review this entire page carefully.
Changes to Membership/Acceptance of Terms of Service
We are constantly working to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.HVASF.com website, by sending you an email, and/or by some other means. By enrolling and continuing to use or purchase products from this Site and/or continuing your membership, you accept and agree to the Terms and any changes so long as they are promptly posted on the Site or emailed to the email account we have on record for you. If you don’t agree with the new Terms, you are free to reject them; that means you will no longer be able to use the Services. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at webmaster@HVASF.com
To become a HVASF member, simply click any of the “get started” or “join” buttons located throughout the Site. You will be prompted to submit your name, cell number, and email address, provide your corresponding billing information, and complete the purchase of your membership.
The initial term of your membership shall be either six (6) months or twelve (12) months from the date you join (or rejoin) HVASF. On each subsequent date that your membership is renewed, the term of your membership shall be extended to twelve (12) months from the date of your most recent renewal and credit purchase. You may cancel your membership at any time by using the Contact Us form on this Site or emailing cancel@HVASF.com. You must keep a valid credit/debit card on file in order to remain a member and receive the benefits of the HVASF system.
We reserve the right to terminate your membership in our sole discretion if we determine that you have violated these Terms, including through fraudulent or misleading activity. You may also be liable for civil and/or criminal penalties under applicable law.
Automatic renewal feature
Unless you notify us before your renewal date that you wish to cancel your membership by sending an email to cancel@HVASF.com, you understand that your membership will automatically renew on your assigned renewal date. As a member, you authorize us (without notice to you, unless required by applicable law) to charge the price plus applicable taxes, using the debit/credit card we have on file for you. From time to time, we may change the price of membership during the term of your membership; in such a case, you will be notified ahead of time and upon your next renewal date your membership will renew at the then-prevailing price.
Member email and other communications
The HVASF memberships are not available for purchase as a gift. The reason for this is that the optimum value of membership comes through participation. Unless the member desires to actively participate in the HVASF system they will derive little value from it. If you have a friend that you think would benefit (and not doubt many would) you can request a referral. We will reach out to them with respect in your name and offer them a membership.
If you are not completely satisfied with your membership, you may cancel it at any time by sending an email to cancel@HVASF.com.
If you notify us that you wish to cancel your membership within the first 30 days of your membership, your membership fee will be refundable.
The HVASF is required to collect sales tax when applicable.
After subscribing to HVASF, you will be billed immediately for your first season. The credit/debit card you provide will be used for all future purchases and charges, including membership renewals. You must keep a valid credit/debit card on file during the term of your membership and you must keep us up-to-date with accurate member information, including your name, address, credit/debit card number and expiration date. You agree that we may update your information with information your bank or credit card issuer may supply.
Once you become a member, if you wish to change your credit/debit card, email us at firstname.lastname@example.org. We will continue to apply your payments under this payment method unless you notify us through Member Services to change your billing preference. We accept payment by credit/debit card (i.e., American Express, VISA, Discover, and MasterCard).
If we cannot process a charge to your card (for example, the card has expired or we cannot obtain authorization from your card issuer), then for your convenience, we will attempt to charge any other credit/debit card that you have placed on file with us, in order to prevent disruption of your membership. We are not responsible for any fees or charges that your bank or credit/debit card issuer may apply.
If your credit card issuer reverses a charge to your credit card, we may cancel your membership until payment is provided. Alternatively, we may also seek payment by another method through a mailed statement. We do not report information about your account to credit bureaus.
The HVASF system is available internationally, though we only operate in English currently. Based upon interest we will add other languages as we are able to.
For Personal Use Only
All products purchased through The HVASF membership are intended for personal use only and not for resale or any other commercial purpose. We reserve the right to cancel the account of any member suspected of violating this requirement and may limit the number of memberships that may be ordered on any account.
Notice of arbitration agreement
HVASF is committed to resolving all disputes in a fair, effective, and cost-efficient manner. Please contact support@HVASF.com with any member service concerns. If you are dissatisfied with our resolution of your matter, our Terms of Service provide that disputes will be resolved through binding arbitration.
Online discussions and social media
Any communication or material you transmit or post may be used by HVASF or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. The HVASF is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. HVASF reserves the right to remove any content posted at any time at its sole discretion. HVASF will fully cooperate with any law enforcement authorities or court order requesting or directing HVASF to disclose the identity of anyone posting such information or materials.
You agree that you will use this Site and its Services in accordance with all applicable United States federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.
Changes to membership / Acceptance of terms of service
We’re always looking at ways to improve your membership experience. Accordingly, please note that The HVASF services, promotions, policies, benefits, charges, programs, and Terms are subject to change at any time. We will notify you in advance of any changes, either via email or via our Site. By enrolling and continuing to use or purchase products from this Site and/or continuing your membership, you accept and agree to the Terms and any changes so long as they are promptly posted on the Site or emailed to the email account we have on record for you. If you do not wish to be bound to these Terms (or any revisions to these Terms), please do not use this Site or the Company’s services and cancel your membership if you have one by contacting us at support@HVASF.com.
HVASF is a trademark of Hevasof
Intellectual property, privacy, and publicity
Images of people or places displayed in this Site are either the property of or used with permission by HVASF. The use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the Site or you secure the necessary permission from the rights holder. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Digital Millennium Copyright Act (public law 105-304) website policy and procedures for compliance.
In accordance with the Digital Millennium Copyright Act, this Site has adopted a policy toward copyright infringement on its website. In furtherance of this policy, this Site will block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and submitted to our Site. This policy shall cover all aspects of the Site, including but not limited to author chats, images, graphics, book reviews, and all member-generated content posted on any portion of our Sites.
While HVASF uses reasonable efforts to include accurate and up-to-date information on the Site, The HVASF makes no warranties or representations as to its accuracy, nor does HVASF assume any liability or responsibility for any errors in the content of the Site.
Damages and warranties
Your use of and browsing in the Site are at your own risk. Neither HVASF nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Site. Without limitation, everything on the Site is provided to you “AS IS” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Dispute resolution by individual binding arbitration
You and HVASF agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to: the Site; any transaction or relationship between us resulting from your use of the Site; the purchase, order, installation, or use of HVASF’s products or services; or communications between us; will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and HVASF further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and HVASF further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at 1 (800) 788-7879. If you initiate arbitration, HVASF will promptly reimburse you for any standard filing fee which may have been required under AAA’s Procedures once you have notified HVASF in writing and provided a copy of the arbitration proceedings. However, if HVASF is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to HVASF. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against HVASF and may not preside over any kind of representative or class proceeding against HVASF. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST HVASF IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE THE SITE OR HVASF’s PRODUCTS, AND RETURN THE PRODUCT (UNOPENED AND UNUSED) FOR A REFUND IN ACCORDANCE WITH The HVASF’S RETURN POLICY WITHIN 30 DAYS OF YOUR FIRST ORDER OF ANY OF The HVASF’s PRODUCTS. Except as otherwise provided in this Agreement, if any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void and the remainder shall remain fully enforceable.