Hawiyyah, Inc. (“Hawiyyah”) provides the
website Hawiyyah.com or mobile applications that link to or reference these
Consumer Terms and Conditions (collectively, including all content and
functionality available through Hawiyyah.com and related domain names and any
mobile applications, “Hawiyyah.com”) to you (“You” or “Your”) incorporated
herein by reference. These Terms require that disputes between us be resolved
by binding arbitration rather than by jury trials or class actions and limit
your remedies in the event of a dispute.
You accept these Terms
by accessing or using Hawiyyah.com in any manner, even if You do not create an
Account with Hawiyyah.com. You represent and warrant that You are at least 18 years
of age and of legal competence to enter into this agreement. You also represent
and warrant that You (i) are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country; and (ii) You are not listed on any U.S.
Government list of prohibited or restricted parties.
Hawiyyah may change
these Terms at any time, including by adding new provisions or removing
existing provisions, except as otherwise provided in these Terms. The most
current version of these Terms can be accessed. By continuing to access or use Hawiyyah.com,
You accept any changes or revisions to the Terms.
IF YOU DO NOT AGREE TO
ALL OF THESE TERMS DO NOT USE HAWIYYAH.COM
References to “Hawiyyah,”
“You,” “we,” and “us” in these terms include (where appropriate) our respective
subsidiaries, parent companies, members, affiliates, agents, employees, predecessors
in interest, successors, and assigns, as well as all authorized or unauthorized
users or beneficiaries of services provided by Hawiyyah.
1. Accounts and Logins
a) You represent and
warrant that all information You provide in connection with the creation of an
account with Hawiyyah.com (“Account”) is accurate and true. You agree that, if
any Account information changes, You will update Your Account to maintain
accurate information.
b) In connection with
Your creation of an Account, You will create a Login and Password. You agree
that You will not distribute Your Login or Password to any other person, and
You will not authorize use of Your Account by any other person. You agree that
You will not transfer, sub-license, sell, or assign Your rights in Your Account
to any other person.
c) If You believe that
a third-party has gained access to Your Account, You agree to notify Hawiyyah
by sending an email to [email protected].
Hawiyyah reserves the right to terminate Your Account at any time for any
reason. If Your Account is terminated Hawiyyah has no obligation to retain any
data associated with Your Account.
d) Any unauthorized
use of Your Account by any third-party is subject to these Terms as though You
were using the Account.
e) To cancel Your
Account at any time for any reason, You may do so through the Account page
2. License to Use Hawiyyah.com
a) Hawiyyah grants You
a personal, non-exclusive, non-transferable, limited and revocable license to
use Hawiyyah.com subject to the Terms. You may use Hawiyyah.com and information
acquired from Hawiyyah.com for personal use only, provided that such personal
use is not to determine consumer eligibility for any purpose covered by the
Fair Credit Reporting Act (as further described herein) and is all times for
lawful purposes. You may not use Hawiyyah.com in a manner that exceeds the
rights granted for Your use. Certain content provided on Hawiyyah.com may be
sourced from other third party sites and if noted.
b) Other than
connecting to Hawiyyah.com by http request using a web br /owser, You may not
attempt to access Hawiyyah’s servers or Hawiyyah.com by any means. In
particular, You are prohibited from scraping, crawling, data-mining, or using any
robot, spider, or other automatic device to send queries to the Hawiyyah’s
servers or Hawiyyah.com. You may not use Hawiyyah.com to compile data or images
for use by any commercial entity.
c) You agree not to
disrupt, modify or interfere with Hawiyyah.com, or its associated software,
hardware, and servers in any way. You agree not to impede or interfere with
others’ use of Hawiyyah.com. You further agree not to alter or tamper with any
information or materials on or associated with Hawiyyah.com.
d) You may not use Hawiyyah.com
or any information acquired from Hawiyyah.com:
i) to engage in
activities that would violate applicable local, state, national or
international law, or any regulations having the force of law, including the
laws, regulations, and ordinances of any jurisdiction from which You access Hawiyyah.com;
ii) to make any phone
call or send any email or text message that does not comply with CAN-SPAM, the
Telephone Consumer Protection Act or any other applicable federal or state law.
You acknowledge that You are solely responsible for ensuring that telephone
calls made or email or text messages sent using information obtained from Hawiyyah.com
are in compliance with CAN-SPAM, the Telephone Consumer Protection Act, or all
other applicable federal or state laws. Hawiyyah does not scrub any phone
numbers displayed on Hawiyyah.com through the National Do Not Call Registry or
any other do-not-call registries;
iii) to evaluate a
consumer’s eligibility for credit or insurance to be used primarily for
personal, family, or household purposes, to evaluate a person’s eligibility for
employment or volunteering purposes, to evaluate a person’s eligibility for a
government license or benefit, to evaluate a person for renting a dwelling
property, or for any other purpose specified in the Fair Credit Reporting Act
(15 U.S.C. § 1681b) (the “FCRA”), Federal Trade Commission or court
interpretations of the FCRA, or similar state statutes.;
iv) in any manner that
may violate any local, state, federal, or international privacy law to which You
may be subject on the basis of Your location or the location of the person
searched. You agree not
to search for, or submit to Hawiyyah, information relating to persons that
reside outside of the United States.
3. Assignments
a) Hawiyyah may assign
this agreement at any time without notice to You. You may not assign this
agreement to anyone else, and any attempt to assign shall be void.
4. Information Available Through Hawiyyah.com
a) Hawiyyah aggregates
publicly available information from phone books, social networks, marketing
surveys, real estate listings, business websites, and other public sources
(“Public Information”). This Public Information may be made available to users
through the Hawiyyah.com people search.
b) Hawiyyah does not
verify this Public Information. Hawiyyah does not evaluate each piece of
information provided and makes no guarantees to Hawiyyah users about the
accuracy, legitimacy, or legality of any information or how recently any
information was collected or updated. As a user of Hawiyyah.com, You agree that
there are no warranties or guarantees whatsoever regarding the information
provided. Further, You agree to rely on the information available through Hawiyyah.com
at Your own risk. The
Public Information may include photos obtained from social network profiles. Hawiyyah takes no
responsibility for these photos.
c) Court records are
provided for informational purposes only. While we endeavor to provide you with
the most up to date and comprehensive information, certain inaccuracies may
still exist and certain records may be omitted. Hawiyyah shall not be liable
for any errors or omissions on this site. Anyone who uses any information
provided by Hawiyyah to commit a crime or to harass an individual or his or her
family may be subject to criminal prosecution and civil liability.
d) Hawiyyah does not
allow individuals to opt-out (i.e. suppress display) of court records which
pertain to them, unless an Order of Expunction or Sealing is provided. You may
email a copy of any such Order to [email protected]. Hawiyyah will only
suppress or delete only those records specifically noted in the Order. A
conviction may be expunged, but unless the Order also specifies expungement of
the associated arrest record, it will remain on our systems.
5. Syndication Tool
a) The Hawiyyah
syndication tool permits You to aggregate private content from third-party
social networks and websites all in one place. This tool requires You to
provide Your login credentials for each third-party social network or website
You would like to access through the tool.
b) By providing Your
login credentials to Hawiyyah, You expressly request and authorize the Hawiyyah
syndication tool to automatically login to these third-party social networks
and websites as Your agent, for the purpose of aggregating content which You
are authorized to access.
c) The Hawiyyah
syndication tool stores aggregated content solely for the purpose of presenting
it to You, the user who has provided the third-party login credentials. This
content will not be stored or used for any other purpose and will be deleted
within a reasonable period of time following the termination of Your use of the
syndication tool.
d) You agree to
defend, indemnify, and hold Hawiyyah, its officers, directors, employees,
agents, licensors, and suppliers, harmless from and against any claims, actions
or demands, liabilities and settlements including without limitation,
reasonable legal and related fees and expenses, resulting from, or alleged to
result from Your use of the Hawiyyah syndication tool.
6. Privacy Policy
a) Hawiyyah maintains
a Privacy Policy describing its collection, retention, and use of information
about users of Hawiyyah.com.
7. Payment Policy
a) Hawiyyah maintains
a Payment Policy regarding all payments made to Hawiyyah in connection with
premium subscriptions.
8. Communications from Hawiyyah
a) Once you create an
account on our site or become a subscriber, you may, from time to time, receive
e-mail communications from us about your account or features of our service.
You may elect to opt-out of these communications at any time by following the
instructions and link provided within the e-mail communication.
9. Links to Other Websites
a) You may find links
to other Internet sites or resources on Hawiyyah.com that offer content, goods,
or services. You acknowledge and agree that Hawiyyah has no responsibility or
liability (directly or indirectly) for: the availability of such external sites
or resources; any content, advertising, products, or other materials on or
available from such sites or resources; any damage, loss, claim, or complaint
(actual or alleged) caused by, arising from, or in connection with Your use of
or reliance on any such content, goods, or services available on or through any
such site or resource.
10. Third Party Partners Terms of Use
a) Hawiyyah utilizes
mapping functionality provided by Google Maps.
b) Hawiyyah may
provide certain content sourced from third party websites, including Wikipedia.com.
The Original Authors of such content may be found on the Source site.
11. Hawiyyah’s Intellectual Property
a) Hawiyyah is the
exclusive owner of trademark rights in the HAWIYYAH mark, copyright in the
software used through Hawiyyah.com, and except as otherwise noted herein,
copyright in the Hawiyyah.com screen displays, and all other rights in the Hawiyyah.com
website and technology under U.S. and international intellectual property laws.
b) Unless explicitly
stated herein, nothing in these Terms shall be construed as conferring any
license to intellectual property rights, whether by estoppel, implication, or
otherwise.
c) Except as expressly
authorized by Hawiyyah, You agree not to use Hawiyyah’s trademark or any mark
confusingly similar to the HAWIYYAH mark. You agree not to reproduce, distribute,
display or create derivative works of any part of Hawiyyah.com or any
information presented to You through Hawiyyah.com, in whole or in part. This
prohibition includes unauthorized copying or distribution of any of the content
displayed or used on Hawiyyah.com, framing content from Hawiyyah.com, or
creating any unauthorized derivative work.
d) Hawiyyah uses
third-party trademarks on Hawiyyah.com to identify the owners of those marks.
Use of any third-party trademark is meant only to identify the trademark owner
and its goods and services, and is not intended to imply any association or
sponsorship between the trademark owner and Hawiyyah.com.
e) Hawiyyah may
provide certain content sourced from third party websites, including
Wikipedia.com. The Original Authors of such content may be found on the Source
site. Hawiyyah does not assert any copyright in these materials.
12. Submission of Confidential Information and Ideas; Submission
of User Provided Content
a) From time to time
users submit ideas to Hawiyyah for improving Hawiyyah.com either by email or in
the course of a customer care interaction. Hawiyyah has no obligation to treat
this material as confidential information. To the extent that You wish to have
Your idea remain confidential, to retain rights in Your idea, or wish to be
compensated for submission of Your idea, please do not submit it to Hawiyyah.
b) Portions of the
content on Hawiyyah.com are submitted by You and other users ('User Provided
Content'), to which You may contribute appropriate material. User Provided
Content includes, but is not limited to, any information you upload to Hawiyyah.com
or any Hawiyyah.com mobile applications, any posts you make on Hawiyyah.com or
any Hawiyyah.com mobile applications, and any comments or suggestions you send
to us. For User Provided Content, we are merely hosting and providing access as
well as providing tools to post and share content, and we cannot accept any
liability with regard to such material (including with respect to its
accuracy). While we cannot preview or monitor the User Provided Content, Hawiyyah
may delete any content that we believe to be in violation of this Agreement. We
reserve the right, but do not have the obligation, to act expeditiously to
remove or disable access to any User Provided Content that we believe violates this
Agreement. We are also sensitive to the copyright and other intellectual
property rights of others.
The decision to upload
or share User Provided Content is Your responsibility and You should only
submit or share User Provided Content that belongs to you (or where you have
obtained all necessary permissions or consents) and that will not violate the
rights of others. Be aware that copyright and other intellectual property
rights will normally belong to the creator of the material in question and You should
not reproduce or submit anything without permission of the owner. By submitting
User Provided Content, You represent and warrant that You have the right to do
so or that you have obtained any necessary third party consents (e.g., under
privacy or intellectual property laws). You agree that you will be liable to us
and indemnify us for any loss or damage we suffer as a result of your br /each
of the foregoing warranties. Upon our request You agree to furnish Hawiyyah
with any documentation, substantiation and releases necessary and reasonably
required to verify and substantiate your compliance with this provision.
By submitting User
Provided Content, You grant Hawiyyah a perpetual, transferable, sublicenseable,
worldwide, royalty-free, license to host, store, copy, publish, distribute,
provide access to create derivative works of, and otherwise use User Provided
Content submitted by You, to the extent and in the form or context we deem
appropriate on or through any media or medium and with any technology or devices
now known or hereafter developed or discovered. You hereby release Hawiyyah
from any and all claims, liens, demands, actions or suits in connection with
the User Provided Content You submit, including, without limitation, any and
all liability for any use or nonuse of Your User Provided Content, claims for
defamation, invasion of privacy, right of publicity, emotional distress or
economic loss. This license continues even if You stop using Hawiyyah.com. Hawiyyah
may scan, image and/or create an index from the User Provided Content you
submit. In this situation, you grant Hawiyyah a license to the User Provided
Content as described above and Hawiyyah will own the digital version of
documents created by Hawiyyah as well as any indexed information that Hawiyyah
creates. Except for the rights granted in this Agreement, Hawiyyah acquires no
title or ownership rights in or to any User Provided Content You submit and
nothing in this Agreement conveys any ownership rights in such User Provided
Content. The licenses granted continue for the maximum time permitted by
applicable law, even if You stop using Hawiyyah.com.
You acknowledge and
agree that Hawiyyah may preserve any User Provided Content and may disclose any
User Provided Content (including its origin) if Hawiyyah believes that it is
required to do so by law or that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process or governmental requests; (b)
enforce the Agreement; (c) respond to claims that any content violates the
rights of third parties; or (d) protect the rights, property, or safety of Hawiyyah.com,
other users, or the public.
13. Intellectual Property Claims
a) If You believe that
Your copyright has been infringed in any way by Hawiyyah.com, promptly provide
in writing the following information to [email protected]:
i) A physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
ii) Identification of
the copyrighted work claimed to have been infringed, or if multiple copyrighted
works at a single on-line site are covered by a single notification, a
representative list of such works at that site;
iii) Identification of
the material 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 information reasonably sufficient to permit us to locate the
material;
iv) Information
reasonably sufficient to permit Hawiyyah to contact You, such as an address,
telephone number and e-mail address;
v) A statement that
You have a good faith belief that the use of the material in the manner
complained of is not authorized by the copyright owner, its agent or the law;
vi) A statement that
the information in the notice is accurate, and under penalty of perjury, that
You are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
c) If You believe that
Your other intellectual property rights have been infringed in any way by Hawiyyah.com,
please provide a detailed description of the alleged infringement for further
investigation via e-mail to [email protected].
Hawiyyah’s receiving, investigating, or responding to Your e-mail shall not
constitute Hawiyyah’s agreement or verification of Your claim(s) nor any
admission of liability therefor. Hawiyyah makes no commitment, covenant,
promise, warranty, representation, or guarantee that it will receive, review,
investigate, or respond to Your claim within any particular time.
14. Notification
a) Any notices to be
given to Hawiyyah under these Terms shall be made in writing to [email protected]
b) You agree that Hawiyyah
can send You electronic notices to the e-mail address that You provided to Hawiyyah
in creating Your Account or by displaying the notice on Hawiyyah.com. You agree
that all notices, agreements, disclosures, and other communications that we
provide to You electronically satisfy any legal requirement that such
communications be in writing.
15. Warranty
a) YOU USE HAWIYYAH.COM
AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER
SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM HAWIYYAH.COM,
OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE
INCLUDING COMPUTER VIRUSES) EVEN IF HAWIYYAH HAS BEEN ADVISED OF OR IS AWARE OF
THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, HAWIYYAH PROVIDES HAWIYYAH.COM,
THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND
“WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND HAWIYYAH SPECIFICALLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTIBILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
b) NO INFORMATION OR
ADVICE PROVIDED ON HAWIYYAH.COM, BY HAWIYYAH, OR BY HAWIYYAH’S EMPLOYEES OR
AGENTS SHALL CREATE ANY WARRANTY.
c) HAWIYYAH MAKES NO
WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:
i) AS TO THE VALUE,
QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY,
TRUTHFULNESS, OR COMPLETENESS OF HAWIYYAH.COM, THE SERVICES, THE INFORMATION,
OR THE CONTENT;
ii) THAT HAWIYYAH.COM
WILL OPERATE UNINTERRUPTED OR ERROR-FREE;
iii) THAT HAWIYYAH.COM,
THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR
EXPECTATIONS;
iv) AS TO THE QUALITY
OR VALUE OF ANY OF HAWIYYAH’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR
OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE; OR
v) THAT ANY ERRORS ON HAWIYYAH.COM
WILL BE CORRECTED.
16. Limitation of Liability
a) To the extent
permitted by law, Hawiyyah shall have no liability, relating to Your use of (or
connection to) Hawiyyah.com, for:
i) consequential,
incidental, exemplary, special, or punitive damages even if advised of the
possibility of such;
ii)loss of business,
profits, business information, or business interruption, or any other pecuniary
loss; or
iii) for direct
damages, actually proven, exceeding $1,000.00 USD. This limitation shall be
enforced even if it causes an exclusive remedy to fail of its essential purpose.
b) Hawiyyah reserves
the right, at any time, in Hawiyyah’s sole and exclusive discretion, to amend,
modify, suspend, or terminate Hawiyyah.com, any services, information or
content, or any part thereof, and/or Your use of or access to them, with or
without notice. Hawiyyah shall have no liability to You or any other person or
entity for any modification, suspension, or termination, or any loss of related
information.
c) In the event of any
failure of the Hawiyyah.com mobile application available through the Apple App
Store, You may notify Apple, and Apple may refund the fees paid to You.
However, to the maximum extent permitted by applicable law, Apple will have no
other obligation whatsoever with respect to Hawiyyah.com mobile application.
17. Indemnification
a) You agree to
defend, indemnify, and hold Hawiyyah, its officers, directors, employees,
agents, licensors, and suppliers, harmless from and against any claims, actions
or demands, liabilities and settlements including without limitation,
reasonable legal and related fees and expenses, resulting from, or alleged to
result from, Your violation of these Terms or Your use of Hawiyyah.com.
b) Hawiyyah reserves
the right to assume exclusive control of its defense in any matter subject to
Your indemnification, which shall not excuse Your obligation to indemnify Hawiyyah.
You shall not settle any dispute subject to Your indemnification under these
Terms without written consent from Hawiyyah.
18. Choice of Law
a) If You are a
citizen or resident of the United States, the law of the state of Your
residence governs this contract and any claim or dispute that You may have
against us, without regard to that state’s conflict of laws rules, to the
extent that such law is not preempted by federal law. If You are a citizen or
resident of another country, the law of the State of California shall apply.
b) The United Nations
Convention on Contracts for the International Sale of Goods shall have no
applicability.
19. Agreement to Arbitrate
Please read this
carefully. It affects your rights.
a) Disputes Subject to
Arbitration. Hawiyyah and You agree to arbitrate all disputes and claims
between us, including, but not limited to:
• claims arising out
of or relating to any aspect of the relationship between us, whether based in
contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose
before this or any prior agreement between us (including, but not limited to,
claims relating to advertising or disclosures); and
• claims that may
arise after the termination of this agreement.
Notwithstanding the
foregoing, either party may br /ing an individual action in small claims court,
provided that it seeks relief that does not affect other customers.
Any dispute as to the
arbitrability of claims or the scope or enforceability of this arbitration
provision, or as to the interpretation of paragraph (19)(e) below, is for the
court to decide. These Terms evidence a transaction in interstate commerce, and
thus the Federal Arbitration Act governs the interpretation and enforcement of
this provision. This arbitration provision shall survive termination of the
agreement between us.
(b) Starting the
Dispute-Resolution Process. A party who intends to seek arbitration must first
send to the other, by certified mail, a written Notice of Dispute (“Notice”).
The Notice to Hawiyyah should be addressed to: General Counsel, Hawiyyah, Inc.,
556 S. Fair Oaks Ave., Suite # 101-179, Pasadena, CA USA 91105 (“Notice
Address”). The Notice must (a) provide Your mailing address, phone number, and
account name (if any); (b) describe the nature and basis of the claim or
dispute; and (c) set forth the specific relief sought (“Demand”). If Hawiyyah
and you do not reach an agreement to resolve the claim within 45 days after the
Notice is received, You or Hawiyyah may commence an arbitration proceeding with
the American Arbitration Association (“AAA”).
(c) Costs of
Arbitration. Hawiyyah will pay all AAA filing, administration, and arbitrator
fees for any arbitration we initiate. The payment of those fees for any
arbitration that You initiate will be governed by the AAA Rules. The filing fee
currently is $125 for claims for up to $10,000 in damages, but is subject to
change by the AAA. However, if you initiate an arbitration in accordance with
the notice requirements of paragraph (19)(b) and are seeking relief valued at
$300 or less (both to You and us), Hawiyyah will pay all AAA filing, administration,
and arbitrator fees. If your claim is for greater than $300 but less than
$10,000, Hawiyyah will pay all such fees in excess of $20. After Hawiyyah
receives notice at the Notice Address that You have commenced such an
arbitration, Hawiyyah will promptly reimburse you for any portion of the filing
fee that you paid that Hawiyyah has agreed to pay..
If the arbitrator
finds that either the substance of Your claim or the relief sought in the
Demand is frivolous or br /ought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment
of all AAA filing, administration, and arbitrator fees shall be governed by the
AAA Rules, and You agree to reimburse us for any amounts we have paid on Your
behalf to the AAA.
(d) Arbitration
Procedures. The arbitrator shall be bound by the terms of this arbitration
provision. The arbitration will be governed by the Commercial Arbitration Rules
and the Supplementary Procedures for Consumer Related Disputes (collectively,
“AAA Rules”) of the AAA, as modified by this arbitration provision. The AAA
Rules are available online at www.adr.org, by calling the AAA at
1-800-778-7879, or by writing to the Notice Address. The AAA shall administer
the arbitration. If the AAA is unavailable, the arbitration will be
administered by another arbitration provider that the parties agree to or that
the court selects.
Unless Hawiyyah and
You agree otherwise, any arbitration hearings will take place in the county (or
parish) of Your residence at the time of the filing of the Demand. If you br
/ing a claim for $10,000 or less, we agree that You may choose whether the
arbitration will be conducted solely on the basis of documents submitted to the
arbitrator, through a telephonic hearing, or by an in-person hearing as
established by the AAA Rules. If Your claim exceeds $10,000, the right to a
hearing will be determined by the AAA Rules.
Arbitrators may
consider but shall not be bound by rulings in prior arbitrations involving
different customers. Arbitrators shall be bound by rulings in prior
arbitrations involving the same customer to the extent required by applicable
law.
Unless the parties
agree otherwise, You and we must br /ing all directly related claims in a
single arbitration proceeding. If You or we later initiate a subsequent
arbitration asserting claims that are directly related to ones that were raised
in a prior arbitration between the same parties, the AAA or the arbitrator
shall either (i) consolidate the subsequent arbitration with the earlier
proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent
arbitration that would be barred by applicable law if br /ought in court.
Regardless of the
manner in which the arbitration is conducted, the arbitrator shall issue a
reasoned written decision sufficient to explain the essential findings and
conclusions on which the award is based. Although under some laws Hawiyyah may
have a right to an award of attorneys’ fees and expenses if it prevails in an
arbitration, Hawiyyah agrees that it will not seek such an award unless You are
represented by an attorney and the arbitrator has determined that Your claim is
frivolous or br /ought for an improper purpose (as measured by the standards of
Federal Rule of Civil Procedure 11(b)).
(e) Prohibition of
Class or Representative Actions and Non-Individualized Relief. YOU AND HAWIYYAH
AGREE THAT EACH MAY BR /ING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN
ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.
Further, unless both You and Hawiyyah agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over
any form of a class, representative, or private attorney general proceeding.
The arbitrator may award any relief that a court could award, so long as the
relief is individualized to the claimant and would not affect other Hawiyyah
users. Neither You nor we may seek non-individualized relief that would affect
other Hawiyyah users. If a court decides that applicable law precludes
enforcement of any of this paragraph’s limitations as to a particular claim for
relief, then that claim (and only that claim) must be severed from the
arbitration and may be br /ought in court.
(f) Future Changes to
Agreement to Arbitrate. Notwithstanding any provision in these Terms to the
contrary, we agree that if Hawiyyah makes any future change to this arbitration
provision (other than a change to the Notice Address, website links, or
telephone numbers listed in this provision), any such changes will not affect
disputes that arose before the effective date of the change.
20. Entire Agreement
a) These Terms and any
Hawiyyah policies posted on Hawiyyah.com constitute the entire contract between
You and Hawiyyah and supersede all previous written or oral contracts. Except
as provided in paragraph (19)(e), if any part of the Terms is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce any term of the Terms shall not affect our right
to require performance at any subsequent time, nor shall the waiver by us of
any br /each by you of any provisions of these terms be taken to be a waiver of
the provision or provisions itself. Apple, Inc. and its subsidiaries are
intended third party beneficiaries of these Terms, and they are entitled to
enforce these Terms.
Hawiyyah
Payment Policy
Hawiyyah, Inc. (“Hawiyyah”) provides the
website Hawiyyah.com to you (“You” or “Your”) subject to this Payment Policy, its Terms of Use,
and its other policies.
This Payment Policy describes the policies
that apply to the purchase of (i) free trials; and (ii) premium content
(including Single Report purchases and Hawiyyah Membership Plans).
IF YOU DO NOT AGREE TO THIS POLICY DO NOT USE HAWIYYAH.COM
Hawiyyah’s Subscriptions
Hawiyyah may provide You with the opportunity
to try out a specific product or a Hawiyyah Membership Plan on a free, trial
basis. The terms of any such trial shall be fully disclosed prior to purchase.
You are responsible for reviewing such terms prior to accepting any trial. The
length of a trial may vary and You agree that if Your trial remains uncancelled
(by You) after expiration, then the trial shall convert to an ongoing
subscription in accordance with the terms of that particular trial offer. If
you wish to cancel your trial before it converts to an ongoing subscription,
then you may do so online, under “Subscriptions” in the Account tab or by
contacting our Customer Care department at +18885726339. Our Customer Care
department is available 7 days a week to assist you (excluding Hawiyyah-observed
holidays). All cancellations of any trial product or Membership Plan must be
received prior to 11:59 PM PT on the last day of the trial in order to avoid
conversion to an ongoing subscription (and associated charges).
b)
c) You may cancel Your Hawiyyah Membership Plan at any time and for any
reason. To cancel Your Hawiyyah Membership Plan, select “ Subscriptions” within
Your Hawiyyah.com Account Settings. Once Your Hawiyyah Membership Plan has been
canceled, You will receive a cancellation confirmation from Hawiyyah, and You
will not be billed again. When You cancel Your Plan, any processed payment will
not be refunded or prorated for partial-month usage. You will continue to enjoy
all premium content and benefits until the end of the current payment period.
If You encounter any problem during the cancellation process, please contact
Customer Care.
d)
Unless otherwise indicated in Your Plan details, Hawiyyah will automatically
renew Your Membership Plan at the same payment period and term, and charge Your
credit card or Paypal account at the beginning of each payment period. Your Hawiyyah
Membership Plan will remain open and active until Your account is canceled,
suspended, or terminated.
Payment Processing
a) To purchase a single report, sign up for Hawiyyah
Membership, or take advantage of a free trial, You must enter valid information
for a payment option, such as a credit card or Paypal account. By providing
such payment information, You certify that You are an authorized user of that
credit card or account.
b) Hawiyyah does not store or process Your
full credit card information. Instead, we employ independent and reputable
third-party payment processors to store and process this information. We may
update Your payment method with information provided by the applicable payment
processor. Meanwhile, You authorize Hawiyyah to continue to charge the updated
payment method.