The following terms and conditions shall apply to all business relations between Hayward Enterprise LLC (hereinafter "Hayward Enterprise") and you the user of the website and our services.
Please read these Terms and Conditions carefully before using the website or services (collectively the “website”). These Terms and Conditions constitute a legal agreement between you and Hayward Enterprise governing the use of our website and our services. We license use of our website and our services to you on the basis of these Terms.
Terms and Conditions
Certain services and/or products of Hayward Enterprise may be subject to separate contractual and/or registration conditions, which supplement the provisions of these Terms and Conditions. These shall be referred to separately in connection with the respective service/product in the product-specific terms and conditions. Insofar as these separate and special terms and conditions for individual service areas deviate from the provisions of these Terms and Conditions, the provisions of the special terms and conditions shall take precedence over the respective provision of these Terms and Conditions.
Deviating or conflicting terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed.
The provisions set out in these Terms govern your access to and your use of our website and shall constitute a legally binding agreement between you and us.
We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our website.
Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our website on these Terms.
User Representations
By using the website, you represent and warrant that:
all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity, and you agree to comply with these terms and our Terms and Conditions;
you are not under the age of 18; or if a minor, you have received parental permission to use the website;
you will not access the website through automated or non-human means, whether through a bot, script, or otherwise;
you will not use the website for any illegal or unauthorized purpose;
your use of the website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).
No reliance on information and limitation of liability
Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed; they are there for guidance purposes only.
Hayward Enterprise makes no representations, warranties or guarantees, whether express or implied, that the content on the website is accurate, complete or up to date.
Hayward Enterprise will not be liable for any loss or damage including, without limitation, loss of profit, indirect, incidental or consequential loss, or any damages whatsoever arising from the use of, or in connection with such use or loss of use of, the website, whether in contract or tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any content on it, or on any website linked to it.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
General Principles
We reserve the right to change, modify, suspend or discontinue any portion of the Services, our website or any other products, services, affiliated websites (including social media pages) provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our website or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
Our Acceptable Use Policy sets out the permitted uses and prohibited uses of our website. You shall ensure that all Users of your Account comply with this Acceptable Use Policy.
Our Privacy Policy sets out our policy concerning the collection, use and disclosure of your Personal Data in compliance with the GDPR. By using our website, you consent to our collection, use, and disclosure of your Data in the manner set out in our Privacy Policy and you warrant that all Data provided by you is accurate. Should you wish to update your Data and/or withdraw your consent to our collection, use, and disclosure of your Data, or should you have any feedback or enquiries relating to your Data, please contact us.
Technical requirements and responsibility
Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.
This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The user shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the online course.
Hayward Enterprise does not guarantee that the services offered can actually be used with the user's computer.
Restrictions
Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
save for internal distribution amongst your employees and persons authorised by you for your internal business purposes, and any other purposes contemplated under these Terms or the website, not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our website or any of the contents therein for any commercial or other purposes;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our website nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our website or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
not to provide or otherwise make available our website in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
to include our copyright notice on all entire and partial copies you make of our website on any medium;
to comply with all applicable technology control or export laws and regulations; and
not to disrupt, disable, or otherwise impair the proper working of the Services, our website, or servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
Intellectual Property Rights
You acknowledge that all intellectual property rights in our website anywhere in the world belong to us, that rights in our website are licensed (not sold) to you, and that you have no rights in, or to, our website other than the right to use them in accordance with these Terms.
Any intellectual property rights in content uploaded by you to our website shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the website.
You acknowledge that you have no right to have access to our website in source code form.
Save for internal distribution amongst your employees and persons authorised by you for your internal business purposes and any other purposes contemplated under these Terms or the website, you must not modify the paper or digital copies of any materials you have printed off or downloaded from our website in any way, and you must not use any illustrations, photographs, sequences, or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
You must not use any part of the content on our website for commercial purposes not specified on our website without obtaining a license to do so from us or our licensors.
If you print off, copy, or download any content on our website in breach of this Agreement, your right to use our website will cease immediately and, and must, at our option, return or destroy any copies of the materials you have made.
As a user of the website, you agree not to:
systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
make any unauthorized use of the website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
use the website to advertise or offer to sell goods and services.
circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the website and/or the Content contained therein.
engage in unauthorized framing of or linking to the website.
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.
make improper use of our support services or submit false reports of abuse or misconduct.
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website.
attempt to impersonate another user or person or use the username of another user.
sell or otherwise transfer your profile.
use any information obtained from the website in order to harass, abuse, or harm another person.
use the website as part of any effort to compete with us or otherwise use the website and/or the Content for any revenue-generating endeavor or commercial enterprise.
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website.
attempt to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website.
harass, annoy, intimidate, or threaten any of our employees or producers engaged in providing any portion of the website to you.
delete the copyright or other proprietary rights notice from any Content.
copy or adapt the website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the website, or using or launching any unauthorized script or other software.
disparage, tarnish, or otherwise harm, in our opinion, us and/or the website.
use the Web Site in a manner inconsistent with any applicable laws or regulations.
Acceptable Use Policy
You may use our website only for lawful purposes.
You may not use our website:
in any way that breaches any applicable local or international laws or regulations;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
not to access without authority, interfere with, damage or disrupt:
any part of our website;
any equipment or network on which our website is stored;
any software used in the provision of our website; or
any equipment or network or software owned or used by any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third-Party Websites and Content
The website may contain (or you may be sent via the website) links to other websites ("Third-Party websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party websites accessed through the website or any Third-Party Content posted on, available through, or installed from the Web Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the website and access the Third-Party websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which you navigate from the website or relating to any applications you use or install from the website. Any purchases you make through Third-Party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party websites.
Website Management
We reserve the right, but not the obligation to:
monitor the website for violations of these Terms and Conditions;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive or are in any way burdensome to our systems;
otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.
Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website. We also reserve the right to modify or discontinue all or part of the website without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website.
We cannot guarantee the website will be available at all times.
We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website during any downtime or discontinuance of the website.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the website or to supply any corrections, updates, or releases in connection therewith.
Availability of the website
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Hayward Enterprise accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Corrections
There may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to the website, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.
Privacy
For the purposes of applicable data protection legislation, Hayward Enterprise will process any personal data you have provided to us in accordance with our Privacy Policy available on the Hayward Enterprise website or on request from Hayward Enterprise.
You agree that, if you have provided Hayward Enterprise with personal data relating to a third party
you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Hayward Enterprise and
that you have brought to the attention of any such third party the Privacy Notice available on the Hayward Enterprise’s website or otherwise provided a copy of it to the third party.
You agree to indemnify Hayward Enterprise in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
Term and Termination
These Terms and Conditions shall remain in full force and effect while you use the website. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the website (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the website or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Warranties
While we make all efforts to maintain the accuracy of the information on our website, we provide the Services, website and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
Limitation of liability
We are not liable for the completeness, accuracy or correctness of any information uploaded to TunaVPN and any Related Content. You expressly agree that your use of the Services and TunaVPN, including reliance on any Consultant’s Advice, is at your sole risk.
You agree not to use the Services, TunaVPN and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, TunaVPN or any other website or software) for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss or corruption of data or information;
loss of business opportunity, goodwill or reputation; or
any other indirect or consequential loss or damage.
Nothing in these Terms shall limit or exclude our liability for:
death or personal injury resulting from our negligence;
fraud; and/or
any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
TunaVPN is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and TunaVPN. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and TunaVPN which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Electronic Communications, Transactions, And Signatures
Visiting the Website, sending us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Binding Arbitration
If we are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA Website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.
Class Action Waiver
The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis, and each waives the right to participate in a class action.
Waiver of Jury Trial
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.
Law and Jurisdiction
These terms and conditions and the relationship between you and Hayward Enterprise shall be governed by and construed in accordance with the Law of the United States of America and Hayward Enterprise and you agree to submit to the exclusive jurisdiction of the Courts of the United States of America.
All Digital products are non-refundable