TERMS OF USE

(Last Updated: August 10, 2020)

PLEASE READ THESE TERMS OF USE ("TERMS OF USE") BEFORE USING THIS WEBSITE.

These Terms of Use govern your access to and use of the website (“Website”) operated by HAAH Automotive Holdings Inc. (“HAAH,” “we,” “us” or “our”). The terms “you” and “your” refer to each visitor of the Site. By accessing and using the Website, you acknowledge and agree that you have: (a) read these Terms of Use; (b) you acknowledge that these Terms of Use may be amended from time to time, and; (c) you agree to be bound by any such amendments. If you do not agree to be bound by these Terms of Use, now or as amended, please leave this Website immediately and do not further access or use the Website. The Website is owned and operated by HAAH. Any Materials (defined below) on the Website are owned by HAAH or its affiliated companies, or licensed by HAAH from third parties.

CHANGES TO TERMS OF USE.

From time to time, we may change the Terms of Use. When we do, we will let you know by posting the "Last Updated" date listed above. Any changes to the Terms of Use will become effective when we post the updated Terms of Use to this Website. Your use of this Website following any changes to the Terms of Use means that you accept the revised Terms of Use. You are encouraged to review the Terms of Use each time you use this Website.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES RELATED TO THE USE OF THE WEBSITE, RATHER THAN TO PROCEED IN COURT. IT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. IT ALSO CONTAINS A JURY WAIVER, AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

AVAILABILITY OF SERVICE.

Availability of this Website is subject to certain technologies remaining commercially available, and the security and availability of the Internet cannot be guaranteed and therefore your privacy thereon cannot be guaranteed. HAAH will not be responsible for any unauthorized access to communications that you submit through the Internet or this Website.

We can decide to either suspend or terminate access to this Website without warning, or issue a warning, at any time for any reason in our discretion, including for network or system maintenance, improvement, congestion, or failure if we suspect your use of the Website (in whole or in part) is being used for any unauthorized or inappropriate purpose, as a result of your breach of these Terms of Use or for reasons unrelated to you. If suspension or termination of this Website occurs for any reason, you acknowledge and agree that you may not be able to access this Website.

NO FALSE INFORMATION.

You shall not provide any false information in connection with the use of this Website. You must use this Website consistent with these Terms of Use and all applicable laws and regulations.

PRIVACY.

For information about our data protection practices and the information collected by HAAH when you access the Website, please see our Privacy Policy. By using this Website, and subject to applicable law, you acknowledge and agree that HAAH may access, preserve, and disclose any information we receive from you if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property, or safety of HAAH, its users, or the public. HAAH will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Use.

DISCLAIMERS.

The information on the Website is subject to change without notice and HAAH neither guarantees nor represents or warrants that the information is accurate, complete, or current. HAAH is not responsible for any inaccuracies therein.

ALL MATERIALS RELATED TO THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, AND INFORMATION ON THIS WEBSITE (collectively, “Materials”) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HAAH does not warrant that the functions contained in the Materials on this Website will be uninterrupted, risk-free, or error-free, that defects, with respect to both content and functionality, will be corrected, or that this Website or the servers that make such Materials available are free of viruses or other harmful components. You assume ALL RISK ASSOCIATED WITH ACCESSING THIS WEBSITE INCLUDING, WITHOUT LIMITATION, COST OF REPAIR, SERVICING, DAMAGE, OR LOSS OF DATA.

ALL USERS OF THIS WEBSITE ACKNOWLEDGE THAT THE MATERIAL ON THIS WEBSITE (I) DOES NOT REPRESENT INVESTMENT ADVICE; (II) DOES NOT CONSTITUTE AN OFFER TO EXTEND CREDIT, A GRANT, OR SUBSIDY; AND (III) DOES NOT CONSTITUTE INVESTMENT SOLICITATION OR AN OFFER TO BUY SECURITIES. NO USER OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, WEBSITES OF HAAH’S AFFILIATED COMPANIES, SHOULD RELY ON THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE IN MAKING AN INVESTMENT DECISION, A CREDIT DECISION OR A CALCULATION OF THE TIMING OR AMOUNT OF PAYMENT ON DEBT SECURITIES OR ANY OTHER RELATED INFORMATION.

OWNERSHIP AND LIMITED LICENSE.

The Site, including all Materials thereon, is protected by worldwide copyright laws and treaty provisions, whether or not a copyright notice is present on such Materials. HAAH, or its affiliated companies, owns all right, title and interest in the Site, or has a valid right to use and sublicense the Site and all Materials on the Site, including, without limitation, all trademarks, service marks, logos and trade names used on the Site (collectively, “Trademarks”). These Trademarks include, but are not limited to, product brand names, vehicle model names, slogans, and logos.

HAAH grants you a limited, non-exclusive, non-transferable, revocable right and license (“License”) to access and use the Site (including the Materials (as defined above) for your own personal non-commercial use, subject to your compliance with these Terms of Use and Restrictions on Use of the Site, as set forth below. HAAH may, in its sole discretion, suspend, discontinue or terminate this License to you at any time for any reason. HAAH reserves the right at any time, and from time to time, to modify, suspend, discontinue, or permanently cancel any or all of the Site’s operation, in whole or in part, with or without notice to you; You acknowledge and agree that HAAH will not be liable to you or any third party for any such modification, suspension, discontinuation or cancellation.

RESTRICTIONS ON ACCESS AND USE OF SITE.

As a condition to your access and use of the Site under the License granted to you above, you agree to comply with the following restrictions:

  1. You must retain all copyright and other proprietary notices contained on downloaded Materials.
  2. You must not modify the Materials in any way or reproduce or publicly display, distribute, perform, or otherwise use them for any public or commercial purpose without HAAH's prior written consent.
  3. You must not transfer the Materials to any other person.
  4. You must not copy, download, distribute (including forwarding to others), modify, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the Materials, or anything displayed on the Site, including Trademarks of HAAH or its affiliated companies, for any purpose.

ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY SITE, TAMPER OR OTHERWISE UNDERMINE HAAH’S BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, HAAH RESERVES THE RIGHT TO PURSUE ALL AVAILABLE REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING TO COOPERATE WITH THE PROSECUTION OF ANY SUCH INDIVIDUAL.

LINKS.

This Website may provide, or third parties may provide, links to other Internet sites or resources. Because HAAH has no control over such websites and resources, you acknowledge and agree that HAAH is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that HAAH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

If you would like to link to this Site, you must comply with the following restrictions:

  1. You must not incorporate any Materials from this Site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website Materials). You may only link to, not replicate, the Site Materials.
  2. You must not use any HAAH Trademarks.
  3. You must not create the appearance of a relationship or affiliation with HAAH, unless you have prior written consent to do so.
  4. Any third party site and third party applications, software or content that use HAAH Materials or information from or linking to any part of the HAAH Site, must include a prominently displayed disclaimer on the home page stating that such third-party site is not authorized by or affiliated with HAAH.
  5. Your site may not contain offensive, distasteful, illegal or inappropriate content.

You may not use a web crawler or other search tool to gather information from the Site.

LIMITATION ON LIABILITY.

HAAH is not liable for any errors contained in this Website, or for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of (or inability to use) this Website. HAAH’s liability for damage or claims arising from your use of this Website is limited to the lesser of $100 (U.S.), or to the fullest extent permitted by law.

INDEMNITY.

You agree to defend, hold harmless and indemnify HAAH, its affiliated and parent entities, as well as their officers, directors, agents, and employees, or partners, from and against any third party claim arising from or in any way related to your use of this Website or violation of these Terms of Use including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, HAAH will provide you with written notice of such claim, suit or action.

NOTIFICATION OF CLAIMED INFRINGEMENT.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, contact Web Support at (949) 716-9050 and please provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on this Website; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

ARBITRATION.

PLEASE READ THIS PROVISION CAREFULLY AS IT INCLUDES AN AGREEMENT TO MANDATORY, BINDING ARBITRATION. THIS MEANS YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SITE TO BINDING INDIVIDUAL ARBITRATION, RATHER THAN A PROCEEDING IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY, AND NOT AS PART OF A CLASS ACTION. IT ALSO INCLUDES A JURY WAIVER, WHERE PERMITTED UNDER APPLICABLE LAW.

If circumstances arise where you have a problem with the Site, HAAH will work with you to reach a reasonable resolution. For any problem you may have with the Site, you agree to first attempt to give HAAH an opportunity to resolve your problem outside of arbitration by sending a written description of your problem to: HAAH Automotive Holdings Inc., 29 Parker, Suite 200, Irvine, CA 92618. You then agree to negotiate with HAAH in good faith about your problem. This should result in a resolution of the problem.

However, in the event we do not agree upon a solution after thirty (30) days, either party may initiate binding arbitration by sending notice of demand to arbitration to the other party. Arbitration shall be conducted by a single, neutral arbitrator, appointed according to, and under the rules of the American Arbitration Association (“AAA”) using its Consumer Arbitration Rules, available https://adr.org/commercial. To the fullest extent permitted by law, the arbitrator shall not have the power to award punitive, special, consequential or indirect damages against any party. Judgment on any award arising out of the arbitration may be entered in any court having jurisdiction. Neither party is precluded from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree to pay our own fees, costs and expenses, including those for any attorneys, experts and witnesses. The parties will equally share in the costs of arbitration, including the arbitrator’s fees. No party shall be liable for the attorneys’ fees of the other party. As a limited specific exception to this arbitration provision, you may take your claims to small claims court, if they qualify to be heard therein.

WE BOTH AGREE, THAT WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US, EXCEPT WHERE PROHIBITED BY LAW. The demand for arbitration must be made within a reasonable time after the dispute has arisen, but in no event shall any claim, action or proceeding by you related in any way to this Agreement or the Site be instituted more than two (2) years after you knew or should have known of the controversy, claim or facts forming the basis of the dispute.

To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS CLAIM SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE SITE, AND NO CLASS ARBITRATION PROCEEDING SHALL BE PERMITTED. IN THE EVENT THIS CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THEN ANY PUTATIVE CLASS ACTION MAY ONLY PROCEED IN A COURT OF COMPETENT JURISDICTION AND NOT IN ARBITRATION.

GOVERNING LAW AND JURISDICTION IN ORANGE COUNTY, CA.

The Website is operated form HAAH’s offices in Orange County, California, United States of America. The use of this Website is governed by and shall be construed in accordance with the laws of the United States and, to the extent applicable, the State of California (without regard to conflict of law principles). Users of this Website agree that any action arising from any matter relating directly or indirectly to this Website shall be brought in a court of competent jurisdiction in the County of Orange, State of California, that those courts have personal jurisdiction over you for that purpose, and you waive any right to bring or seek transfer of any such action to any court outside of Orange County, California.

WAIVER; REMEDIES.

HAAH’s failure to exercise or enforce at any time any right or provision in these Terms of Use shall not constitute a waiver thereof. The remedies set forth in these Terms of Use shall be cumulative and not alternative, and HAAH’s election of one remedy shall not preclude the pursuit of other remedies.

SEVERABILITY.

If any provision of these Terms of Use is determined by a court to be unlawful, void or unenforceable, that provision shall be eliminated from these Terms of Use, and the remaining provisions will remain in full force and effect.

CONTACT US.

If you have any questions, complaints or claims about the Website, or if you are having any technical difficulties with the Website, please email us through https://www.haahauto.com/contactus.html or call us at 949 716-9050.