Terms of Service

Last Updated: August 4, 2021

General Terms

Thank you for selecting the Services offered by Business Haven, Inc. and/or its subsidiaries and affiliates (collectively referred to as "Haven," "we," "our," or "us").  Review these Terms of Service (this "Agreement") thoroughly.  This Agreement is a legal agreement between you and Haven.  By accepting electronically (for example, by clicking "I Agree"), installing, accessing, or using the Services, you agree to these terms.  If you do not agree to this Agreement, then you may not use the Services.

1. Agreement.

(a) This Agreement describes the terms governing your use of the Haven online services provided to you on this application or website, including content, updates, and new releases (collectively, the "Services").  It includes by reference:  (i) Haven's Privacy Policy provided to you in the Services available on the website or provided to you otherwise; (ii) the Additional Terms and Conditions, which may include those from third parties; and (iii) any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc.

(b) You must be at least eighteen years of age to use our Services or have the consent of your parent or other legal guardian to use the Services.  By accessing or using our Services, you agree that:  (i) you can form a binding contract with Haven; (ii) you are not a person who is prohibited from receiving the Services under the laws of the United States or any other applicable jurisdiction; and (iii) you will comply with this Agreement and all applicable U.S. federal, state, local, and non-U.S. laws, rules, and regulations, including applicable trade regulations.

2. Your Right to Use the Services.

(a) The Services are protected by copyright, trade secret, and/or other intellectual property laws.  You are only granted the right to use the Services and only for the purposes described by Haven.  Haven reserves all other rights in the Services.  Until termination of this Agreement and as long as you meet any applicable payment obligations, data limits, and otherwise comply with this Agreement, Haven grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

(b) You agree not to use, or to permit any third party to use, the Services or content in a manner that violates any applicable law, regulation, or this Agreement.  You agree you will not:  (i) provide access to or give any part of the Services to any third party (other than an employee or service provider who becomes an Additional User who agrees to be bound by this Agreement); (ii) reproduce, modify, copy, sell, trade, lease, rent, or resell the Services without our express prior written consent; (iii) decompile, disassemble, or reverse engineer the Services; or (iv) make the Services available on any file-sharing or application hosting service.

(c) The Services are not intended for use by the U.S. federal government or other entities utilizing federal appropriated funds to acquire a license to the Services (each, a "Federal User").  A license for use by any Federal User is not granted and any such usage is prohibited.  In the event any Federal User should purport to acquire a license to the Services, such license is hereby nullified and declared void, and no contract between Haven and a Federal User shall result from such purported acquisition.  Haven reserves the right in its sole discretion: (i) to cancel any Services order placed by a Federal User (either directly from Haven or from any third party) at any time, including but not limited to, after such Services has been provided to the Federal User at issue, and (ii) to restrict such Federal User's access or use of the Services.

3. Payment and Taxes. 

For Services offered on a payment or subscription basis, the following terms apply if you are the User paying for the Services, unless Haven or its third-party affiliate notifies you otherwise in writing.  This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services and includes the following terms:

(a) Payments will be billed to you in U.S. dollars or other currencies that may be made available (plus any and all applicable taxes), and your account will be debited (including any applicable taxes) when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.

(b) You must pay with one of the following:  (i) a valid credit card acceptable to Haven; (ii) a valid debit card acceptable to Haven; (iii) sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or (iv) by another payment option Haven provides to you in writing.

(c) If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, then we may suspend or terminate your account and refuse any use of the Services.

(d) If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

(e) Haven will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.  Additional cancellation or renewal terms may be provided to you on the website for the Services.

4. Use With Your Mobile Device. 

Mobile access to the Services requires an active subscription and Internet access and may not be available for all mobile devices or telecommunication providers.  You will need to check the Services website to ensure your mobile device and telecommunications provider are compatible with the Services.  Haven is not obligated to provide a compatible version of the Services for all mobile devices or telecommunication providers, which is subject to change by Haven at any time with reasonable notice to you.  You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees, as well as the terms of your agreement with your mobile device and telecommunications provider.  HAVEN MAKES NO REPRESENTATIONS WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, AS TO:  (I) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (II) ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.

5. Your Personal Information.

(a) You can view Haven's Privacy Policy provided with the Services and on the website for the Services.  You agree to the applicable Haven Privacy Policy and any changes published by Haven.  You agree that Haven may use and maintain your data according to the Haven Privacy Policy as part of the Services.  You give Haven permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other users of the Services and/or other Haven services.  For example, this means that Haven may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. Haven is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

(b) For the purposes of the California Consumer Privacy Act (the "CCPA"), Haven shall be considered a Business and/or Third Party, as applicable.  Where Haven acts as a Third Party, you represent, warrant, and covenant that all Personal Information that you have provided or otherwise made available to Haven you have provided or otherwise made available in compliance with applicable law, have provided all necessary and appropriate notices and opt-outs, and have otherwise granted all necessary and appropriate rights to Haven to enable Haven to (i) share any and all Personal Information you provided to Haven with any Haven company, including Business Haven, Inc. and any parent, subsidiary, affiliate, or related affiliate of Business Haven, Inc. (collectively, the "Haven Companies"), and (ii) use any such Personal Information in connection with any and all Haven Companies' internal operations and functions, including, but not limited to, improving such Haven Companies' products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions, and archival purposes.  Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between Haven Companies does not constitute a "sale" of such Personal Information under the CCPA.  Capitalized terms in this paragraph have the meanings given those terms under the CCPA.

6. Content and Use of the Services.

(a) Responsibility for Content and Use of the Services.  Content includes any data, information, materials, text, graphics, images, music, software, audio, video, and/or works of authorship of any kind that are uploaded, transmitted, posted, generated, stored, or otherwise made available through the Services (collectively, "Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services.  By making your Content available through your use of the Services, you grant Haven a worldwide, royalty-free, non-exclusive license to host and use your Content.  Archive your Content frequently.  You are responsible for any lost or unrecoverable Content.  You must provide all required and appropriate warnings, information and disclosures.  Haven is not responsible for any of your Content or data that you submit through the Services.

(b) Restricted Use of the Services.  You agree not to use, or to permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote, or transmit any of the following, including but not limited to:

(i) Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate, or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others, or criminal or civil liability under any U.S. federal, state, local, or non-U.S. law;

(ii) Content that would impersonate someone else or falsely represent your identity or qualifications; that may constitute a breach of any individual's privacy; that is illegally unfair or deceptive; or that creates a health or safety risk to an individual to the public;

(iii) Except as permitted by Haven in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication, or spam;

(iv) Virus, Trojan horse, worm, or other disruptive or harmful software or data; and

(v) Any information, software, or Content that you do not own or have the right to use or that is not legally yours without permission from the copyright owner or intellectual property rights owners thereof.

(c) Illegality.  You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm, or damage to the reputation of Haven, or could subject Haven to liability to third parties, including:  (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems, or networks; (ii) interference with others' use of the Services or any system or network, including mail bombing or broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in Haven's opinion, is prohibited under this Agreement; (v) any other activity that places Haven in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate, or test the vulnerability of any Haven system or network or to breach Haven's security or authentication measures, whether by passive or intrusive techniques.  Haven reserves the right to not authorize, and may terminate your use of, the Services based on reasonable suspicion of your activities, business, products, or services that are objectionable or promote, support, or engage in any of the restricted uses described above.

(d) Ownership.  You shall have no right, title, or interest in and to the Service or Software, which rights of ownership will always be held by Haven.

(e) Storage.  You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for general archiving or back-up purposes.  You also agree not to store "critical" data on the Service, including without limitation data pertaining to power generation, military or national security, or any function to sustain or rescue the health or well-being of any person.

(f) Community Forums.  The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public.  Haven does not support and is not responsible for the Content in these community forums.  Please use respect when you interact with other users.  Do not reveal information that you do not want to make public.  Users may post hypertext links to content of third parties for which Haven is not responsible.

(g) Feedback.  Haven may freely use feedback you provide.  You agree that Haven may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising, or marketing materials.  You grant Haven a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to Haven in any way.

(h) Monitoring.  Haven may monitor your Content.  Haven may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and/or to comply with applicable law or other legal requirements.  We may disclose any information necessary to satisfy our legal obligations, protect Haven or its customers, or operate the Services properly.  Haven, in its sole discretion, may refuse to post, remove, refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be, unacceptable, undesirable, inappropriate, or in violation of this Agreement.

(I) Third-Party Services.  Our Services contain features designed to interoperate with third-party services (which may include, for example, banking and financial services like PayPal, Plaid, and/or Stripe, social platforms like Facebook and/or Twitter, and system infrastructure service providers like Google).  Such Service features depend on those third-party providers continuing to make their services, including their application programming interfaces ("APIs") where applicable, available for the Services.  If any of those third-party service providers ceases to make its applicable services or APIs available on reasonable terms to Haven, we may cease providing the corresponding features without entitling you to any refund, credit, or other compensation.

(j) Alpha Testing Acknowledgement.  You hereby acknowledge and agree that (A) the Services are being made available to you in connection with, and you have chosen to participate in, the alpha test of the Services, (B) the alpha version of the Services is not at the final level of quality expected of the Services, (C) Haven is not making any representations or warranties or otherwise guaranteeing any amount of uptime with respect to the Services, (D) you may experience technical difficulties and/or loss of data in connection with your use of the Services, (E) your participation in the alpha test is intended primarily to help Haven understand how users will interact with the Services in order to improve users’ experience with the Services, and (F) Haven will be severely limited in the amount of help and support that it is able to provide to you in connection with your use of the Services.

7. Additional Terms.

(a) No Professional Advice.  Haven does not give professional advice.  Unless specifically included with the Services, Haven is not in the business of providing legal, financial, accounting, tax, health care, real estate, or other professional services or advice.  Consult the services of a competent professional when you need this type of assistance. Without limiting the generality of the foregoing, the information provided in connection with the Services does not, and is not intended to, constitute legal advice.  Instead, all information, content, and materials provided in connection with the Services are for general informational purposes only.  Information provided in connection with the Services may not constitute the most up-to-date legal or other information.  You should contact your attorney to obtain advice with respect to any particular legal matter.  You should not act or refrain from acting on the basis of information provided in connection with the Services without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information provided in connection with the Services--and your interpretation of it--is applicable or appropriate to your particular situation.  Use of, and access to, the Services or any of the links or resources contained within the Haven platform do not create an attorney-client relationship between the you and Haven or any website authors or other contributors. The content in any posting on the Haven platform is provided "as is"; no representations are made that the content is error-free.  All liability with respect to actions taken or not taken based on the contents of the Haven platform are hereby expressly disclaimed.

(b) Other Services.  We may tell you about other Haven services.  You may be offered other services, products, or promotions by Haven (collectively, "Other Services").  Additional terms and conditions and fees may apply.  With some Other Services you may upload or enter data from your account(s) such as names, addresses, and phone numbers, purchases, etc., to the Internet.  You grant Haven permission to use information about your business and experience to help us to provide the Other Services to you and to enhance the Services.  You grant Haven permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally.  You also grant Haven permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

(c) Communications.

(i) Haven may be required by law to send Communications to you that may pertain to the Services or third-party products and the use of information you may submit to us.  Additionally, certain third-party services you choose may require Communications with third parties who administer these programs.  You agree that we and others who administer such services (as applicable) may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites.  You consent to receive these Communications electronically.  The term "Communications" means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Services or third-party services.  We may also send Communications to you using the means listed below.

(ii) The decision as to whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below.  Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Services.

(iii) In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, an Internet browser software that supports 128-bit encryption, PDF reader, and an email address.  As applicable, by selecting the "I Accept" button or other similar option, you are confirming to us that you have the means to access, and to print or download, Communications.  We do not provide ISP services.  You must have your own Internet service provider.

(iv) If you later decide that you do not want to receive future Communications electronically, then please notify us.  If you withdraw your consent to receive Communications electronically, then we may terminate your use of the Services.

(v) You agree to notify us promptly of any change in your email address.  You can do so by logging into the Client Company Setting tab in the application.  By providing us your telephone number (including a wireless/cellular telephone), you consent to receiving calls from Haven at that number.

(d) Passwords.  You will manage your passwords and accept updates.  You are responsible for securely managing your password(s) for the Services and for contacting Haven if you become aware of any unauthorized access to your account.  The Services may periodically be updated with tools, utilities, improvements, third-party applications, or general updates to improve the Services.  You agree to receive these updates.

8. Disclaimer of Warranties. 

YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK.  EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS."  TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, HAVEN, ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES.  HAVEN AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION.  IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO SIXTY DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.  HAVEN, ITS AFFILIATES, AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

9. Limitation of Liability and Indemnity. 

TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR THE SERVICES AGREEMENT(S) TO THE CONTRARY. THE ENTIRE LIABILITY OF HAVEN, ITS AFFILIATES, AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.  SUBJECT TO APPLICABLE LAW, HAVEN, ITS AFFILIATES, AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING:  (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET HAVEN SYSTEMS REQUIREMENTS.  THE ABOVE LIMITATIONS APPLY EVEN IF HAVEN AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF HAVEN AND ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.  You agree to indemnify and hold Haven and its Affiliates and Suppliers harmless from any and all claims, liability, and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively, "Claims").  Haven reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims.  You agree to reasonably cooperate as requested by Haven in the defense of any Claims.

10. Changes. 

We reserve the right to modify this Agreement, in our sole discretion, at any time.  Such modifications may be posted through the Services, on our website for the Services, or when we notify you by other means. We may also change or discontinue the Services, in whole or in part.  It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.

11. Termination. 

Haven may, in its sole discretion and without notice, restrict, deny, or terminate this Agreement or suspend the Services or related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity, or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Haven policy, or if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Haven's interests or those of another user of the Services.  Upon termination, you must immediately stop using the Services and any outstanding payments will become due.  Any termination of this Agreement shall not affect Haven's rights to any payments due to it.  Haven may terminate a free account at any time.  Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.

12. Global Trade Restrictions.

You agree that you and anyone who uses the Services, including the related website, desktop application, online services, and mobile application, are not prohibited from receiving the services under the laws and regulations of the United States or other applicable jurisdiction.  You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government.  You agree that you will comply with these export control and sanctions laws and regulations, and will not transfer or provide any part of the Services, in violation of these laws and regulations, directly or indirectly.

13. Governing Law.

The law of the State of Indiana (without regard to its conflict of laws provisions) governs this Agreement.

14. Disputes. 

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify.  Additionally, under Consumer Arbitration Rule 9(b), either party may elect to take a claim to small claims court, even after filing an arbitration.  The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Indiana law to all other matters.  All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.  Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.  WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND HAVEN ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY.  IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS.  YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.  To begin an arbitration proceeding, please contact Haven.  Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879.  Payment of all filing, administration, and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, then Haven will pay them for you.  In addition, Haven will reimburse all such fees and costs for claims where the claims, as alleged, total less than $75,000 unless the arbitrator determines the claims are frivolous.  Likewise, Haven will not seek its attorneys' fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.  This Section 14 shall survive expiration, termination, or rescission of this Agreement.

15. General. 

This Agreement, including the Additional Terms below and all services agreements, attachments, exhibits, and scheduled annexed thereto, is the entire agreement between you and Haven regarding its subject matter and replaces all prior understandings, communications, and agreements, whether written or oral, regarding its subject matter.  Any license of Haven software or purchase of Haven services and support are made pursuant solely to the terms and conditions of this Agreement.  Notwithstanding the content of any purchase order, sales order, sales confirmation, or any other printed or pre-printed document relating to the subject matter herein, the terms and conditions contained in this Agreement shall take precedence over any contract or other document between you and Haven and shall be incorporated by reference into any subsequent purchase order, sales order, or contract, and any conflicting, inconsistent, or additional terms and conditions contained therein shall be null and void.  If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, then that section will be deemed severed without affecting the remainder of the Agreement.  The remaining terms will be valid and enforceable.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.  You may not assign or transfer ownership of this Agreement to anyone without the written approval of Haven.  However, Haven may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Haven, or (c) a successor by merger, acquisition, consolidation, or other similar business combination.  Any assignment in violation of this Section shall be void.  If you want to request a transfer of this Agreement, then please contact Haven.

Additional Terms and Conditions

Your use of the following Services provided by Haven are subject to the General Terms of Service above and these Additional Terms and Conditions.  These Additional Terms and Conditions will prevail over any conflict or inconsistency with the General Terms of Service.  If you are entering into this Agreement on behalf of a company or other legal entity, then you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorized representative, in which case the terms "you" or "your" will refer to such entity and its affiliates as well as you.  If the legal entity that you represent does not agree with these terms and conditions, then you must not accept this Agreement, register, access, or use the Services as an authorized representative.

1. Services. 

Each of the following products and services are referred to in this Agreement as a "Service" and collectively as the "Services":  The Haven platform is an online solution for small businesses to perform accounting, communications, CRM, e-commerce, estimates, human resources, inventory, invoicing, payroll, point-of-sale, recruiting, task management, and other similar business tasks through an online account (each, a "Haven Account") that provides access to a desktop application, mobile application, and web application.  Each Haven Account may only be used to support one business.  We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services.  For material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator's (as defined below) email address.  Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time.  In the event that we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications.  You may reject any changes to the Services by discontinuing use of the Services to which such changes relate.  Your continued use of the Services will constitute your acceptance of and agreement to such changes.

2. Users.

(a) Types of Users.  The Services allow the following types of access and user rights: When you initially register and create an account for a Service, you are, or a party that you authorize is, the administrator (the "Administrator").  An Administrator may authorize additional individuals to access the Services through the same account (each, an "Additional User").  The number of Additional Users may be limited based upon the subscription you purchase.  Additional Users may include, for example, your employees, accountant, contractors, agents, and clients.  You may be referred to in this Agreement as "you," "your," or "User," or you may be referred to specifically in your applicable role as an Additional User or an Administrator.  All Users will be required to accept this Agreement before accessing the Services.  With respect to each Haven Account you access, you agree to these terms as an Administrator or an Additional User, as applicable.  As any User of the Services, unless otherwise explicitly stated in this Agreement, all of these terms apply to you each time you access the Services.

(b) For Administrators.  As an Administrator, the following applies to you:  Only Administrators may designate another individual as a replacement Administrator or co-Administrator.  You agree that Additional Users are Haven customers, but that you are responsible for your Additional Users' access to the Services.  Depending on the types of access rights you grant to an Additional User, that Additional User may be able to delete, copy, or view the Content and data accessible in your account and add charges to the subscription.  As an Administrator, you are responsible for the access to the Services you grant to Additional Users.  If you choose to close or terminate your access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service.  You agree to provide sufficient notice to Additional Users of your desire to terminate access to the Services before taking such actions.  A violation of any terms of this Agreement by an Additional User may result in the termination of an Administrator's or any Additional User's access to the Services.

(c) For Additional Users.  As an Additional User, the following applies to you:  When you register to access an account for which you are not an Administrator, you understand that you are accessing the Service as an Additional User and that you may not have the same level of access or the same rights as an Administrator.  Depending on the types of rights you are granted by the Administrator, you may be able to delete, copy, or view another User's Content and data.  Please make sure that you have an agreement with the Administrator about your role and rights.  If an Administrator chooses to close or terminate access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service.  As an Additional User, you understand that if you violate this Agreement, then your access to our Services may be terminated, and we also retain the right to terminate access for any other Users of the same account.

3. Subscription.

(a) Payment for Services.  The Services are licensed on a monthly or yearly subscription basis to the User that pays for the Service.  Haven will bill you at the agreed-upon base rate, or the otherwise agreed-upon promotional offer rate, per month for each billable user who has access to your account.  The rates for billable users are subject to change upon reasonable notice.  Unbilled users are generally Haven users who have read-only access to certain system features.  As the Administrator, you may choose whether you or another User pays for the license.  Please review all of the details of the subscription that you purchase; some subscriptions may provide access to one Service and others provide access to more than one Service.

(b) Subscription Cancellation.  The Administrator may notify us if he or she wants to cancel the subscription before the beginning of the new subscription period.  In the event that Haven is unable to charge a User's chosen payment method in accordance with this Agreement, we may terminate this Agreement and access to the Services immediately, without notice.  If you stop using the Services, then Haven has fulfilled your subscription term.  Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated.  After your access to the Services is terminated, you may no longer have access to any of the data or Content in the Services.  We suggest that you retain your own copies of any data or Content that you may need because Haven is not responsible for providing you with access to your Content or the Services after any cancellation or termination of this Agreement.

4. Usage Limits.

(a) Haven Limits.  Haven may limit usage for some features based upon the subscription you purchased.

(b) Deactivation/Cancellation When Exceeding Usage Limits.  If at any time you exceed the usage limits for the subscription you purchased, then we reserve the right to immediately deactivate or suspend your subscription and terminate access to the Services and to your data without notice.  If your account is deactivated, then you will not be charged further for your subscription, but you will not be entitled to any proration of fees or refunds for unused subscriptions.  We reserve the right to maintain your data in a read-only format for purposes of reviewing historical activity, which you may have access to view for up to twelve months after deactivation.  This is subject to change without notice.

(c) Downgrade.  If you choose to downgrade to a Haven plan with a lower usage limit, then you will not be able to complete the downgrade until your company file is under the new Haven plan's usage limits.  For example, if you try to downgrade from Haven Advanced to Haven Essentials and you are over your Chart of Accounts limit on Haven Essentials, then you will need to remove some fields from your Chart of Accounts before you can complete the downgrade.  When you remove or make fields inactive, Haven will maintain the inactive data in a read-only format for purposes of reviewing historical activity.

(d) Reactivating Subscriptions. If you cancel your Haven subscription or are deactivated due to nonpayment or because you have exceeded the usage limits for the subscription, then you may choose to reactivate your Haven subscription.  If you choose to reactivate your Haven subscription, then you will be required to reduce the Chart of Accounts, Classes and Locations, and/or Billable Users to within the plan's usage limits in order to reactivate the Haven subscription.  When you remove or make fields inactive, Haven will maintain the inactive data in a read-only format for purposes of reviewing historical activity.

5. Data.

(a) Personal Data.  Unless otherwise stated, you agree that Haven will, alone or jointly with others, determine the purposes and means of the processing of personal data inputted into our products and services in accordance with our Privacy Policy.  If you are providing personal data of others to Haven, then you agree that you have either provided the owner of such personal data notice or received permission from the owner of such personal data, as required by applicable law, for us to:  (i) use or disclose the data in accordance with our Privacy Policy, (ii) move the data outside of the country of residence of such owner of the personal data, if applicable, (iii) provide the data to Third-Party Products that you approve, and (iv) otherwise use and disclose the data in accordance with this Agreement.  You acknowledge and agree that Haven may provide data in your account to any Additional Users to which that data is applicable or personal to.

(b) Business Data.  Unless otherwise stated, you agree that Haven will, alone or jointly with others, determine the purposes and means of the processing of data related to your business input into our products and services in accordance with our Privacy Policy.  If you are providing data of a business to Haven, then you agree that you have either provided the owner of such business data notice or received permission from the owner of such business data, as required by applicable law, for us to:  (i) use or disclose the data in accordance with our Privacy Policy, (ii) move the data outside of the country of residence of such owner of the business data, if applicable, (iii) provide the data to Third-Party Products that you approve, and (iv) otherwise use and disclose the data in accordance with this Agreement.  You acknowledge and agree that Haven may provide data in your account to any Additional Users to which that data is applicable or specific to.

(c) Employee Personal Data.  You represent and warrant to Haven that, if you are providing Personal Information to us that is not personal to you, then you agree that you have either provided the Data Subject appropriate notice or received all necessary consents and permission from the Data Subject and have the appropriate legal basis, as required by applicable law, for us to:  (A) use and/or disclose personal information in accordance with this Agreement and the Haven Privacy Policy; (B) move the data outside of the country of residence of such owner of the personal data, if applicable, pursuant to this Agreement and the Haven Privacy Policy; (C) provide the Personal Information to Third-Party Products that you approve; and (D) otherwise use and disclose the Personal Information in accordance with this Agreement and the Haven Privacy Policy.

(d) Public Content.  As a User, you may have the opportunity to share your data, Content, or ways in which you aggregate data (collectively, your "Account Content") with other Users, other Haven customers, and other third parties.  When sharing any Account Content, you agree not to share any confidential information.  If you have the option of accessing another User's Account Content, then you understand and agree that the Account Content is being provided by the User, and not Haven, for information and guidance purposes only, and Haven and such User are not responsible in any way for your use of the Account Content.

(e) Telephone Numbers.  You may provide us with your telephone number as part of your customer record or registration or via other methods.  You understand and agree that Haven may use your telephone number for "multi-factor authentication" ("MFA"), to confirm your identity and help protect the security of your account.  Part of the MFA identity verification process may involve Haven sending text messages containing security codes to your telephone number.  You agree to receive these texts from Haven containing security codes as part of the MFA process.  In addition, you agree that Haven may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including providing you with important critical notices regarding your use of the Services or fulfilling a request made by you through the Services. Additionally, Haven may use your telephone number to contact you about special offers or other Haven or third-party products or services unless you opt out of such marketing. For the Product Support and Mobile App Download Programs, Message and Data rates may apply.  Mobile carriers are not liable for delayed or undelivered messages.  With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to Haven (such information may include from your mobile phone service provider account record, your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI), and other mobile phone subscriber details).

6. Trial Versions and Beta Features.

(a) Trial Version.  You may be offered a trial version of the Services provided by Haven and/or its affiliates or trial versions for products or services through independent parties.  If you registered for a trial use of the Services or any third-party trial services (the "Trial Period"), you must decide to purchase a license to the Services within the Trial Period in order to retain access to any Content or data provided or created during the Trial Period.  If you do not purchase a license to the Services by the end of the Trial Period, then your Content will no longer be available to you.  To be very clear, after using the Services during the Trial Period, if you decide not to purchase the Services, then you will not be able to access or retrieve any of the data or Content you added to or created with the Services during the trial.

(b) Beta Features.  From time to time, Haven may, at its sole discretion, include new or updated beta features in the Services (collectively, "Beta Features").  Beta Features may have associated fees, which will be disclosed to you at the time you choose to use the Beta Features.  We understand that your use of any Beta Feature is voluntary.  You understand that once you use a Beta Feature, you may be unable to revert back to a prior non-beta version of the same or similar feature.  Additionally, if such reversion is possible, then you may not be able to return or restore data created within the Beta Feature back to the prior non-beta version.  The Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and information from any connected device.  You acknowledge and agree that all use of any Beta Feature is at your sole risk.

7. Specific Features and Services.

(a) Data Receipt Service.  We may provide you with the opportunity to transfer certain data from a Third Party Product or an Ancillary Service to these Services (the "Data Receipt Service").  You may need to be an active subscriber of the Third-Party Product or Ancillary Services to use the Data Receipt Service.  In order to access a Third-Party Product or an Ancillary Service on your behalf, you may need to provide us with your Login Details.  We will maintain your Login Details in encrypted form, and will only use them in connection with the Data Receipt Service or otherwise at your direction.  You hereby represent that you have the authority to provide the Login Details to Haven, and you expressly appoint Haven as your agent, or the agent of the third party who owns the Login Details, in each case, with limited power of attorney to access any Third-Party Products or Ancillary Services and retrieve data on your behalf.  With respect to each Data Receipt Service, you grant Haven the right to transfer data to the Services and to reformat and manipulate your data as reasonably necessary for the data to function with the Services.  After the transfer occurs, your original data and Content may not remain in the Third-Party Product or the Ancillary Services; please review the terms of those products and services to confirm.  You agree that you will (i) review and comply with all Third-Party Product and Ancillary Service terms and conditions before you access the Data Receipt Services and (ii) not use the Data Receipt Services in any manner that would infringe or violate the rights of Haven or any other party or in furtherance of criminal, fraudulent, or other unlawful activity.  In the event that any Third-Party Product charges for access to data, you agree that you are responsible for any fees due and owing.  You agree that the providers of the Third-Party Products, and not Haven, are solely responsible for their own actions or inactions.  Haven is not liable for any damages, claims, or liabilities arising out of or related to any Third-Party Products.  We do not guarantee that you will be able to use the Data Receipt Service with any specific products or services.  You will only have access to the Data Receipt Services during the period for which you have paid for a subscription.  Third-Party Products may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of data or the overall performance of the Data Receipt Service.  Your most recent data from a Third-Party Product or Ancillary Service may not always be available in the Services.  Any data obtained through the Data Receipt Service will be made available in the Services and will be subject to the terms and conditions of this Agreement, including our Privacy Policy.

(b) Accounting Features.  Haven provides access to various accounting features.  If you use these accounting features, then you agree to the following terms:

(i) You are responsible for (A) the accuracy and completeness of any data that you put into the Haven system at account creation, (B) the accuracy and completeness of any and all information that you or any person associated with your business enters into Haven, whether through the desktop application, mobile application, web application, and/or other connected services at any time after account creation; and (C) the timely update of any and all information recorded in Haven because certain features may generate and/or send reminders or other similar update notifications to you, other users related to your business, and/or your end customers.

(ii) You are responsible for the timely update and recordkeeping of all data relevant for accounts receivable and accounts payable purposes and acknowledge that Haven may send reminder e-mails and/or other notifications to you and/or your customers based on such information, whether up to date or not, including reminders to customers to pay outstanding invoices.

(iii) With respect to any reconciliation feature, you are responsible for linking your bank account to Haven through a third-party service that provides transaction data from your bank account to Haven.  May be a reconciliation feature that uses data that is provided through a third-party service that you authorize that connects to your bank account.  We don’t guarantee the accuracy of information provided by the third-party service.  You are ultimately responsible

(iv) You are responsible for compliance with U.S. Generally Accepted Accounting Principles and/or International Financial Reporting Standards, as applicable.

(v) You acknowledge that (A) your use of the Haven system does not constitute accounting advice from Haven or an opinion from Haven that your accounting records comply with U.S. Generally Accepted Accounting Principles and/or International Financial Reporting Standards, as applicable, and (B) Haven is not providing you with an audit of your accounting records.  You further agree that you will obtain the advice of qualified accounting, audit, financial, tax, and/or other advisors as necessary.

(c) Tax Features.

(i) You acknowledge and agree that you, and not Haven, are responsible for (A) the setting of tax codes in Haven that shall be the sales tax rates of tax agencies that govern the locations of (i) your company; and (ii) of your customers, based upon your Haven settings ("Tax Locations"); (B) the setting of tax rates for the different types of items and services that you sell in the Tax Locations, based upon your Haven settings ("Tax Rates"); (C) updating Tax Locations and Tax Rates as might be required from time to time, such as when tax rates are changed by a tax agency, or when creating a new customer in a new tax location; and (D) applying the correct Tax Rate and Tax Location to your Haven sales transactions based upon your Haven settings ("SUT Services").

(ii) Accuracy and Completeness of Information.  SUT Services are based upon information you shall provide, assuming that such information is complete and accurate.  You confirm and acknowledge that Haven does not verify the accuracy, correctness and completeness of information you provide.  You confirm and acknowledge that Haven will not be responsible for any fines or penalties that may be levied as a result of information provided to Haven which may be inaccurate, incomplete, or otherwise untimely.

(iii) Default or Bankruptcy.  If you (A) default in the payment of any sum of money hereunder, (B) default in the performance of any other obligations under this Agreement, or (C) commit an act of Bankruptcy or become the subject of any proceeding under the Bankruptcy Act or become insolvent, or if any substantial portion of your property becomes subject to levy, seizure, assignment, application for sale for or by any creditor or governmental agency, then, in any such event, Haven, at its option, may, upon written notice thereof, (x) terminate the Agreement, (y) declare all amounts due become immediately due and payable, and/or (z) require you to deposit with us an amount equal to the twelve-month average monthly or annual processing charges to prepay for any future processing.

(vii) No Liability.  Haven will not be liable for any penalty, interest, or other liability that results from inaccurate or incomplete information you supply.  In the event that Haven becomes aware of any tax agency information that is inaccurate, Haven reserves the right to input the correct information without prior notice to you.  Haven will not be liable in any way if the SUT Services cannot be performed completely or accurately because of anything not reasonably within our control, including problems with the Internet or inaccurate or incomplete information you provide to us.  If any Haven error occurs in performing the SUT Services, our only responsibility will be to make the correct payment or file the correct report and pay any resulting tax interest or penalty. In no event will we be liable for any indirect, special or consequential damages.  If these remedies fail of their essential purpose, then Haven's maximum liability will equal the fees you have paid to Haven for the applicable Service subscription.

(viii) DISCLAIMER.  YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SUT SERVICES TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER USE OF THE SUT SERVICES, AND FOR VERIFYING RESULTS FROM USE OF THE SUT SERVICES.  HAVEN AND ITS SUPPLIERS DISCLAIM ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SUT SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SUT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

(ix) Limited Power of Attorney.  You hereby grant Haven a limited power of attorney to initiate any reasonably necessary actions on your behalf in order to provide you with the SUT Services.

(d) Communication Services.  We may provide you with the opportunity to communicate with other Users within the Services or with other third parties through the Services ("Communication Services").  You may choose whether or not you would like to use the Communication Services.  You agree that you have received permission to communicate with any third parties who are not Users through the Communication Services and that such third parties have agreed to Haven's use and disclosure of data available in the Communication Services in accordance with this Agreement.  Users whom you communicate with may have access in the future to the data provided through the Communication Services, and you may not have the ability to restrict that access.  Haven's systems may extract certain data (e.g., numbers, names, or attachments) from the Communication Services and provide it to you in other parts of the Services.

(e) Intellectual Property in Services.

(i) Content Removal.  Haven does not pre-screen materials that you use on Haven.  Although Haven has no obligation to monitor your account(s), Haven may do so and may remove any Content if Haven believes they may be (or are alleged to be) in violation of any applicable laws, regulations, or this Agreement, or are otherwise objectionable or offensive in Haven’s sole discretion.

(ii) DMCA.  If persons believe that their copyrighted work has been used in a way that may constitute copyright infringement and is accessible through Haven, then they may notify Haven’s Designated Agent, as set forth in the Digital Millennium Copyright Act of 1998 (the “DMCA”).  All such notices should comply with the requirements of the U.S. Copyright Act, 17 U.S.C. 512(c)(3), and the rule regulations promulgated thereunder, each as amended.  Such notices not complying with these requirements will not be processed.  Upon receiving a DMCA notice, Haven reserves the right to remove or disable access to the claimed-infringing materials.

(f) Third-Party Code.  The Services use code developed by various third parties (collectively, "Third-Party Code"), which is subject to the following additional license terms.  You agree that you (i) will use the Third-Party Code only as an integral component of the Services; (ii) will not use the Third-Party Code for development, compilation, debugging, or similar design-time purposes; (iii) will not reverse-compile or decompile, analyze, reverse-engineer, reverse-assemble or disassemble, unlock, or otherwise attempt to discover the source code or underlying algorithms of the Third-Party Code or attempt to do any of the foregoing in relation to the object code of the Third Party Code; and (iv) will not modify, adapt, translate, or create any derivative works of the Third Party Code or merge the Third Party Code into any other software.

(g) Service Providers.  We may use third parties in the operation of our Services or to perform any of our obligations in this Agreement (each, a "Service Provider").  In order for our Service Providers to be able to provide you with certain aspects of the Services, we may share a limited amount of your data or Content with such Service Provider.  Our agreements with Service Providers outline the appropriate use and handling of this information and prohibit the Service Provider from using any of your information for purposes unrelated to the Services.

(h) Third-Party Products.  By using these Services, you agree that we may market to you or offer you access to products or services from third parties ("Third-Party Products").  If you decide to use or access any Third-Party Products, then you agree that you are solely responsible for your relationship with the provider of the product.  Haven is not affiliated with Third-Party Products and does not endorse or recommend any Third-Party Products.  You agree that the providers of the Third-Party Products, and not Haven, are solely responsible for their own actions or inactions.  Haven is not liable for any damages, claims, or liabilities arising out of or related to any Third-Party Products.  You agree that you will (i) review and comply with all Third-Party Product terms and conditions and (ii) not use the Third-Party Product in any manner that would infringe or violate the rights of Haven or any other party or in furtherance of criminal, fraudulent or other unlawful activity.

(i) Data Transfer Service.

(i) We may provide you with the opportunity to transfer your data and Content from the Services to certain supported online Third-Party Products or other online Haven services (the "Ancillary Services") that you sign up for or use in connection with the Services (the "Data Transfer Service").  You may need to be an active subscriber of the Third-Party Product or Ancillary Services to use the Data Transfer Service.  In order to access a Third-Party Product or an Ancillary Service on your behalf to provide the Data Transfer Service, you may need to provide us with your account number, password, security questions and answers, and any other necessary login information from time to time (collectively, "Login Details").  We will maintain your Login Details in encrypted form and will only use them in connection with the Data Transfer Service or otherwise at your direction.  You hereby represent that you have the authority to provide the Login Details to Haven and that you expressly appoint Haven as your agent, or the agent of the third party who owns the Login Details, in each case, with limited power of attorney to access any Third-Party Products or Ancillary Services on your behalf.  With respect to each Data Transfer Service, you grant Haven the right to transfer data to the Third-Party Product or Ancillary Service and to reformat and manipulate the data as reasonably necessary for the data to function with such product or service.  After the transfer occurs, the original data and Content will remain in the Services unless we disclose to you otherwise.

(ii) You agree that you will (A) review and comply with all Third-Party Product or Ancillary Service terms and conditions before you access the Data Transfer Service and (B) not use the Data Transfer Service in any manner that would infringe or violate the rights of Haven or any other party or in furtherance of criminal, fraudulent, or other unlawful activity.  Depending on the Third-Party Product or Ancillary Service you choose, you further agree and acknowledge that your data, including your financial or personal information, may be transferred through the Data Transfer Service to another country where security and privacy controls may not be adequate for data protection.  We do not guarantee that you will be able to use the Data Transfer Service with any specific products or services.  You will only have access to the Data Transfer Services during the period for which you have paid for a subscription.  Third-Party Products may make changes to their websites, with or without notice to us, that may prevent or delay the overall performance of the Data Transfer Service.

8. Not a Financial Planner, Broker, or Tax Advisor. 

NEITHER HAVEN NOR ANY OF THE SERVICES IS INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE.  HAVEN IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR.  The Services are intended only to assist you in your financial organization and decision-making and are broad in scope.  Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation.  Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

9. Notification and Disclaimer. 

Haven will provide you with account-related notifications due to inaction on the account, confirmation of information and reminders to categorize your transactions.  These notifications will be sent to the email address you have provided as your primary email address when you register for Haven.  Anyone with access to your email will be able to view the content of these notifications.  You understand and agree that any notifications provided to you through Haven may be delayed or prevented by a variety of factors.  Haven does its best to provide notifications in a timely manner with accurate information.  However, we neither guarantee the delivery nor the accuracy of the content of any notification.  You also agree that Haven shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you based on reliance on a notification.

10. Apple Requirements. 

If you downloaded the Services from the Apple iTunes Store, then the following apply:

(a) Acknowledgement.  You acknowledge that this Agreement is between you and Haven only, and not with Apple, and Haven, not Apple, is solely responsible for the Services and the content thereof.

(b) Scope of License.  The license granted to you for the Services is a limited, non-transferable license to use the Services on an iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes App Store Terms of Service.

(c) Maintenance and Support.  Haven, and not Apple, is solely responsible for providing any maintenance and support services with respect to the Services.  You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

(d) Warranty.  Haven is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.  In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services in the Apple iTunes App Store to you.  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Haven's sole responsibility, as between Haven and Apple.

(e) Product Claims.  Haven, not Apple, is responsible for addressing any user or third-party claims relating to the Services or the user's possession and/or use of the Services, including, but not limited to:  (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(f) Intellectual Property Rights.  You acknowledge that, in the event of any third-party claim that the Services or your possession and use of the Services infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, and/or discharge of any such intellectual property infringement claim.

(g) Legal Compliance.  You represent and warrant that (i) you 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.

(h) Developer Contact Info.  Direct any questions, complaints or claims to: Business Haven, Inc, 152 E. New York St. Unit 332 Indianapolis, IN 46204.

(i) Third-Party Beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.