Terms and Conditions

Last Updated: August 30, 2023

Please read these Terms and Conditions carefully before using the HAWCConsulting.com website (the “Website”) and its services (the “Services”). By accessing or using the Services, you agree to be bound by these Terms and Conditions.

Section 1: ACCEPTANCE OF TERMS AND CONTRACTUAL RELATIONSHIP

Welcome to the terms of service (“Terms”) presented by HAWC Consulting LLC (“we,” “our,” or “us”) and you (“Customer,” “your,” or “User”). These Terms establish a legal relationship between HAWC Consulting LLC and its affiliates and the User. They govern your access and use of our platform and website(s) located at hawcconsulting.com, including all associated internet properties, and downloadable applications (collectively referred to as the “Site”). The Site, Materials, and services provided constitute the “Services.”

By using our Services, you confirm that you are of legal age and have the capacity to enter into a contract. If not, you may not use the Services or provide any information to HAWC Consulting.

If you are agreeing to these Terms on behalf of a business entity, you represent and warrant that you have the necessary authority. If you lack the required authority, you assume personal liability for these Terms.

Section 2: PRIVACY

Refer to our privacy policy (“Privacy Policy”) explaining how we handle your information. The Privacy Policy is integral to this Contract. For California residents, review our California Privacy Notice, and for EEA residents, review our GDPR Privacy Notice before using the Services.

Section 3: MODIFICATIONS AND ADDITIONAL TERMS

(a) Changes to Terms: HAWC Consulting may modify, update, or add provisions to these Terms at any time. The updated Terms will be posted on the Site and be effective immediately. We will seek your consent to changes if required by law. If you disagree with changes, you may stop using the Services.

(b) Changes to Services: HAWC Consulting may change the Services without notice. If you disagree with modifications, cease using the Services. Continued use of the Services will be deemed as acceptance of the changes.

(c) Paid Subscriptions: If subscribed to paid services, and we change the price or services substantially, we will notify you in advance. Changes take effect after your current subscription ends. If you disagree with these changes, and you notify us accordingly, your subscription will not automatically renew.

(d) Executed Contracts: If you have a separate, executed service agreement, it supersedes these Terms.

Section 4: USERS

(a) Visitors: Explore the Site under these Terms but with limited Services.

(b) Registered Users and Accounts: To access specific features, you must become a Registered User. By registering, you confirm you meet the requirements to use the Services under these Terms and applicable laws.

(c) Registration Data: You agree to provide accurate Registration Data. False information may result in Account suspension or termination. Don’t create multiple Accounts. Registering on behalf of others or entities is only permitted if you have the proper authorization. If you register on behalf of others, you affirm that you have the necessary authority. Creating an Account after being previously removed or banned from any of our properties is not allowed.

(d) Account Management: You are responsible for protecting your Account credentials. Notify us of unauthorized use. We may request that you change your username or password for security measures. We may monitor your credentials. Do not include our domain in spam lists to ensure you receive our email communications. 

Section 5: SERVICES

Upon registration, you can subscribe to our range of services at HAWC Consulting. Please note that all Subscriptions to Services are subject to our formal acceptance. Once confirmed and payment received, your service subscription begins. We reserve the right to decline any service for any reason. Access to services may be temporarily interrupted for maintenance. Additional services can be ordered anytime, subject to fees and availability.

As long as you abide by these Terms, you have the right to use the Services. It is important to understand that our Services are licensed to you and not sold.

(a) Limited License: You receive a non-exclusive, non-transferable, limited license to use Services for personal/business use. The Services must not be used for any other purpose.

(b) Restrictions: You must not remove any copyright, trademark, or proprietary notices from the Services. Reproducing, modifying, distributing, selling, or exploiting the Services is strictly `prohibited, except as authorized by HAWC Consulting. Reverse engineering is prohibited, except where allowed by law. Unauthorized linking, mirroring, or activities that disrupt Services’ functionality are not allowed.

Section 6: SUBSCRIPTIONS AND CANCELLATIONS

(a) Subscriptions: Your Subscription begins upon our confirmation and receipt of payment. The initial term is by default one month, unless an annual agreement has been chosen. HAWC Consulting will automatically renew your Subscription for successive terms unless either party terminates it.

(b) Pricing: We reserve the right to change prices for paid Subscriptions with advance notice. Pricing changes take effect after your current subscription term ends.

Stay updated on plan and price changes through our site. Set-up and programming fees are Non-refundable. Invoices may be issued in advance; non-payment may result in suspension or termination of Services.

(c) Automatic Renewal Terms: Subscriptions are billed on an automatic, recurring basis, unless canceled according to our procedure.. 

(d) Cancellation Terms: You may cancel your Subscription at any time. The cancellation becomes effective within 24 hours of completion of our cancellation process. Please note that refunds are based on a pro-rata calculation for the unused days of the then-current Subscription Term. Refunds may not be immediately visible due to the refund process. Please contact us at hawcconsulting@gmail.com for any refund-related questions.

Section 7: PAYMENTS

(a) By using our services you agree to HAWC Consulting using third-party payment providers for billing and processing online payments. For purchased Services requiring payment (“Fees”), you agree to pay applicable Fees, taxes, and reimburse us for collection costs. Setup and special programming fees are non-refundable. Failure to pay may result in suspension.

(b) Services are billed automatically unless you follow our cancellation process. Pay all fees due. Our Subscription may have usage limits. Exceeding limits may incur additional charges and require that you upgrade to a higher usage plan.

(c) During your Service registration, you need to choose a payment method, authorizing us to charge you accordingly. Payment processing by a third party is possible, governed by their terms. Unpaid Fees will render your account past due, incurring interest at 1.5% monthly or the legal maximum.

(d) You must cover all taxes tied to your Service use. HAWC Consulting isn’t responsible for bank fees arising from your transactions. We’ll invoice any underpaid Fees due to taxes, bank charges, etc. You also commit to covering attorney and collection fees for collecting past-due Fees.

(e) In case of cancellation, you understand and agree that HAWC Consulting is not obligated to offer any refunds. Refunds, if issued, will be credited to the original payment method.

(f) Payment failure may result in suspension or termination of your subscription, access to the Services, and/or your Account.

Section 8: TERMINATION

(a) HAWC Consulting reserves the right to terminate your Subscription at its discretion, with or without cause. Termination without Cause involves a written notice provided thirty (30) days before discontinuing the Services. If your Subscription is canceled due to terms outlined in these Terms (excluding Termination without Cause), no prepaid fees shall be refunded, and accrued fees shall remain payable. For cause-based termination, prepaid fees are forfeited and non-refundable. Subscription termination does not release you from paying accrued fees prior to termination.

(b) In addition to the right to terminate your Subscription per these Terms, HAWC Consulting may instantly terminate your Subscription if it deems, solely at its discretion, that you or any end users: (i) breached the AUP and Anti-Spam Policy, (ii) infringed third-party rights, (iii) violated laws, (iv) shared prohibited content, or (v) violated these Terms. HAWC Consulting is not obligated to monitor Your Content or end users’ content. You are solely liable for Your Content.

(c) Termination of your Subscription will end your access to Services and Materials. HAWC Consulting isn’t liable for such termination. Data files may be retained for archival purposes post-termination, but no obligation exists. Early termination charges may apply for Services ending before the billing cycle’s last day.

(d) If either party cancels or terminates your Subscription for any reason, you shall be solely responsible for arranging a replacement service provider and handling the transfer.

(e) HAWC Consulting is not liable for any damages or losses caused by suspension or termination. You may close your Account by contacting us at hawcconsulting@gmail.com. We will proceed to close your Account and send you an email confirmation.

Section 9: THIRD-PARTY SERVICES, SOFTWARE, LINKS, AND LICENSING

(a) Third-Party Services. You can choose to use third-party products, software, or services (“Third-Party Services”) in connection with HAWC Consulting Services. While HAWC Consulting may assist in using Third-Party Services, please note: (i) You’re responsible for obtaining required Third-Party Services; (ii) Additional terms apply to Third-Party Services; (iii) You’ll pay fees directly to the third party; (iv) Installing and maintaining Third-Party Services is your responsibility; and (v) HAWC Consulting isn’t liable for Third-Party Services, and its assistance won’t change this liability disclaimer.

You understand that your compliance with Third-Party Services’ licensing terms in HAWC Consulting Services is solely your responsibility. If you receive compliance obligations from a Third-Party provider, it’s your duty to report and comply. HAWC Consulting won’t monitor your compliance. If a Third-Party provider finds non-compliance, HAWC Consulting may terminate Services or Accounts without advance notice. Customer data may be shared with the Third Party if contractually required.

(b) Third-Party Sites and Links. Services may link to external websites not owned by HAWC Consulting (“Third-Party Sites”). Your use of Third-Party Sites is governed by their privacy policies and terms, not HAWC Consulting’s. You’re bound by Third-Party Site terms and conditions. HAWC Consulting doesn’t verify Third-Party Sites and won’t be responsible for their content, services, or any damages arising from your use.

10. INTELLECTUAL PROPERTY RIGHTS

(a) The Services and associated intellectual property remain the property of HAWC Consulting. You are granted limited rights to use the Services, but not to use HAWC Consulting’s trademarks or logos.

(b) The Services are to be used for lawful purposes only.

(c) HAWC Consulting has rights to use your content for the purpose of providing the Services.

(d) HAWC Consulting provides Materials (software, data, etc.) for the Services and grants you a limited license to use them.

(e) Should we need to involve legal assistance to collect liquidated damages or any owed amount, or to pursue injunctive relief against you, or to file an ICANN complaint for the transfer of a problematic URL from you to us, you agree that you will reimburse us for all incurred fees in these processes. Even small damages might involve substantial legal fees, which you agree to pay.

11. ADDITIONAL PROVISIONS REGARDING THE SERVICES

11.1 Resource Usage: Accounts that stress system resources may be suspended.

11.2 Security: Any breach of Services security is strictly forbidden and may lead to criminal and civil consequences. Unauthorized access to the Servers providing the Site, Services, and/or Materials violates these Terms and the AUP. You agree not to participate in such activities or attempt to breach Servers for hacking, hardware or software manipulation, or any unauthorized use. Should you violate system security, we may share your information with system administrators from other sites for security incident resolution and cooperate with law enforcement investigating cyber threats or network security violations. Such security breaches could result in Account Termination for Cause at our discretion.

11.3 Bandwidth Usage: Your monthly bandwidth allowance is determined by the specific package for which You sign up. If Your account exceeds Your monthly allowance, we reserve the right to modify Subscription fees at the beginning of a new Term based on hosted bandwidth usage.

11.4 Publicity: You provide us with a non-exclusive, royalty-free license to include your name, trademark, and company logo in our customer lists, websites, and marketing materials to show your status as a customer/user. You can decline this by contacting us at hawcconsulting@gmail.com. However, this won’t restrict our use of Company Marks as allowed by applicable law.

12. UPTIME COMMITMENT

HAWC Consulting aims for 100% uptime availability of Our Services. You understand and agree there may be occasional interruptions due to maintenance or unforeseen events. In these instances, we will work to restore service availability as quickly as possible.

13. INTERACTIONS BETWEEN USERS

You hold sole responsibility for your interactions with other Users and parties through the Services. HAWC Consulting may limit your connections and interactions, as well as monitor disputes without obligation. If suspected unlawful activity arises, you’ll cooperate with investigations. HAWC Consulting reserves the right to restrict or suspend your account if deemed necessary.

In case of disputes with other Users, you release HAWC Consulting and its officers, directors, agents, subsidiaries, and employees from claims and damages of all kinds connected to such disputes.

14. NO WARRANTIES

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTIES, WHETHER EXPRESS OR IMPLIED. HAWC CONSULTING DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE, OR ERROR-FREE. ANY INFORMATION OBTAINED FROM THE SERVICES IS AT YOUR DISCRETION AND RISK, WITH RESPONSIBILITY FOR ANY RESULTING DAMAGE OR LOSS.

HAWC CONSULTING LACKS CONTROL OVER THIRD-PARTY SERVICES’ CONTENT, WHICH YOU USE AT YOUR OWN RISK AND SUBJECT TO SEPARATE TERMS. WE MAKE NO WARRANTY ON GOODS/SERVICES OBTAINED THROUGH THE SERVICES OR TRANSACTIONS VIA THE SERVICES. NO ADVICE OR INFORMATION FROM HAWC CONSULTING OR THE SERVICES CREATES WARRANTIES, WHETHER IMPLIED OR OTHERWISE, INCLUDING MARKETING MATERIALS.

15. LIMITATION ON LIABILITY

YOU HAVE SOLE RESPONSIBILITY FOR YOUR CONTENT, ONLINE OPERATIONS, AND BUSINESS CONDUCT. HAWC CONSULTING IS NOT LIABLE FOR DAMAGES ARISING FROM YOUR CONTENT, ONLINE OPERATIONS, BUSINESS, OR FAILURE TO FUNCTION.

THIS APPLIES TO ALL CLAIMS, INCLUDING CONTRACT, TORT, NEGLIGENCE, FRAUD, AND MISREPRESENTATION, BY YOU OR YOUR END USERS.

REGARDLESS OF THE CLAIM TYPE, YOU AGREE THAT HAWC CONSULTING, OUR AFFILIATES, EMPLOYEES, OR OTHER INVOLVED PARTIES WON’T BE LIABLE: (A) FOR DECISIONS BASED ON SERVICES’ INFORMATION; (B) FOR DATA LOSS, SUBSTITUTE PROCUREMENT COSTS; (C) FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR INTERRUPTIONS, EVEN IF ADVISED OF POSSIBILITY; (D) FOR THIRD-PARTY SERVICE USE.

HAWC CONSULTING AND AFFILIATES’ MAXIMUM LIABILITY, REGARDLESS OF CLAIM FORM, IS LIMITED TO YOUR PAST SIX (6) MONTH PAYMENTS TO HAWC CONSULTING PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.

16. CALIFORNIA RELEASE

If you are a California resident, you waive California Civil Code § 1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold HAWC Consulting and its Affiliates harmless from all claims and liabilities, including attorneys’ and experts’ fees, arising from (a) your covenant breaches under these Terms; (b) your use of the Services; (c) any defamatory, libelous, or illegal content within your user content or data; (d) claims that your content, data, or use of Third-Party Services violates third-party rights; (e) third-party access to your content or data; (f) violations of applicable policies (see Sections 9 and 10). HAWC Consulting can choose legal counsel for claim defense. It reserves the right to participate in defense at its expense but isn’t obligated. Settlement of claims or liability requires HAWC Consulting’s written consent.

18. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

(a) APPLICABLE LAW. These Terms and any dispute between you and HAWC Consulting are governed by the Federal Arbitration Act, federal law, and Utah law, excluding conflict of law rules. Claims against HAWC Consulting must be resolved in a Utah or federal court in Utah County, Utah, unless parties agree or as in the Arbitration subsection below. You submit to Utah County’s jurisdiction for such disputes.

(b) DISPUTE RESOLUTION. Prior to arbitration, you must send a written dispute notice (“Notice”) to the other party describing the claim’s nature, relief sought. After Notice, you and HAWC Consulting can attempt informal resolution. If not resolved within 30 days, either may start arbitration.

(c) ARBITRATION. HAWC Consulting may opt for cost-effective binding arbitration, handled by the American Arbitration Association or another alternative dispute resolution provider of its choice. Arbitration rules: (i) by choice, it can be phone, online, or based on written submissions; (ii) no in-person appearance unless both parties agree, location’s Utah County, Utah; (iii) arbitrator’s award may enter a court. Arbitration excludes equitable relief claims. Utah County hosts it, a single arbitrator, knowledgeable in the matter, presides. Party initiating covers costs, except if it’s for debt collection, prevailing party gets fees. Arbitrator cannot award punitive damages, certify a class action, add parties, disregard these Terms, and follows governing law. An oath of neutrality is required. The arbitrator delivers an opinion within 30 days of arbitration’s end.

(d) Waiver of Jury Trial. YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. If litigation arises to enforce an arbitration award, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing for a judge to resolve the dispute.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER

19. EXPORTS

You recognize that software in the Materials might be regulated by U.S. Government agencies, like the U.S. Department of Commerce, which forbids software export to certain countries and parties. You won’t help or partake in any such violation of U.S. laws. You guarantee not to allow unapproved individuals under U.S. laws to access controlled commodities and to follow these regulations.

20. GOVERNMENT RIGHTS

The software components in the Materials have been created with private resources and qualify as “commercial computer software” or “restricted computer software” under the FARs, DFARs, and similar acquisition regulations. This agreement doesn’t: (i) provide any government agency with more rights than statutory or regulatory provisions for privately-funded commercial software, or (ii) limit government rights for government-funded extensions or custom solutions provided here.

21. CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by HAWC Consulting LLC. If you have a question or complaint regarding the Service, please contact HAWC Consulting’s Customer Services at hawcconsulting@gmail.com, Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer

Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700 or online at https://www.dca.ca.gov/consumers/complaints/consumer.shtml.

22. ELECTRONIC COMMUNICATIONS

Your interactions with HAWC Consulting, whether through visiting the HAWC Consulting Site, sending emails, using the Services, or receiving notifications, are conducted electronically. By agreeing to these terms: (1) you consent to receive communications from HAWC Consulting electronically; and (2) you acknowledge that electronic communications fulfill legal requirements for written notifications, including terms, agreements, disclosures, and other communications. Your statutory rights remain unaffected. When an email address is required by HAWC Consulting, it’s your responsibility to provide the current one. If your last provided email address is invalid, HAWC Consulting’s dispatch of the notice via email will still constitute effective communication, with evidence of successful transmission retained. Both parties agree that: (i) sender identification in electronic communication is valid for verifying identity and authenticity; (ii) your electronic communication with user identification is equivalent to a document with a written signature; and (iii) electronic communication or its computer printout is valid evidence of the original document’s validity.

23. GENERAL

These Terms, along with our Privacy Policy, Beta Services Addendum, related notices and policies, Acceptable Use Policy (AUP), any separate Contract directly executed with you, and any Additional Terms accessible through our online platforms, constitute the comprehensive agreement between you and HAWC Consulting regarding your use of our Services. These replace any prior written or spoken agreements concerning the same matters. Our failure to enforce any right or provision in these Terms doesn’t waive that right or provision. If a part of the Terms is deemed unlawful, void, or unenforceable, it will be removed, but the remaining provisions will still be valid. You can’t assign your rights or obligations under these Terms. We may assign these Terms without limitation. HAWC Consulting operates as an independent contractor; nothing in these Terms establishes a partnership, joint venture, or agency relationship between the parties.

Starting when the Services commence and lasting for two (2) years after the Terms end, including after the termination of your account or Services, you agree not to directly or indirectly solicit, hire, contract, or employ any HAWC Consulting employee who worked during these Terms’ duration.

Headings in sections and subsections of these Terms are for convenience only and don’t constitute a part of the agreement. HAWC Consulting shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of God; war, riot, embargoes, acts of civil or military authority, public health emergencies, pandemics, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay HAWC Consulting’s performance.

24. CONTACT US

If you have any questions about these Terms or otherwise need to contact HAWC Consulting for any reason, you can reach us at HAWC Consulting, 976 N 600 W, American Fork, UT 84003, USA, with a copy to hawcconsulting@gmail.com.