This App is rated 17+ due to the fact that it may contain instances of content that may not be suitable for children under the age of 17 including but not limited to: unrestricted web access, such as with an embedded browser or third party links and frequent or intense references to alcohol, tobacco, or drug use. In order to use, access, view or create an account on Course you must be at least 17 years of age.
-THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL HAWSER LLC.'S PRODUCTS AND SERVICES INCLUDING BUT NOT LIMITED TO THE COURSE APP PERSONAL RESTAURANT GUIDE HEREIN REFERRED TO AS: "COURSE", THE COURSE APP", "APP", "SERVICE", "SOFTWARE", "SITE", "PLATFORM" "PROGRESSIVE WEB APP", "PWA", "WEBSITE" OR ANY EXTENSION THEREOF REFERENCED AT, AMONG OTHER PLACES, THECOURSEAPP.COM. AND HAWSER APP HEREIN REFERRED TO AS “HAWSER”, “HAWSER APP”, “PERSONAL MEDIA” OR “HAWSERAPP”.
ANY AND ALL USERS OF THE APP, SERVICES OR NETWORK(S), INCLUDING THOSE WHO ACCESS THE NETWORK INTENTIONALLY, UNINTENTIONALLY OR INADVERTENTLY SHALL NOT ATTEMPT TO SHARE, LAY CLAIM, ACCESS, SCRAPE, CORRUPT, INSTALL VIRUSES OR INFRINGE UPON ANY RIGHTS, PENDING RIGHTS OR RIGHTS THAT MAY BE OTHERWISE REASONABLY BE PURSUED BY OUR CUSTOMERS / MEMBERS OR BY HAWSER LLC, OUR OFFICERS, AFFILIATES OR ANY OTHER OWNERS OR LICENCES OF ANY SOFTWARE, DESIGN, PROFILE PAGES, METHODS OR PRACTICES UTILIZED ON THE NETWORK AND MARKETED AS OR IN ASSOCIATION WITH HAWSER LLC, COURSE, THECOURSEAPP, HAWSER, HAWSER APP OR HAWSER PERSONAL MEDIA NOR SHALL YOU SEEK TO ALTER, ACCESS, CORRUPT, INSTALL MALICIOUS SPYWARE, BUGS OR VIRUSES OR SEEK RIGHTS, OWNERSHIP OR LICENSING OF ANY KIND TO OR RELATED TO HAWSER LLC., OUR MEMBERS’ CONFIDENTIAL INFORMATION, OUR OWN INTELLECTUAL PROPERTY OR ANY PROPRIETARY RIGHTS TO PROPERTY INCLUDING BUT NOT LIMITED TO: SOFTWARE, METHODS, DESIGN, STYLIZATION, NAME, SIMILAR NAME(S), AND OPERATIONS UNLESS EXPLICITLY AUTHORIZED BY HAWSER LLC.. FAILURE FOR HAWSER LLC. TO ENFORCE THIS OR ANY OTHER TERM OR PROVISION CONTAINED HEREIN SHALL IN NO WAY CONSTITUTE A WAIVER OF RIGHTS TO ENFORCE, UPHOLD, LITIGATE, FILE CLAIM AGAINST OR PROSECUTE THOSE WHO VIOLATE THE TERMS OF THIS AGREEMENT NOR SHALL IT BE INTERPRETED AS LIMITING WITH REGARD TO THE REMEDY SOUGHT IN THE ENFORCEMENT OF THESE OR ANY OTHER TERMS OR BREACH OR VIOLATION OF THIS OR ANY OTHER TERM(S) OR PROVISION(S) AT ANY FUTURE TIME.
Hawser, LLC., its affiliates and partners provide the services to you (herein referred to as: "you", "your", "Party", "Parties", "Member", "Customer", "Affiliate", "User", "Individual", "Organization" or "Group") means any person using any application, website or service in association with Hawser LLC.) subject to the following conditions:
By logging into, viewing or sharing information associated with: COURSE, Hawser, Hawser App or any other service or software provided by Hawser or creating an account, checking an “I Agree” consent box on any registration or purchase page or using Hawser affiliates’ websites, applications or services (collectively the "Service"), you accept these terms and conditions which may be unilaterally modified. Material changes shall be accessed here or via the new Terms of Service link on the respective site(s). Please read them carefully and review them regularly.
Acceptance to the Hawser network, registration for the COURSE app/service or issuance of the Hawser Certified Nonprofit designation is "at-will" or "revocable for any reason" and the revocation or cancellation of such shall not constitute any loss, defamation, slander, review, judgement or opinion of those associated individuals or organizations that either do not receive a desired level of access or designation or that do not maintain that designation or access.
These Terms of Service (“Terms”) govern your access to and use of our Services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, logos, assemblage of fonts, name, commerce services, methods and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing or accessible in association with the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the code or actual Services in any way or to any degree, you agree to be bound by these Terms.1. PERSONAL INFORMATION
In the course of using the Services (including a Hosted Application), we may ask you to provide us with certain personally identifiable information (“Personal Information” or “Contact Information”) or install cookies on your device in order to verify and store data related to you and your online activity including but not limited to: location, photos, device and identify or the identity of your account administrator. Personal Information may include, but is not limited to: your name, phone number, credit card or other billing information, email address and home or business postal addresses.
We also collect other information that you provide OR THAT IS PUBLICLY AVAILABLE as part of registration and the administration and personalization of the Services without limitation(i.e., zip code (on its own), reviews, ratings, answers to questions or quizzes and individual preferences). While this information may be considered personal in nature it, in no way identifies you personally or is used for advertising targeting or re-targeting without your consent but merely serves to provide general usage information to Hawser LLC. and our affiliates (“Non-Identifying Information”). We will not seek to sell, leverage, trade, sell or otherwise compromise your personally identifying information or profit by any outside third party.
We may use your Personal Information in some cases in conjunction with your Non-Identifying Information to provide the Services, complete your transactions, administer your inquiries, improve our Services and offer complementary services in the future and as is further explained below. There may be additional services, add-on functionality or programs made available to you by the Company or an affiliate that requires waiving your rights to this privacy in order to opt in as is expected to be the case with the "social discovery" feature planned for the 2.0 version of Course.
Certain Non-Identifying Information may be considered part of your Personal Information if it were combined with other individual personal identifiers (for example: credit card or bank account information, your street address, your name, etc..) in a way that enables you to be individually identified. We will not combine, share or sell such combinations of information however, such pieces of information shall be considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (for example, a member’s viewing preferences and menu choices).
We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Hawser LLC. Members to attempt to provide you and other subscribers / Members with a better experience, to improve the quality and value of the Services and to analyze and understand how our Site and Services are being used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a recommendation, enable you to send messages to other Members or other functionality according to your preferences or our available features.
If you decide at any time that you no longer wish to receive such communications from us, you may update your "Profile", “Account Preferences”, “Settings” configuration or "Manage Your Subscription" or discontinue using the service(s) at any time. Cancelling your account via in-application functions or by directly communicating with Hawser; some or all of your account information may be permanently deleted or unrecoverable upon termination of your account / subscription. Additionally, you understand and agree that some data generated or saved by your activity on the app or website may not be completely deleted and Hawser may retain data accessed, provided or generated due to your use of the services for legal or tax reporting purposes or to maintain the integrity of recommendations and rating based on your compatibility with currently active or future members.
Hawser will store personal data until account is deleted. At that point, personal data will be scheduled for deletion within ninety (90) days or upon the Company's earliest convenience. Some data may not be deletable, such as content sent that has been received or shared with other members or third parties by your own action or transaction history as required by law, the Internal Revenue Service or financial institutions. Some activity may contain minimally personal data (e.g., user name, photos, or a likeness or avatar) .
When you use the Services, our servers automatically record information that your browser sends whenever you visit a website or online service (“Log Data” or "cookie"). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site or areas of the software that you access, the time spent on individual pages or areas, information you search for or filters used while on our Site, access times and dates and other statistics. We use this information to monitor and analyze use of the Site and the Services and for the Site’s technical administration, to increase our Site’s functionality or improve user-friendliness and to better tailor it to our members’ individual preferences or needs. For example, some of this information is collected so that when you visit the Site again, it will recognize you and serve to better inform our members, third party sponsors, prospective members, nonprofits and prospective third party sponsors as to Hawser’s effectiveness or general user activity.2. COOKIES
We do not and will not, at any time, directly request your credit card information, your account ID, login password, or national tax identification number(s) in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.4. BUSINESS TRANSFER
All registered users may review, update, correct or delete their personal information in their registration profile under "Profile" or “Settings”. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your record in our system, please contact us with a request for us to delete your account or personal information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.6. SECURITY
Hawser is very concerned with safeguarding your information. We employ certain physical, technological and administrative security measures but they may not be reasonable or applicable by your specific needs, extenuating circumstances or particular requirements under the circumstances in any case, no security measures can be guaranteed to protect your data.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data (as defined in applicable state or federal statutes on security breach notification) to you via email or conspicuous posting on the respective site(s) in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Members may not attempt to circumvent Member authentication or security of any host, network, or account (also known as "cracking"). This includes, but is not limited to accessing data not intended for the Member, logging into a server or account the Member is not expressly authorized to access, or probing the security of other networks or accounts. Members may not attempt to interfere with service to any Member, host, or network ("denial of service attacks"). This includes, but is not limited to "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Members may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a Member's account or terminal session, via any means, locally or by the Internet.
Members who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Members understand that there are certain security risks by utilizing any network or software. We make no representations or guarantees regarding the security of our software, network or Member account. We recommend the use of personal firewall software and a VPN client to attach to public or private networks.7. INTERNATIONAL USERS
Our Services may contain links to other websites. If you choose to click on another third party link, you will be directed to that third party’s website. The fact that we may link to a website, present a banner ad, certification or other type of identifier(s), labels, advertisement or promotion is not an endorsement, authorization or representation of our affiliation with any third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over any account holders, third parties or third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the account holders with whom you connect, nonprofits you decide to support or other websites you visit.9. ACCESS BY CHILDREN
In compliance with “COPPA”, the Site and Services are not directed to children under 13. In fact, we do not knowingly collect personally identifiable information from children under 17. If a parent or guardian becomes aware that his or her child has accessed any site, software or application affiliated with or offered by Hawser LLC., created an account or provided us with personal information without their parent or guardian's consent, he or she should contact us immediately. If we believe, suspect or become aware that a child under 13 has provided us with personal information or created an account on COURSE, HawserApp or any of our affiliated sites and or services, we will exercise every effort within the boundaries of the law to suspend, delete permanently or otherwise remove their account and any/all related information from the network.
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, crowdsourcing, categorizing, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Any conduct including providing access, funds, personal information or any other data to other account holders or outside third-party web sites or applications is at each users' own risk…for example, if someone posts a link to a GoFundMe or similar site or page that is found to be fraudulent or misrepresenting in any way, we are not responsible and you agree to hold the company completely non-liable.10. ELECTRONIC COMMUNICATIONS
When you visit Course, Hawser, thecourseapp.com, hawser.org or any of our affiliate sites, send emails to us or communicate via any of the Hawser services including but not limited to: Hawser App, COURSE or any other service or contemplated service, you are communicating with us and potentially other members electronically. Using the app or Services as defined herein shall be construed as your consent to receive communications, push notifications or in-app advertisements including native ads and interstitial ads from us, our sponsors, vendors, associates, affiliates or partners and other members in the form of messages, push notifications or other electronic alerts. We and other members will communicate with you by email, notifications or by otherwise sharing data or posting notices on the respective service portals, websites, apps, etc... You agree that these and all agreements, notices, notifications, disclosures and other communications that we provide or make accessible to to you electronically satisfy any and all legal requirement(s).11. SMS COMMUNICATIONS
When you opt-in to the service, we may send you an SMS, email or similar electronic message to confirm your signup / account creation and ask you to confirm your account.
You can request the SMS, email or similar communication service STOP at any time. Just text "STOP" to the sender, select ‘unsubscribe’ or contact us directly via the ‘Contact Us’ page on our website. After you send the message "STOP" to us, we may send you a message to confirm that you have been unsubscribed. After this, you should no longer receive messages from us. If you want to join again, just sign up as you did the first time and we may start sending messages to you again.
As always, message, data rates, credit card fees, transaction charges or processing fees may apply for any use of any of our services, surfing, transactions or messages sent to users through us, to you from us, from other members to you and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
For all questions about the services provided by this short code, you can send an email to : support@Hawser.org or via the Contact page on our website(s).12. COPYRIGHT
No one can take our images, likenesses or data and share it without responsibility. All Hawser content, titles, graphics, logos, button icons, images, architecture, code, design, combination of any two or more elements and software as well as those produced by or presented by or in association with Hawser LLC. are the copyrighted material of Hawser, Inc., its affiliates or its licensors and you agree not to download (other than page caching) or modify them, or any portion of them nor lay claim to any or present as your own. The compilation of all content, regardless of it’s origin, is either created by, owned exclusively by or submitted to Hawser and as such, shall be considered the exclusive property of Hawser LLC., and is protected by both U.S. and international copyright laws. Reproduction, republication or distribution of any material from the services, app or website with the exception of sharing with clear and obvious citation is strictly prohibited, except that you may, for personal and non-commercial use only, make a single hard copy of your own donations, receipts, coupons, promotions or records of financial transactions for your personal records.
We assume you are the creator or originator of any and all material, data, artwork or any other content intentionally or unintentionally uploaded to, through or in association with one of Hawser’s networks, Services or software and waive any and all rights to said information once transmitted. Hawser shall assume no liability for your actions related or unrelated to your activity on our Site / Service.13. TRADEMARKS
The Hawser & COURSE: name, logo, buttons, icons, three segments of rope, dinner plate with compass rose in the center and all related logos, products, likenesses, representations, artwork or services described in this website and used in association with these respective types of services including but not limited to those of the COURSE app are trademarks, service marks or the intellectual property of Hawser LLC. A Pennsylvania Public Benefit Company. All other service marks, trademarks, likenesses, representations and artwork that appear on our websites, apps or other services that are not owned by Hawser LLC., or its affiliates, are or should be assumed the property of their respective owners or those individuals or entities who are, can or have claimed first use.14. LICENSE AND SITE ACCESS
Hawser LLC. grants you a limited license to access and make personal use of their services for a limited time in order to conduct various activities and functions including but not limited to: saving data, compiling data, viewing data, communicating with other members, sharing information across other social networks and transfering funds to or through Hawser LLC. or our payment processor(s) for the disbursement to specified Hawser certified nonprofits (i.e., donations). You may also be able to use specific respective services to obtain information about your own activity, the activity of other members, the balance of donations to various member certified nonprofits or to review your individual activity, messages or history made through our platforms including but not limited to our transaction platform(s). Individual charities or nonprofits will provide you with an actual receipt in the event you elect to receive one and have not elected to hide, encrypt or alter your personal contact information or to activate any anonymity feature on any of the Hawser networks or services including but not limited to HawserApp and the COURSE app. “Certified Nonprofits” shall mean any authorized 501(c)(3) which has been approved by Hawser’s Authentication Process. The background checks we conduct on organizations identified as “certified nonprofit” for which we facilitate donations / contributions of money and or time are merely to serve as an additional layer of protection for our customers / members and in no way should be misconstrued as or constitute a "guarantee" of any kind.
You acknowledge and agree that we shall not be held responsible or liable for the accuracy of this or any other information, action or inaction. The content is electronically provided to you or Hawser’s services and in the case of making donations - from the charity or nonprofit themselves, their affiliate or third parties software systems employed and therefore the accuracy of the content is outside of our control. Hawser shall not be responsible for any loss or damages caused or alleged to have been caused by the use of or reliance on any content or claim. The service(s) is/are intended to be used by adults who can communicate independently and purchase with a debit card, credit card, bank account, PayPal account, Venmo, Square, mobile wallet or other means of electronic funds transfer. If you are under 18, you may use this service and related services only with involvement of a parent or guardian. You are responsible for protecting the confidentiality of your own personal identification including but not limited to password(s), and should not permit any other person to use your password(s). You hereby agree to hold Hawser LLC., its agents, affiliates, employees, officers, agents, members and assigns completely non-liable and harmless for any activity in or as a result of your account, including but not limited to authorized or unauthorized charges to your debit or credit card or other payment method or issuing bank via the service or disputes between you and any member, charity, restaurant, nonprofit, payment processor or money transmitter. Hawser LLC reserves the right to refuse service, terminate third party affiliates, or cancel transactions, accounts or memberships according to our discretion.15. PAYMENTS
The background checks, security safeguards or precautions taken or conducted on those individuals or organizations for which we facilitate: payments, donations / contributions of: money, time, feedback, preferences or history, as is possible in the Hawser App and on the COURSE App , are steps taken to serve merely as an additional layer of protection for our users and in no way should be misconstrued as or constitute a "guarantee" of any kind.
Some users on certain platforms / services may have the ability to transfer funds or messages / data directly to other members / users of the Service(s) including “Certified Nonprofits” (“Certified Nonprofits” shall mean any authorized 501(c)(3) which has been approved by Hawser’s independent authentication process) at their own risk and for the purpose of any user's, including any specified Hawser Certified Nonprofit’s, discretionary use or for items made available by using a debit card, credit card, checking account, mobile wallet, Venmo, Pay Pal or any other acceptable form of electronic payment or funds transfer (Please see “Forms of Payment” under FAQs for the most recent list of acceptable payment methods).
Payment services providers, processors or transmitters including but not limited to: credit / debit card providers, financial institutions or electronic funds providers may have imposed fees or a minimum or maximum amount which can be charged and or withdrawn from your account. Only certified nonprofits, charities or nonprofits receive the full remaining amount of your fund transfer through Hawser. Both member nonprofits/charities and individual members (i.e, “donors”) hereby waive any and all right to any benefit earned or awarded to Hawser, Inc or their affiliates including but not limited to interest earned on any transacted/donated funds held prior to disbursement to the intended authorized and approved 501(c)(3) organization(s) with active Hawser account(s).
Donation Payments on the HAwser App are processed instantly and distributed promptly but may be held in escrow for an average of ninety (90) days prior to using a third party money transmitter service for distribution to the charity or nonprofit you specify should Hawser’s association with Braintree or PayPal be interrupted or terminated for any reason. Funds shall be used at the charity’s/nonprofit’s sole discretion and information sent to or for them shall be subject to their own respective privacy policies, mission statements, intended purposes and terms of service.
Hawser LLC. is not responsible for lost, misdirected funds in the event the network or individual users' connection or Hawser's access to a processor, transmitter or organization's established transaction or gateway is interrupted for any reason.
We strongly recommend that you review any and all information regarding the intended recipient of any payment including the contribution of funds or time / volunteering (whether through the Hawser network or by any other method) including but not limited to their publicly available 501(c)(3) status, 501(c)(3)’s tax filings and annual reports. However, we make no representations or warranties regarding the amount of time needed to complete transactions, processing or how the transacted funds are used once they are distributed. A number of factors, such as delays in the banking system, electronic funds transfer systems or individual nonprofit/charity policies, are outside our control and will affect when the funds are received by your selected nonprofit/charity. Use of prepayments or regularly scheduled payments / donations to nonprofits or charities of your choosing is governed exclusively by your agreement or arrangement with that particular nonprofit or charity and we are not responsible for the organization’s handling or mishandling of your prepayments after the organization receives the funds from or through the Service, including, but not limited to, any failure by a member or nonprofit organization to record, apply or refund a payment made by you via the Service.16. REFUNDS
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE AND AGREE NOT TO USE THE SERVICE AND CANCEL ANY EXISTING MEMBERSHIP VIA YOUR SMARTPHONE AND PROCESSES OUTLINED IN THE FAQ SECTION. NO REFUNDS ARE ISSUED FOR ANY UNUSED PORTION OF ANY CANCELLED PLAN, MEMBERSHIP OR SUBSCRIPTION TO THE SERVICE REGARDLESS OF THE LENGTH OF TIME OR TIME PERIOD PRIOR TO CANCELLATION INCLUDING BUT NOT LIMITED TO CANCELLED: MONTHLY, ANNUAL OR LIFETIME MEMBERSHIPS OR SUBSCRIPTIONS. A FREEMIUM VERSION OF COURSE MAY BE MADE AVAILABLE ON THE Google PlayStore OR ON Apple’s AppStore HOWEVER, THE COMPANY IS UNDER NO OBLIGATION AND NO PART OF THIS AGREEMENT SHALL CONSTITUTE OR BE CONSTRUED AS AN OBLIGATION OF THE COMPANY TO MAINTAIN, MONITOR OR PROVIDE CONTINUOUS UNINTERRUPTED ACCESS FOR ANY PARTY TO ANY FREEMIUM VERSION OR ANY OTHER VERSION, MEMBERSHIP OR SUBSCRIPTION PAID OR UNPAID.MEMBERSHIP CANCELLATION BY YOU OR THE COMPANY MAY RESULT IN THE LOSS OF ANY PRE-PAYMENT FOR SOME PORTION OR ALL OF YOUR MEMBERSHIP AS WE DO NOT ISSUE ANY REFUNDS, CREDITS OR PRORATIONS FOR MEMBERS IN VIOLATION OF TERMS OF SERVICE OR MEMBERSHIPS OR SUBSCRIPTIONS PURCHASED AT A DISCOUNT OR CANCELLED PRIOR TO THE PURCHASED TERM'S EXPIRATION.
FURTHERMORE, IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED HEREIN OR ARE FOUND, BY THE COMPANY, TO BE IN VIOLATION OF ANY OF THE TERMS STATED HEREIN. THE COMPANY IS UNDER NO OBLIGATION TO PROVIDE YOU WITH THE SERVICE OR SOFTWARE WITHOUT INTERRUPTION, ERRORS OR OMISSIONS AND ANY FAILURE TO PROVIDE SUCH ACCESS OR TO CANCEL MEMBERSHIP UPON DISCOVERY OF A VIOLATION OR BREACH OF THESE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF ANY KIND AT THE TIME OR IN PERPETUITY TO CANCEL MEMBERSHIPS OR EXERCISE ANY LEGAL REMEDY AVAILABLE TO THE COMPANY.
If you are not satisfied with any action, activity or transaction including but not limited to subscriptions, donations, private label merchandise purchases, add-on service, in-app purchases, upgrades or marketing materials purchased in connection with or through the service(s), you agree to resolve the issue directly with THE COMPANY or, in the case of donations, directly with the respective nonprofit organization, method of payment used or charity whose licensed product you purchased or supported via Hawser LLC. or its affiliates who may issue refunds when those refunds do not pose a conflict with or additional cost to the disruption of our site, service or banking agreements but Hawser LLC and it’s affiliates are not responsible for refunds or liable for refunds.
In exchange for nominal one time purchase price, recurring fees, monthly or annual subscription fees for our services, you acknowledge and accept that Hawser LLC. and their affiliates’ non-negotiable “NO REFUND” policy for payments made for any and all services whether rendered or not rendered and you unequivocally agree to hold Hawser LLC. and their affiliates, agents, partners, stockholders, managers and assigns completely non-liable in perpetuity for any and all related or unrelated claim(s) including but not limited to those related to specific performance, unintentional negligence, errors and omissions.
If you would like a refund of any kind from Hawser, your chosen nonprofit or charity, less any processing fees, you may contact Hawser via the “CONTACT US” link(s) or the nonprofit or the respective charity either through the service or directly, whichever you prefer. Refund policies for third parties may vary from one organization to another and Hawser’s refund policy may be unilaterally amended on a case by case scenario and at the ultimate and sole discretion of Hawser LLC..17. PROGRAM FEE OR MEMBERSHIP FEE
WHEN APPLICABLE, banking institutions, credit card issuers, electronic fund accounts, payment processors or transmitters, etc... may require transaction fees, processing fees or membership fees for your use of their service. You may not seek reimbursement from Hawser or it's affiliates for any such additional cost. Similarly, Hawser LLC may not apply any additional transaction, processing or administrative fees to or from the fund transfers made through us for ayn intended recipient of services or funds including any federally certified 501(c)(3) in good standing with Hawser LLc or third parties Hawser may rely upon for evaluation.
If you or Hawser LLC is/are required to pay a program, membership, transaction, transmitter or processing fee; any related transaction, charge or purchase may be reduced by such fee as required for each payment transaction made using that third party service but Hawser's willingness or unwillingness to waive any or all portions of fees, costs or other financial obligations on any occasion or for any period of time shall not indenture or obligate them in any way to do again in the future. 18. LINKS TO THIRD PARTY WEBSITES
Hawser may showcase, display or otherwise disseminate links or stored information related to or coming directly from other third party: businesses, internet websites, applications or resources. We may neither control, endorse or guarantee in any way such third parties, their products, services, websites, applications, search engines, employees, officers, assets or resources nor have we reviewed or approved any content that may appear on such other sites. You acknowledge and agree that we shall not be held responsible for the legality, quality, safety, authenticity, accuracy, availability or inappropriate nature of any content, products, services, or information discovered, shared, viewed or located on or through any of our databases, websites, apps, services or other third party websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.19. LIMITED LIABILITY; DISCLAIMER OF WARRANTYYOU HEREBY AGREE NOT TO RAISE OR FILE OR MAKE ANY CLAIM(S) AGAINST THE COMPANY ARISING FROM YOUR USE OF OR ACCESS TO THE SERVICES. ADDITIONALLY, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HAWSER LLC AND ANY OF IT'S PARTNERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR ASSIGNS WITH RESPECT TO NOT ONLY YOUR OWN ACTIVITY BUT TO ANY AND ALL CLAIMS MADE BY THIRD PARTIES ARISING OUT OF THEIR USE OF / ACCESS TO OR YOUR USE OF / ACCESS TO THE SERVICES, REGARDLESS OF THE NATURE OF THE CLAIM, AND INCLUDING THE NEGLIGENCE, ERRORS OR OMISSIONS OF ANY PARTY, EXCERPTING THE GROSS NEGLIGENCE OR INTENTIONAL CRIMINAL ACTS OF THE COMPANY
. THE SERVICE(S) IS/ARE PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. HAWSER, LLC, AND ITS AFFILIATES, AGENTS, ASSIGNS, EMPLOYEES AND PARTNERS MAKE NO WARRANTY AND DISCLAIM ALL LIABILITY THAT THE SERVICE(S) WILL BE UNINTERRUPTED, AVAILABLE, ERROR FREE OR FREE FROM ERROR, VIRUSES OR OTHER DEFECTS OR HARMFUL COMPONENTS NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE(S) OR TO THE ACCURACY, RELIABILITY, SECURITY, APPROPRIATENESS, EXPLICITNESS, PROFANE NATURE OF, LIBEL OR OTHERWISE DEFAMATORY NATURE OF OR GENERAL CONTENT OF ANY INFORMATION PROVIDED OR SHARED THROUGH THE SERVICE. ADDITIONALLY, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, ACCESSIBILITY, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT THE USE OF THIS SERVICE IS AT YOUR SOLE RISK.
HAWSER MAY PROVIDE PERSONAL MEDIA MESSAGING SERVICES AND CONVENIENT ALTERNATIVE PAYMENT METHODOLOGY AND COURSE AS A PERSONAL RECOMMENDATION SERVICE BUT NEITHER IS AND NONE ARE THE ONLY WAY TO COMMUNICATE, STORE INFORMATION, TRANSMIT INFORMATION, DISCOVER RESOURCES, OR MAKE PAYMENTS TO ANOTHER PARTY INCLUDING NONPROFITS, RESTAURANTS, RETAIL ESTABLISHMENTS, LODGING ACCOMODATIONS OR SERVICES OR CHARITIES. IN THE EVENT ANY SERVICES ARE NOT AVAILABLE AT ANY TIME FOR ANY REASON YOU ARE ADVISED AND ENCOURAGED TO SEEK ALTERNATIVE MEANS FOR CONDUCTING DESIRED ACTIVITIES. HAWSER LLC IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF ANY FAILURE BY ANY MEMBER / USER INCLUDING INDIVIDUALS, GROUPS, RESTAURANTS, NONPROFITS OR CHARITIES TO ISSUE OR REDEEM ANY OFFER, RECEIVE ANY PAYMENT OR USE IT ANY SUBMITTED DATA, FUNDS OR INFORMATION RESPONSIBLY AND IN A WAY CONSISTENT WITH OUR OR THEIR OWN STATED MISSION OR GOALS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY CLAIMS, ALLEGATIONS, LOSSES, ACTIONS, DAMAGES POTENTIAL INJURY OR PERCEIVED INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE SERVICE(S), ERRORS, OMISSIONS, INACCURACIES, INTERRUPTIONS, DEFECTS, DELAYS OR INTERRUPTIONS IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURES, SECURITY BREACHES, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE / MISUSE OF SERVICE(S), CONTINUATION OF SERVICES OR INFORMATION PROVISION. IN NO EVENT SHALL HAWSER LLC, OR IT'S PARTNERS, AFFILIATES, AGENTS, ASSIGNS, MANAGERS, SHAREHOLDERS, VENDORS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY OF THE AFOREMENTIONED OR FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. WE KNOW IT’S A LOT OF INFORMATION HERE BUT IT’S A LITIGIOUS WORLD WE LIVE IN AND WE HAVE TO COVER OUR BUTTS SINCE, FAR TOO OFTEN, NO GOOD DEED GOES UNPUNISHED AND NO GOOD LAWYER GOES UNPAID.20. TERMINATION
You may terminate your Membership at any time by DISCONTINUING USE OF THE SERVICE(S) via your membership account(s) by canceling you subscription(s) via the Manage Membership function in the app or via the subscription management function on your smartphone whichever is more accessible or operable. Hawser LLC. may immediately limit or terminate both functionality within the app as well as this Agreement, any part of it or any membership for any reason whatsoever and without notice. Additionally, Hawser may terminate any membership or restrict access to any and all related sites or software including our affiliates', partners' or vendors' sites or services upon your or our termination of subscription or account including memberships, subscription or access by independent members, enterprise members, restaurants, bulk accounts, certified nonprofits or those in the process of obtaining certified nonprofit status at any time without notice and for any reason, including, but not limited to, if you or any authorized or unauthorized user of your account engage in any conduct which we, in our sole discretion, consider to be inappropriate, unacceptable, profane, offensive, dangerous, threatening to any party, group or class of individuals or if you breach this or any other Agreement with Hawser LLC.21. APPLICABLE LAW
This Agreement and other agreements, policies and any operating rules posted here or elsewhere with regard to the Service(s) and Company constitute the entire agreement between you and Hawser LLC. with respect to the use of the service(s) and supersedes all previous written or oral agreements by and between the parties with respect to such subject matter.
Hawser LLC., reserves the right at any time to change, add or delete any aspect or feature of the service(s) rendered or not rendered planned or available for any individual user or all users collectively and the terms and conditions thereof unilaterally, including but not limited to, respective listing, membership or processing fees. We will provide notice of any such change by posting a notice to a related website, within the application itself or as otherwise required by law. Any use of the service(s) by you after such notice shall be deemed to constitute acceptance by you of such changes. Any waiver of our rights must be in writing, signed by us and clearly and specifically articulate that such agreement “constitutes a waiver of rights”. Should any provision of this Agreement be held invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
If any term, clause, or portion of a clause, in this Agreement is considered invalid or non-binding under the rule of applicable law, it shall be regarded as stricken and the remainder of the Agreement and every other clause and term herein that is determined to be binding and valid shall remain in full force and effect and those invalid or unenforceable terms or clauses or portions of clauses shall not have any impact on the other terms or clauses or portions of clauses in this Agreement.
Last Updated March 25, 2021