Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Introduction and Agreement to Be Bound.

This Website is operated by HAVI Global Solutions LLC (“HAVI Global Solutions”). These Terms and Conditions govern HaviGS.com (the “Website”) and you agree to the Terms and Conditions by using the Website.

Modification of Terms.

HAVI Global Solutions reserves the right to modify these Terms and Conditions at any time. You will be responsible for reviewing and complying with these Terms and Conditions periodically in the event that they are modified.

Privacy Policy.

By using this site and agreeing to the Terms and Conditions, you also consent to the collection, use and disclosure of information as set forth in the HAVI Global Solutions LLC Website Privacy Statement, which you understand may be modified from time to time.

License.

HAVI Global Solutions grants you a limited, revocable, non-exclusive license (i) to access the Website, and (ii) while accessing the Website, to view Materials displayed on the Website for your personal internal business use, and for no other purpose. You are also granted a limited non-exclusive license to print a copy of any portion of the contents of the Website for your personal internal use and no other purpose. Before making copies of downloadable items, you will destroy existing copies of such items in your possession or control. For purposes of these Terms and Conditions, “Materials” means any text, data compilations, photographs, software, data instruction packets, graphics, illustrations, artwork, video, music, sound, and any other contents of the Website.

Intellectual Property

Copyright.

HAVI Global Solutions retains all right, title and interest on behalf of itself and (where applicable) its third party suppliers and/or business partners to Materials. You acknowledge and agree that ownership of Materials resides in HAVI Global Solutions, and agree not to challenge, directly or indirectly, HAVI Global Solutions’ ownership (or that of its suppliers and/or business partners) in and to the Materials. The Materials are protected by copyright and/or other laws in both the United States and elsewhere. *As to McDonald’s Properties/Artwork: ©McDonald’s Corporation * As to The Coca-Cola Company Properties/Artwork: ©The Coca-Cola Company * * As to Disney Properties/Artwork: ©Disney *As to Mattel Properties/Artwork: ©Mattel, Inc. *As to Dreamworks Properties/Artwork: ©Dreamworks *As to Sony Properties/Artwork: ©Sony Corp * As to Donatos Properties/Artwork: ©Donatos *As to Chipotle Properties/Artwork: ©Chipotle * As to Boston Market Properties/Artwork: ©Boston Market * As to Femsa Properties/Artwork: ©Femsa *As to Sanrio Co. Ltd. and Sanrio, Inc. Properties/Artwork: ©Sanrio Co. Ltd. and Sanrio, Inc.

Trademarks.

You acknowledge and agree that any name, logo, trademark, or servicemark contained on this Website is owned or licensed by HAVI Global Solutions or our suppliers and/or business partners and may not be used by you without prior written approval. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of HAVI Global Solutions or such third party that may own the Trademark displayed on this Website. Your use of any of these materials is prohibited unless specifically provided for on this Website. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.

Prohibited Conduct.

Except as permitted under the Terms and Conditions or where a prohibition is contrary to applicable law, copying, storing, displaying, reproducing, distributing, marketing, selling, licensing, sublicensing, publishing or creating derivative works of any Materials is expressly prohibited without the prior written permission from HAVI Global Solutions or the copyright holder identified in the individual contents copyright notice. You agree that the Materials may not be reverse engineered, disassembled, decompiled, or retransmitted in any way through any medium or otherwise translated into any language or computer language. You will not use the Materials or HaviGS.com in any manner that violates the law or the rights of any other person. You agree that you will not use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from this Website or otherwise monitor or copy the Materials. You are expressly prohibited from framing or linking or otherwise using or displaying the Website in such a manner so that it appears to be part of your own or someone else’s website. You shall not deep link to any page on the Company Website or otherwise link in a manner that bypasses the Company Website home page.

Submissions.

Any ideas, copy, proposals, inventions, product and/or service modifications, methodologies, suggestions or similar communications you transmit to the Website by electronic mail or otherwise is, and will be treated as, nonconfidential and nonproprietary. Any such materials becomes the property of HAVI Global Solutions and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, developing, manufacturing and marketing products using such information.

Disclaimer.

The Website and the Materials are provided to you on an “as is” basis, with all faults and without any warranties of any kind, whether express or implied. HAVI Global Solutions and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. HAVI Global Solutions and its suppliers make no warranties to you about or for the accuracy, reliability, completeness, or timeliness of the Website or the Materials or about or for the information systems, software and functions made accessible by or through the Website or the Materials, or about or for any security associated with the transmission of sensitive information. HAVI Global Solutions does not warrant to you that the Website or the Materials will operate error-free, that loss of data will not occur, or that the Materials or the Website servers are free of computer viruses, contaminants or other harmful items. If your use of the Website or the Materials results in the need for servicing or replacing equipment or data, HAVI Global Solutions is not responsible for those costs.

Limitation of Liability.

Your use of the Website and the Materials is at your own risk. Under no circumstances, shall HAVI Global Solutions and/or its suppliers be liable to you for any loss or damages whatsoever, including but not limited to loss or damages for work stoppage or interruption, for liability or injury to third persons, or for economic, incidental, indirect, consequential, special or punitive damages (including but not limited to any damages for any loss of business, data, goodwill, profits, savings, or software) resulting in any way from your or any other person’s use or inability to use the Website or the materials, whether based on warranty, contract, tort, or any other legal theory, and whether or not HAVI Global Solutions is advised of the possibility of such damages.

Third Party Sites.

The Website may contain links to third party websites, but such links are provided solely as a convenience to you. HAVI Global Solutions is not responsible for the content of linked third-party sites and does not endorse, support, or make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party websites, you do so at your own risk.

Indemnification.

You agree to defend, indemnify, and hold harmless HAVI Global Solutions, its parents, affiliates and subsidiaries and their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your negligence, unauthorized use of the Materials or from your breach of the Terms and Conditions.

Dispute Resolution.

The Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of Illinois without regard to the conflicts of laws principles thereof. In the event of litigation, the parties agree to submit irrevocably to the state and federal courts located in Cook or Du Page County, Illinois and to raise no objections to the venue of such courts. The parties agree that in the event of any suit or proceeding brought by one party against the other, the party prevailing therein shall be entitled to payment from the other party hereto of its reasonable attorney’s fees.

Severability.

If any provision of the Terms and Conditions is found to be invalid by any court or tribunal having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.

Waiver.

No waiver of any term of the Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.

Assignment.

HAVI Global Solutions may assign its rights and duties under the Terms and Conditions to any party without notice to you. Your rights and duties under the Terms and Conditions are not assignable by you without consent of HAVI Global Solutions.

Termination.

HAVI Global Solutions may terminate your use or rights to access to any or all portions of the Website and the Materials for any reason at all. Any section of these Terms and Conditions which by its terms and nature indicate that it survives termination shall survive termination.