By accessing or using www.Havenside.com, or any other websites provided by Havenside Management LLC, Havenside Construction Group, and Havenside LLC, (together, “Havenside,” “we”, “us”, “our”) where this Terms of Use is posted (together, the “Sites”) and/or make use of any of the services provided therein (the “Services”), you consent to the following terms and conditions. We reserve the right to change this information at any time and therefore, we recommend that you review these terms regularly. To learn more about how we collect, use and disclose your information through the Sites, please review our Privacy Policy. Our Privacy Policy is incorporated herein by reference.
1. Ownership
All pages within the Sites and any material available for download are the property of Havenside and/or its subsidiaries or affiliates. The content on the Sites is provided to you without charge as a convenience and for your informational purposes only. The Sites offer educational information only to our organization, its services, and how to retain those services. Any information contained on the Sites which may reference that a certain product or service may benefit those with certain medical conditions and/or physical limitations is not intended to be a substitute for professional advice, medical diagnoses, or treatment. Always seek the advice of your physician if you have any questions regarding a medical condition.
2. Acceptable Use
Havenside hereby grants you a non-exclusive license to use the Sites solely for your personal, non-commercial use. Any unlawful use of the Sites or use inconsistent with these terms and conditions is prohibited and will result in an automatic termination of such license. Such prohibited use shall include, but not be limited to:
- Misrepresentation of the identity of a user or impersonation of any entity
- Using the Sites in a manner constituting fraud or any violation of any applicable law
- Taking any action that causes undue burden on our infrastructure
By submitting a telephone number, email, or other contact information to Havenside, you agree that a representative of Havenside, or a third-party acting on its behalf, can contact you using the information you provide. Your consent is not an obligation to receive any of our Services.
Use of the Sites by an individual under the age of 13 is not permitted. By accepting our terms and conditions through use of the Sites, you confirm that you are either a legal adult over the age of 18 years or under the supervision of a parent or legal guardian who has agreed to be bound by these terms and conditions on your behalf. If you are a parent or legal guardian who has agreed to be bound by these terms and conditions on behalf of a child, you agree to be fully responsible for any potential liability resulting from that child’s use of the Sites.
Pursuant to 47 U.S.C. §230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such control protections is available on the websites GetNetWise and OnGuardOnline. Havenside does not endorse any of the products or services listed on such websites.
3. Product Orders
In the event that you purchase any goods or services from Havenside, a separate contract will govern that transaction. By placing an order, you agree to be held responsible for and pay all charges incurred through the use of your account. Additionally, placing an order constitutes a representation that you have complied with these terms and conditions and that all products will be used in a lawful manner.
If we believe that your conduct violates these terms and conditions or any applicable laws, we reserve the sole right, with or without notice, to limit the availability of any product or service; bar any user from making any transactions; or suspend and/or terminate your account.
4. Copyright
The contents on the Sites are copyrighted and may not be distributed, modified, reproduced or used, in whole or in part without the prior written consent of Havenside. Downloading or printing information from the Sites to a single computer for informational, personal and non-commercial use is permitted as long as all copyright or proprietary information remains intact.
Havenside responds to notices of alleged copyright infringement pursuant to the Digital Millennium Copyright Act (“DMCA”). If you believe that any content infringes upon your copyrights, you may request removal by contacting our compliance department through the information provided at the end of these terms and conditions. You must satisfy all requirements of the DMCA. Havenside reserves the right to disregard a notice that fails to comply with DMCA requirements or is unclear.
5. Website Uptime
We take all reasonable steps so that the Sites are available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. In no event shall Havenside be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from unavailability of the Sites.
The Sites may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.
6. Disclaimer of Warranties
In providing the Sites to you for your convenience and for informational purposes only, you use the Sites at your own risk. Although every effort is made to ensure that the material within the Sites is accurate and timely, we make no warranties or representations as to the accuracy or completeness of the contents, whether the contents are current, or free from changes caused by third-parties. We assume no liability for interruptions, errors, computer viruses or other hazards resulting from your use of the Sites.
7. Indemnification
You agree to indemnify, defend, and hold harmless Havenside, and its affiliates, subsidiaries, parent company, business partners, dealers, insurers and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions or any activity related to accessing the Sites.
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SITES, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.
HAVENSIDE DOES NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION DESCRIBED WITHIN OR DERIVED FROM THE SITES OR SERVICES.
8. Limitation of Liability
YOUR USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD-PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITES OR SERVICES, YOUR RELIANCE ON OR USE OF THE SITES, THE INFORMATION OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
9. Links to Other Websites
As a convenience, we may provide links to other internet websites not managed by Havenside. Havenside makes no representations about websites accessed from the Sites which are not maintained, controlled or created by Havenside and does not endorse any linked websites or the information appearing thereon. Links do not imply that Havenside endorses, is affiliated with, or associated with such linked websites.
Linking to other websites not managed by Havenside does not imply endorsement or credibility of the service, information, or product(s) offered. Havenside assumes no liability related to a user’s use on any linked websites. Your access to and use of these websites, including the information, services or products, is solely at your own risk.
Similarly, if a third-party provides a link to the Sites, it does not necessarily reflect an official relationship with that third-party.
10. Confidentiality
Please be aware that most information transmitted over the Internet is not secure; thus, confidentiality cannot be guaranteed. Information of a confidential, proprietary, privileged, or health related nature should not be sent electronically to Havenside. Protected medical information should never be sent to the Sites.
SMS Terms of Service
By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from Havenside.
- SMS Consent Communication: The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.
- Types of SMS Communications: If you have consented to receive text messages from Havenside, you may receive messages related to the following:
- Appointment reminders
- Follow-up messages
- Billing inquiries
- Promotions or Offers (if applicable)
Example: “Hello, this is a friendly reminder of your upcoming appointment with Havenside at [Location] on [Date] at [Time]. You can reply STOP to opt out of SMS messaging from Havenside at any time.”
- Message Frequency: Message frequency may vary depending on the type of communication. For example, you may receive up to 3 SMS messages per week related to your [appointments/billing, etc.].
Example: “Message frequency may vary. You may receive up to 3 SMS messages per week regarding your appointments or account status.” - Potential Fees for SMS Messaging: Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.
- Opt-In Method: You may opt in to receive SMS messages from Havenside in the following ways:
- By submitting an online form
- By filling out a paper form
- Opt-Out Method: You can opt out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.
- Help: If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at Contact Us.
- Additional Options: If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.
- Standard Messaging Disclosures:
- Message and data rates may apply.
- You can opt out at any time by texting “STOP.”
- For assistance, text “HELP” or visit our Privacy Policy and Terms of Use pages.
- Message frequency may vary
11. Trademark Notice
The Havenside logo is the trademark and service mark of Havenside. All other trademarks, service marks and logos used in this site are the trademarks, service marks or logos of their respective owners. No license is hereby provided to you for the use of any trademarks or brands as a result of your use of the Site and/or the Services.
12. User Conduct
When using the Sites, you shall not post or send to or from either the Sites:
- (a) content for which you have not obtained all necessary consents
- (b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where the Sites are being used
- (c) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting materials to the Sites in breach of this Section.
You shall not use the Sites while distracted or preoccupied, such as when operating a motor vehicle. You should access the Sites only with due regard for your own safety and the safety of others.
13. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
14. Disputes and Governing Law
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The Terms of Use and Privacy Policy are governed by the laws of the Commonwealth of Pennsylvania, United States and controlling United States Federal Law. By accepting these terms and conditions, you agree that any action pertaining to or arising out of these terms and conditions, the Sites, or our Services shall be maintained in state and/or federal courts located in Allegheny County, Pennsylvania.
15. Other Terms
These Terms, together with the Privacy Policy, other terms or legal notices published by us on the Sites, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Sites. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Havenside may make employment information available through the Sites. Havenside is an equal opportunity employer that provides equal opportunity to all qualified individuals, regardless of race, color, religion, sex, national origin, age, veteran status, disability, or any other legally protected characteristic. Our policy applies to all phases of employment.
16. How to Contact Us
If you have any questions about these Terms of Use, or want to obtain more information about Havenside’s privacy practices, you can contact us:
