Terms of Service

Agreement to Our Legal Terms

We are HABU, a trade name of CYE Consult ("Company," "we," "us," "our"). We operate gethabu.com, as well as any other related products and services that refer or link to these legal terms (collectively, the "Services"). You can contact us by email at dan@athenamhc.com.

These Legal Terms constitute a legally binding agreement between you and HABU concerning your access to and use of the Services. By accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right to make changes to these Legal Terms at any time. We will alert you about changes by updating the "Last updated" date. Your continued use of the Services after such date constitutes acceptance of the revised terms.

1. Our Services

The information provided through the Services is not intended for distribution or use in any jurisdiction where such use would be contrary to law or regulation. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

2. Intellectual Property Rights

We own or are licensed to use all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws worldwide. The Content and Marks are provided "AS IS" for your personal, non-commercial use or internal business purpose only.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services solely for your personal, non-commercial use or internal business purpose. No part of the Services may be copied, reproduced, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission.

3. User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity to comply with these Legal Terms; (2) you are not a minor in your jurisdiction; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

4. Prohibited Activities

You may not use the Services for any purpose other than that for which we make them available. Prohibited activities include but are not limited to: systematically retrieving data to create collections or databases without permission; tricking, defrauding, or misleading us or other users; circumventing security features; disparaging or harming the Services; harassing or threatening our employees or agents; uploading viruses or malicious code; using automated systems such as bots or scrapers; impersonating another user; using the Services to advertise or offer to sell goods and services; and selling or transferring your profile.

5. User Generated Contributions

The Services do not offer users the ability to submit or post content. Any feedback or suggestions you submit to us may be used by us for any purpose without compensation to you. You retain full ownership of your own intellectual property.

6. Services Management

We reserve the right to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict, or limit access to the Services at our sole discretion; and (4) otherwise manage the Services to protect our rights and facilitate proper functioning.

7. Term and Termination

These Legal Terms remain in effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason at any time. We may terminate your use or participation in the Services at any time, without warning, at our sole discretion.

8. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We cannot guarantee the Services will be available at all times and will not be liable for any loss or inconvenience caused by downtime or discontinuance.

9. Governing Law

These Legal Terms are governed by the laws of the State of Georgia, United States. You irrevocably consent that the courts of Forsyth County, Georgia shall have exclusive jurisdiction to resolve any dispute arising in connection with these Legal Terms.

10. Dispute Resolution

Informal Negotiations: To expedite resolution, the parties agree to first attempt to negotiate any dispute informally for at least 30 days before initiating arbitration.

Binding Arbitration: If informal negotiation fails, disputes shall be resolved by binding arbitration in Forsyth County, Georgia. The language of proceedings shall be English and governed by the laws of the State of Georgia.

Restrictions: All arbitration shall be limited to the dispute between the parties individually. No class-action arbitration is permitted.

11. Corrections

We reserve the right to correct any errors, inaccuracies, or omissions on the Services at any time without prior notice.

12. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO LIABILITY FOR ERRORS, PERSONAL INJURY, UNAUTHORIZED ACCESS, OR ANY OTHER LOSS ARISING FROM YOUR USE OF THE SERVICES.

13. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTHS PRIOR TO THE CAUSE OF ACTION.

14. Indemnification

You agree to defend, indemnify, and hold us harmless from any loss, damage, liability, claim, or demand arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties; (4) your violation of any third party's rights; or (5) any harmful act toward another user of the Services.

15. User Data

We will maintain certain data you transmit to the Services for the purpose of managing performance. You are solely responsible for all data you transmit. We have no liability for any loss or corruption of any such data.

16. Electronic Communications

By visiting the Services and completing online forms, you consent to receive electronic communications. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.

17. Miscellaneous

These Legal Terms constitute the entire agreement between you and us. Our failure to enforce any right or provision shall not operate as a waiver. If any provision is found unlawful or unenforceable, that provision is severable and does not affect the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms.

18. Contact Us

To resolve a complaint or receive further information, please contact us at:

HABU (CYE Consult)
Forsyth County, Georgia
dan@athenamhc.com