The Herpafend site (the “Site”) is an online information service, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. HERPAFEND MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Herpafend, its affiliates, or other third-party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE, AND/OR SOFTWARE.
You may print and download portions of material from different areas of the Site solely for your own non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You agree to grant Herpafend a non-exclusive, royalty-free, worldwide, perpetual license—with the right to sub-license—to reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any materials and other information (including, without limitation, ideas for new or improved products and services) you submit to any public areas of the Site (such as forums or comment sections) or by e-mail to Herpafend by all means and in any media now known or hereafter developed.
You also grant Herpafend the right to use your name in connection with the submitted materials and related advertising, marketing, and promotional materials. You agree that you shall have no recourse against Herpafend for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Herpafend.
TRADEMARKS.
Publications, products, content, or services referenced herein or on the Site are the exclusive trademarks or service marks of Herpafend. Other product and company names mentioned on the Site may be trademarks of their respective owners.
You understand that, except for information, products, or services clearly identified as being supplied by Herpafend, the company does not operate, control, or endorse any information, products, or services on the Internet in any way. Except for Herpafend-identified materials, all information, products, and services offered through the Site or on the Internet generally are offered by third parties not affiliated with Herpafend.
You also understand that Herpafend cannot and does not guarantee or warrant that files available for download through the Site will be free of infection or viruses, worms, Trojan horses, or other code with contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your own requirements for data accuracy, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. HERPAFEND PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
HERPAFEND SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE, AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. HERPAFEND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
YOU UNDERSTAND THAT THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. HERPAFEND HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL HERPAFEND BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION PROVIDED ON THE SITE, EVEN IF HERPAFEND OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR MATERIALS DOWNLOADED THROUGH THE SERVICE.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such jurisdictions, Herpafend’s liability is limited to the greatest extent permitted by law.
Herpafend makes no representations whatsoever about any other website you may access through this one or which may link to this Site. When you access a non-Herpafend website, please understand that it is independent, and Herpafend has no control over its content. A link to a Herpafend website does not mean Herpafend endorses or accepts any responsibility for that site or its use.
You agree to indemnify, defend, and hold harmless Herpafend, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs—including reasonable attorneys’ fees—resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
The provisions of paragraphs 2 (Use of the Service) and 3 (Indemnification) are for the benefit of Herpafend and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers. Each of these entities shall have the right to enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses, and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the United States of America applicable to agreements made and performed within its jurisdiction. You agree that any legal action or proceeding between Herpafend and you concerning this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction in the United States.
Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim shall be barred. Herpafend’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any provision of this Agreement.
Herpafend may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.