Terms of Service ("Terms") are a legally-binding agreement between you ("the Website", "we", or "us") and herpafend.com (the Website, "we", or "us") that governs your use of this website ("the Web"). You must immediately leave the Website if you do not agree to any of these Terms. By using the website, you acknowledge and agree to our privacy policy, which is incorporated herein by reference.
We reserve the rights to take any actions we deem necessary if, at our absolute discretion, we determine that you have violated any of these Terms or engaged in the prohibited activities listed below. This may include terminating your license for the Website or initiating criminal or civil legal proceedings. The Website reserves all rights, including those not explicitly granted.
The Terms do not cover any of our products or services described on this website (our "Services") On the website of each Service you will find details about how to use that Service as well as what information we collect and store.
1. Website Description The Website's purpose is to (a) provide information about our company and products, (b) allow Website visitors to contact us via live chat, (c) interact with Website Visitors through our Customer Forum and (d), give Users access to our customer forum. We reserve the rights to change or modify the Website or any part thereof and any policies or terms applicable at any time without notice. We reserve the right to modify, suspend or interrupt operation or access to any part of the Website, or any portion thereof for any reason, at any time and without notice.
2. End User License Agreement. You are granted a limited, revocable and non-exclusive license to use and access the Website. Your license will begin on the day you first visit the website and end when you or we terminate it. If you violate the terms of this license, we reserve the right immediately to terminate your license. We retain ownership of all rights, title, and interests in and to the website, including but not limited, to all copyrights and trademarks, trade secret, trade name, proprietary rights and patents. The Website is protected under applicable laws and international treaties. It may not be reproduced, copied or distributed, in whole, or in part, by any means or media, without our prior written consent.
3. Age Restrictions. The Website is not for minors younger than 18 years old. You may not register on the Website or use it if you're under 18. You represent and warrant to be at least 18-years-old.
4. License Prohibitions The Website may not be used in any other way or for any other purpose than intended. The following activities are also prohibited:
(a) Copying the code of the website, or creating derivative works of it, or attempting to do so;
(b) Disrupting or interfering with the website, servers or networks connected to the website;
(c) Reproducing or printing any part of the website without our written consent;
(f) Violation of any law, whether local, state, federal, or international, by using the Website;
(g) Distributing or transmitting any harmful, disruptive, or destructive files or programs, computer codes, or other similar technologies.
5. Privacy. Privacy. By referring to our Privacy Policy, we are governing the use of your information. We will not share, sell or exchange your personal information with a third-party without your permission, except as stated in our Privacy Policy.
6. User-Submitted Content. The Website provides interactive chat functionality, forums or other interactive features where you can submit information, post or upload user generated content, such as comments, videos, photos, messages or other materials (collectively "User Material"). Use of Interactive Areas is at your own risk. You are responsible for all Interactive Areas. You agree to ensure that all User Content, whether it is uploaded, posted, or otherwise transmitted, will be accurate and truthful.
(a) To slander, harass, stalk, or threaten another;
(b) Incorporate expressions of racism, bigotry, offensive content, abuse, vulgarity, or profanity.
(c) Be considered pornographic, sexually explicit, or otherwise inappropriate.
(d) Violate any law, rule or regulation or encourage its violation;
(e) Contain any threats of violence or other threats to public or personal safety.
f) Violate any copyrights, trademarks, trade secrets, rights of publicity, or other proprietary rights of a third party without the permission of its owner.
7. Copyright. We only respond to notices that are properly filed and comply with the applicable laws. Please provide the following information if you believe your content was copied in a manner that violates copyright. (i) A physical or electronic signature from the owner of the work or someone authorized to act for them; (ii), identification of that copyrighted material claimed to have infringed, (iii), identification of that material claimed to infringe or be the subject to infringing activities and information sufficiently sufficient to allow us to locate that material; (iv), your contact information including your email, your phone number and your telephone, your address and your email; (i; According to the U.S. Digital Millennium Copyright Act our designated copyright representative for notices of alleged infringements appearing on Websites is herpafend.com
Attention: Copyright Agent
Contact: support@herpafend.com
We reserve the rights to remove content that we deem to be infringing, without notice and without any liability towards you. You may also terminate your account, if you are found to have posted content infringingly.
8. Assumption and Limitation of Liability. You agree to accept all risks associated with our Website. We will not be responsible for any direct, indirect, special or consequential damages that you may suffer from using any part of our Website. This includes, but is not limited to, any losses that are incurred as a result of: (a), any financial loss; (b), software glitches or server failures; power outages; or any issue outside of our control.
9. Indemnification. You agree to indemnify, defend and hold us harmless from and against all claims, damages and obligations (including attorney's fee) that may arise from your use and access of the Website, your violation or any of these Terms, your violation or any other third-party rights, such as copyright, privacy, or property rights, or any other claim that you have caused harm to a third-party. This indemnification and defense obligation will continue to apply even after the Terms are terminated and you stop using the Website.
10. No warranty. No Warranty. We do not represent or warrant that (a) this Website will be error-free, free of bugs or glitches or that such errors, bugs or glitches will be fixed; (b), servers that host the Website are virus free or free of other malicious code and (c), your use of the website is compliant with the Terms of Service of third parties, including without limitation third party social media service. The Website is provided "as-is" without any warranty. We make no warranties about accuracy, reliability, or delivery.
11. Arbitration Agreement This section includes a waiver of your rights. You agree to arbitrate any disputes or claims that are a result of your use of this Website. By using the website, you waive your right to a TRIAL BY JEWEL or to participate in a class action that is based on claims made in alleged representative capacity for the general public, users or other people in similar circumstances. This agreement to arbitrate covers, but isn't limited to, any dispute or claim arising from or relating your use of the website. Arbitration will be conducted in Palo Alto (California) before a single arbitrator to resolve any such dispute. Parties to arbitration proceedings may appear remotely via telephone or Internet. JAMS will administer the arbitration in accordance with its Streamlined Rules and Procedures. The award may be entered by any court with jurisdiction. This clause does not prevent parties from seeking interim remedies from a court with appropriate jurisdiction in support of arbitration.
12. Choice of Law and Forum. You agree that this Website is based in California and that it is hosted on a server that has no personal jurisdiction in any other jurisdiction than California. This document will be governed by California law in every respect, regardless of conflict of laws. You must bring any claim or dispute against us in Palo Alto (California), regardless of whether it is subject to arbitration. You agree to submit any claims or disputes that are not subject to arbitration to the Santa Clara County courts in California. All claims that are filed or brought in violation of this section will be deemed improperly filed. If you file a complaint improperly, you may be entitled to recover reasonable attorney's fees and costs. This is provided we notify you in writing and that you fail to withdraw your claim within a reasonable time.
13. Limitation of actions. Limitation of Actions. Any failure on our part to enforce these Terms, or any right related thereto within this time period will not be construed as a waiver.
14. Modifications and Notification of Changes. We reserve the rights to modify, remove, or add any part of this Terms and the Website without prior notice. You will be notified of any changes made to these Terms via a notice posted on the homepage of our website. Unless otherwise stated, the amended terms are effective immediately without any further notice. You accept the changes if you continue to use the website after they are posted.
15. Complete Agreement and Severability. The Privacy Policy and these Terms, along with any documents incorporated herein by reference, form the entire agreement and govern the use of our Website. They supersede any previous agreements. The remaining provisions of these Terms will remain in full force and affect if any provision is declared invalid by a court, or other authority that has binding authority.
16. Residents of Certain States. By using the Site as a Californian resident, you waive all rights under California Civil Code Section 1542 which states that: "A general releases does not include claims the creditor did not know about or suspected to exist at the time the release was executed, but which, if he knew, would have affected his settlement with debtor."
California Civil Code Section (1789.3) provides that California residents have the right to receive the following notice of specific consumer rights: You can contact the Complaint Assistance Unit of Division of Consumer Services of California Department of Consumer Affairs by writing at 400 R Street Suite 1080 in Sacramento, California 95814, or by phone at (916) 445-0125 or (800) 952-5210.
You may not be able to use certain sections of these Terms of Use if you reside in New Jersey. This is due to the New Jersey Truth in Consumer Contract, Warranty, and Notice Act. Other states may not allow a limitation or exclusion of liability. Therefore, the limitation or exclusion above may not apply to your situation.
If you have any questions or concerns with respect to these Terms, please contact us at: support@herpafend.com