Hemroid Harry's Herbal Remedy™ TERMS OF USE AGREEMENT
This Web site is owned and operated by Hemroid Harry's, LLC. Subsidiary "HemroidHarry.com" or "Hemroid Harry's Herbal Remedy™". (throughout these Terms of Use "Hemroid Harry's Herbal Remedy™" or "HemroidHarry.com" refers collectively to Hemroid Harry's, LLC. and its subsidiaries and related companies) (the "Site"). Hemroid Harry's Herbal Remedy™ maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site ("Terms of Use"). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. Hemroid Harry's Herbal Remedy™ reserves the right to modify content on the Site and these Terms of Use periodically without prior notice. You can review the most current version of the Terms of Use at any time at http://www.hemroidharry.com/terms.
Products and Services Offered By Hemroid Harry's Herbal Remedy™ on the Site
Hemroid Harry's Herbal Remedy™ offers products and services on the Site. When you enroll to obtain a product or service ("Service") from Hemroid Harry's Herbal Remedy™ on the Site, you must accept the specific agreement applicable to that product or service contained within Hemroid Harry's Herbal Remedy™'s Service Terms and Conditions agreement. Your use of any such product or service offered on the Site is governed by the terms and conditions in the Service Terms and Conditions agreement for that product or service as well as the billing, payment, service cancellation and refund policies for all Hemroid Harry's Herbal Remedy™ paid services, also provided in the Service Terms and Conditions agreement. Except as provided in that agreement, Hemroid Harry's Herbal Remedy™ does not warrant that any product descriptions or content contained in this Web site is accurate, current, reliable, complete or error-free.
You are responsible for obtaining access to Hemroid Harry's Herbal Remedy™ and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Hemroid Harry's Herbal Remedy™ Affiliate Program
Any affiliate program offered by Hemroid Harry's Herbal Remedy™ has a specific Affiliate Agreement applicable to that program. Your participation in any affiliate program is subject to your acceptance of the program's specific Affiliate Agreement.
Use of Content on the Site
You may view, download and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hemroid Harry's Herbal Remedy™ without the express written consent of Hemroid Harry's Herbal Remedy™. You may not use any meta tags or any other "hidden text" utilizing Hemroid Harry's Herbal Remedy™'s name or trademarks without the express written consent of Hemroid Harry's Herbal Remedy™. You may not use any Hemroid Harry's Herbal Remedy™ logo or other proprietary graphic or trademark as part of the link without express written permission.
You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by Hemroid Harry's Herbal Remedy™.
Reviews, Comments, Communications, And Other Content
You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.
By submitting information, you grant Hemroid Harry's Herbal Remedy™ a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute and display such content throughout the world in any media. By submitting information you also represent and warrant that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity.
Copyright Information
The Site and the content within the Site are the property of Hemroid Harry's Herbal Remedy™ or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of Hemroid Harry's Herbal Remedy™. Hemroid Harry's Herbal Remedy™ reserves all rights in the Site and its content not specifically granted in any agreements with Hemroid Harry's Herbal Remedy™ or in the Terms of Use.
Copyright Complaints
Hemroid Harry's Herbal Remedy™ respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
Privacy Policy
Because we respect your right to privacy, we have developed a Privacy Policy to inform you about our privacy practices. Please view our Privacy Policy for more information.
Hemroid Harry's Herbal Remedy™ Communications
Hemroid Harry's Herbal Remedy™ sends e-mail messages to members on a periodic basis. These messages may contain information regarding your account and descriptions of Hemroid Harry's Herbal Remedy™ services that may be appropriate for you or your business. By registering as a member of Hemroid Harry's Herbal Remedy™, you agree ("opt-in") that Hemroid Harry's Herbal Remedy™ may send these messages to the e-mail account specified in your Hemroid Harry's Herbal Remedy™ profile.
Third Party Web Sites and Information
The Site may provide hyperlinks to third party Web sites or access to third party content. Hemroid Harry's Herbal Remedy™ does not control, endorse, or guarantee content found in such sites. You agree that Hemroid Harry's Herbal Remedy™ is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that Hemroid Harry's Herbal Remedy™ shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.
Registration Obligations
In consideration of your use of a Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hemroid Harry's Herbal Remedy™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hemroid Harry's Herbal Remedy™ has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Hemroid Harry's Herbal Remedy™ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Hemroid Harry's Herbal Remedy™ cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
User Content
You agree to not use Hemroid Harry's Herbal Remedy™ to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Hemroid Harry's Herbal Remedy™ official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. "stalk" or otherwise harass another; or
l. collect or store personal data about other users.
You acknowledge that Hemroid Harry's Herbal Remedy™ does not pre-screen Content, but that Hemroid Harry's Herbal Remedy™ and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Hemroid Harry's Herbal Remedy™ and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Hemroid Harry's Herbal Remedy™ or submitted to Hemroid Harry's Herbal Remedy™.
You acknowledge and agree that Hemroid Harry's Herbal Remedy™ may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Hemroid Harry's Herbal Remedy™, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Hemroid Harry's Herbal Remedy™ does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Hemroid Harry's Herbal Remedy™ the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of Hemroid Harry's Herbal Remedy™, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Hemroid Harry's Herbal Remedy™ Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Hemroid Harry's Herbal Remedy™ removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Hemroid Harry's Herbal Remedy™ removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Hemroid Harry's Herbal Remedy™ network of properties that are intended by Hemroid Harry's Herbal Remedy™ to be available to the general public.
Modifications to Service
Hemroid Harry's Herbal Remedy™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Services (or any part thereof) with or without notice. You agree that Hemroid Harry's Herbal Remedy™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of Services.
Terminations
You agree that Hemroid Harry's Herbal Remedy™, in its sole discretion, may terminate your password, account (or any part thereof) or use of any Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Hemroid Harry's Herbal Remedy™ believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Hemroid Harry's Herbal Remedy™ may also in its sole discretion and at any time discontinue providing Services, or any part thereof, with or without notice. You agree that any termination of your access to any Services under any provision of this Terms of Use or Service Terms and Conditions may be effected without prior notice, and acknowledge and agree that Hemroid Harry's Herbal Remedy™ may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Hemroid Harry's Herbal Remedy™ shall not be liable to you or any third-party for any termination of your access to the Service.
Hemroid Harry's Herbal Remedy™ Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Hemroid Harry's Herbal Remedy™, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Hemroid Harry's Herbal Remedy™ grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Hemroid Harry's Herbal Remedy™ for use in accessing the Service.
DISCLAIMER
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND Hemroid Harry's Herbal Remedy™, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Hemroid Harry's Herbal Remedy™ AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY Hemroid Harry's Herbal Remedy™ ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. Hemroid Harry's Herbal Remedy™ DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE WILL: MEET YOUR REQUIREMENTS; THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND Hemroid Harry's Herbal Remedy™, Hemroid Harry's Herbal Remedy™, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF Hemroid Harry's Herbal Remedy™, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hemroid Harry's Herbal Remedy™ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Hemroid Harry's Herbal Remedy™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity
You agree to defend, indemnify, and hold harmless Hemroid Harry's Herbal Remedy™, employees, attorneys and agents ("Indemnitees") against all claims, expenses, liabilities, losses, costs and damages, including reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use of the Site or any Site Service or any hyperlinked Web site or (ii) resulting from content you supply.
Errors and Omissions
All information and offers displayed on Hemroid Harry's Herbal Remedy™ is subject to errors, omissions, change of price, or withdrawal without notice.
Applicable Laws
All matters relating to your access to and use of the Site shall be governed by U.S. federal law and/or the laws of the State of Wisconsin without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in the jurisdiction of the State of Wisconsin.
If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.
If you have any questions regarding these Terms of Use, please contact us.
Last Updated: 01/06/2009