1. INTELLECTUAL PROPERTY
The Service, the Site, and all information and/or content that can be seen, heard or otherwise experienced on the Site (the “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to Heruka or its partners, affiliates or third parties. You may use the Site, the Service and the Content solely for your personal, non-commercial use. You may download, print and store portions of the Content that you select, provided that you: (1)
a. Third Party Links. Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Heruka of the third party, the third-party web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that Heruka is not responsible for the availability of any such web sites and that Heruka does not endorse or warrant, and is not responsible or liable for, any such web
site or the content thereon.
b. Downloading Files. Heruka cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. The entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content is solely and exclusively with you.
c. International Use. Heruka makes no representation that the Service or Content is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
3. DISCLAIMER OF WARRANTIES
YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT PROVIDED BY THE SITE OR THE SERVICE. HERUKA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. HERUKA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT.
HERUKA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. HERUKA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
4. LIMITATION OF LIABILITY
HERUKA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL HERUKA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF HERUKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Heruka, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
7. USER CONDUCT
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.
8. USER SUPPLIED INFORMATION
If you supply any information or material to Heruka or others via the Site, you guarantee to Heruka that you have the legal right to supply, post, or store such information or material and that doing so will not violate any law or the rights of any person or entity. You also agree to abide by any additional rules regarding posting of user content, such as the type of content allowed in various areas of the Site.
Heruka reserves the right to terminate your use of the Site at any time for any reason. Heruka may discontinue the Site or any portion of the Site at any time for any reason.
10. GENERAL PROVISIONS
a. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Heruka therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Heruka does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
d. Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by Heruka of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
© Copyright 2018. Heruka Life Science & Health Innovations. All rights reserved.
DATE OF LAST MODIFICATION
September 23, 2018