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Welcome to IHerp.com (IHerp Terms of Use Agreement)
Welcome to IHerp.com ("Site") and the IHerp web application software ("Service" or "Application"), which is owned and operated by IHerp, LLC., an Ohio corporation having its principal offices in Lakewood, Ohio. This Terms of Use Agreement ("Agreement") governs your access to and use of the Site or Service. Please carefully read and review the entire Agreement. The IHerp.com service and network (collectively or individually, "IHerp" or "the Service" or the "Application") is operated by IHerp, LLC. ("us", "we" or "the Company"). By accessing or using our website and application at www.iHerp.com, or any other web address, site, or application, you ("User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of IHerp.com.
IHerp, LLC., owns all intellectual property in the website and software and permits you to use the software only in accordance with the terms of this Agreement.
1. General
We reserve the right to change, modify, add, or remove portions of these Terms of Use at our sole discretion and at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of the page the date of the last revision. Your continued use of the Application, Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility regularly to check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE LIMITATIONS, EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
2. Eligibility
Membership in the Service is void where prohibited. This Site and Service is intended solely for users who are thirteen (13) years of age or older. Registration by, use of or access to the Site or Service by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Minors under the age of 18 must have their parents’ consent.
3. Privacy
Your use of the Site or Service will be governed by the IHerp.com Privacy Policy, which is posted immediately following these Terms of Use. By checking the box indicating you accept the terms of this Agreement, you also are indicating that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.
4. Term
This Agreement shall remain in full force and effect while you use IHerp.com or are a Member. At its sole discretion, IHerp.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect. You may terminate your Membership at any time by contacting our office. Requests for account termination may be made in writing to:
  • IHerp, LLC.
  • Account Termination
  • 19885 Detroit Rd, Box 106
  • Rocky River, Ohio 44116
  • United States of America
5. Fees
You acknowledge that IHerp.com may charge a fee for some services and to change its fees from time to time in its sole discretion. If IHerp.com terminates your Membership, you will be entitled to a refund of the unused portion of your subscription fees. If you terminate your Membership or if IHerp.com terminates your membership because you have breached the Agreement, you shall not be entitled to a refund of any fees.
6. Applicable Laws
You must comply with all applicable laws in connection with your access to and use of the Site or Service, and you must comply with such further limitations as may be stated in a written or online notice from IHerp, LLC. As a condition of your access to and use of the Site or Service, you agree that you will not use the Site or Service for any purpose that is unlawful or prohibited by the Agreement. Use of the Site is or Service for your personal or authorized commercial use, and IHerp, LLC., does not grant you any express or implied rights to access or use the Site or Service for any other purpose.
7. Registration
You may have to register to become an IHerp.com member. To register, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form, and you must maintain and promptly update this information to keep it true, accurate, current and complete. IHerp, LLC., has the right to suspend or terminate your account and to refuse current or future use of its service if it suspects such information is untrue, inaccurate, not current or incomplete.
8. Security
You are responsible for maintaining the confidentiality of the password and username you provided during the registration process and you are responsible for all activities that occur under that password or account. You agree to immediately notify IHerp.com of any unauthorized use of your password or username or other breach of security.
9. Storage
You acknowledge that IHerp, LLC., may establish general practices and limits concerning use of IHerp.com, including (by way of illustration and without limitation):
1.       the maximum number of messages or other content that may be sent from or received by an account on IHerp.com;
2.       the maximum size of any message or other content that may be sent from or received by an account on the Service;
3.       the maximum disk space that will be allocated on IHerp.com servers on your behalf; and
4.       the maximum number of times (and the maximum duration for which) you may access IHerp.com in a given period of time.
You agree that IHerp, LLC., has no responsibility or liability for the failure to store or deletion of any content, including (by way of illustration and without limitation) messages, photos, tracking, personal settings, or other uploaded content maintained or transmitted by IHerp.com. You acknowledge that IHerp, LLC., reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that IHerp, LLC., reserves the right to modify these general practices and limits.
10. Copyrights
Except as stated in Section 12 ("User Content and Communications"), all copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site or Service, and the selection, coordination, and arrangement of such content ("Content"), are owned by IHerp, LLC., or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without the prior written consent of IHerp, LLC. Requests for permission to reproduce any Content must be made in writing to:
  • IHerp, LLC.
  • Content Requests
  • 19885 Detroit Rd, Box 106
  • Rocky River, Ohio 44116
  •  
  • United States of America
11. Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, and designs of all IHerp, LLC. or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to IHerp, LLC., or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Except as expressly permitted herein, the use or misuse of these trademarks or other materials, is expressly prohibited, and nothing stated or implied on the Site confers any license or right under any patent or trademark of IHerp, LLC., or any third party.
12. User Content and Communications
With the exception of personal information, which is covered under the IHerp.com Privacy Policy (which is posted immediately following these terms of use), any information you transmit or post to the Site shall be considered non-confidential and non-proprietary. IHerp, LLC., does not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the Site or Service; however, by submitting or posting information on, to, or through the Site, you agree that IHerp, LLC. shall be free in perpetuity to copy, disclose, distribute, incorporate, and otherwise use such information and all data, images, sounds, text and other materials embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the present or future use of this information, unless expressly agreed otherwise.
You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that:
1.       is copyrighted, unless you are the copyright owner;
2.       infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
3.       reveals a trade secret, unless you own it;
4.       is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, or embarrassing to any other person or entity as determined by IHerp, LLC., in its sole discretion;
5.       is illegal or deemed objectionable in the sole discretion of IHerp, LLC.;
6.       constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
7.       contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
By using this site, you understand and agree that IHerp, LLC., may monitor or review, any content or communication posted or transmitted by, to, or from you on the Site or Service. You further understand and agree that IHerp, LLC., may use or disclose any information related to you (including content or communications posted or transmitted on the Site or Service) for any reason related to the operation of the Site, in order to:
1.       take investigative, preventative, or other action regarding activities that may be prohibited or unlawful;
2.       exercise the legal rights of IHerp, LLC., under the Agreement; or
3.       protect the rights and property of IHerp, LLC., or any third party.
  
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