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Term of Use

Last updated: 06/01/2023

 

Welcome to the website or mobile application of Humelan, PBC (“The Company”, “Humelan,” “We,” “Us”). The following terms and conditions, together with any documents they incorporate by reference, including without limitation the Privacy Policy (collectively, the “Terms of Use”), govern your access to and use of Humelan’s website and mobile application, including any content, functionality, and services offered on or through www.humelan.com (the “Website”). Collectively, the Website and Apps are referred to as the “Services.”

Please read these Terms of Use carefully before you start to use the Services. BY ACCESSING, BROWSING, OR USING THE SERVICES (INCLUDING YOUR SUBMISSION OF INFORMATION TO THE WEBSITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Services, has the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.

The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Services.

PLEASE BE AWARE THAT THESE TERMS INCLUDE LIMITATIONS ON THE LIABILITY OF HUMELAN AND OUR OBLIGATIONS RELATING TO THE SERVICES, CERTAIN CONDITIONS WITH RESPECT TO JURISDICTION, AND CERTAIN EXCLUSIONS OF HUMELAN’s RESPONSIBILITY.

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE.

Contents

The contents of the Services, such as text, graphics, images, information obtained from Humelan’s licensors, and other material contained on the website, apps, newsletter, and products (“Content”) are for informational purposes only. THE CONTENT AND SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

If you think you may have a medical emergency, call your doctor or 911 immediately. Humelan does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Content or Services. Reliance on any information provided by Humelan, Humelan employees, others appearing in the Content or on the Services at the invitation of Humelan, or other visitors to the Services is solely at your own risk. 

Unless otherwise noted, all Content and Services, whether publicly posted or privately transmitted, as well as all derivative works, are property owned, controlled, licensed, or used with permission by Humelan, and/or its affiliates, or other parties that have licensed or otherwise permitted their material to be used by Humelan. The Services as a whole and the Contents are protected by copyright, trademark, trade dress, and other laws. All worldwide right, title, and interest in and to the Services and Contents are owned by Humelan or used with permission. The Website, the Website’s logos, the Apps, the Apps’ logos, and all other trademarks appearing on the Content and Services are trademarks of Humelan are licensed or used with permission of the owner by Humelan. You agree not to display or use such trademarks without Humelan’s prior written permission. Humelan disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own.

The Contents and Services are intended solely for personal, non-commercial use by the users of the Services and may not be used except as permitted in these Terms of Use. You may share the Content with the use of the social media links (i.e., “Share,” “Pin It,” and “Tweet”) provided on our Services. You may also share the Content via email through the use of our “Share” link. You may download or copy the Content and other downloadable materials displayed on the Services for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading, sharing, or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Services, or any related software without the prior written consent of Humelan the owner of such material. Nothing contained on the Content or Services grants or should be construed as granting any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, or copyrighted or other proprietary material displayed on these Content and Services without the prior written consent of Humelan or the owner of such material. All rights not expressly granted herein by Humelan to you are reserved by Humelan and/or its licensors. Third-party trade names, product names, and logos contained in these Websites may be the trademarks or registered trademarks of their respective owners.

The information presented on or through the Content and Services is made available solely for general information purposes. We may update the Content from time to time, but the Content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and We are under no obligation to update such material.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. 

Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Privacy Statement

The Company bases its business on the trust you place in us. The information we collect is gathered through means designed to be secure and to provide a more personalized shopping experience.  We collect, use and share your personal information pursuant to the terms our Privacy Policy.

Prohibited Uses

You are prohibited from violating or attempting to violate the security measures on the Services, including, without limitation:

  • Using a false password or one belonging to another user, or accessing data not intended for the user, or logging in to a server or account which such user is not authorized to access;

  • Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;

  • Attempting to probe, scan, or test the vulnerability of the system or network, or to breach security or authentication measures without proper authorization;

  • Attempting to interfere with service to any user, host, or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”;

  • Sending unsolicited email or commercial electronic messages, including promotions and/or advertising of products or services;

  • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or

  • Hijacking all or any part of the Services or Content; deleting or changing any Services or Content; deploying pop-up messages or advertising, running or displaying the Services or Content in frames or through similar means on another website; or linking to the Services or Content, without our specific written permission.
     

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity including, without limitation, by using email addresses associated with any of the foregoing.

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
     

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

  • Copy, mirror or otherwise attempt to replicate or reproduce the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.
     

General Rules

You agree to use the Content and Services only for lawful purposes and only for your own personal, non-commercial use. You may not use the Services to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others, or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive, or hateful.

We have absolute discretion to determine if any use violates these rules, and to act as We deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to law enforcement authorities in identifying and prosecuting users who are involved in such violations.
 

Community Participation Terms

Humelan encourages interaction among its users through our website, social and app communities, as part of our goal to foster a supportive environment.
 

1. Understanding Our Guidelines: Before joining our communities, we strongly encourage you to carefully read and understand our Community Guidelines. Adhering to these guidelines helps to keep our community a safe and respectful space for everyone.

2. Public Profile and Activity: When joining our communities, please note that your profile will be visible to other users and site visitors. Your public activity, such as posts or comments, will also be visible. We believe this openness fosters interaction and mutual aid among our users.

3. Privacy: If you prefer not to have your profile or activities visible, you may choose to exit the community. Please note that while this ensures your profile is no longer publicly visible, it also means you will not be able to utilize community features, such as posting, commenting, or liking posts.

4. Respect and Safety: We ask that all users treat each other with respect and maintain a safe environment. Any misuse of our communities for purposes such as dating or harassment is not permitted and may result in removal from our platforms.

By participating in our communities, you agree to these terms and to our overall Terms of Use.

Community Guidelines

Please treat each other with respect.
 

Humelan’s mission is to support people with hearing loss in living confident, fulfilling, and joyful lives, and to increase awareness and engagement with hearing loss. 
 

We're committed to fostering supportive communities that encourage mutual aid and understanding, in which all members feel welcome, safe, and respected. Following the guidelines below helps to keep the community safe for everyone.
 

THE RULES:

  • Any manner of bullying, intimidation, or harassment is forbidden.

  • Humelan is not a dating platform; Any misuse of the website, app, communities, groups, or forums for dating or romantic pursuits is not permitted and will result in immediate removal from our platforms 

  • You may not post pornographic or violent content in messages, in group chats, or on your profile. This includes adding photographs, drawings, or comments, even as a joke. 

  • Do not ask other members to take the conversation to another messaging platform such as WhatsApp, Google Hangouts, Gmail, etc. 

  • The promotion, advertising, or selling of any goods or services is not allowed. Unauthorized content will be removed from the App.

  • Do not attempt to convert other members to your religious beliefs or otherwise make them feel uncomfortable. 

  • It should go without saying, but all illegal activity is prohibited and may be reported to the appropriate authorities.

  • Finally, don’t spam anyone.
     

REPORTING

We rely on you, our community members, to report other members or content that violates these guidelines. Violating these Community Guidelines has consequences, which may include removal of content, suspension of posting privileges, or even expulsion from the community. Please keep in mind that while something may be disagreeable to you, it does not necessarily violate our Community Guidelines.
 

TO REPORT ANOTHER MEMBER OR CONTENT

When encountering a post, comment, or reply from another member that violates our guidelines, constitutes offensive content, or appears to be spam, you have the option to report it. 
 

  • Forum

Forum readers have the option of reporting other members' posts, comments, and replies that they find offensive or that they think is spam. To report a post on Humelan Forum, follow these steps:

  1. Go to the post you want to report.

  2. Click the three dots icon in the top right corner of the post.

  3. Click “Report”.

  4. Fill out the form that appears and click “Submit”.

 

  • Groups

To report a member, post, comment, or any other member content on Humelan’s group feature use Humelan’s contact form. The contact form is accessible via the navigation bar at the top of our page or at the footer of each page. Click “contact” and complete the form to report the violation.
 

  • Use Humelan's Contact Form

Alternatively, if you are unable to use the report feature, you can use Humelan's contact form. The contact form is accessible via the navigation bar at the top of our page or at the footer of each page. Click “contact” and complete the form to report the violation.

User Contributions

The Website and Services may contain message boards, Forums, comment boards, personal web pages, member pages, groups, communities, chats, profiles, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to the Company, other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website and Services.

 

All User Contributions must comply with the Community Participation Terms, Community Guidelines, and Content Standards set out in these Terms of Use.

 

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website and Services, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.

  • All of your User Contributions do and will comply with these Terms of Use.
     

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
     

Reproduction of Content on Other Websites

Any Content placed on your website must be accredited to the applicable Website, with links placed to the original article on the applicable Website. You are permitted to display the following on your website, provided you do so in a way that gives full credit to us as the original publisher and does not damage our reputation or take advantage of it:

  • An active, follow link to the original full article on the applicable Website. 

  • A canonical in your header code. Instructions for how to set a canonical here: https://yoast.com/rel-canonical/ 
     

However: 

  • You may not place, or use any software to place, any complete articles from the applicable Website on your website unless you have contacted us first and have received written permission from us to place the entire article online — these full terms of use will apply.

  • You must not establish a link from any website that is not owned by you.

  • Use of any and all Humelan logos are not permitted.

  • You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

  • You may not directly or indirectly suggest any endorsement or approval by the applicable Websites of your website, products, content, or any views expressed within your website.
     

Our Content may only be placed on websites that: 

  • Do not promote, facilitate, or encourage Illegal activities (and do not display actionable Content under U.S. law).

  • Do not promote, facilitate, or encourage hatred of any form (including, but not limited to, racism, terrorism, violence, and discrimination of any kind).

  • Do not have misleading, pornographic, or defamatory content.

  • Do not display any material that is in breach of any third-party intellectual property rights.
     

If you use a script to gather the information from our RSS feeds, you must use a server-side scripting language such as PHP or ASP, not JavaScript. You must gather the data from the feeds at regular intervals of an hour or more and use a database to store it. Using a script that gathers data from our site with every page load is not permitted.
 

You may not charge users specifically for accessing Humelan Content, nor attempt to sell our Content in any way.
 

Humelan reserves the right to restrict, suspend, or terminate any Content, your access to Content, the availability of Content or these Terms of Use at any time, without liability. You agree to remove all of the Content from your website upon receiving notice of termination from Humelan . You may terminate these Terms of Use at any time by removing all Content from your website and destroying all copies of our Content in your possession.
 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:
Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
     

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
 

Liability of Humelan and Its Licensors

BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE BELOW LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
 

The Services and the Content are provided on an “as is” basis and your use of the Services and the Content is at your own risk. When using the Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of Humelan. Accordingly, Humelan assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.
 

HUMELAN, ITS AFFILIATES, LICENSORS, AND CONTRACTORS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Humelan, its affiliates, and its licensors make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Services.

  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Services.

  3. Damages to, interruption of service or viruses that may infect your computer or telecommunications equipment arising from your access to or use of Services and its contents.
     

To the fullest extent permitted by applicable law, in no event shall Humelan, its affiliates, licensors, contractors, or any of their respective officers, directors, employees or agents, or any third parties mentioned on the Services be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) even if Humelan has been previously advised of the possibility of such damages, whether in an action under contract, negligence or any other theory, arising out of or in connection with the use, inability to use or performance of the information and Content and the Services. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Humelan is not liable for any personal injury, including death, or infringement caused by your use or misuse of the Services, Content, or Comments (defined below). Any claims arising in connection with your use of the Services, any Content, or Comments must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

For additional disclaimers and information regarding health content, please read our HEALTH INFORMATION DISCLAIMERS below. 
 

Disclaimer

HUMELAN PBC IS DOES NOT OFFER PERSONAL HEALTH OR MEDICAL ADVICE. IF YOU’RE FACING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY, OR VISIT THE NEAREST EMERGENCY ROOM OR URGENT CARE CENTER. YOU SHOULD CONSULT YOUR HEALTHCARE PROVIDER BEFORE STARTING ANY REHABILITATION, THERAPY,  NUTRITION, DIET, EXERCISE, FITNESS, MEDICAL, OR WELLNESS PROGRAM.
 

This content, developed through collaboration with licensed medical professionals and external contributors, including text, graphics, images, and other material contained on the website, apps, newsletter, and products (“Content”), is general in nature and for informational purposes only and does not constitute medical advice; the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult your doctor or other qualified healthcare provider with any questions you may have regarding a medical condition, procedure, or treatment, whether it is a prescription medication or device, over-the-counter drug or device, other devices and accessories, vitamin, supplement, or herbal alternative. Humelan makes no guarantees about the efficacy or safety of products or treatments described on Humelan’s Content. Health conditions and drug information contained are subject to change and are not intended to cover all possible uses, directions, precautions, warnings, drug interactions, allergic reactions, or adverse effects. Humelan does not recommend or endorse any specific test, clinician, clinical care provider, product, procedure, opinion, service, or other information that may be mentioned in Humelan’s websites, apps, and Content.
 

Advertisements, Searches, and Links to Other Websites

Humelan may select certain sites as priority responses to search terms you enter, and Humelan may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Humelan does not recommend and does not endorse the content on any third-party websites. Humelan is not responsible for the content of linked third-party sites, sites framed within the Services, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms of use for such sites. Humelan does not endorse any product advertised on the Content or Services.
 

Indemnity

You agree to defend, indemnify, and hold Humelan, its officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your use of and access of the Services, (ii) your violation of any term of these Terms of Use, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, or (iv) any claim that your use of the Services caused damage to a third party.
 

Location and survival

Humelan is incorporated in the state of Delaware in the United States of America. Humelan makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
 

The following provisions survive the expiration or termination of this Terms of Use for any reason whatsoever: Location and Survival, Liability of Humelan and its Licensors, Comments, Indemnity, Jurisdiction, No Waiver, and Complete Agreement and Amendment.
 

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Humelan, or in any way relating to your use of the Services and/or the Content, resides in the courts of the State of Delaware and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Delaware in connection with any such dispute including any claim involving Humelan or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
 

These Terms of Use are governed by the internal substantive laws of the  State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
 

Comments

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Humelan on or by the Content and/or Services or otherwise disclosed, submitted, or offered in connection with your use of the Content and/or Services (collectively, “Comments”) shall be and remain Humelan ’s property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Humelan of all worldwide right, title, and interest in all copyrights and other intellectual properties in the Comments. Humelan is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree not to post on or transmit through the Services any Comments or other material that:

  • is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner;

  • is an advertisement or promotion for any product or service that had not been approved in writing by Humelan;

  • is false, misleading, or constitutes an unfair or deceptive trade practice;

  • promotes the use of alcohol, tobacco, or any illegal substance;

  • constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;

  • infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights; or

  • contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit, or destroy the performance and/or functioning of any software, hardware, or other equipment.
     

You further agree that any Comments you provide do not contain any confidential, proprietary, or trade secret information of any third party, and will not be treated as confidential by Humelan . Humelan shall have no obligation to store, keep copies of, or return any Comments. Humelan further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete, or remove any Comments from the Services that it deems to be in violation of the foregoing requirements.

Without limiting the generality of the foregoing, Humelan shall have the right to:

  • Remove or refuse to post any Comments for any or no reason in our sole discretion.

  • Take any action with respect to any Comments that We deem necessary or appropriate in our sole discretion, including if We believe that such Comment violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Humelan Humelan .

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
     

Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
 

However, We cannot review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the fullest extent permitted by applicable law, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
 

Third-Party Content

Humelan may from time to time post Content supplied by third parties and users (collectively “Third-Party Content”). In addition, if you register to receive our free newsletters and emails that promote the Services (“Newsletters”), you may receive Newsletters containing Third-Party Content or advertising that was sponsored by third parties.
 

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of Humelan . Humelan does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted below.
 

Notices for Reporting and Making Claims of Copyright Infringement

This policy is intended to comply with the requirements of the Online Copyright Infringement Liability Limitation Act and the Digital Millennium Copyright Act.

Humelan will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Humelan the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

  • A description of the copyrighted work that you claim has been infringed upon.

  • A description of where the material that you claim is infringing is located on the Services.

  • Your address, telephone number, and email address.

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
     

Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following:

Humelan, PBC. 

391 Wilmington Pike, Ste 3# 262
Glen Mills, PA 19342

 

Via our contact form on our website and by email to help@humelan.com  
 

Your Privacy Rights

All information We collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by Us with respect to your information in compliance with the Privacy Policy, which is available at addlinkxxxxx.com

Please send any concerns regarding our products or services by clicking here.
 

Complete Agreement and Amendments

Except as expressly provided in a particular “legal notice” on the Services, these Terms of Use constitute the entire agreement between you and Humelan with respect to the use of the Services and Content.
 

Humelan, in its sole discretion, reserves the right to update, revise, supplement, and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Services from time to time. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in these Terms of Use as “Additional Terms”) will be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to the Services. Your continued viewing or use of the Services following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
 

Termination

You may stop using the Services at any time (subject to the surviving terms set forth herein). Humelan also may terminate these Terms of Use and/or Services at any time and may do so immediately without notice. Accordingly, Humelan may deny you access to the Services, if in Humelan’s sole discretion you fail to comply with any term or provision of the Terms of Use.
 

No Waiver

Humelan’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Humelan’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Humelan to exercise or take advantage of any right or remedy that Humelan has or may have hereunder, operate as a waiver of any right or remedy.
 

Contact Information

Thank you for your cooperation. We hope you find our Services helpful and convenient to use. Questions or comments regarding these Services, including any reports of non-functioning links, should be directed to:

Humelan, PBC. 

391 Wilmington Pike, Ste 3# 262
Glen Mills, PA 19342


Via our contact form on our website or by email to help@humelan.com 

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