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Terms and Conditions
Herdt Consulting, Inc©.,
its subsidiaries and affiliates require that all
the visitors ("you") to our site on the World
Wide Web (the "Site") adhere to the following
Terms and Conditions set forth in this
Agreement. By accessing the Site you indicate
your acknowledgment and acceptance of these
Terms and Conditions. If you do not agree with
these Terms and Conditions, please do not use
the Site.
LAWS AND REGULATIONS
Your access to and use of the Site is subject to
all applicable international, federal, state and
local laws and regulations.
PRIVACY/SECURITY/CONFIDENTIALITY - SEE "PRIVACY
NOTICE"
COPYRIGHT/TRADEMARKS
Herdt Consulting, Inc. and the Company logo are
all trademarks/servicemarks of Herdt Consulting,
Inc.. All other trademarks, logos and service
marks ("Marks") displayed on the Site are the
property of Herdt Consulting, Inc. and other
parties. You are prohibited from using any Marks
for any purpose including, but not limited to
use as metatags on other pages or sites on the
World Wide Web without the written permission of
Herdt Consulting, Inc. or such third party,
which may own the Marks. All information and
content including any software programs
available on or through the Site ("Content") is
protected by copyright. You are prohibited from
modifying, copying, distributing, transmitting,
displaying, publishing, selling, licensing,
creating derivative works or using any Content
available on or through the Site for commercial
or public purposes. You are prohibited from
removing any copyright, trademark or other
proprietary rights notices contained on the
Site.
NO WARRANTIES ALL CONTENT, PRODUCTS, AND
SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE
TO WHICH THE SITE IS LINKED (A "LINKED SITE")
ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF
ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR
ACCURACY. Herdt Consulting, Inc. DOES NOT
ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE
OR STATEMENT MADE THROUGH THE SITE OR A LINKED
SITE BY ANY PARTY OTHER THAN Herdt Consulting,
Inc., OR (B) THE CAPABILITIES OR RELIABILITY OF
ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED
SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE
CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE
WILL Herdt Consulting, Inc. BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON
INFORMATION OBTAINED THROUGH THE SITE OR A
LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR
SERVICE OBTAINED FROM A LINKED SITE. IT IS THE
IT IS YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS OR USEFULNESS OF ANY
OPINION, ADVICE OR OTHER CONTENT AVAILABLE
THROUGH THE SITE, OR OBTAINED FROM A LINKED
SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS,
AS APPROPRIATE, REGARDING THE EVALUATION OF ANY
SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR
OTHER CONTENT.
LIMITATION OF LIABILITY FOR USE OF THE SITE AND
LINKED SITES
THE INFORMATION, SOFTWARE, PRODUCTS AND
DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE
OR A LINKED SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS, AND Herdt Consulting, Inc.
SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH
INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY
MADE TO THE INFORMATION ON THE SITE AND LINKED
SITES. Herdt Consulting, Inc. MAY MAKE
IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.
YOU AGREE THAT Herdt Consulting, Inc., ITS
AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE
LIABLE, WHETHER IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, FOR ANY DIRECT,
INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, DIRECT OR INDIRECT DAMAGES
(INCLUDING WITHOUT LIMITATION LOST PROFITS, COST
OF PROCURING SUBSTITUTE SERVICE OR LOST
OPPORTUNITY) ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THE SITE OR A LINKED SITE, OR
WITH THE DELAY OR INABILITY TO USE THE SITE OR A
LINKED SITE, EVEN IF Herdt Consulting, Inc. IS
MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS
NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES
WHICH MAY INFECT A YOUR EQUIPMENT, FAILURE OF
MECHANICAL OR ELECTRONIC EQUIPMENT OR
COMMUNICATION LINES, TELEPHONE OR OTHER
INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS
YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED
ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER
LABOR PROBLEMS OR ANY FORCE MAJEURE. Herdt
Consulting, Inc. CANNOT AND DOES NOT GUARANTEE
CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO
THE WEB SITE.
INDEMNIFICATION
You agree to indemnify, defend and hold us, our
officers, directors, employees, agents and
representatives harmless from and against any
and all claims, damages, losses, costs,
(including reasonable attorneys' fees), or other
expenses that arise directly or indirectly out
of or from (a) your breach of the Agreement,
including any violation of the Code of Conduct
listed below; (b) any allegation that any
materials that you submit to us or transmit to
the Site infringe or otherwise violate the
copyright, trademark, trade secret or other
intellectual property or other rights of any
third party; and/or (c) your activities in
connection with the Site.
LINKED INTERNET SITES
Herdt Consulting, Inc. has not reviewed all the
sites which are linked to our site, and the fact
that a site is linked to our site does not
indicate any approval or endorsement of any
material contained on a linked site. Herdt
Consulting, Inc. is not responsible for the
contents on any linked sites. Your connection to
any linked site is at your own risk.
CHANGES TO TERMS AND CONDITIONS
Herdt Consulting, Inc. reserves the right to
revise the site and these Terms and Conditions
at any time. Any changes we make will be
effective immediately upon notice, which we may
provide by means including, without limitation,
posting on the Site or via electronic mail. Your
use of the Site after such notice will be deemed
acceptance of such changes. Be sure to review
the Agreement periodically to ensure your
familiarity with the most current version. Upon
our request, you agree to sign a non-electronic
version of this Agreement. We reserve the right
to limit the availability of the Site and/or the
provision of any service, program or other
product described on the Site to any person,
geographic area, or jurisdiction at anytime in
our sole discretion, and to limit the quantities
of any such service, program or other product
that we provide.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or
secure areas of the Site is restricted to
authorized users only. You may not permit
others, including those whose accounts were
terminated, to access the Site through your
account, user name or password. Unauthorized
individuals attempting to access these areas of
the Site may be subject to prosecution.
VIOLATIONS OF TERMS AND CONDITIONS
Herdt Consulting, Inc. reserves the right to
seek all remedies available at law and in equity
for violations of these Terms and Conditions,
including the right to block access from a
particular Internet address to the Site.
TERMINATION
This Agreement shall remain in effect until
terminated according to the terms herein. Either
party may terminate this Agreement immediately
upon notice to the other party. In addition, we
reserve the right to immediately terminate this
Agreement, and/or your access to and use of the
Site or any portion of the Site, at any time and
for any reason, with or without cause. Upon
termination of the Agreement by either party,
your right to use the Site shall immediately
cease, and you shall destroy all materials
obtained from the site and all copies thereof,
whether made under the terms of this Agreement
or otherwise.
ASSIGNABILITY
This Agreement is not assignable, transferable
or sub licensable by you except with Herdt
Consulting, Inc.' prior written consent.
ENFORCEABILITY
If any provision of this Agreement is found to
be unlawful, void, or for any reason
unenforceable, then that provision shall be
severed from this Agreement and shall affect the
validity and enforceability of the remaining
provisions. This Agreement is the entire
understanding between us relating to the subject
matter contained herein and supercedes any and
all prior or contemporaneous written or oral
Agreements between us. No waiver by either party
of any breach or default hereunder shall be
deemed to be a waiver of any preceding or
subsequent breach of default. Any heading,
caption or section title contained in this
Agreement is inserted only as a matter of
convenience and in no way defines or explains
any section or provision hereof.
GOVERNING LAW
When you use this Site, you agree to submit to
the laws of the State of Florida, USA and
applicable federal law without regard to
conflicts of laws principles. |