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Hermits Group Inc. Advertising Terms And Conditions
General.
A signed contract with proper company’s stamp must be submitted to Hermits Group Inc. Advertising Agents five days in advance of initial publication date. By submitting
advertising for inclusion on any Hermits Group Inc. Network site or service,advertiser/agency agrees to be bound by the terms of this contract. No
conditions other than those set forth herein shall be binding on Hermits Group Inc. unless specifically agreed to in writing by Hermits Group Inc. Group Inc. will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the advertiser/agency. This
contract supersedes all terms and conditions on Hermits Group Inc. rate card sand any previous agreements between Hermits Group Inc. and advertiser/agency relating to the subject matter set forth herein. Hermits Group Inc. only obligation to serve advertisements hereunder shall be to serve advertisements
of the advertiser described herein, and in no event shall Hermits Group Inc. be obligated to serve advertisements for any other advertiser.
Changes and Cancellations.
All artworks must be received at least five days in advance of publication date. All texts for Internet radio, other audio or video advertisements must be received at least ten days in advance of publication date. Hermits Group Inc. advertising team reserved all rights to refuse any copy changes after the published closing date of the update to the Hermits Group Inc. Network site or service on which the advertising is to run. Cancellation will not be allowed after the signing of any advertising contract. Changes to artwork or texts must be received by Hermits Group Inc. at least seven days in advance upon requested change date. Hermits Group Inc. advertising specifications are accessible through the URL Hermits Group Inc. reserves the right to change any of its advertising specifications at any time. Any cancellations or change orders must be made in
writing and acknowledged by Hermits Group Inc. . Change orders cannot be submitted upon confirmation or more than once every fourteen days. This contract maybe canceled or changed
(i) by Hermits Group Inc. at any time for any or no reason without notice, or
(ii) by advertiser/agency on 30 days written notice to Hermits Group Inc. .
Payment.
Unless otherwise agreed in writing, the full amount fees are due upon the execution of this contract by the
advertiser/agency. If payment is not made timely, Hermits Group Inc. at its option, may immediately terminate the contract. In addition, advertiser/agency
shall be liable to Hermits Group Inc. for all attorneys’ fees and other costs of collection. Interest will be accrued on any past due amounts at the rate of the
lesser of one and one-half (1.5%) percent per month or the lawful maximum. Hermits Group Inc. shall have the right to hold the advertiser and/or its agency or agent jointly and severely liable for all amounts due.
Delivery, Frequency and Make Good.
All figures relating to the number of advertisements served as determined by Hermits Group Inc. shall govern, regardless of whether advertiser/agency is using the services of a third party ad server. If Hermits Group Inc. fails to provide the guaranteed number of impressions, Hermits Group Inc. will make good on this contract as described below. Group Inc. will not make good for under-delivery due to delays caused by advertiser/agency. Advertiser/agency
understands that all frequency discounts are based on the advertiser's/agency's
commitment to fulfilling the frequency indicated in the contract. If, for any
reason, this frequency is not met by the expiration or cancellation of the
contract, advertiser/agency agrees to pay a short rate charge on all ads run.
This charge will be equal to the difference between the rate shown in the
contract and the rate earned based on the applicable rate card for the actual
frequency completed.
Advertising Credits.
All Hermits Group Inc. advertising contracts runs in the form of advertising credits spelled at the following URL in no time can these advertising credits be exchanged for real time cash and advertising
credits are not transferable to any parties. However, advertisers are allowed
to transfer their credits from one advertising site to another advertising site
if applicable through email.
Advertising Credits Top up.
Advertisers will be responsible to top up their advertising credits and in no situation shall Hermits Group Inc. and it screw members be held responsible for any service interruptions due to
insufficient credits.
Redesigning of the Hermits Group
Inc. Network Sites or Services.
Advertiser/agency acknowledges that,consistent with Group Inc. need for editorial discretion, Hermits Group Inc. may redesign, delete or replace the pages, programs or channels on which the impressions will be displayed or transmitted or may redesign or replace the
type of links, buttons, boxes, banners, and Internet radio, audio or video
advertisements purchased by advertiser/agency provided, that Hermits Group Inc. will use good faith efforts to provide advertiser/agency with comparable links,buttons, boxes, banners, and Internet radio, audio or video advertisements.
Prohibited Advertising Rejections.
Consistent with Hermits Group Inc. previously-issued policies, advertising relating to the following goods and services is prohibited: firearms, gambling, and illegal
products. Hermits Group Inc. reserves the right, without liability, to reject,omit or exclude any advertisement or to reject or terminate any links, buttons,
boxes or banners for any reason at any time, with or without notice to the
advertiser/agency, and whether or not such advertisement, link, button, box or
banner was previously acknowledged, accepted, or published.
Licenses and Indemnification.
Advertiser/agency grants Hermits Group Inc. the right to use, reproduce, publicly display and distribute advertiser's advertisements and collateral information and warrants
that advertiser/agency has the right to grant such license. Advertiser/Agency
represents that the advertiser is the owner or is licensed to use the entire
contents and subject matter contained in its advertisements and collateral information, including, without limitation,
(a) the names and/or pictures of persons
(b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services and
(c) any testimonials or endorsements contained in any advertisement submitted to Hermits Group Inc. . In addition, advertiser/agency represents that the advertiser's advertisements and collateral information do not violate any applicable local,
state or federal law or regulation. In consideration of Hermits Group Inc. acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severely indemnify and hold harmless Group Inc. and its officers, directors, shareholders, employees, accountants,attorneys, agents, parent, affiliates, subsidiaries, successors and assigns
from and against any and all third party claims, damages, liabilities, costs
and expenses, including reasonable legal fees and expenses, arising out of or related to:
(i) advertiser/agency's breach of any covenants, representations and warranties made therein,
(ii) Hermits Group Inc. performance under this contract, and
(iii) the copying, printing, distributing, transmitting or publishing of advertiser's/agency's advertisements or collateral information by Hermits Group Inc.
Limitation of Liability.
In the event (i) Group Inc. fails to publish an advertisement in accordance with the schedule provided in the Insertion Order, (ii) Hermits Group Inc. fails to deliver the number of total impressions specified in the Insertion order (if any) by the
end of the specified period, or (iii) of any other failure, technical of
otherwise, of such advertisement to appear or be transmitted as provided in the
Insertion Order, the sole liability of Hermits Group Inc. to advertiser/agency shall be limited to, at Hermits Group Inc. sole discretion, a pro rata refund of the advertising fee representing the undelivered impressions, placement of the
advertisement at a later time in a comparable position, or extension of the
term of the Insertion Order until total impressions are delivered. In addition,Hermits Group Inc. is not responsible for the quality and/or clarity of anyInternet radio, audio or video advertisements.
UNDER NO CIRCUMSTANCES WILL HERMITS GROUP INC. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST INCOME OR PROFITS, IN ANY WAY
ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF Hermits Group Inc. (USA) HAS BEEN
ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
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Additional Terms For using of Hermit Search. Com
Hermit Search. Com and Hermits Group Inc. provides users with access to a rich collection of resources,
including various communications tools, forums, shopping services,
search services, personalized content and branded programming through
its network of properties which may be accessed through any various
medium or device now known or hereafter developed (the " Service" ). You
also understand and agree that the Service may include advertisements
and that these advertisements are necessary for Hermit Search. Com and Hermits Group Inc. provide services. You also understand and agree that the Service may include
certain communications from Hermit Search. Com , such as service announcements,
administrative messages and the Hermit Search. Com and Hermits Group Inc. and that these
communications are considered part of Hermit Search. Com and Hermits Group Inc. membership and you will
not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current
Service, including the release of new Hermit Search. Com or Hermits Group Inc. shall be
subject to the Hermit Search. Com or Hermits Group Inc. TOS. You understand and agree that the Service is
provided " AS-IS" and that Hermit Search. Com and Hermits Group Inc. assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for
obtaining access to the Service, 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.
Please be aware that Hermit Search. Com and Hermits Group Inc. created certain areas on the Service
that contain adult or mature content. You must be at least 18 years of
age to access and view such areas.
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Your Registration Obligations
In consideration of your use of the Service, you represent that you
are of legal age to form a binding contract and are not a person barred
from receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the
Service's registration form (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 Hermit Search. Com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Hermit Search. Com 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). Search. Com and Hermits Group Inc. is concerned about the safety and privacy of all its users, particularly children Please remember
that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to
determine whether any of the Service areas and/or Content (as defined
in Member Conduct are appropriate for your child.
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You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, tags, or other materials
("
Content"
), whether publicly posted or privately transmitted, are the
sole responsibility of the person from whom such Content originated.
This means that you, and not Hermit Search. Com or Group Inc. are entirely responsible for all Content that you upload, post, email, transmit or otherwise make
available via the Service. Hermit Search. Com or Hermits Group Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Hermit Search. Com or Hermits Group Inc. be liable in any way for any Content, including, but not limited to, any errors or omissions
in any Content, or any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use the Service to:
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upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable
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impersonate any person or entity, including, but not limited to, a Hermit Search. Com or Hermits Group Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
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forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service
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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)
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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
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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, except in those areas (such as shopping) that are
designated for such purpose.
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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
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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
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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
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intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law
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provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219
of the Immigration and Nationality Act
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" stalk" or otherwise harass another and/or
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collect or store personal data about other users in connection with
the prohibited conduct and activities set forth in paragraphs a through
the above.
You acknowledge that Hermit Search. Com and Hermits Group Inc. or may not pre-screen Content, but
that Hermit Search. Com or Hermits Group Inc. its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, or move any
Content that is available via the Service. Without limiting the
foregoing, Hermit Search. Com or Hermits Group Inc. its designees shall have the right to remove any
Content that violates the Hermit Search. Com or Hermits Group Inc. TOS 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 Hermit Search. Com and Group Inc. or submitted to Hermit Search. Com and Group Inc. all other parts of the Service.
You acknowledge, consent and agree that Hermit Search. Com and Group Inc. may access, preserve
and disclose your account information and Content if required to do so
by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to: (a) comply with legal process (b) enforce the TOS (c) respond to claims that any Content violates
the rights of third parties (d) respond to your requests for customer
service
or (e) protect the rights, property or personal safety of
Hermit Search. Com , 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.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials
to be protected, and that use of these materials is subject to usage
rules set by Hermit Search. Com and/or content providers who provide content to the
Service. You may not attempt to override or circumvent any of the usage
rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials
provided on the Service, in whole or in part, is strictly prohibited.
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Content Submitted or made available for inclusion on our service
Hermit Search. Com and Hermits Group Inc. 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 Hermit Search. Com or Hermits Group Inc. the following worldwide, 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 Hermits Group Inc. 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 Hermits Group Inc. 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 Hermit Search. Com removes such Content
from the Service.
With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of the Service
other than Hermits Group Inc. , 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 Hermits Group Inc. 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 other than Hermits Group Inc. , the perpetual, irrevocable and fully sub licensable 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 Hermits Group Inc. network of properties that are intended by Hermits Group Inc. to be available to the general public. Photos and information that are open to both members
and visitors. However, publicly accessible areas of the Service would
not include portions of Hermits Group Inc. that are limited to members.
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You agree to indemnify and hold Hermit Search. Com and Hermits Group Inc. its subsidiaries,
affiliates, officers, agents, employees, partners and licensors
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you
submit, post, transmit or otherwise make available through the Service,
your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service
(including your Hermit Search. Com or Hermits Group Inc. ), use of the Service, or access to the
Service.
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General practices regarding use and storage
You acknowledge that Hermit Search. Com and Hermits Group Inc. establish general practices and
limits concerning use of the Service, including without limitation the
maximum number of days that email messages, message board postings or
other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an
account on the Service, the maximum size of any email message that may
be sent from or received by an account on the Service, the maximum disk
space that will be allotted on Hermits Group Inc. servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that Hermit Search. Com and Hermits Group Inc. has no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that Hermit Search. Com or Hermits Group Inc. reserves the right to log off accounts that are inactive for an extended period of
time. You further acknowledge that Search. Com or Hermits Group Inc. the right to modify
these general practices and limits from time to time.
Hermit Search. Com or Hermits Group Inc. reserves the right at any time and from time to time tomodify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that Hermit Search. Com or Hermits Group Inc. shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
You agree that Hermit Search. Com or Hermits Group Inc. may, certain circumstances and without prior notice,
immediately terminate your Hermit Search. Com or Hermits Group Inc. any associated email
address, and access to the Service. Cause for such termination shall
include, but not be limited to,
(a) breaches or violations of the Search. Com or Hermits Group Inc.
or other incorporated agreements or guidelines,
(b) requests by law
enforcement or other government agencies,
(c) a request by you
(self-initiated account deletions),
(d) discontinuance or material
modification to the Service (or any part thereof),
(e) unexpected
technical or security issues or problems,
(f) extended periods of
inactivity, (g) engagement by you in fraudulent or illegal activities,
and/or
(g) nonpayment of any fees owed by you in connection with the
Services. Termination of your Hermit Search. Com or Group Inc.
(h) deletion of your
password and all related information, files and content associated with
or inside your account (or any part thereof), and
(i) barring of
further use of the Service. Further, you agree that all terminations
for cause shall be made in Hermit Search. Com or Hermits Group Inc. discretion and that Hermit Search. Com or Hermits Group Inc. shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
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Dealings with advertisers
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that
Hermit Search. Com and Hermits Group Inc. shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of
the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Hermit Search. Com and Hermits Group Inc. has no control
over such sites and resources, you acknowledge and agree that Hermit Search. Com and Hermits Group Inc. is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any Content, advertising, products or other materials on or available
from such sites or resources. You further acknowledge and agree that
Hermit Search. Com or Hermits Group Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
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Hermit Search. Com or Hermits Group Inc. 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. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or by advertisers
is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by Hermit Search. Com and Hermits Group Inc. or advertisers, 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.
Hermit Search. Com and Hermits Group Inc. 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 from, 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, nor 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
Hermit Search. Com or Hermits Group Inc. for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN " AS IS" AND " AS AVAILABLE" BASIS. HERMITS GROUP INC AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
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HERMITS GROUP INC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM HERMITS GROUP INC/HERMIT SEARCH. COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
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A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN
OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN
EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
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LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HERMITS GROUP INC./HERMIT SEARCH. COM AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL
NOT BE LIABLE TO YOU 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 HERMITS GROUP INC/HERMIT SEARCH. COM 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.
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EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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Special Admonition for services relating to Financial matters
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, they go doubly for you. In addition,
for this type of information particularly, the phrase " Let the investor
beware"
is apt. The Service is provided for informational purposes
only, and no Content included in the Service is intended for trading or
investing purposes. Hermit Search. Com or Hermits Group Inc. and its licensors shall not be responsible
or liable for the accuracy, usefulness or availability of any
information transmitted or made available via the Service, and shall
not be responsible or liable for any trading or investment decisions
based on such information.
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No third-party beneficiaries
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third-party beneficiaries to this agreement.
Hermit Search. Com and Hermits Group Inc. may provide you with notices, including those regarding
changes to the TOS, by email, regular mail or postings on the Service.
Choice of Law and Forum.
This contract shall be interpreted and construed in accordance with the Federal Law of United States
Of America, without regard to its conflicts of laws provision, and with the same
force and effect as if fully executed and performed therein. Each party hereby
consents to the exclusive personal jurisdiction of the Federal Law of United
States Of America, acknowledges that venue is proper only in any state or
Federal court in the United States Of America, agrees that any action related
to this contract must be brought in a state or Federal court in the United
States Of America, and waives any objection that may exist, now or in the
future, with respect to any of the foregoing.
Credit Cards.
In the event that advertiser/agency pays any amounts due hereunder with a credit card and the
issuer of the credit card fails to pay the amounts authorized by
advertiser/agency, advertiser/agency shall immediately remit full payment to Hermits Group Inc. plus any interest due on the outstanding amounts. In addition, if advertiser/agency pays any amounts due hereunder with a credit card and the
issuer of the credit card seeks to recover from Hermits Group Inc. any amounts received by Hermits Group Inc. from the issuer, advertiser/agency shall immediately remit to Hermits Group Inc. all amounts necessary to comply with the issuer's request and any costs and expenses incurred by Hermits Group Inc.
Miscellaneous.
No public statements concerning the existence or terms of this contract will be made or released to any medium
except with the prior approval of both parties or as required by law.
Advertiser/agency may not resell, assign or transfer any of its rights
hereunder, and any attempt to resell, assign or transfer such rights shall
result in immediate termination of this contract, without liability to Hermits Group Inc. . If any portion of the contract is found unenforceable for any reason, the reminder will remain in full force and effect. No waiver by Hermits Group Inc. shall operate as a waiver of any other provision or any subsequent default. This document represents the entire agreement of the parties Hermits Group Inc. will not be bound by the representations of any agents, brokers, or other third parties. Any modifications must be in writing and signed by an
authorized representative of Hermits Group Inc. . All terms of this contract,which by their nature extend beyond its termination, remain in effect until
fulfilled and apply to the respective successors and assigns.
The undersigned is legally empowered with due corporate
authority to enter into this contract and agrees to be bound by the Terms and
Conditions of this contract.
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