We run a blog called Herbstead and would love for you to read it. The information on Herbstead reflects our personal experience and knowledge and your use of it is not meant to replace the advice of your health care professional. We would also love for you to share your experiences and opinion on Herbstead. However, make sure to publish responsibly. In particular, make sure not to spam or post links to malicious websites in the comments section. And be kind to others. Everybody appreciates being treated with kindness and respect. Remember, you are not allowed to re-transmit, print, or photocopy the materials on this blog for re-distribution in any medium for professional use without the written permission of Herbstead.com.
The following terms and conditions govern all use of the Herbstead.com website and all content, services, and products available at or through the website, (our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by us (collectively, the “Agreement”). You agree that we may automatically upgrade our Services.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by us, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not use our Services. Any person who provides their personal information to our Services represents that they are 13 years of age or older.
1. Responsibility of Visitors.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content containing technical inaccuracies, typographical mistakes, and other errors. We disclaim any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content posted to Herbstead.com.
2. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Herbstead.com links, and that link to it. We do not have any control over other websites, and are not responsible for their contents or their use. By linking to another website, we do not represent or imply that we endorse such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of Herbstead.com.
3. Intellectual Property.
This Agreement does not transfer from us to you any of our or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. Your use of our Services grants you no right or license to reproduce or otherwise use any of our or third-party trademarks.
Visitors may post comments, questions or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings,or any form of “spam.” You may not impersonate any person or entity, or otherwise mislead as to the origin of the content of your posts in the comment section. We reserve the right to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant us a non exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Herbstead.com for all claims resulting from content you supply. We have the right to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
4. Copyright Infringement and DMCA Policy.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by Herbstead.com violates your copyright, you are encouraged to notify us in accordance with Automattic’s Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
5. Disclaimer of Warranties.
Our Services are provided “as is.” We hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We do not make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
6. Limitation of Liability.
In no event will we be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages or injury, direct or indirect, resulting from your access to, or inability to access, our Service, or from your reliance on any information provided at Herbstead.com or at any site to which it links; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use, site unavailability or loss or corruption of data; or (iv) for any accuracy, currency, or completeness of the information provided on Herbstead.com. We shall have no liability for any failure or delay due to matters beyond their reasonable control; The foregoing shall not apply to the extent prohibited by applicable law.
7. General Representation and Warranty.
You agree to indemnify and hold harmless Herbstead.com, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between us and you concerning the subject matter hereof, and they may only be modified by the posting by us of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Lower Saxony, Germany, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Landkreis Harburg, Lower Saxony. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Winsen, Lower Saxony, in the German language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.