1. Introduction The following Terms of Service (“Terms”) are between Hove44 (“Company”, “we”, “us”, “our”) and our users (“you”, “your”). These Terms govern your use of the Hove44 blog (the “Blog”), which provides information and reviews on software services, health products and ebooks. Your access and use of the Blog is subject to these Terms and all applicable laws. By accessing or using the Blog, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Blog. Please read the Terms carefully, as they may have changed since your last visit to the
Blog. 2. Use of the Blog 2.1 You agree to use the Blog only for lawful purposes and in accordance with these Terms. You agree not to use the Blog: (a) In any way that violates any applicable national or international law or regulation. (b) To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms. (c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation. (d) 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 or screen names associated with any of the foregoing). (e) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Blog, or which, as determined by us, may harm the Company or users of the Blog or expose them to liability. 2.2 Additionally, you agree not to: (a) Use the Blog in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Blog, including their ability to engage in real time activities through the Blog. (b) Use any robot, spider or other automatic device, process or means to access the Blog for any purpose, including monitoring or copying any of the material on the Blog. (c) Use any manual process to monitor or copy any of the material on the Blog or for any other unauthorized purpose without our prior written consent. (d) Use any device, software or routine that interferes with the proper working of the Blog. (e) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. (f) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Blog, the server on which the Blog is stored, or any server, computer or database connected to the Blog. (g) Attack the Blog via a denial-of-service attack or a distributed denial-of-service attack. (h) Otherwise attempt to interfere with the proper working of the
Blog. 3. User Content 3.1 The Blog may contain user created content (“User Content”). You are solely responsible for your own User Content and the consequences of posting or publishing it. 3.2 You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Blog and these Terms. 3.3 We have the right (though not the obligation) to, in our sole discretion, refuse or remove any User Content that is available via the
Blog. 4. Disclaimer of Warranties 4.1 The Blog is provided “as is” and “as available.” We make no representations or warranties of any kind, express or implied, as to the Blog’s operation or the information, content, materials, or products included on the Blog. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
5. Limitation of Liability 5.1 To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not the Company has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) aggregate liability for all claims relating to the Blog more than the greater of $100 or the amounts paid by you to the Company in the past six months in connection with the Blog. 6. Indemnification You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Blog; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the
Blog. 7. General 7.1. The Terms constitute the entire agreement between you and the Company and govern your use of the Blog, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms). 7.2. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced to the fullest extent under law. 7.3. The failure of the Company to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company. 7.4. These Terms and any action related thereto will be governed by the laws of the State of ________ without regard to its conflict of laws provisions. 7.5. The exclusive jurisdiction and venue for actions related to the subject matter hereof will be the state and federal courts located in ________, and you hereby submit to the personal jurisdiction of such courts. 7.6. If you have any questions about these Terms, please contact us at plr@hove44.com
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