Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, 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 the Website or use any services. If these terms and conditions are considered an offer by Herald Quest, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your heraldquest.com Account and Site. If
you createa blog/site on the Website, you are responsible for maintaining thesecurity of your account and blog, and you are fully responsible for allactivities that occur under the account and any other actions taken inconnection with the blog. You must not describe or assign keywords toyour blog in a misleading or unlawful manner, including in a manner intendedto trade on the name or reputation of others, and Herald Quest maychange or remove any description or keyword that it considers inappropriateor unlawful, or otherwise likely to cause Herald Quest liability. You must immediately notify Herald Quest of any unauthorized usesof your blog, your account or any other breaches of security. Herald Quest will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the
Content inquestion constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to
third partysites or boost the search engine rankings of third partysites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers
into thinkingthat you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses
of the materials, whether requested to do so by Herald Quest andeffects or otherwise. By submitting Content to Herald Quest for inclusion on your Website, you grant Herald Quest a world-wide, royalty-free, and non-exclusive licenseto reproduce, modify, adapt and publish the Content solely for thepurpose of displaying, distributing and promoting your blog. If you deleteContent, Herald Quest will use reasonable efforts to remove it fromthe Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Herald Quest has the right (though not the obligation) to, in Herald Quest’s sole discretion (i) refuse or remove any content that, in Herald Quest’s reasonable opinion, violates any Herald Quest policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Herald Quest’s sole discretion. Herald Quest will have no obligation to provide arefund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Herald Quest
the one-timeand/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you signup for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Herald Quest before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or
other payment mechanismwe have on record for you. Upgrades can be canceled at anytime by submitting your request to Herald Quest in writing.
- General Terms.
- Fees; Payment. By signing up for a Services
account youagree to pay Herald Quest the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your servicesare established and in advance of using such services. Herald Quest reserves the right to change the payment terms and fees upon thirty(30) days prior written notice to you. Services can be canceled byyou at anytimeon thirty (30) days written notice to Herald Quest.
- Support. If your service includes access
to priorityemail support. “Email support” means the ability to make requestsfor technical support assistance by email at any time ( with reasonableefforts by Herald Quest to respond within two business day) concerning the use of the VIP Services. “Priority” means that support takespriority over support for users of the standard or free heraldquest.com services. All support will be provided in accordance withHerald Queststandard services practices, procedures andpolicies.
- Fees; Payment. By signing up for a Services
- Responsibility of Website Visitors. Herald Quest has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot
responsible for that material’s content, use or effects. thereforebe By operatingthe Website, Herald Quest does not represent or imply that it endorsesthe material there posted, or that it believes such material to beaccurate, useful or non-harmful. You are responsible for taking precautionsas necessary to protect yourself and your computer systems fromviruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwiseobjectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may alsocontain material that violates the privacy or publicity rights, or infringesthe intellectual property and other proprietary rights, of thirdparties, or the downloading, copying or use of which is subject to additionalterms and conditions, stated or unstated. Herald Quest disclaimsany responsibility for any harm resulting from the use by visitorsof the Website, or from any downloading by those visitors of contentthere posted.
- 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 heraldquest.com links, and that link to heraldquest.com. Herald Quest doesnot have any control over those non-Herald Quest websites and and is not responsible for their contents or their use. webpages, By linkingto a non-Herald Quest website or webpage, Herald Quest does not representor imply that it endorses such website or webpage. You are responsiblefor taking precautions as necessary to protect yourself and yourcomputer systems from viruses, worms, Trojan horses, and other harmfulor destructive content. Herald Quest disclaims any responsibilityfor any harm resulting from your use of non-Herald Quest websitesand webpages.
- Copyright Infringement and DMCA Policy. As Herald Quest asks others to respect its intellectual property rights,
it respectsthe intellectual property rights of others. If you believe that materiallocated on or linked to by heraldquest.com violates your copyright, you are encouraged to notify Herald Quest in accordance with Herald Quest’s Digital Millennium Copyright Act (“DMCA”) Policy. Herald Quest will respond to all such notices, including as required or appropriateby removing the infringing material or disabling all links tothe infringing material. Herald Quest will terminate a visitor’s accessto and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or otherintellectual property rights of Herald Quest or others. In the caseof such termination, Herald Quest will have no obligation to providea refund of any amounts previously paid to Herald Quest.
- Intellectual Property. This Agreement does
not transferfrom Herald Quest to you any Herald Quest or third party intellectualproperty, and all right, title and interest in and to such propertywill remain (as between the parties) solely with Herald Quest. Herald Quest, heraldquest.com, the heraldquest.com logo, and all other trademarks, service marks, graphics and logos used in connection with heraldquest.com, or the Website are trademarks or registered trademarks ofHerald Quest or Herald Quest’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarksof other third parties. Your use of the Website grants you noright or license to reproduce or otherwise use any Herald Quest or third-partytrademarks.
- Advertisements. Herald Quest reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Herald Quest reserves the right
to displayattribution links such as ‘Blog at heraldquest.com,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s
terms ofservice. You can opt outof their terms of service at any time by de-activatingthe partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name,
you acknowledgeand agree that use of the domain name is also subject to the policiesof the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. Herald Quest reserves the right, at
its solediscretion, to modify or replace any part of this Agreement. It is yourresponsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of anychanges to this Agreement constitutes acceptance of those changes. Herald Quest may also, in the future, offer new services and/or features throughthe Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the termsand conditions of this Agreement.
- Termination. Herald Quest may terminate your
access toall or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate thisAgreement or your heraldquest.com account (if you have one), you maysimply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Herald Quest if you materially breach this Agreement and fail to cure such breach within thirty (30) days fromHerald Quest’s notice to you thereof; provided that, Herald Quest can terminate the Website immediately as part of a general shut down of our service. All provisionsof this Agreement which by their nature should survive terminationshall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Herald Quest and its suppliers
and licensorshereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Herald Quest nor its suppliers and licensors,makes any warranty thatthe Website will be error freeor that access thereto will be continuousor uninterrupted. You understand that you download from, or otherwiseobtain content or services through, the Website at your own discretionand risk.
- Limitation of Liability. In no event will Herald Quest, or its suppliers or licensors, 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; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Herald Quest under this agreement during the twelve (12) month period prior to the cause of action. Herald
Quest shallhave no liability for any failure or delay due to matters beyond theirreasonable control. The foregoing shall not apply to the extent prohibitedby applicable law.
- Indemnification. You agree to indemnify and hold harmless Herald Quest, 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 the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes
the entireagreement between Herald Quest and you concerning the subject matterhereof, and they may only be modified by a written amendment signedby an authorized executive of Herald Quest, or by the posting by Herald Quest of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the 1036 N Dearborn, Atp 214, Chicago, IL 60611, 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 Chicago. 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 ,in the English language and thearbitral decision may be enforced in any court. The prevailing partyin any action or proceeding to enforce this Agreement shall be entitledto costs and attorneys’ fees. If any part of this Agreement is heldinvalid or unenforceable, that part will be construed to reflect theparties’ original intent, and the remaining portions will remain in fullforce and effect. A waiver by either party of any term or condition ofthis Agreement or any breach thereof, in any one instance, will not waivesuch term or condition or any subsequent breach thereof. You may assignyour rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Herald Quest may assignits rights under this Agreement without condition. This Agreement willbe binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
1036 N Dearborn, Atp 214,
Chicago, IL 60611,
Contact No.: +1 (773) 654-0355