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Hermits Group LLC Branded Sites

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Terms and Conditions

Hermits Group LLC Terms And Conditions

THIS "SITE" IS A BRANDED SITE POWERED BY HERMITS GROUP LLC

1. Hermits Group LLC agrees to provide you (the "End User") a service that enables the "End User" the right to use our services to send and receive credits, buy, sell, promote products and advertising if those said credits are available in your said account.

2. Disclaimer of Warranties and Limitation of Liability - " HERMITS GROUP LLC" MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO ANY SERVICES AND/OR THE PERFORMANCE OF THE SERVICES; INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HERMITS GROUP LLC DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF ANY SERVICES AND/OR THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES AND THE PRODUCT IS ASSUMED BY THE END USER. HERMITS GROUP LLC SHALL NOT BE LIABLE TO END USER FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM THE BREACH OF ANY PAYMENTS OR CONTRACTS, THE FAILURE OF DELIVERY, DELAY IN DELIVERY, DELIVERIES IN NONCONFORMING CONDITION, THE USE OF THE SERVICES AND/OR THE PRODUCTS, OR FOR ANY OTHER BREACH OF CONTRACT OR DUTY BETWEEN SELLER, ADVERTISERS AND THE END USER. HERMITS GROUP LLC shall have no obligation to provide the Service, and shall have no liability to the End User in the event HERMITS GROUP LLCis unable, as may be determined in the sole discretion of HERMITS GROUP LLC: to make payment and or changes in methods of payment or operation that can make our serviceS unsuitable for the end user.

3. Effectiveness of Agreement - The End User's use of our Services shall not in any respect whatsoever modify any of the terms, conditions, or restrictions contained in the license agreement or other agreement by which the End User initially acquired rights to use the Product or services (the "End User Agreement"), and the use of our Services shall in each and every instance remain subject to the terms, conditions, and restrictions contained in the End User Agreement.

4. General - Any and all claims or disputes relating to the Services shall be governed by the laws of the State of Florida For the purpose of resolving conflicts relating to any Services, HERMITS GROUP LLC and the End User agree that venue shall be in the State of Florida only, and, in addition, the End User hereby consents to the jurisdiction of the federal and state courts in the State of Florida. HERMITS GROUP LLC may assign its rights and delegate its duties with respect to any Services without providing notice to, or receiving the consent of, the End User.

"Buyer beware - HERMITS GROUP LLC assumes absolutely no responsibility for any purchases made through the HERMITS GROUP LLC system. At any time you join an Income Opportunity or MLM program, or "matrix site" you are doing so at your own risk and that by signing up and joining any of HERMITS GROUP LLC branded sites you do hearby agree in FULL that you release HERMITS GROUP LLC and all its affiliates and officers, employees and owners from ANY loss you may incur by signing up on one of the aforementioned type websites and or businesses, you completely indemnify us and agree that HERMITS GROUP LLC will not be named by you or anyone that represents you in any actions, in ANY capacity against any of the aforementioned types of websites or businesses, if you have a disagreement with one of the aforementioned type businesses then you agree that it is STRICTLY between YOU and THAT BUSINESS , and HERMITS GROUP LLC has no part of the dispute.. and that by signing up for your account you agree that this is a contract, and that you FULLY and WILLINGLY AGREE to ALL CONDITIONS mentioned EVERYWHERE in this user agreement.. we are only an advertising agent and have no control of what these sites do and do not to . We do not hold any responsibility if the product, service or program turns out to not be what you thought it was, or if they don't hold up to their promises. You should thoroughly investigate any opportunity before making the decision to join or buy - if it sounds too good to be true, it usually is.


HERMITS GROUP LLC MLM Policies
While HERMITS GROUP LLC does accept MLM and Income Opportunity vendors, you should note that joining any MLM or Income Opportunity is done at your own risk. There are many legitimate opportunities on the Internet and each one should be carefully investigated before making any decision to join. HERMITS GROUP LLC will not offer refunds nor hold responsiable these or any other purchases. These matters should be taken up with the vendor.

Restricted Activities. Your Information and your activities (including your payments and receipt of payments) through our Services shall not: be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or stolen items; consist of providing yourself a cash advance from your credit card (or helping others to do so), violate HERMITS GROUP LLC Acceptable Use Policy; infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti discrimination, or false advertising); be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography; contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.


Hermits Group LLC Branded Site Online Advertising

General.

A signed contract with proper company’s stamp must be submitted to Hermits Group LLC Advertising Agents five days in advance of initial publication date. By submitting advertising for inclusion on any Hermits Group LLC 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 LLC unless specifically agreed to in writing by Hermits Group LLC. Hermits Group LLC 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 LLC rate cards and any previous agreements between Hermits Group LLC and advertiser/agency relating to the subject matter set forth herein. Hermits Group LLC only obligation to serve advertisements hereunder shall be to serve advertisements of the advertiser described herein, and in no event shall Hermits Group LLC 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 LLC advertising team reserved all rights to refuse any copy changes after the published closing date of the update to the Hermits Group LLC 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 LLC at least seven days in advance upon requested change date. Hermits Group LLC advertising specifications are accessible through the URL http://www.hermitsgroup.com/advertise.html Hermits Group LLC 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 LLC. Change orders cannot be submitted upon confirmation or more than once every fourteen days. This contract maybe canceled or changed

(i) by Hermits Group LLC at any time for any or no reason without notice, or

(ii) by advertiser/agency on 30 days written notice to Hermits Group LLC.

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 LLC, at its option, may immediately terminate the contract. In addition, advertiser/agency shall be liable to Hermits Group LLC 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 LLC 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 Makegood.

All figures relating to the number of advertisements served as determined by Hermits Group LLC shall govern, regardless of whether advertiser/agency is using the services of a third party ad server. If Hermits Group LLC fails to provide the guaranteed number of impressions, Hermits Group LLC will make good on this contract as described below. Hermits Group LLC 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 LLC advertising contracts runs in the form of advertising credits spelled at the following URL http://www.hermitsgroup.com/advertise.htm, 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 LLC and its crew members be held responsible for any service interruptions due to insufficient credits.

Redesigning of the Hermits Group LLC Network Sites or Services.

Advertiser/agency acknowledges that,consistent with Hermits Group LLC need for editorial discretion, Hermits Group LLC 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 LLC 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 LLC previously-issued policies, advertising relating to the following goods and services is prohibited: firearms, gambling, and illegal products. Hermits Group LLC 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 LLC 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 LLC. 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 LLC acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severely indemnify and hold harmless Hermits Group LLC 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 LLC 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 LLC.

Limitation of Liability.

In the event (i) Hermits Group LLC fails to publish an advertisement in accordance with the schedule provided in the Insertion Order, (ii) Hermits Group LLC 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 LLC to advertiser/agency shall be limited to, at Hermits Group LLC 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 LLC is not responsible for the quality and/or clarity of any Internet radio, audio or video advertisements. UNDER NO CIRCUMSTANCES WILL HERMITS GROUP LLC 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 LLC HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

  • Additional Terms For using of Hermit Search. Com

    Hermit Search. Com and Hermits Group LLC 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 LLC to provide services. You also understand and agree that the Service may include certain communications from Hermits Group LLC, such as service announcements, administrative messages and the Hermits Group LLCNewsletter, and that these communications are considered part of Hermits Group LLCmembership 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 Hermits Group LLC or any of our branded sitesproperties, shall be subject to the Hermits Group LLC TOS. You understand and agree that the Service is provided "AS-IS" and that Hermits Group LLC 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 LLC has 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.

  • 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). Hermits Group LLCis 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 below) are appropriate for your child.

  • Member Conduct
  • 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 Hermits Group LLC , are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Hermits Group LLC 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 Hermits Group LLC 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:

    1. 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;
    2. harm minors in any way;
    3. impersonate any person or entity, including, but not limited to, a Hermit Search. Com or Hermits Group LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    5. 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);
    6. 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;
    7. 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.
    8. 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;
    9. 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;
    10. 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;
    11. 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;
    12. 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;
    13. "stalk" or otherwise harass another; and/or
    14. 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 LLC may or may not pre-screen Content, but that Hermits Group LLC and 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, Hermits Group LLC and its designees shall have the right to remove any Content that violates the Hermits Group LLCTOS 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 Hermits Group LLCor submitted to Hermit Search. Com and Hermits Group LLC in all other parts of the Service.

    You acknowledge, consent and agree that Hermit Search. Com and Hermits Group LLC 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 Hermits Group LLC 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.

  • Content Submitted or made available for inclusion on our service
  • Hermit Search. Com and Hermits Group LLC 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 Hermits Group LLC 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 LLC, 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 LLC 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 Hermits Group LLC 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 LLC, 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 LLC 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 LLC, the perpetual, irrevocable and fully sublicensable 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 LLC network of properties that are intended by Hermits Group LLC 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 LLC that are limited to members.

  • Indemnity
  • You agree to indemnify and hold Hermit Search. Com and Hermits Group LLC and 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.

  • No resale of service

    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 LLC ), use of the Service, or access to the Service.

  • General practices regarding use and storage

    You acknowledge that Hermit Search. Com and Hermits Group LLC may 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 LLC 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 Hermits Group LLC 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 Hermits Group LLC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Hermits Group LLC reserves the right to modify these general practices and limits from time to time.

  • Modification to service

    Hermit Search. Com or Hermits Group LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Hermits Group LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  • Termination

    You agree that Hermit Search. Com or Hermits Group LLC may, under certain circumstances and without prior notice, immediately terminate your Hermits Group LLC account, 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 Hermit Search. Com or Hermits Group LLC TOS 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 Hermits Group LLC account

    (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 Hermits Group LLC 's sole discretion and that Hermit Search. Com or Hermits Group LLC 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.

  • 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 Hermits Group LLC 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.

  • Links

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Hermits Group LLC has no control over such sites and resources, you acknowledge and agree that Hermits Group LLC 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 Hermits Group LLC 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.

  • Hermit Search. Com or Hermits Group LLC 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 Hermits Group LLC 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 LLC 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 Hermits Group LLC for use in accessing the Service.

  • DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HERMITS GROUP LLC 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.
    2. HERMITS GROUP LLC 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.
    3. 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.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HERMITS GROUP LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
    5. 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.

  • LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT HERMITS GROUP LLC/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 LLC 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.

  • 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.

  • 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. Hermits Group LLC 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.

  • 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.

  • Notice

    Hermit Search. Com and Hermits Group LLC 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 LLC 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 LLC any amounts received by Hermits Group LLC from the issuer, advertiser/agency shall immediately remit to Hermits Group LLC all amounts necessary to comply with the issuer's request and any costs and expenses incurred by Hermits Group LLC.

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 LLC. 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 LLC shall operate as a waiver of any other provision or any subsequent default. This document represents the entire agreement of the parties; Hermits Group LLC 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 LLC. 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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