EFFECTIVE DATE: OCTOBER 1, 2018
AGREEMENT BETWEEN USER AND WOLF AND HERON LLC AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “WOLF & HERON”)
The Wolf & Heron Website is composed of various web pages operated by Wolf & Heron. “Wolf & Heron Website” shall be defined herein to include www.wolfandheron.com and all other web pages operated or hosted exclusively by Wolf & Heron (“Services”).
The Wolf & Heron Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Wolf & Heron Website constitutes your agreement to all such terms, conditions and notices.
Wolf & Heron reserves the right to disclose aggregated data, or information or statements we publish without attribution to any identifiable individual, or specific data or statements that you separately and specifically agree we can share with the larger public or media, without infringing upon the user's confidentiality.
LINKS TO THIRD PARTY SITES
The Wolf & Heron Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Wolf & Heron, and Wolf & Heron is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wolf & Heron is not responsible for webcasting or any other form of transmission received from any Linked Site. Wolf & Heron is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wolf & Heron of the site or any association with its operators.
HYPERLINKS TO THE WOLF & HERON WEBSITE
You may create text hyperlinks to the Wolf & Heron Website, provided such links do not, directly or indirectly, (a) portray Wolf & Heron or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner; or (b) contain any adult or illegal material, or any material that is offensive, harassing or otherwise objectionable.
PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Wolf & Heron for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Wolf & Heron immediately at email@example.com. You agree to not share access to the Wolf & Heron Website.
TERMS OF SALE
Please read these Terms of Sale carefully as they form the basis of your contract with Wolf & Heron. This agreement is made at the time of ordering products or services from Wolf & Heron and becomes legally binding upon your first payment for the products or services. By purchasing products and services from Wolf & Heron, you signify you have read and accepted these Terms of Sale. Furthermore, once payment for the products or services is received by Wolf & Heron from you, your order is non-cancelable by you.
(a) Ordering and Product/Services Policies
You must be 18 years of age or over and possess the legal capacity and authority to purchase products or services from Wolf & Heron. You may not purchase Wolf & Heron products or services for any illegal or unauthorized purpose. Wolf & Heron reserves the right to refuse service to anyone for any reason at any time.
Wolf & Heron may, in its sole discretion, limit or cancel quantities purchased per person, per entity or per order, which may be due to limitations on availability of products or services, or other legitimate reasons. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Wolf & Heron makes a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Wolf & Heron reserves the right to discontinue the offering or sale of any product or service at any time. Any offer for purchase of any product or service made to Wolf & Heron on the Wolf & Heron Website is void where prohibited.
Prices for Wolf & Heron products and services are subject to change without notice, in the sole discretion of Wolf & Heron.
Wolf & Heron is not liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product or service.
(b) Payment and Credit Card Services
You agree to provide current, complete and accurate purchase and account information to Wolf & Heron for all purchases made at the Wolf & Heron Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Wolf & Heron can complete your transactions and contact you as needed. Credit card information is processed for Wolf & Heron via third-party processing companies, and encrypted during transfer over networks.
(c) Refund Policy
All products and services sold or licensed by Wolf & Heron are nonrefundable.
(d) Proprietary Rights and IP Licenses; Publicity & Photo Releases
The products and services you purchase from Wolf & Heron, whether sold through the Wolf & Heron Website or other sales channel, comprise the intellectual property of Wolf & Heron (the “WHIP”). Wolf & Heron owns all right, title and interest to the WHIP, and your purchase of a product or service from Wolf & Heron grants you a limited, fully-paid, non-transferable, non-exclusive license to use one (1) licensed instance of the WHIP for the purposes intended by Wolf & Heron with respect to its product and services offerings. Your failure to pay any sums due for any Wolf & Heron product or service, or your making of any unauthorized copy of any Wolf & Heron product or service, automatically terminates this license. By purchasing any Wolf & Heron product or service, you hereby assign all right, title and interest in any ideas, inventions or improvements you may conceive of which are related to or derived from the WHIP to Wolf & Heron.
Additionally, Wolf & Heron occasionally uses the likenesses and comments of those who use its products and services to help advertise or market such products or services. Where appropriate, Wolf & Heron shall request from such product/services users written permission to use such likenesses or comments.
USE OF COMMUNICATION SERVICES
The Wolf & Heron Website may contain services, such as blog posting or other facilities (collectively, “Communication Services”) designed to enable you to communicate with an individual, the public at large or with a group. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. To use the Communication Services you represent and warrant that you are at least of 18 years of age.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Advertise or offer to sell or buy any goods or services for any business purpose;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
Interfere with or disrupt the integrity or performance of the Communication Services, any portion or contents thereof, or related systems or networks;
Violate any applicable laws or regulations.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. Wolf & Heron does not control or endorse the content, messages or information found in any Communication Service and, therefore, Wolf & Heron specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Wolf & Heron Website, you warrant to Wolf & Heron that you will not use the Wolf & Heron Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. Specifically, You are not allowed to (directly or indirectly): (a) resell or otherwise make commercial use of the Wolf & Heron Website or its contents; (b) collect or use any images, descriptions, or other content included in the Wolf & Heron Website contents, or any portion thereof; (c) copy, imitate, distribute, publicly perform, or publicly display any Wolf & Heron Website contents; (d) modify or otherwise make any derivative uses of the Wolf & Heron Website or its contents, or any portion thereof; (e) use data mining, robots or similar data gathering or extraction methods on the Wolf & Heron Website; (f) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the Wolf & Heron Website; (g) introduce into the Wolf & Heron Website any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system; (h) remove or alter any proprietary notices or labels on or in the Wolf & Heron Website; (i) use the Wolf & Heron Website to directly or indirectly develop any product or service that competes with the Wolf & Heron Website; (j) download (other than page caching) any portion of the Wolf & Heron Website or its contents or any information contained therein, except as expressly permitted on the Wolf & Heron Website; or (k) use the Wolf & Heron Website or its contents other than for their intended purpose.
You may not use the Wolf & Heron Website in any manner, which could damage, disable, overburden, or impair the Wolf & Heron Website or interfere with any other party's use and enjoyment of the Wolf & Heron Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Wolf & Heron Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.
MATERIALS PROVIDED TO WOLF & HERON OR POSTED TO ANY WOLF & HERON WEBSITE
Wolf & Heron does not claim ownership of the materials you provide to Wolf & Heron (including feedback and suggestions) or post, upload, input or submit to any Wolf & Heron Website (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Wolf & Heron and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with Wolf & Heron.
No compensation will be paid with respect to the use of your Submission, as provided herein. Wolf & Heron is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Wolf & Heron’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Wolf & Heron reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the Wolf & Heron Website and the related services or any portion thereof at any time, without notice.
All contents of the Wolf & Heron Website and Wolf & Heron products and services are: Copyright 2017 - 2018 by Wolf and Heron. All rights reserved.
All Wolf & Heron trademarks are strictly owned by Wolf & Heron, and nothing in these terms can be construed to transfer ownership rights or grant any permission, license or other rights to any Wolf & Heron trademark without written authorization from Wolf & Heron.
The names of actual companies and products mentioned within the Wolf & Heron Website may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
PRIVACY AND PERSONAL INFORMATION
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WOLF & HERON WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WOLF & HERON MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WOLF & HERON WEBSITE AT ANY TIME.
WOLF & HERON MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OFFERED FOR PURCHASE THROUGH THE WOLF & HERON WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED OR OFFERED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WOLF & HERON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GENERAL LEGAL TERMS
You acknowledge and agree that the form and nature of the Services, which Wolf & Heron provides, may change from time to time with or without prior notice to you.
As part of Wolf & Heron’s continuing innovation, you acknowledge and agree that Wolf & Heron may stop (permanently or temporarily) providing the Services to you or to users generally at Wolf & Heron’s sole discretion, without prior notice to you. You may stop using the Services at any time.
You acknowledge and agree that while Wolf & Heron may not currently have set a fixed limit on the number of transmissions you may send, receive or store/manage through the Services, such fixed limits may be set by Wolf & Heron at any time, at Wolf & Heron’s discretion.