Terms and Conditions
Please read this agreement carefully before accessing or using this site. By accessing or using the site, you agree to be bound by this agreement. brianhero.com, and other entities providing information and services on the site (“Suppliers”), provide the information and services on this site to you, the user, conditional upon your acceptance without modification of the terms, conditions and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions and notices.
The information and services offered on this website are provided with the understanding that neither brianhero.com nor its Suppliers or users are engaged in rendering legal or other professional services or advice. Your use of the site is subject to the additional disclaimers and caveats that may appear throughout the site.
brianhero.com and its Suppliers assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this site. While brianhero.com strives to keep the information on this site accurate, complete and up-to-date, brianhero.com and its Suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
Personal and Limited Commercial Use Limitations
You may access, download and print materials on this site for your personal and commercial use. You may not modify, display, perform, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this site. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. If and when requested by brianhero.com you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of brianhero.com, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this site. Unauthorized individuals attempting to access prohibited areas of this site may be subject to prosecution.
All materials on this site (as well as the organization and layout of the site) are owned and copyrighted by brianhero.com or its Suppliers, and all rights are reserved. No reproduction, distribution or transmission of the copyrighted materials at this site is permitted without the written permission of brianhero.com and its Suppliers.
No Unlawful or Prohibited Use
As a condition of your use of this website, you warrant to brianhero.com and its Suppliers that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions and notices. If you violate any of these terms, your permission to use the website automatically terminates.
You use this website at your own risk. If your use of this website or the materials therein results in the need for servicing or replacing property, material, equipment or data, neither brianhero.com nor its Suppliers are responsible for those costs. The information, software, products, and services published on this website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. brianhero.com and/or its respective Suppliers may make improvements and/or changes to this website at any time without notice.
All information, products, and services are provided “as is” without warranty of any kind. In no event shall brianhero.com and/or its Suppliers be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, products and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if brianhero.com or any of its Suppliers has been advised of the possibility of damages. In the event some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to indemnify, defend and hold harmless brianhero.com and Suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this agreement.
Links To Third-Party Sites
Terminating the Website
brianhero.com retains the right at any time to discontinue, modify or temporarily or permanently terminate the website with or without notifying you. If we discontinue, modify or terminate the site in whole or in part, we will not be liable to you or any third party for such discontinuance, modification or termination.
Changes to Site
brianhero.com and its Suppliers may make improvements or changes to the information, services, products and other materials on this site, or terminate this site, at any time without notice. brianhero.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.
Viruses; Destruction of the Website
You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs intended to or which does interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including brianhero.com systems. You also agree not to interfere with the servers or networks connected to the site or to disobey any requirements, procedures, policies or regulations of networks connected to the site. Any attempt by a user to deliberately damage the website or to undermine the operation of any aspect or component of the website constitutes a violation of criminal and civil laws.
Communications on the Site
Although brianhero.com may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like which may appear from time to time on the website, brianhero.com is under no obligation to do so and assumes no responsibility or liability arising from the content of any such communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such communications on the website. You are prohibited from posting or transmitting any inaccurate, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. brianhero.com will fully cooperate with any law enforcement authorities or court order requesting or directing brianhero.com to disclose the identity of anyone posting any such information or materials.
This agreement and the resolution of any dispute related to this agreement or the site shall be governed by and construed in accordance with the laws of Massachusetts and the United States, without giving effect to any principles of conflicts of law. brianhero.com’s or Suppliers’ failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between brianhero.com and you related to this agreement shall be brought exclusively in a state or federal court of competent jurisdiction in Coral Gables, Florida.
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