Terms and Conditions of Using the HemoCleanse.com WebSite

1. General.
(A) This Agreement sets forth the terms and conditions that apply to use of The WebSite by User. By using The WebSite (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use The WebSite is personal to User and is not transferable to any other person or entity. User is responsible for ensuring that all use complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.

(B) HemoCleanse.com shall have the right at any time to change or discontinue any aspect or feature of The WebSite, including, but not limited to, content, hours of availability, and equipment needed for access or use

2. Modification of Terms.
HemoCleanse.com shall have the right at any time to change or modify the terms and conditions applicable to User’s use of The WebSite, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on The WebSite, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of The WebSite by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

3. User Online Conduct.
The provisions of Section 3 are for the benefit of HemoCleanse.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

(A) User shall use The WebSite for lawful purposes only. User shall not post or transmit through The WebSite any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without HemoCleanse.com’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in HemoCleanse.com’s discretion restricts or inhibits any other User from using or enjoying The WebSite will not be permitted. User shall not use The WebSite to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Users of other on-line information services competitive with The WebSite.

(B) The WebSite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of The WebSite are copyrighted as a collective work under the United States copyright laws. HemoCleanse.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of HemoCleanse.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) User shall not upload, post or otherwise make available on The WebSite any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of The WebSite, User automatically grants, or warrants that the owner of such material has expressly granted Hemocleanse.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants HemoCleanse.com the right to edit, copy, publish and distribute any material made available on The WebSite by User.

4. Limitation of Liability; Disclaimer of Warranty.

(A) USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK. NEITHER HemoCleanse.com THE WEBSITE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.

(B) THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT HemoCleanse.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

(D) IN NO EVENT WILL THE WEBSITE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE WEBSITE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, HemoCleanse.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, HemoCleanse.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

5. Monitoring.
HemoCleanse.com shall have the right, but not the obligation, to monitor the content of The WebSite, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by HemoCleanse.com and to satisfy any law, regulation or authorized government request. HemoCleanse.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on The WebSite. Without limiting the foregoing, HemoCleanse.com shall have the right to remove any material that HemoCleanse.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

6. Indemnification.
User agrees to defend, indemnify and hold harmless HemoCleanse.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of The WebSite by User or User’s Account.

7. Termination.
Either HemoCleanse.com or User may terminate this Agreement at any time. Without limiting the foregoing, HemoCleanse.com shall have the right to immediately terminate User’s right to use the WebSite in the event of any conduct by User which HemoCleanse.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 3, 4, 6, 8 and this Section 7 shall survive termination of this Agreement.

8. Trademarks and Copyrights.
HemoCleanse.com and its logo are trademarks of HemoCleanse.com, Inc. All rights reserved. All other trademarks appearing on The WebSite are the property of their respective owners. HemoCleanse.com respects the rights of all copyright holders and in this regard, HemoCleanse.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact HemoCleanse.com with notice of the infringement.

9. Third Party Content.
HemoCleanse.com is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, HemoCleanse.com has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users of The WebSite, are those of the respective author(s) or distributor(s) and not of HemoCleanse.com. Neither HemoCleanse.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 4 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through The WebSite represents the opinions and judgments of the respective information provider, or User not under contract with HemoCleanse.com. HemoCleanse.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on The WebSite by anyone other than authorized HemoCleanse.com employee spokespersons while acting in their official capacities. Under no circumstances will HemoCleanse.com be liable for any loss or damage caused by a User’s reliance on information obtained through The WebSite. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through The WebSite. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

10. Miscellaneous.
This Agreement and any operating rules for The WebSite established by HemoCleanse.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Links to third party sites are provided to you only as a convenience and do not imply endorsement. Grdiiron.com is not responsible for the content of the linked site, or any consequence of user interaction with the third party sites. User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of The WebSite and all charges related thereto. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Broward County, Florida and shall be binding upon the parties to the arbitration proceeding.

11. Contacting the WebSite.
If you have any questions about this Terms and Conditions of Use, the practices of this site, or your dealings with this WebSite you can contact:

HemoCleanse, Inc.
West Lafayette, IN
47906