The current agreement applies but is not limited to the website and any branded microsites as well as affiliated apps currently available for mobile device use. The term “mobile device”, as present in the current TOU applies but is not limited to smartphones, mobile phones, handheld devices, and tablets capable of wireless, 3G or 4G data exchange.
Accessing the Site
You confirm hereby that you have reached the legal age that allows you to enter a binding contract and are not barred by any applicable jurisdiction from using the services provided by America Herald.
Use of Material Appearing on America Herald
The user’s use of America Herald is restricted for personal, non-commercial, purely informative use. By accessing the website, you confirm to have acknowledged that America Herald represents the only owner of any material presented on the website, including but not restricted to all applicable copyrights, patents, trade secrets, trade names, trademarks, logos, intellectual property, articles, images, graphics, audio material, video material.
For personal, non-commercial use, the materials may be printed as extracts or downloaded, however, author attribution, copyright and trademark notices must be abided by. Any other use of the content and materials from America Herald must be previously discussed with the website’s owners. When not expressly authorized and without written approval, you are NOT allowed to use materials and content provided by America Herald, republish, reprint, distribute, or use it in any other form not specified herein.
You may not:
- Download or print America Herald content or extracts systematically
- Create a database in any paper or electronic form
- Reproduce, modify, republish, archive, distribute, store or commercially exploit the content provided by America herald
- Modify or adapt the materials provided by America Herald
- Copy the data provided in the website by means of crawlers, spiders, robots or automatic software.
This permission represents a grant of license and not a transfer of title.
If you desire to discuss using the content found on America Herald for different purposes than those specified in the present TOU, please feel free to contact us.
Whenever accessing the content provided by America Herald you hereby agree to do so without infringing on or restricting anyone else’s rights.
You may not use America Herald so as to provide links or upload inaccurate, false, fraudulent, obscene, misleading, abusive, or defamatory material.
When the owners of the website discover any material not abiding by the rules mentioned in the present TOU, we reserve the right to permanently discard the material and terminate, suspend or deny access of the user responsible for said material without any notice.
At the absolute discretion of America Herald, we may edit, alter, amend or remove any content and material present on the Site. To the complete extent presented by the law, the website, its owners, directors, employees, collaborators and representatives accept NO liability to you whatsoever from the losses and damages which may arise from accessing the website.
Liability and Indemnity
PLEASE BE ADVISED THAT, TO THE MAXIMUM EXTENT THAT THE LAW PERMITS, AMERICA HERALD AND ITS REPRESENTATIVES, INCLUDING BUT WITHOUT LIMITATION, ITS MANAGERS, DIRECTORS, SUBSIDIARIES, LICENSORS, EMPLOYEES, AGENTS, CONTRIBUTORS AND MARKETING PARTNERS ACCEPT NO LIABILITY AND OFFER NO WARRANTY FOR THE CONTENT THAT IS BROUGHT OT YOUR VIA THE SERVICES. None of the materials present in the website are provided with any specific purpose and do not serve the request of any particular people or interest groups. The website, its owners, directors, employees, collaborators and representatives will not be liable for any type of loss or damage that may have resulted of your doing or not doing, or as a result of the accessing, viewing, reading, listening, watching, and interacting with the America Herald Content or user generated content present of the site. The website, its owners, directors, employees, collaborators and representatives does not take liability for your accessing of other websites via links provided on the America Herald website as these websites are NOT under our control and we take no responsibility in the way that they are governed.
We provide no warranty of any kind concerning how you chose to use America Herald, its applications and its content. We do not warrant that the website is virus, spyware and malware free. Users are required to take their own precautions. We offer no control and liability for the destructive properties of any software acquired by using the website.
Despite aiming to provide uninterrupted access to America Herald, we take no responsibility or liability for possible delays or interruptions.
We accept no contractual liability to you concerning goods or services provided by third party suppliers.
America Herald provides no warranty whatsoever for the accuracy of the information contained in its materials and content. Every material present on the website is provided in “as is” form and users accept the responsibility of analyzing the accuracy of the information presented. Whilst we try to ensure that the standard of this website and the quality of the herein presented information, the internet is not an inherently stable medium as are information gateways. America Herald will not accept any liability arising from any possible irregularities, omissions, errors, interruptions or delays, neither are we under any ongoing obligation or responsibility to operate this website (or any particular part of it) or to provide the service offered on this website. We make no warranty, expressed or implied, and negate any warranty including without limitation warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
America Herald and the data and information provided on the website does NOT:
- Constitute any type of advice or suggestion (financial, tax, medical, legal, investment or otherwise)
- Constitute any invitation, suggestion, recommendation or inducement in regards to any product or service referred to
- Intend to rely upon you making (or deciding against making) specific decisions or investments
By accessing the website you agree that America herald, its directors, management, employees, contributors, agents, representatives or affiliates ARE NOT responsible or liable in any form for any and all losses or damages that may result as a consequence of accessing the website.
User Submitted Content
You are solely liable for any content you contribute on America Herald including but not limited to comments, audio, video, links, hypertext links, responses and forms. You are deemed to consent to the guidelines presented in this TOU if choosing to post content or comments to America Herald.
Whenever submitting content to America Herald you grant the website unconditional, non-exclusive and irrevocable worldwide license to use, publish or transmit it. You acknowledge that by posting content to the America Herald website, you are doing so at your own risk and discretion.
America Herald does not monitor, pre-screen, review or edit the user generated content. We accept no liability in relation to the comment you submitted and published.
When contributing with content to America Herald, you warrant that the materials you are submitting to the website are not deceptive, libelous, harassing, obscene, offensive, defamatory, threatening, fraudulent, illegal or invasive of anyone’s privacy.
We reserve the right of disposing of your content at any time.
America Herald does not accept liability and will remove without prior notice any user content posted with the deliberate intention of harming or upsetting other users, content that degrades, intimidates or victimizes individuals or groups of individuals based of any type of classification including (but not limited to) religion, gender, citizenship, sexual orientation, color, race, creed, national origin, ethnicity, marital or military status, disability and age.
Third Party Content and Links
America Herald contains hypertext links as well as directions to third party websites. We do not accept liability for, nor do we endorse the use of such third party websites or the content provided within. Accessing any of these websites is done at your discretion and your risk.
YOU ARE HEREBY ACKNOWLEDGING AND AGREEING THAT, TO THE MAXIMUM EXTENT OF APPLICABLE LOCAL, STATE, FEDERAL, NATIONAL AND INTERNATIONAL LAW, REGARDLESS OF ACTION FORM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AMERICA HERALD AND ITS AFFILIATES, DIRECTORS, MARKETING PARTNERS, PARENT COMPANIES, MARKETING AFFILIATES AND CONTRIBUTORS WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR THE FOLLOWING:
- LOSS, COSTS, DAMAGES AND EXPENSES, BE THEY DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S EXPENSES,
- ANY “LOSS” THAT HAS INCURRED IN RELATION TO, AS A RESULT OF OR IN CONNECTION WITH YOUR USE, MISUSE OR INABILITY TO USE THE SERVICES
- ANY “LOSS” WHICH YOU MAY HAVE SUSTAINED IN CONNECTION WITH THE AVAILABILITY, RELIABILITY, USE, RELIANCE ON OR MISUNDERSTANDING OF THE SERVICES AND WEBSITE;
ALSO, IN NO EVENT IS AMERICA HERALD OR ANY OF ITS AFFILIATES RESPONSIBLE FOR ANY:
- DAMAGES YOU MAY HAVE SUSTAINED FOR BUSINESS INTERRUPTION
- PROFIT LOSSES OR BUSINESS LOSS
- ANY COSTS ARISING FROM EQUIPMENT REPLACEMENT NECESSITIES OR SOFTWARE REPLACEMENT
- COSTS RESULTING FROM RECORD LOSS
- COSTS RESULTING FROM ANY OF THE FOLLOWING: REVENUE, GOODWILL, CUSTOMERS, REPUTATION, CAPITAL LOSS OR DAMAGE
- DOWNTIME COSTS
- ANY OTHER TYPES OF LOSSES RESULTING FROM ANY OTHER CONTRACT
- THOSE IN RELATION TO ANTICIPATED SAVINGS OR BENEFIT LOSSES
Furthermore, please note that America Herald and all of its aforementioned collaborators cannot and will not be held liable for the following types of losses:
- incidental, exemplary, consequential, special or punitive losses
- losses that may have arisen out of errors, mistakes, typographical-errors, omissions, delays in delivering the information to you, inaccuracies, incompleteness, or any other shortcomings of the information presented to you via the services
- all aforementioned limitations are also applicable in the event that America Herald has received prior warning as to the possibility of such losses arising.
Certain US States and Jurisdictions do not permit that liability be completely excluded or limited, in regards to certain types of loss, America Herald’s liability will only limit to the smallest possible sum as the applicable law permits, hence minimizing our liability to the least possible amount.
Last update: 07.15.2015