Terms and Conditions

TERMS OF USE (“Terms”)


For


Herronwood Holdings LLC’s Online Review Services (“Services”)

Please read the following Terms carefully before using Herronwood Holdings LLC’s (“Herronwood Holdings”, “our” or “we”) online Services, including but not limited to the www.Herronwood Holdings.com Web Site, as well as any online features, the (“Services”) services and/or programs offered by HERRONWOOD HOLDINGS (collectively, the “Services”), including its online review services. By accessing or using the Services, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of HERRONWOOD HOLDINGS. If you do not agree to any portion of these Terms, you should not access or otherwise use the Services. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Services.

We will make an effort to update this page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms Services at the end of these Terms).

Terms related to Online Account Access to your account(s) that you have with HERRONWOOD HOLDINGS (“Account”) is set forth in Paragraph 6 herein.

  1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Services, HERRONWOOD HOLDINGS does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) HERRONWOOD HOLDINGS has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete. Your use of the Web Site and the services offered therein are subject to federal law, the law of the state where HERRONWOOD HOLDINGS maintains your Account, or, if HERRONWOOD HOLDINGS transfers your Account to another location, where HERRONWOOD HOLDINGS currently maintains your Account (“Applicable Law”).

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 13.

  1. SITE USE AND CONTENT. You may not use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of HERRONWOOD HOLDINGS. At any time, we may, without further notice, make changes to the Web Site, to these Terms and/or to the services described in these Terms.
  2. USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.
  1. ONLINE ACCOUNT ACCESS. For certain types of features available through the Web Site, including the Online Account Access features (the “Online Service”), we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). You may never use another person’s User Account and/or UserID without permission.
  2. USER ACCOUNT AND PASSWORD. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Web Site. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify HERRONWOOD HOLDINGS of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by using the “contact us” function, or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
  3. RELIANCE BY HERRONWOOD HOLDINGS. You authorize HERRONWOOD HOLDINGS to rely on your UserID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service.
  4. SECURITY. HERRONWOOD HOLDINGS is committed to protecting the security and confidentiality of information about you and your Account and User Account. HERRONWOOD HOLDINGS uses, and may in the future use, several different security methods to protect your Account and User Account information.
  5. ELECTRONIC COMMUNICATION.
  1. Email and Online Message Center. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that HERRONWOOD HOLDINGS maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by HERRONWOOD HOLDINGS for providing you notices pursuant to these Terms, as required by applicable  Law (as permitted) or generally regarding your Account(s) with HERRONWOOD HOLDINGS. HERRONWOOD HOLDINGS will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from HERRONWOOD HOLDINGS, do not respond to the email and notify HERRONWOOD HOLDINGS by using the “contact us” feature.
  2. Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that HERRONWOOD HOLDINGS may respond to any communication you send to HERRONWOOD HOLDINGS with an electronic communication, regardless of whether your original communication with HERRONWOOD HOLDINGS was an electronic communication. Any electronic communication HERRONWOOD HOLDINGS sends to you will be considered received within 5 calendar days of the date such communication is sent by computer servers utilized by HERRONWOOD HOLDINGS to the email address you designate in your account profile or posted to HERRONWOOD HOLDINGS’s online message center (if applicable). To the extent permissible under applicable Law, any electronic communication you send to HERRONWOOD HOLDINGS will not be effective until HERRONWOOD HOLDINGS has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with HERRONWOOD HOLDINGS immediately and, in no event, should your sole method of communication with HERRONWOOD HOLDINGS regarding any emergency be by electronic communication. HERRONWOOD HOLDINGS may require you to provide written confirmation of any verbal or electronic notice of alleged error by HERRONWOOD HOLDINGS.
  1. DISCLAIMERS.
  1. NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. HERRONWOOD HOLDINGS PROVIDES THE WEB SITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND HERRONWOOD HOLDINGS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. HERRONWOOD HOLDINGS DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT HERRONWOOD HOLDINGS SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
  2. INDEMNIFICATION. You agree to defend, indemnify and hold HERRONWOOD HOLDINGS and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by HERRONWOOD HOLDINGS, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
  1. LIMITATION OF LIABILITY. HERRONWOOD HOLDINGS’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH HERRONWOOD HOLDINGS. IN NO EVENT WILL HERRONWOOD HOLDINGS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SERVICES, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND AND/OR (F) CLAIMS FOR DEFAMATION OR SLANDER BASED ON THE CONTENT OF ANY ONLINE REVIEWS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS HERRONWOOD HOLDINGS’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  2. PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with HERRONWOOD HOLDINGS’s Privacy Policy.
  3. THIRD PARTY CONTENT.
  1. HERRONWOOD HOLDINGS may provide hyperlinks to other web sites maintained by third parties, or HERRONWOOD HOLDINGS may provide third party content on the SERVICES. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER HERRONWOOD HOLDINGS’S CONTROL AND HERRONWOOD HOLDINGS IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
  1. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Web Site are HERRONWOOD HOLDINGS’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. HERRONWOOD HOLDINGS is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of HERRONWOOD HOLDINGS that may be referred to on the SERVICES are the property of HERRONWOOD HOLDINGS. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of HERRONWOOD HOLDINGS’s trademarks or service marks without HERRONWOOD HOLDINGS’s prior written permission. HERRONWOOD HOLDINGS aggressively enforces its intellectual property rights. Neither the name of HERRONWOOD HOLDINGS nor any of HERRONWOOD HOLDINGS other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without HERRONWOOD HOLDINGS’s prior written permission.  If you believe that any Content on the Web Site violates any intellectual property right of yours, please contact HERRONWOOD HOLDINGS at the address, email address or telephone number set forth at the bottom of these Terms.
  2. LOCAL LAWS. HERRONWOOD HOLDINGS makes no representation that content or materials in the Web Site are applicable or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. HERRONWOOD HOLDINGS is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where HERRONWOOD HOLDINGS maintains your Account, or, if HERRONWOOD HOLDINGS transfers your Account to another location, where HERRONWOOD HOLDINGS currently maintains your Account. The Web Site and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over HERRONWOOD HOLDINGS, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where HERRONWOOD HOLDINGS maintains your Account, or, if HERRONWOOD HOLDINGS transfers your Account to another location, where HERRONWOOD HOLDINGS currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
  1. AVAILABILITY. Information that HERRONWOOD HOLDINGS publishes in the Services may contain references or cross-references to products, programs or services of HERRONWOOD HOLDINGS that are not necessarily announced or available in your area. Such references do not mean that HERRONWOOD HOLDINGS will announce any of those products, programs or services in your area at any time in the future. You should contact HERRONWOOD HOLDINGS for information regarding the products, programs and services that may be available to you, if any.
  1. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by HERRONWOOD HOLDINGS unless acknowledge by HERRONWOOD HOLDINGS in writing. HERRONWOOD HOLDINGS has no obligation to provide you with written acknowledgment. HERRONWOOD HOLDINGS may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
  1. TERMINATION OF SERVICE. We may terminate your User Account or right to access secured portions of the Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services, to HERRONWOOD HOLDINGS, to the business of the applicable Internet service provider, or to other information providers.
  1. CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Web Site. By submitting information through the Web Site, you agree that the information submitted shall be subject to the HERRONWOOD HOLDINGS Web Site Privacy Policy.
  1. CLASS ACTION WAIVER and ARBITRATION.  You agree that any dispute arising out of the use of the Services shall be brought only in your capacity as an individual, and no claims may be brought as a class. All disputes shall be submitted to binding arbitration in Montgomery County, PA before a board of three neutral arbitrators.  The arbitration and rules shall be according to the American Arbitration Association (AAA).  In no event shall the arbitrators award punitive damages.  

  1. MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and HERRONWOOD HOLDINGS’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the HERRONWOOD HOLDINGS Web Site Privacy Policy are the entire agreement between you and HERRONWOOD HOLDINGS with respect to your use of the Web Site and the Online Service, and supersede any and all prior communications and prior agreements, whether written or oral, between you and HERRONWOOD HOLDINGS regarding the Web Site and the Online Service.

Your Consent To This Agreement

By accessing and using the Web Site and services, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site and/or the Online Service. Your use of the Web Site and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, please let us know by sending your comments to:

HERRONWOOD HOLDINGS

Herronwood Holdings LLC

Attn:

dan@americantelephony.com

EFFECTIVE AS OF: Jan 4, 2020

LAST UPDATED: Jan 4, 2020

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