HART On Web Usage Agreement
This agreement governs the relationship between Herb Allure -- the company that owns HART On Web -- and those who use the HART On Web service (hereinafter "you", "your"). By using HART On Web (hereinafter "we", "our", "HOW"), you agree to the following terms and conditions.
What is HART On Web
HOW is an information service that delivers preformatted information to websites. This information is delivered using standard internet technologies that are established, reliable, and secure.
HOW adds very little bandwidth to your website. It only adds perhaps 100 bytes per page request, and this negligible increase only occurs if a page contains a HOW embedded document. Even when a visitor to your website requests an embedded document from HOW, this document is actually delivered from our system, not yours, and therefore does not add to your website's bandwidth requirements, except for the small piece of embedded code that you insert into your website, which is a very small amount.
HOW does, however, have the potential to increase traffic your website. In fact, HOW is designed to attract visitors from search engines and direct them to your website. This traffic may or may not be substantial. HOW can make no guarantees about the amount that traffic will increase to your website. However, if traffic does increase, your website will be exposed to more visitors and will use more bandwidth, simply because you will have more people viewing pages on your website more often, which is obviously a good thing for building and maintaining a business.
It is your responsibility to be sure that your website can handle this additional traffic. By using HOW, you agree to cover all costs associated with all bandwidth required by your website at all times. This includes but is not limited to any additional bandwidth that may required after placing HOW on your website. You agree that HOW will not be liable for any charges, fees, penalties, or any other costs that your website incurs from the use of HOW on your website.
We always recommend that you have "overhead" bandwidth available for your website. Overhead bandwidth is bandwidth that you are not currently using, yet you have available in case your website becomes busier than you expect.
As always, we will do our best to provide excellent service and to keep our pages as current as is reasonably possible, yet it must be understood that researching and creating new product pages, and updating existing pages is a detailed and time-consuming task.
Although we attempt to keep HOW pages up-to-date with current product offerings by NSP, we can make no guarantees related to the availability of particular pages. We do have a notification system in place that optionally emails you when new products are added to our system or when existing products are updated.
We will, at our discretion and on our timeline, make new pages available and update existing pages as we believe it will best benefit our customers as a whole. By using HOW, you agree that HOW is under no obligation to make new product pages available on any particular schedule.
HOW offers complete online documentation for use and management of the system. This documentation provides all of the information you need to use the system. We are willing to offer reasonable phone and email support, but we cannot teach people how to use their computer or how to design web pages.
We know that prompt and reliable support is the foundation of any good relationship. If you have a problem or believe that something is not working correctly, by all means, contact us and we will look into it as soon as possible.
It is your responsibility to use HOW in such a way that conforms with all local and national laws, statutes, ordinances, and other legal or commercial instruments that you or your website may be bound to.
Although we do believe that HOW is legal and beneficial for your business, we make no claim as to the legality or illegality of using HOW pages on your website. We are not lawyers and we do not give legal advice. We recommend that you check with your attorney to confirm the proper and legal way to use HOW in a manner that will benefit your business and avoid any legal liability. By using HOW, you agree to hold Herb Allure, Inc., its officers, employees, and associates free from any and all liability of any kind that may arise from the use of HOW on your website, including the distribution of HOW documents by any other means.
By using HOW, you affirm that you understand that the information provided by HOW is for educational and entertainment purposes only. No other purpose is intended or implied.
HOW operates from our high-bandwidth state-of-the-art dedicated server that is strategically located in the central United States. Our system is built on industry-standard hardware and software and has been thoroughly tested for reliability and security.
Our system has been active and working nearly constantly for years, yet it is possible that circumstances beyond our control will cause temporary outages or delays in the delivery of HOW pages. By using HOW, you agree that HOW is not responsible for outages or delays in page delivery and that we cannot offer refunds, rebates, or credits for outages or delays of service.
Herb Allure does not offer refunds for HART On Web.
Herb Allure is not liable or responsible for the actions of any other entity including but not limited to the FDA, DSA, NSP, trade associations, or government agencies. If Herb Allure is forced, required, or otherwise coerced to change, update, or terminate HOW related services for any reason whatsoever, Herb Allure will not be liable for damages of any kind and Herb Allure will not provide refunds.
If Herb Allure decides to grant a refund, a portion of the original charge will be retained by Herb Allure for credit card charges assessed to Herb Allure and for services performed by Herb Allure in relation to the purchased products or services, and for other fees assessed during the refund process. All such fees are accessed and calculated at Herb Allure's sole descretion.
Herb Allure does not allow HART On Web document pages to be converted into any other electronic format, such as - but not limited to - PDF (Portable Document Format). This protects us from copyright violations which - in turn - protects you by keeping HART On Web in business. Please do not provide or link to any document-conversion services on your website that would allow the conversion of HART On Web documents.
Agreement and Jurisdiction
By using HOW, you agree to be bound by this agreement. You also agree that any and all subjects and circumstances not described in this agreement are left to the sole judgment and discretion of HOW.
By using HOW, you agree that Herb Allure, Inc., its officers, employees, stockholders, agents, appointees, affiliates, and the families of any of the aforementioned are held harmless and free from all responsibility and liability that may arise from the use, misuse, or abuse of any service or product offered by HOW or Herb Allure.
This agreement shall be established in the jurisdiction of the State of Maine. You agree that any dispute arising from this agreement or any service or product offered by Herb Allure or HOW shall be settled by arbitration in or near the city of Bangor, Maine. All costs, fees, and other expenses that are incurred by Herb Allure as the result of a dispute or legal action related to the services provided by HOW or Herb Allure, shall be paid to Herb Allure by the party raising the dispute or bringing the legal action.