Terms & ConditionsLast Revised Oct 30, 2020
- First, the Legal Stuff
- Your Access to Hewell
- Hewell is for Your Lawful Use
- Hewell is for fun
- Hewell isn’t intended as a marketplace
- Your Hewell Account
- Hewell content
- Your Content
- We Don’t Endorse User Content
- Links and Hewell
- Don’t Mess with Hewell
- Other Ways of Accessing Hewell
- Children and Hewell
- A Few More Legalities
- Disclaimer of Warranties
- Limitation of Liability
- Governing Law
- Severability and Enforcement
- Changes to This User Agreement
We want you to know your rights and our rights and so we have prepared this agreement ("user agreement" or "agreement") between Hewell, LLC. (“Hewell”, "we", "our," "us") and you. This agreement sets the terms of your use of the Hewell website and services. This agreement is meant to encourage a fair and tolerant place for ideas, people, links, and discussion.
First, the Legal Stuff
Your Access to Hewell
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to Hewell, (2) suspend or terminate Your Account, and/or (3) remove any of your User Content from Hewell. We reserve the right to monitor Hewell, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
Hewell is for Your Lawful Use
You may not use Hewell to break the law, violate an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.
Hewell is for fun
Hewell is intended to be a place for your entertainment. We are not responsible for any decisions you make based on something you read on Hewell.
Hewell isn’t intended as a marketplace
Hewell is not intended to be a marketplace for any goods or services. However, you may find commercial links, coupons, deals, advertisements and other third-party offers on Hewell. In addition, Hewell may have affiliate relationships with certain of these third parties and may receive compensation for any purchase made from them. Hewell is not a party to, nor in any way responsible for, any transactions you have with these third parties, even if Hewell has an affiliate relationship with such parties. For this reason, any transactions you undertake are your responsibility alone, so be careful.
You may not use Hewell to conduct transactions for any illegal goods or services.
Your Hewell Account
To participate on Hewell, you must create an account that includes a username and password ("Your Account") and, if you want to be able to reset your password or have us contact you, an email address as well. Of course, you can also use Hewell without logging in, but you will not have access to all features.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
You may not license, transfer, sell, or assign Your Account without our written approval.
Hewell contains graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements supplied by us or our licensors, which we call "Hewell content." Hewell content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.
We grant you the right to access the Hewell content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Hewell content, except as permitted by the doctrine of fair use or as authorized in writing by us.
You retain the rights to your copyrighted content or information that you submit to Hewell ("user content") except as described below.
You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
We Don’t Endorse User Content
We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to Hewell.
Links and Hewell
Don’t Mess with Hewell
You agree not to interrupt the serving of Hewell, introduce malicious code onto Hewell, make it difficult for anyone else to use Hewell due to your actions, attempt to manipulate votes or Hewell’s systems, or assist anyone in misusing Hewell in any way. It takes a lot of work to maintain Hewell. Be cool.
We support the responsible reporting of security vulnerabilities. To report a Hewell security issue, please send an email to firstname.lastname@example.org.
Other Ways of Accessing Hewell
We encourage the creation of other ways to access Hewell, including browser extensions and mobile and desktop applications. We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any mobile or desktop application not produced by us.
If you produce or maintain a browser extension or application, you agree not to purposefully negate any user's actions to delete or edit their content on Hewell.
Children and Hewell
Hewell is not directed at people under the age of 13, and Hewell does not knowingly collect any personal information from such people. If you know that a user under the age of 13 is accessing Hewell, please contact us.
DMCAcopyright, the dmca, & takedowns
We will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove user content on Hewell that we deem to be infringing the copyright of others. If you become aware of user content on Hewell that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to Hewell.
Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. Any DMCA request should be sent to this contact information:
Please send the following information:
- The electronic signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
- The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
It is Hewell's policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.
A Few More LegalitiesPlease read the following very carefully. Each of the following sections applies to the maximum extent permitted by law. Where jurisdictions do not allow disclaimers of implied warranties or the limitation of liability in contracts, the contents of this section may not apply.
All the things you do and all the information you submit or post to Hewell remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.
Specifically, you agree to hold Hewell, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of Hewell, your violation of this user agreement, and/or your violation of the rights of any third party or person.
Disclaimer of Warranties
Hewell is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that Hewell will always work properly.
Limitation of Liability
We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use Hewell, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of Hewell.
We want you to enjoy Hewell, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at email@example.com.
The headings in this agreement are for convenience and do not control any of its provisions.
Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of Delaware without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in San Diego County, California.
Severability and Enforcement
If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent.
If no such modification is possible, that provision will be severed from the rest of this agreement. If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
Changes to This User Agreement
This user agreement is the entire agreement between you and us concerning Hewell. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive. By continuing to use Hewell after a change to this agreement, you agree to those changes.