TERMS AND CONDITIONS
Last updated July 17, 2021
These Terms of Use constitute a legally
binding agreement made between you, whether personally or on behalf of
an entity ("you") and Hehla, Inc ("Company", "we", "us",
or "our"), concerning your access to and use of the
http://hehla.com website
as well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto
(collectively, the "Site"). We are registered in Utah, United States and
have our registered office at Salt Lake City, SLC, UT 84111. You agree
that by accessing the Site, you have read, understood, and agreed to be
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF
THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or
documents that may be posted on the Site from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms of Use
from time to time . We will alert you about any changes by updating the
"Last updated" date of these Terms of Use, and you waive any right to
receive specific notice of each such change. Please ensure that you
check the applicable Terms every time you use our Site so that you
understand which Terms apply. You will be subject to, and will be deemed
to have been made aware of and to have accepted, the changes in any
revised Terms of Use by your continued use of the Site after the date
such revised Terms of Use are posted.
The information provided on the Site is not
intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary
to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with
local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with
industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws,
you may not use this Site. You may not use the Site in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
Unless otherwise indicated, the Site is our
proprietary property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics
on the Site (collectively, the "Content") and the trademarks, service
marks, and logos contained therein (the "Marks") are owned or controlled
by us or licensed to us, and are protected by copyright and trademark
laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws, and
international conventions. The Content and the Marks are provided on the
Site "AS IS" for your information and personal use only. Except as
expressly provided in these Terms of Use, no part of the Site and no
Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the
Site, you are granted a limited license to access and use the Site and
to download or print a copy of any portion of the Content to which you
have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the
Site, the Content and the Marks.
By using the Site, you represent and warrant
that: (1) you have the legal capacity and you agree to comply with
these Terms of Use; (2) you are not under the age of 13; (3) you are not
a minor in the jurisdiction in which you reside, or if a minor, you have
received parental permission to use the Site; (4) you will not access
the Site through automated or non-human means, whether through a bot,
script, or otherwise; (5) you will not use the Site for any illegal or
unauthorized purpose; and (6) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is
untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
You may not access or use the Site for any
purpose other than that for which we make the Site available. The Site
may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other
content from the Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written
permission from us.
2. Trick, defraud, or mislead us and other
users, especially in any attempt to learn sensitive account information
such as user passwords.
3. Circumvent, disable, or otherwise
interfere with security-related features of the Site, including features
that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in
our opinion, us and/or the Site.
5. Use any information obtained from the Site
in order to harass, abuse, or harm another person.
6. Make improper use of our support services
or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with
any applicable laws or regulations.
8. Engage in unauthorized framing of or
linking to the Site.
9. Upload or transmit (or attempt to upload
or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party's uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or maintenance
of the Site.
10. Engage in any automated use of the
system, such as using scripts to send comments or messages, or using any
data mining, robots, or similar data gathering and extraction tools.
11. Delete the copyright or other proprietary
rights notice from any Content.
12. Attempt to impersonate another user or
person or use the username of another user.
13. Upload or transmit (or attempt to upload
or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without
limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web
bugs, cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or "pcms").
14. Interfere with, disrupt, or create an
undue burden on the Site or the networks or services connected to the
Site.
15. Harass, annoy, intimidate, or threaten
any of our employees or agents engaged in providing any portion of the
Site to you.
16. Attempt to bypass any measures of the
Site designed to prevent or restrict access to the Site, or any portion
of the Site.
17. Copy or adapt the Site's software,
including but not limited to Flash, PHP, HTML, JavaScript, or other
code.
18. Except as permitted by applicable law,
decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Site.
19. Except as may be the result of standard
search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses
the Site, or using or launching any unauthorized script or other
software.
20. Use a buying agent or purchasing agent to
make purchases on the Site.
21. Make any unauthorized use of the Site,
including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email,
or creating user accounts by automated means or under false pretenses.
22. Use the Site as part of any effort to
compete with us or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
23. Use the Site to advertise or offer to
sell goods and services.
24. Sell or otherwise transfer your profile.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or
post content. We may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not limited to
text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Site and through third-party websites. As such, any Contributions you
transmit may be treated in accordance with the Site Privacy Policy. When
you create or make available any Contributions, you thereby represent
and warrant that:
1. The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or
copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
2. You
are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Site, and other users of the Site to use your Contributions in any
manner contemplated by the Site and these Terms of Use.
3. You have
the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by
the Site and these Terms of Use.
4. Your Contributions are not
false, inaccurate, or misleading.
5. Your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
7. Your Contributions
do not ridicule, mock, disparage, intimidate, or abuse anyone.
8.
Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a
specific person or class of people.
9. Your Contributions do not
violate any applicable law, regulation, or rule.
10. Your
Contributions do not violate the privacy or publicity rights of any
third party.
11. Your Contributions do not violate any applicable
law concerning child pornography, or otherwise intended to protect the
health or well-being of minors.
12. Your Contributions do not
include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
13. Your
Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of the Site in violation of the
foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By submitting suggestions or other feedback
regarding the Site, you agree that we can use and share such feedback
for any purpose without compensation to you.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions
and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements
or representations in your Contributions provided by you in any area on
the Site. You are solely responsible for your Contributions to the Site
and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your
Contributions.
If you access the Site via a mobile
application, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the mobile
application on wireless electronic devices owned or controlled by you,
and to access and use the mobile application on such devices strictly in
accordance with the terms and conditions of this mobile application
license contained in these Terms of Use. You shall not: (1) except as
permitted by applicable law, decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the application; (2)
make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the application; (3) violate any
applicable laws, rules, or regulations in connection with your access or
use of the application; (4) remove, alter, or obscure any proprietary
notice (including any notice of copyright or trademark) posted by us or
the licensors of the application; (5) use the application for any
revenue generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the application available
over a network or other environment permitting access or use by multiple
devices or users at the same time; (7) use the application for creating
a product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the application; (8) use
the application to send automated queries to any website or to send any
unsolicited commercial e-mail; or (9) use any proprietary information or
any of our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
The following terms apply when you use a
mobile application obtained from either the Apple Store or Google Play
(each an "App Distributor") to access the Site: (1) the license granted
to you for our mobile application is limited to a non-transferable
license to use the application on a device that utilizes the Apple iOS
or Android operating systems, as applicable, and in accordance with the
usage rules set forth in the applicable App Distributor's terms of
service; (2) we are responsible for providing any maintenance and
support services with respect to the mobile application as specified in
the terms and conditions of this mobile application license contained in
these Terms of Use or as otherwise required under applicable law, and
you acknowledge that each App Distributor has no obligation whatsoever
to furnish any maintenance and support services with respect to the
mobile application; (3) in the event of any failure of the mobile
application to conform to any applicable warranty, you may notify the
applicable App Distributor, and the App Distributor, in accordance with
its terms and policies, may refund the purchase price, if any, paid for
the mobile application, and to the maximum extent permitted by
applicable law, the App Distributor will have no other warranty
obligation whatsoever with respect to the mobile application; (4) you
represent and warrant that (i) you are not located in a country that is
subject to a U.S. government embargo, or that has been designated by the
U.S. government as a "terrorist supporting" country and (ii) you are not
listed on any U.S. government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when
using the mobile application, e.g., if you have a VoIP application, then
you must not be in violation of their wireless data service agreement
when using the mobile application; and (6) you acknowledge and agree
that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in these Terms
of Use, and that each App Distributor will have the right (and will be
deemed to have accepted the right) to enforce the terms and conditions
in this mobile application license contained in these Terms of Use
against you as a third-party beneficiary thereof.
SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other information regarding
the Site ("Submissions") provided by you to us are non-confidential and
shall become our sole property. We shall own exclusive rights, including
all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation
to you. You hereby waive all moral rights to any such Submissions, and
you hereby warrant that any such Submissions are original with you or
that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement
or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via
the Site) links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third-Party Websites accessed
through the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation
of any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the Site
and access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Terms
of Use no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any website
to which you navigate from the Site or relating to any applications you
use or install from the Site. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we
take no responsibility whatsoever in relation to such purchases which
are exclusively between you and the applicable third party. You agree
and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us harmless from any harm
caused by your purchase of such products or services. Additionally, you
shall hold us harmless from any losses sustained by you or harm caused
to you relating to or resulting in any way from any Third-Party Content
or any contact with Third-Party Websites.
We allow advertisers to display their
advertisements and other information in certain areas of the Site, such
as sidebar advertisements or banner advertisements. If you are an
advertiser, you shall take full responsibility for any advertisements
you place on the Site and any services provided on the Site or products
sold through those advertisements. Further, as an advertiser, you
warrant and represent that you possess all rights and authority to place
advertisements on the Site, including, but not limited to, intellectual
property rights, publicity rights, and contractual rights. We simply
provide the space to place such advertisements, and we have no other
relationship with advertisers.
We reserve the right, but not the obligation,
to: (1) monitor the Site for violations of these Terms of Use; (2) take
appropriate legal action against anyone who, in our sole discretion,
violates the law or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any
of your Contributions or any portion thereof; (4) in our sole discretion
and without limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size or
are in any way burdensome to our systems; and (5) otherwise manage the
Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site.
We care about data privacy and
security. Please review our Privacy Policy: https://hehla.com/privacy. By
using the Site, you agree to be bound by our Privacy Policy, which is
incorporated into these Terms of Use. Please be advised the Site is
hosted in the United States. If you access the Site from any other
region of the world with laws or other requirements governing personal
data collection, use, or disclosure that differ from applicable laws in
the United States, then through your continued use of the Site, you are
transferring your data to the United States, and you agree to have your
data transferred to and processed in the United States. Further, we do
not knowingly accept, request, or solicit information from children or
knowingly market to children. Therefore, in accordance with the U.S.
Children's Online Privacy Protection Act, if we receive actual knowledge
that anyone under the age of 13 has provided personal information to us
without the requisite and verifiable parental consent, we will delete
that information from the Site as quickly as is reasonably practical.
These Terms of Use shall remain in full force
and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION
OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON
OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR
OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for
any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right
to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change, modify, or
remove the contents of the Site at any time or for any reason at our
sole discretion without notice. However, we have no obligation to update
any information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We will
not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be
available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site at
any time or for any reason without notice to you. You agree that we have
no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Site during any downtime or
discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply
any corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Site
are governed by and construed in accordance with the laws of the State
of Utah applicable to agreements made and to be entirely performed
within the State of Utah, without regard to its conflict of law
principles.
To expedite resolution and control the cost
of any dispute, controversy, or claim related to these Terms of Use
(each "Dispute" and collectively, the "Disputes") brought by either you
or us (individually, a "Party" and collectively, the "Parties"), the
Parties agree to first attempt to negotiate any Dispute (except those
Disputes expressly provided below) informally for at least __________
days before initiating arbitration. Such informal negotiations commence
upon written notice from one Party to the other Party.
If the Parties are unable to resolve a
Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively
resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA's Supplementary Procedures for
Consumer Related Disputes ("AAA Consumer Rules"), both of which are
available at the AAA website: www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be
governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules. The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator
will make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in __________. Except as
otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate, or enter judgment on the award entered by the
arbitrator.
If for any reason, a Dispute proceeds in
court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in __________, and
the Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non conveniens with respect to venue
and jurisdiction in such state and federal courts. Application of the
United Nations Convention on Contracts for the International Sale of
Goods and the Uniform Computer Information Transaction Act (UCITA) is
excluded from these Terms of Use.
In no event shall any Dispute brought by
either Party related in any way to the Site be commenced more than five
(5) years after the cause of action arose. If this provision is found to
be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be
illegal or unenforceable, and such Dispute shall be decided by a court
of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of
that court.
The Parties agree that any arbitration shall
be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to
be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general
public or any other persons.
Exceptions to
Informal Negotiations and Arbitration
The Parties agree that the following Disputes
are not subject to the above provisions concerning informal negotiations
and binding arbitration: (a) any Disputes seeking to enforce or protect,
or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or unauthorized use; and (c) any
claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that
contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and
to change or update the information on the Site at any time, without
prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES
WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against
any loss, damage, liability, claim, or demand, including reasonable
attorneys' fees and expenses, made by any third party due to or arising
out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any
breach of your representations and warranties set forth in these Terms
of Use; (4) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (5) any overt harmful
act toward any other user of the Site with whom you connected via the
Site. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
We will maintain certain data that you
transmit to the Site for the purpose of managing the performance of the
Site, as well as data relating to your use of the Site. Although we
perform regular routine backups of data, you are solely responsible for
all data that you transmit or that relates to any activity you have
undertaken using the Site. You agree that we shall have no liability to
you for any loss or corruption of any such data, and you hereby waive
any right of action against us arising from any such loss or corruption
of such data.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and
completing online forms constitute electronic communications. You
consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to
you electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby
waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic
means.
CALIFORNIA
USERS AND RESIDENTS
If any complaint with us is not
satisfactorily resolved, you can contact the Complaint Assistance Unit
of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
These Terms of Use and any policies or
operating rules posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms
of Use shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Terms of Use is determined to
be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Terms of Use and does not
affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms of
Use or use of the Site. You agree that these Terms of Use will not be
construed against us by virtue of having drafted them. You hereby waive
any and all defenses you may have based on the electronic form of these
Terms of Use and the lack of signing by the parties hereto to execute
these Terms of Use.
In order to resolve a complaint regarding the
Site or to receive further information regarding use of the Site, please
contact us at:
Hehla, Inc
Salt Lake City
SLC, UT
84111
United States
Phone: (385) 924-4938
This privacy notice applies to all
information collected through our Services (which, as described above,
includes our Website and App), as well as, any related services, sales,
marketing or events.
Please read this privacy notice carefully
as it will help you understand what we do with the information that we
collect.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE USE YOUR INFORMATION?
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
6. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
7. HOW LONG DO WE KEEP YOUR INFORMATION?
8. HOW DO WE KEEP YOUR INFORMATION SAFE?
9. WHAT ARE YOUR PRIVACY RIGHTS?
10. CONTROLS FOR DO-NOT-TRACK FEATURES
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
12. DO WE MAKE UPDATES TO THIS NOTICE?
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
14. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?
1. WHAT INFORMATION DO WE COLLECT?
Information
automatically collected
In Short: Some
information - such as your Internet Protocol (IP) address and/or browser
and device characteristics - is collected automatically when you visit
our Services.
We automatically collect certain information
when you visit, use or navigate the Services. This information does not
reveal your specific identity (like your name or contact information)
but may include device and usage information, such as your IP address,
browser and device characteristics, operating system, language
preferences, referring URLs, device name, country, location, information
about how and when you use our Services and other technical information.
This information is primarily needed to maintain the security and
operation of our Services, and for our internal analytics and reporting
purposes.
Like many businesses, we also collect
information through cookies and similar technologies.
The information we collect includes:
Information
collected through our App
In Short: We
collect information regarding your mobile device, when you use our App.
If you use our App, we also collect the
following information:
This information is primarily needed to
maintain the security and operation of our App, for troubleshooting and
for our internal analytics and reporting purposes.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We
process your information for purposes based on legitimate business
interests, the fulfillment of our contract with you, compliance with our
legal obligations, and/or your consent.
We use personal information collected via our
Services for a variety of business purposes described below. We process
your personal information for these purposes in reliance on our
legitimate business interests, in order to enter into or perform a
contract with you, with your consent, and/or for compliance with our
legal obligations. We indicate the specific processing grounds we rely
on next to each purpose listed below.
We use the information we collect or receive:
3. WILL YOUR INFORMATION BE SHARED WITH
ANYONE?
In Short:
We only share information with your consent, to comply with laws, to
provide you with services, to protect your rights, or to fulfill
business obligations.
We may process or share your data that we
hold based on the following legal basis:
More specifically, we may need to process
your data or share your personal information in the following
situations:
4. DO WE USE COOKIES AND OTHER TRACKING
TECHNOLOGIES?
In Short: We
may use cookies and other tracking technologies to collect and store
your information.
We may use cookies and similar tracking
technologies (like web beacons and pixels) to access or store
information. Specific information about how we use such technologies and
how you can refuse certain cookies is set out in our Cookie Notice.
5. IS YOUR INFORMATION TRANSFERRED
INTERNATIONALLY?
In Short: We
may transfer, store, and process your information in countries other
than your own.
Our servers are located in. If you are
accessing our Services from outside, please be aware that your
information may be transferred to, stored, and processed by us in our
facilities and by those third parties with whom we may share your
personal information (see "WILL
YOUR INFORMATION BE SHARED WITH ANYONE?" above), in and other
countries.
If you are a resident in the European
Economic Area (EEA) or United Kingdom (UK), then these countries may not
necessarily have data protection laws or other similar laws as
comprehensive as those in your country. We will however take all
necessary measures to protect your personal information in accordance
with this privacy notice and applicable law.
6. WHAT IS OUR STANCE ON THIRD-PARTY
WEBSITES?
In Short: We
are not responsible for the safety of any information that you share
with third-party providers who advertise, but are not affiliated with,
our Website.
The Services may contain advertisements from
third parties that are not affiliated with us and which may link to
other websites, online services or mobile applications. We cannot
guarantee the safety and privacy of data you provide to any third
parties. Any data collected by third parties is not covered by this
privacy notice. We are not responsible for the content or privacy and
security practices and policies of any third parties, including other
websites, services or applications that may be linked to or from the
Services. You should review the policies of such third parties and
contact them directly to respond to your questions.
7. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We
keep your information for as long as necessary to fulfill the purposes
outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information
for as long as it is necessary for the purposes set out in this privacy
notice, unless a longer retention period is required or permitted by law
(such as tax, accounting or other legal requirements). No purpose in
this notice will require us keeping your personal information for longer
than 1 year.
When we have no ongoing legitimate business
need to process your personal information, we will either delete or
anonymize such information, or, if this is not possible (for example,
because your personal information has been stored in backup archives),
then we will securely store your personal information and isolate it
from any further processing until deletion is possible.
8. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We
aim to protect your personal information through a system of
organizational and technical security measures.
We have implemented appropriate technical and
organizational security measures designed to protect the security of any
personal information we process. However, despite our safeguards and
efforts to secure your information, no electronic transmission over the
Internet or information storage technology can be guaranteed to be 100%
secure, so we cannot promise or guarantee that hackers, cybercriminals,
or other unauthorized third parties will not be able to defeat our
security, and improperly collect, access, steal, or modify your
information. Although we will do our best to protect your personal
information, transmission of personal information to and from our
Services is at your own risk. You should only access the Services within
a secure environment.
9. WHAT ARE YOUR PRIVACY RIGHTS?
In Short:
You may review, change, or terminate your account at any time.
If you are a resident in the EEA or UK and
you believe we are unlawfully processing your personal information, you
also have the right to complain to your local data protection
supervisory authority. You can find their contact details here:
http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are a resident in Switzerland, the
contact details for the data protection authorities are available here:
https://www.edoeb.admin.ch/edoeb/en/home.html.
Cookies and similar technologies:
Most Web browsers are set to accept cookies by default. If you prefer,
you can usually choose to set your browser to remove cookies and to
reject cookies. If you choose to remove cookies or reject cookies, this
could affect certain features or services of our Services. To opt-out of
interest-based advertising by advertisers on our Services visit
http://www.aboutads.info/choices/.
10. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating
systems and mobile applications include a Do-Not-Track ("DNT") feature
or setting you can activate to signal your privacy preference not to
have data about your online browsing activities monitored and collected.
At this stage no uniform technology standard for recognizing and
implementing DNT signals has been finalized. As such, we do not
currently respond to DNT browser signals or any other mechanism that
automatically communicates your choice not to be tracked online. If a
standard for online tracking is adopted that we must follow in the
future, we will inform you about that practice in a revised version of
this privacy notice.
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC
PRIVACY RIGHTS?
In Short: Yes,
if you are a resident of California, you are granted specific rights
regarding access to your personal information.
California Civil Code Section 1798.83, also
known as the "Shine The Light" law, permits our users who are California
residents to request and obtain from us, once a year and free of charge,
information about categories of personal information (if any) we
disclosed to third parties for direct marketing purposes and the names
and addresses of all third parties with which we shared personal
information in the immediately preceding calendar year. If you are a
California resident and would like to make such a request, please submit
your request in writing to us using the contact information provided
below.
If you are under 18 years of age, reside in
California, and have a registered account with a Service, you have the
right to request removal of unwanted data that you publicly post on the
Services. To request removal of such data, please contact us using the
contact information provided below, and include the email address
associated with your account and a statement that you reside in
California. We will make sure the data is not publicly displayed on the
Services, but please be aware that the data may not be completely or
comprehensively removed from all our systems (e.g. backups, etc.).
12. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes,
we will update this notice as necessary to stay compliant with relevant
laws.
We may update this privacy notice from time
to time. The updated version will be indicated by an updated "Revised"
date and the updated version will be effective as soon as it is
accessible. If we make material changes to this privacy notice, we may
notify you either by prominently posting a notice of such changes or by
directly sending you a notification. We encourage you to review this
privacy notice frequently to be informed of how we are protecting your
information.
13. HOW CAN YOU CONTACT US ABOUT THIS
NOTICE?
If you have questions or comments about this
notice, you may email us at [email protected] or by post to:
Hehla, Inc
Salt Lake City
United States, UT 84111