End User License Agreement
[Last Modified: December 19, 2023]
This End User License Agreement (“Agreement” or “EULA”) is a legally binding agreement between you (“user” or “you”) and D2r Internet Holdings LLC. (“Company” or “us” or “our” or “we”). This Agreement sets forth the terms and conditions under which you may access and use our content website, Health Herald Daily.
ACCEPTANCE OF THE TERMS: PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA AND THE TERMS. THIS EULA, TOGETHER WITH THE PRIVACY POLICY AVAILABLE AT [Privacy Policy URL] (TOGETHER “TERMS”), GOVERN YOUR USE OF THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT ACCESS OR USE THE WEBSITE. ANY USE OF THE WEBSITE BY YOU UNDER SUCH CIRCUMSTANCES WILL BE CONSIDERED AS A VIOLATION OF OUR LEGAL RIGHTS.
AMENDMENTS: The most recent version of the Terms will always be posted on the Website. If we make any changes, the updated date at the top of the Agreement will reflect the “Last Modified” heading. Your continued use of the Website, following the display of such modified Terms, constitutes your acknowledgment and consent to such amendments and your agreement to be bound by the terms of such amendments. In the event of a material change, we will make our best efforts to send you a written notification.
You hereby warrant that you are eligible to enter into these Terms and are not prohibited by any authorized authority, judicial order, or law from entering into any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms.
AGE LIMITATION: In addition, you represent and warrant that you are at least 13 years of age and of legal competence to enter into these Terms. Children under 13 are prohibited from accessing the Website. In the event that we become aware that a user under the age of 13 has shared any information, we will discard such information. If you have any reason to believe that a child under the age of 13 has shared any information with us, please contact us at: info@d2rinternetholdings.com. If you are under 18, please be sure to read the Terms with your parents or legal guardians and ask questions about things you do not understand.
SCOPE OF SERVICE
Following your acceptance of this EULA, you may access and use the Website. The Website provides content related to health, fitness, and wellness, including articles, blog posts, and other information to promote a healthy lifestyle.
LICENSE
Subject to your compliance with the terms and conditions of this Agreement, the Company hereby grants you a limited, non-exclusive, revocable, non-sub licensable, non-transferable license (without the right to sublicense), to access and use the Website solely for your lawful, personal, and non-commercial use. Your license hereunder is limited not to allow others to use, copy, or reproduce the Website or any portion thereof for commercial purposes.
RESTRICTIONS OF USE
You will access and use the Website only in accordance with the instructions provided by the Company. Except as expressly provided under this Agreement, you may not, nor may you enable anyone else to, directly or indirectly: (i) use the Website for any unlawful, harmful, or inappropriate purposes; (ii) reproduce, distribute, or modify the Website or any portion thereof without our prior written consent; (iii) remove any copyright, trademark, or other proprietary rights notice we have placed on the Website or associated content; or (iv) use the Company’s name, logo, or trademarks without its prior written consent.
We reserve the right to investigate occurrences that may involve violations of these Terms and may cooperate with law enforcement authorities in prosecuting users who have participated in such violations.
YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that: (i) you will use the Website in full compliance with all applicable laws, rules, and regulations; (ii) you will not use the Website for any fraudulent or inappropriate purposes; (iii) you are not located in a country that is subject to any government embargo or designation as a “terrorist supporting” country; and (iv) you are not listed on any list of prohibited or restricted parties.
UPDATES
We reserve the right to update and modify the Website, including adding or removing features or functions. These updates are designed to improve and enhance the Website. You agree to receive such updates as part of your use of the Website.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all rights and interest in the Website, including all associated components, content, code, protocols, software, and documentation provided by us, are the Company’s property or the property of our licensors, and are protected by international copyright, trademarks, patents, and other proprietary rights and laws. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Website or associated content.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ANY CONTENT PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE ERROR-FREE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE WEBSITE. COMPANY’S LIABILITY SHALL NOT EXCEED THE COST OF THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You shall defend, indemnify, and hold harmless the Company, its officers, directors, employees, sub-contractors, agents, and distributors from any claims, losses, debts, obligations, liabilities, costs, or expenses (including but not limited to reasonable attorney’s fees) arising from or related to your use of the Website or any violation of these Terms.
TERMINATION
Company and user may terminate this Agreement at any time in their sole discretion. If you wish to terminate your use of the Website and this Agreement, please cease using the Website immediately. We may terminate your access to the Website at any time, with or without cause and with or without notice, effective immediately. Any termination may result in the destruction of all information and data associated with your use of the Website.
MISCELLANEOUS
These Terms constitute the entire understanding between the parties with respect to the use of the Website. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. This EULA and any right granted herein may not be assigned by you without the prior written consent of the Company.
CONTACT INFORMATION
If you have any questions, please contact us by email or postal mail as follows:
Owned and operated by: D2r Internet Holdings LLC
Contact us via e-mail: info@d2rinternetholdings.com
Physical address: 85 Middle Road, Suite #1019, Hudson, NY 12534