Terms & Conditions

These Terms and Conditions (these “Terms”) of Herland, including, without limitation, the purchase of a membership subscription to utilize the Services (a “Membership”). These Terms do not apply to any content or services provided by third parties, whether or not such third-party services (or links thereto) appear on Herland’s website or are otherwise incorporated into the Services. These Terms affect your rights, so please read them carefully. Subject to these Terms, Herland will use commercially reasonable efforts to provide to you the Services and commercially reasonable technical support via Herland’s website and/or mobile applications available on various platforms in accordance with Herland’s standard practices."

1. Acceptance of terms and Conditions

By using the Services, you are expressing your acceptance of and willingness to be legally bound by these Terms, as amended from time to time. Your use of a particular Herland webpage included within the Herland website may also be subject to additional terms outlined elsewhere on such webpage. You may not use the Services without accepting these Terms. Individuals must be 18 years of age or older to use the Services, or, if under 18, be at least 13 years old and have the consent and active involvement of a parent or legal guardian. If you are agreeing to these Terms on behalf of a legal entity, you represent to Herland that you have the authority to bind such entity and its affiliates to these terms. In such, case the term “you” or “your” as used herein will also refer to such entity and its affiliates. Subject to your compliance with these Terms, KakaClo grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the term of your Membership.

2. Changes to Terms and Conditions

Herland may, from time to time and in its sole and absolute discretion, amend or modify these Terms with or without notice to you; provided that Herland will use commercially reasonable efforts to give you at least 14 days’ prior notice on Herland’s website or via email of any such amendment or modification. The most current version of these Terms will supersede all previous versions, and your use or continued use of the Services will constitute your acceptance of and willingness to be bound by such version of these Terms. The most current version of these Terms may be viewed at any time by clicking on the “Terms of Use” link at the bottom of Herland’s website.

3. Your Information and Content

As part of the Membership registration process (including free trials, as described below), you will be required to provide certain personal identifying and financial information in connection with your Herland account. You may also add additional personal information to your account profile at your discretion (such information is not required to use the Services but may improve the user experience). All information you provide to Herland, directly or indirectly, is subject to Herland’s Privacy Policy, which policy you agree to by your use of the Services, so please review it carefully to understand Herland’s privacy practices.

Subject to Herland's Privacy Policy, Herland is free to use any comments, information, ideas, concepts, reviews, and/or techniques provided by you to Herland or its affiliates (e.g., via communications or questionnaires directly with Herland or post or comments made on Herland’s website), directly or indirectly (collectively, “User Content”), without any form of compensation, acknowledgment or payment to you.

Notwithstanding anything to the contrary, Herland shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning your User Content and data derived therefrom), and Herland will be free (during and after the term hereof) to (a) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Herland offerings, and (b) disclose such data solely in aggregate or another de-identified form in connection with its business. In furtherance of the foregoing, if you provide any suggestions, enhancement requests, recommendations, comments, or other feedback relating to the Services to Herland, you agree that Herland and its affiliates may freely use, reproduce, license, distribute, and otherwise commercialize the feedback in connection with the Services and/or for any other lawful purpose, on a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual basis. Herland will not be obligated to implement any feedback or correct any defects, bugs, or errors in the service identified in the feedback or otherwise.

In addition to the foregoing, you hereby also grant to Herland a nonexclusive, worldwide, transferable, sublicensable (to its subcontractors and service providers), irrevocable, royalty-free, fully paid-up license to access, use, display, reproduce, modify and process your User Content in accordance with these Terms and Herland’s Privacy Policy, as each it's amended from time to time.

4. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.