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TERMS OF USE

Effective Date: November 1, 2016

These terms apply to your use of this website located at HemAway.com, and applications and interfaces for mobile devices (collectively, the “Site”). By accessing, browsing, crawling, scraping or in any way using the Site, you agree to these terms, our privacy policy posted here, and all other guidelines or policies referenced herein (collectively, the “Terms of Service”).

PLEASE READ THE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF SERVICE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.

Definitions

A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we”, “us”, “our”, and “HemAway”, and “HemAway.com” refer to HemAway LLC.

“Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to or through the Site, such as ratings, reviews, compliments and information that you display through comments or reviews you may post. “User Content” means Content that users submit or transmit to or through the Site. “HemAway LLC Content” means Content that we create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than HemAway LLC or its users, such as data providers who license data to HemAway LLC for use on the Site. “Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and HemAway LLC Content.

Eligibility to Use This Site and Services

You must be at least 18 years old and a resident of the United States. All others are prohibited from using the Site. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Service (which authority you hereby exercise).

Description of Services

We provides users with access to a rich collection of content and resources, including without limitation various communications tools, forums, reviews and ratings, blogs, and search services, which may be accessed through any various medium or device now known or hereafter developed (the “HemAway LLC Services”). You also understand and agree that the HemAway LLC Services may include advertisements and that these advertisements are necessary for the HemAway LLC to provide the HemAway LLC Services.

You also understand and agree that the HemAway LLC Services may include certain communications from us, such as service announcements and administrative messages, and that these communications are considered part of the Terms of Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current HemAway LLC Services shall be subject to the Terms of Service. You understand and agree that the HemAway LLC Services are provided “AS IS” and that we assume no responsibility for the timeliness, accuracy of, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the HemAway LLC Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the HemAway LLC Services.

Changes to the Terms of Service

We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.

User Accounts

To use some of the features on the Site, you may be required to create an account, register or log-in, or provide information about yourself to us. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

You may not impersonate someone else, or provide an email address other than your own or one which has been authorized for you by your company or institution.

Use of the Site

We grant you permission to use the Site subject to the restrictions in these Terms of Service. In using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate in your opinion.

Permission to Use Your Content

We may use Your Content or comments or reviews if submitted in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you irrevocably grant us permission to use Your Content for any purpose. You also irrevocably grant the Site’s users and the users of any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.

Responsibility for Your Content

You alone are responsible for Your Content, and assume all liabilities regarding Your Content, the consequences of posting or publishing them, and your interaction with other users through the Site. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by HemAway LLC.

You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Use of Content

HemAway LLC does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and HemAway LLC expressly disclaims any and all liability in connection with User Content. We may remove or reinstate User Content from time to time at our sole discretion and without notice. For example, we may remove a picture or comment posted if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

You acknowledge that HemAway LLC may or may not pre-screen User Content, but that HemAway LLC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Site

HemAway LLC and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Copyright Dispute Policy

We respect the intellectual property rights of others. In particular, if you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

HemAway LLC’s designated executive to receive notifications of claimed infringement is:

Copyright Officer
HemAway LLC
DMCA@HemAway.com

For clarity, only DMCA notices should go to the copyright executive; any other feedback, comments, requests for technical support, and other communications should be directed to HemAway LLC’s customer service through our CONTACT US form.

Site Availability

We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

Unauthorized Access

We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Investigations

We are under no obligation to monitor the Site or Site Content. However, we reserve the right to investigate possible violations of the Terms of Service, block users from the Site, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including Your Content, in accordance with the Privacy Policy.

Feedback and Comments

If you are dissatisfied with the Site, please CONTACT US directly. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Service, (iii) any policy or practice of the HemAway LLC in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate your use of the HemAway LLC Site and Services.

By sending us any ideas, suggestions, documents or proposals (“Comments”), you agree that (i) your Comments do not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Comments, (iii) we may have something similar to the Comments already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Comments or any information or content included therein.

Termination

We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms of Service or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, or this Site.

Ownership

We own the HemAway LLC Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the HemAway LLC Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the HemAway LLC Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the HemAway LLC Content are retained by us.

Warranties, Disclaimers, and Limitations of Liability

THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. HEMAWAY LLC MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. HEMAWAY LLC AND ITS PARENT COMPANY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM HEMAWAY LLC OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

HEMAWAY LLC DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF HEMAWAY LLC OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.

HEMAWAY LLC FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.

HEMAWAY LLC ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH HEMAWAY LLC RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

HEMAWAY LLC’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO HEMAWAY LLC IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$100.00.

Indemnity

You expressly agree to indemnify and hold HemAway LLC, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. HemAway LLC reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of HemAway LLC. HemAway LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third Parties

The Site may include links to other websites (each, a “Third Party Site”). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.

If there is any dispute about or involving the Site or HemAway LLC, you agree that any such dispute will be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Brooklyn, NY. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site. Except as otherwise stated, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. The Terms of Service contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service. Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service are not assignable, transferable or sub-licensable by you except with HemAway LLC’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

Advertisers or Sponsors

Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that HemAway LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on the Site.

Purchasing Security and PCI Compliance

All purchases made on HemAway.com are processed through secure SSL encrypted technology, and all transactions and processing are fully PCI compliant end to end. Your information is secure, so you can have confidence in purchasing through our website.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site. Except as otherwise stated, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. The Terms of Service contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service. Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service are not assignable, transferable or sub-licensable by you except with HemAway LLC’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

Contact and Violations

Please CONTACT US with any questions regarding the Terms of Service or to report any violations of the terms of services to our legal department.

Marks

‘HemAway’, the HemAway logo, “HemAway Fast Hemorrhoid Relief Cream” and “HemAway Seat Of Relief” are proprietary service marks and trademarks of HemAway LLC, all worldwide rights reserved.

All content found on the HemAway.com website, including: text, images, audio, videos or other formats, were created for informational purposes only. The content provided here is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 immediately. This website does not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may be mentioned on HemAway.com. Reliance on any information provided by HemAway.com, HemAway.com employees, contracted writers, or medical professionals presenting content for publication on HemAway.com is solely at your own risk.

Links to educational content not created by HemAway.com are taken at your own risk. HemAway.com is not responsible for the claims of external websites and education companies.