PLEASE READ THESE "TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY.
WHEN YOU USE THIS WEBSITE YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEBSITE.
Please return to the website and review these Terms from time to time, as they may be amended without notice to you. Any changes to these Terms will be effective immediately upon the posting of the revised Terms at the website. If the revisions are unacceptable to you, you should no longer use this website. Please note that your use of certain content and features of the website may be subject to additional terms. By using such content and features, you also agree to be bound by those additional terms.
RESTRICTIONS ON YOUR USE OF THE MATERIALS IN THIS WEBSITE
The materials included in this website are the property of or have been licensed to Hercules Construction, Inc. and are protected by intellectual property laws such as patent, trademark or copyright laws. Except for your own noncommercial use, you are prohibited from reproducing, transmitting, distributing, or displaying these materials without the prior written consent of Hercules Construction, Inc. or its owner in the case of materials that have been licensed to us. Any unauthorized attempt to modify any materials included on the website or to defeat or circumvent our security features, or to utilize the website or any part of the materials included on this website for any purpose other than its intended purposes is strictly prohibited. The use of any of these materials, including submissions as discussed below, is at your own risk. Hercules Construction, Inc. reserves the right to change any and all content, software, applications, and other items used or contained in the website at any time without notice.
USER PARTICIPATION AND SUBMISSIONS
Now or at various points in the future, some areas of our website will offer the ability for users to (a) post or submit to us materials such as remarks, suggestions, ideas, graphics, opinions, entries to promotions or other information or content created by you ("Submissions"), (b) download text, video, photographs and/or other content onto a computer (either a pc or Mac) (collectively, "PC Download"), (c) download mobile entertainment or other content, such as ringtones, games, graphics, news, audio, video, photograph and other information data via the Internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices (collectively, "Mobile Download"), and/or (d) view the website. Any PC Download may only be used on your own computer (or a computer controlled by you), and any Mobile Download may only be used on your own mobile device (or a device controlled by you). The website may include various forums, blogs and chat rooms where you can post your ideas, observations and comments on designated topics. We cannot guarantee that other users (or other third parties) will not use the ideas that you share. Therefore, if you have an idea that you would like to keep confidential and/or do not want others to use, do not post it to the website. Also, any Submission you provide to us should reflect your honest opinions, findings, beliefs or experience, and are within your personal knowledge. Submissions may include comments about other users' Submissions, or comments about some of our products, promotions, website or other similar information. Hercules Construction, Inc. does not and cannot review all Submissions provided by users and is not responsible for the content of these Submissions. nor does it endorse any Submissions. Accordingly, we cannot guarantee the accuracy, integrity or quality of Submissions, and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on the website. You should never assume any Submissions reflect the opinions or policies of Hercules Construction, Inc.
You are solely responsible for (a) any Submission you post on or through the website, (b) any material or information that you provide to other users (or others that view this website), and (c) your interaction with other users (or others that view this website).
You acknowledge that by providing you with the ability to submit, view or distribute these Submissions, we are acting merely as a passive conduit and are not undertaking any obligation or liability relating to Submission contents or activities of users on the website. However, we do reserve the right to alter, edit, refuse to post, review, reject, block, remove or take any other action that we may deem necessary to deal with any Submissions. This may include those Submissions which we find to be abusive, defamatory, obscene, fraudulent, in violation of a third party's right, including but not limited to intellectual property right's or right of publicity or privacy, or otherwise offensive or deemed unacceptable by us in our sole discretion. Such action may include, but is not limited to, removing content that allegedly does not conform to these Terms, terminating a user's access to the website and removing all Submissions submitted by any persons who we determine to be infringers or repeat infringers. You also acknowledge that we do not have any obligation to use, post, or respond to any Submission.
If we are notified by any user that a Submission allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion the appropriate action to take. We have no liability whatsoever for editing, removing, or continuing to permit the display of any Submissions.
We may obtain many Submissions on this website, or otherwise develop on our own, or through third party vendors we engage, ideas and materials that may be similar or identical in theme, idea, format or other respects to ideas and other Submissions you make to the website. By providing a Submission, you understand that you waive any and all claims you may have had, may have, and/or may have in the future, that any ideas, composition, video and/or other works used by Hercules Construction, Inc. (or its designees) based on any similarity with any Submissions made by you on this website.
IF YOU SUBMIT MATERIAL TO US:
(1) You provide us with a nonexclusive, worldwide, fully paid-up and royalty-free, perpetual, irrevocable and unlimited license to use, sublicense, and create derivative works of all or any portion of your Submission in any way that we see fit and for any purpose whatsoever. This means, among others, that.
• We don't have to treat any such Submission as confidential.
• If we use them or let others use them -- or anything like them -- we don't have to pay you or anyone else for them.
• We can use them for any purpose, without compensating or notifying you or anyone else for them.
• We can use them in a website, print or any other media throughout the world forever.
(2) You acknowledge that you are responsible for any Submission you make -- in other words, you acknowledge that you (and not we) have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and compliance with corresponding laws.
We may contact you or any third parties to verify the information contained in a Submission you provide to us, obtain additional commentary, and to film, record and make a record of any statements made by you or others in the course of our conversations or correspondence with you. You agree that any materials created from such activities will be owned by us and may be used in any manner we deem appropriate. We may also send you information and notices regarding your Submission through the website, by email or other means based on the information you provided to us in connection with your Submission.
Hercules Construction, Inc. reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of some or all Submissions and/or your ability to access Submissions with or without notice in its sole discretion. You agree that Hercules Construction, Inc. shall not be liable to you or to anyone else for any suspension or discontinuance of acceptance of any Submissions.
CODE OF CONDUCT
Although we are not responsible for the conduct of our users or the Submissions (as described below) they make, we want the website to be a place on the internet where the content does not violate the rights of any person, offend or hurt people. Therefore, in using the website, please DO NOT do any of the following:
• submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademark, patents, privacy and publicity rights (e.g., using someone's name or likeness, other that person is a family member or friend who has specifically consented to your making the submission to this website). Only submit materials that you own exclusively;
• publish falsehoods or make statements that could damage us or anyone else;
• submit material that is unlawful, obscene, false, misleading, defamatory, libelous, threatening, disparaging, pornographic, harassing, hateful, racially or ethnically offensive, give rise to civil liability, violate any law or is otherwise inappropriate;
• submit materials that promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
• post advertisements or solicitations of business;
• violate any local, state, national or international law or post any Submission that would encourage or provide instructions for a criminal offense;
• misrepresent yourself, your age or your affiliation with any person or entity;
• use the website to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• post or share any personally identifiable or private information of any third party;
• solicit passwords or personal information from anyone;
• use information or content you obtained on the website or service in any manner not authorized by these Terms;
• post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• register for more than one account or use or attempt to use another's account, service or system without authorization or create a false identity on the website; or
• engage in any predatory or stalking conduct, or intimidate or harass anyone.
Following are the basic do's and don'ts for interacting on our website:
• Be respectful of others, especially when disagreeing with them.
• Debate is great, but it should be done in a constructive way.
• Take responsibility for your own words.
If permitted or available through the website, to (a) upload content to the website via your mobile device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the website from your mobile device, and/or (d) access certain features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"), you must have a mobile subscription plan with a participating mobile carrier and your wireless subscription plan must provide you with the necessary functionality. You may be required to pay service fees to your carrier and other third parties when accessing and using their services. You should check the plan you have with your carrier to ascertain what charges you may incur.
We may offer from time to time referral programs that permit you to submit information about your friends or family ("Referred Person"), including, without limitation, email addresses, wireless telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the website and its features. We may use and store any such information that we collect from you about a Referred Person only to the extent necessary to carry out your request. We will not use any such information for any other purpose unless the Referred Person consents to the use for such other purpose. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the 50 United States or the District of Columbia, who is of legal age of majority in their jurisdiction of residence (and at least 18 years of age, or such other age designated on the sign-up page) and be able to register for the features offered on the website and otherwise use the website. We reserve the right to add additional restrictions on who may be referred. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the website or its features. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or email address if he or she appears to be on any of our "do not contact" or "do not email" lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these Terms, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, the website, any service or feature, or any third party for any reason or for any other reason as determined in our discretion.
If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to deny you further access to the website. Incentives, rewards, or referral programs shall be subject to additional terms and conditions that shall be posted at the time such programs become available. To the extent of any conflict between those terms and conditions and these Terms, the terms and conditions for the incentive, reward or referral program will govern, but only to the extent of the conflict. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.
If you are using the website to communicate to a Referred Person (or any third party), you agree not to use the website to harm the Referred Person or any other third party, and/or use the website in violation of any applicable laws, rules or regulations or Terms.
If we at any time introduce a means of online communication available only to members, we may impose all or some of the same restrictions as set forth above, as we determine in our discretion, and communicate and provide important notices to you via such online communication system.
You may be invited or asked to attend Hercules Construction, Inc. sponsored events or events held by users of the Site which are not in any way associated with Hercules Construction, Inc. at various locations throughout the United States (collectively, "Events"). Your participation in any Events is at your own risk and you hereby agree to release and hold the Hercules Construction, Inc. harmless from and against any liabilities, claims, damages, costs and expenses, including without limitation, any injury or death to you or your minor children or wards, and reasonable attorneys' fees and costs, resulting from attending the Events or participation in any activities available at the Events. You also agree that we (and our designees) may film and record any of the Events sponsored by Hercules Construction, Inc. in which you or your minor children or wards participate, and you hereby agree that such films and recordings shall be owned by Hercules Construction, Inc. and we (and our designees) may use your or your minor children or wards’ name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media, now or hereafter known, throughout the world in perpetuity without notice, approval or compensation to you or any third party.
IMPORTANT: SUBMISSIONS ON THE WEBSITE MAY INCLUDE SUGGESTIONS FOR USES OF HERCULES CONSTRUCTION, INC. PRODUCTS THAT HAVE NOT BEEN EVALUATED OR APPROVED BY HERCULES CONSTRUCTION, INC. Hercules Construction, Inc. does not endorse or approve the use of any of its products in any manner other than the product's intended use as described on its packaging. You should never use any Hercules Construction, Inc. product in any manner other than the manner in which it was intended to be used.
DISPUTES BETWEEN USERS
YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OR THIRD PARTIES. HERCULES CONSTRUCTION, INC. RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS (AND OTHER THIRD PARTIES) AND TO TERMINATE YOUR ACCESS TO THE WEBSITE IF HERCULES CONSTRUCTION, INC. DETERMINES, IN ITS SOLE DISCRETION, THAT DOING SO IS PRUDENT.
LIMITATION OF LIABILITY
HERCULES CONSTRUCTION, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF THIS WEBSITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
• USE OF (OR INABILITY TO USE) THIS WEBSITE;
• USE OF (OR INABILITY TO USE) ANY WEBSITE TO WHICH YOU HYPERLINK FROM OUR WEBSITE;
• FAILURE OF PERFORMANCE;
• DELAY IN OPERATION OR TRANSMISSION;
• COMPUTER VIRUS; OR
• LINE FAILURE.
KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
• DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
• DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES");
• OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES").
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES -- OR BOTH.
EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES.
THE MATERIALS IN OUR WEBSITE ARE PROVIDED "AS IS." THIS MEANS THAT HERCULES CONSTRUCTION, INC. DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES.
THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES:
• THAT THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE.
• THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE.
• THAT DEFECTS WILL BE CORRECTED.
• THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, INSTRUCTIONS OR RECIPES CONTAINED IN THE MATERIALS.
IN ADDITION TO THE ABOVE, YOU (AND NOT HERCULES CONSTRUCTION, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
HERCULES CONSTRUCTION, INC. CANNOT CONTROL THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY CHOOSE TO SHARE YOUR PAGE OR INFORMATION. THUS, WE CANNOT AND DO NOT GUARANTEE THAT SUBMISSIONS WILL NOT BE VIEWED BY UNAUTHORIZED PERSONS OR USED FOR IMPROPER PURPOSES. HERCULES CONSTRUCTION, INC. IS NOT RESPONSIBLE FOR ANY CIRCUMVENTION OF PRIVACY SETTINGS OR SECURITY MEASURES CONTAINED ON THE WEBSITE. YOU ACKNOWLEDGE AND UNDERSTAND THAT, EVEN AFTER REMOVAL, COPIES OF SUBMISSIONS MAY REMAIN VIEWABLE IN CACHED OR ARCHIVED PAGES OR IF OTHER USERS HAVE COPIED OR STORED YOUR SUBMISSION.
ANY ACTION TAKEN IN RESPONSE TO INFORMATION, OPINIONS, ADVICE, OR SUGGESTIONS OFFERED, DISCUSSED OR POSTED ON THE WEBSITE, INCLUDING ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY ACTIONS TAKEN IN RESPONSE TO ANY SUCH INFORMATION, OPINIONS, ADVICE, OR SUGGESTIONS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF ANY SUCH ACTION, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LINKS TO OTHER SITES
We sometimes provide access to other World Wide Web sites from our sites. But we don't endorse or approve any products or information offered at sites you reach through our site. Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in an Hercules Construction, Inc. operated site or have moved to another site.
You agree to indemnify and hold Hercules Construction, Inc., our affiliated entities, and each of our respective officers, directors, employees, representatives and agents harmless from any claim, demand, loss, liability or damages (including reasonable attorneys' fees and costs) arising out of:
• your use of the website;
• you use of any Submission;
• your participation in any service or program offered on or through the website;
• your breach or alleged breach of these Terms;
• any Submission posted by you; or
• your alleged violation of the rights of any third party (including, without limitation, claims of defamation, invasion of privacy, right of publicity, breach of confidence, infringement of copyright, trademark, patent, or any other intellectual property right).
We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
Unless otherwise specified, the materials in our sites are presented to provide information about Hercules Construction, Inc. and its products.
Hercules Construction, Inc. controls and operates this website from the company's headquarters in Irvine, California, in the United States of America. We in no way imply that the materials on this website are appropriate or available for use outside of the United States. If you use this website from locations outside of the United States, you are responsible for compliance with any applicable local laws.
DURATION AND TERMINATION OF TERMS AND CONDITIONS OF USE
These Terms apply to you the moment that you first use this website. Hercules Construction, Inc. may terminate these Terms, or any portion of them, at any time and without notice to you, for any reason. However, the portions dealing with LIMITATION OF LIABILITY, DISCLAIMER, and MISCELLANEOUS POINTS ABOUT THE TERMS will survive termination.
In addition, Hercules Construction, Inc. is entitled to suspend, restrict, or terminate all or part of this website, or your access or use of it, at any time, without notice to you.
MISCELLANEOUS POINTS ABOUT THE TERMS
These Terms, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Wisconsin (without applying the state's conflict-of-law principles).
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation or exploitation of the website, any advertising or other materials issued in connection therewith, or any content or other material used or displayed on the website. You understand and agree that no fiduciary relationship is established between you and us by your use of the website. Your use of the website shall not be deemed to create the relationship of employer and employee, or principal and agent, joint venture or partner between you and us.
COMMENTS AND QUESTIONS
If you have any questions or concerns about this Privacy Statement, please contact us by using the Contact Us feature or by emailing us at:
This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.
Updated January 27, 2015