Terms & Conditions

Thank you for visiting InjuryEstimate.com, which is a service of Herculex.ai INC. All use of this website, including all content, information and services provided on this website, is subject to the following terms of use (“Terms”), which constitute a legal agreement between you and Herculex.ai Inc. Herculex.ai and its subsidiaries and corporate affiliates operate websites, provide products and services through mobile and other applications, and develop software. The terms “InjuryEstimate.com”, “Herculex.ai”, “the company”, “the site”, “we”, “us” or “our” refer to the website and its owners. It is intended to provide the terms and conditions associated with the use of this website. Please read this Terms carefully.

By accessing, browsing or using this website, you acknowledge that you have read, understood and agree to be bound by these Terms and represent that you have not been previously suspended or removed from the website. We may update these Terms at any time, without notice to you. Each time you access this website, you agree to be bound by the Terms then in effect.

If you do not agree to the terms and conditions provided, please do not use this website. You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services. Unless expressly permitted by supplemental terms, our sites and services are intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized. If any part of this agreement is deemed to be unenforceable, it shall not prevent all remaining portions to remain in full effect.

License

By offering this website for use, Herculex.ai provides you with a nationwide, nonexclusive, nontransferable, revocable, limited license to access and make personal use of the information and services on this website, strictly subject to and in accordance with these Terms. We reserve the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited license set forth in these Terms, we do not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights.

Usage Restrictions

By using this website, you agree the terms in this section..This section applies to all uses and users of our sites and services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section. To maintain the integrity and functionality of our sites and services for its users, access to our sites and services and/or activities related to our sites and services that are harmful to, inconsistent with or disruptive of our sites and services and/or users. For example, without limitation:

  • The collection of our sites and services users. personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
  • Any copying, aggregation, display, distribution, performance or derivative use of our sites and services or any content posted on our sites and services whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited.
  • Any activities (including but not limited to posting voluminous content) that are inconsistent with use of our sites and services in compliance with these Terms or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of our sites and services in any manner are expressly prohibited
  • Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of these Terms.
  • you will not transmit any information which is illegal, harmful, sexually explicit, defamatory, or violative of personal privacy in any way.
  • you will not interfere with the operation of this website, including, but not limited to, deciphering our transmissions of information or data; unreasonably burdening our servers; transmitting viruses, worms, software agents, or anything else harmful.
  • you do not make information known which it is illegal or unethical for you to make known.
  • you do not impersonate another person.
  • you will not use, intentionally or unintentionally, any of the content, information or services on this website in a manner contrary to or in violation of any applicable international, national or local law, rule or regulation having the force of law, including privacy laws and any rules of any national or other securities exchange, including the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  • you will not use this website in any manner that could harm, infect, take over, disable, overburden or otherwise impair any of our computer systems, including, the servers, networks and other components connected to or used for this website;
  • you will not interfere with any other party's use and enjoyment of this website or any of the content, information or services provided on this website;
  • you will not forge headers or otherwise manipulate identifiers in order to disguise or alter the origin of any content transmitted through the services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
  • you will not upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • you will not upload, post or otherwise transmit 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;
  • you will not attempt to gain unauthorized access to any services, accounts, computer systems or networks connected to any server used for this website, through password mining, hacking or any other means;
  • you will not seek to gain access to any materials or information through any means not intentionally made available by us;
  • you will not reproduce, duplicate, copy, download, sell, resell or otherwise exploit this website, or any portion hereof, for commercial purposes without our prior written consent;
  • you will not use any framing techniques to enclose any portion of this website (including, but not limited to, images, text, page layout and form) without our prior written consent;
  • you will not use any network monitoring or discovery software to determine the site architecture or extract information about usage, individual identities or users;
  • you will not use any robot, spider, other automatic software or device or manual process to monitor or copy the website or the content, information or services on this website without our prior written consent;
  • you will not collect any email addresses made available on this site for purposes of promotions or marketing campaigns and you will not solicit any users with data retrieved from this website or any attorney identified on this website;
  • you will not distribute, on or through this website, any advertising; promotion; solicitation for goods, services or funds; or solicitation for others to become members or clients of any enterprise or organization without our prior written permission;
  • you will not use or otherwise export or re-export this website, or any portion thereof, in violation of the export control laws and regulations of the United Kingdom or the United States of America; or
  • do anything else which may illegally or unnecessarily interfere with the operation of the site.

Any unauthorized use terminates the license granted hereby.

Content and Conduct

A. Content

We do not control, are not responsible for and make no representations or warranties with respect to any ad or user content on the site or sent via the site. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content. You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account. Content prohibited from our sites and services includes but is not limited to:

  • illegal content;
  • content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services;
  • offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content);
  • content that discloses another's personal, confidential or proprietary information;
  • false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via our sites and services);
  • malicious content (including, without limitation, malware or spyware);
  • content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto- creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to our sites and services would violate these Terms or our other legal rights; and
  • content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in supplemental terms for particular categories or services on our sites and services and all such prohibitions are expressly incorporated into these Terms as stated in the introductory paragraphs above.

B. Conduct

We do not control, are not responsible for and make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct. You are also responsible for your own conduct and activities on, through or related to our sites and services, and, if you create an account on our sites and services, you are responsible for all conduct or activities on, through or by use of your account.

This section applies to all uses and users of our sites and services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section.

Users may not circumvent any technological measure implemented by us to restrict the manner in which content may be posted on our sites and services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent service accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content spinning.

It is expressly prohibited for any third party to post content to our sites and services on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to our sites and services using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) will be responsible and liable to us for each instance of access to our sites and services (by any user or other third party) using that automated means.

Affiliate marketing by users is expressly prohibited on our sites and services. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

Patents, Copyrights and Trademarks

The technology and content provided on this website is owned by or licensed to Herculex.ai Inc. and is protected by United States and international intellectual property laws. We and our licensors retain all proprietary rights to that content and technology. The content of this website is all copyright by InjuryEstimate.com. The copyrighted material and/or trademarks of third parties on this site are here with permission and may only be used with the express consent of that particular third party. All materials on this site and the software used in conjunction with this site is our exclusive property and may be not be used without express consent. Moreover, you may not attempt to reverse engineer or otherwise discover or use the source code. You may not assign or in anyway give or take rights in the site, its interface or its code. You also may not access this site in any fashion other than the interface provided by us. Failure to comply with any or all of the provisions related to our intellectual property may result in civil or criminal penalties.

If you access our sites and services or copy, display, distribute, perform or create derivative works from our sites and services webpages or our intellectual property in violation of these Terms or for purposes inconsistent with these Terms, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on our sites and services or any provision of these Terms that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our webpages on your computer or computer server constitute copies under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are technological measures that effectively control access to copyright-protected components and our intellectual property rights pursuant to 17 U.S.C. § 1201.

If you believe that any material posted on this website infringes on your copyrighted work, you may send us a copyright infringement notice. We respond to notices of copyright infringement according to the processes set out in the Digital Millennium Copyright Act (17 U.S.C.A. § 512) (“DMCA”). Upon notice of alleged copyright infringement, we will remove or block access to the material, provide notice to the user who posted the material and proceed as dictated by the DMCA. We may terminate or block access to areas of its site to repeat infringers. All notices of alleged copyright infringement should be sent to:

International Use

We do not provide services to be used outside the U.S. or for the nationals of any other country or region. Herculex.ai makes no representation or warranty that the website or its services are appropriate or available outside the U.S. If you for some reason choose to access or use the website from outside the U.S., you do so on your own initiative and will be solely responsible for compliance with local laws.

Personal Use Only

The website is available only for users’ personal non-commercial use. Any other use is prohibited, unless otherwise noted in writing to you by us.

Privacy

You consent to the terms of our online Privacy Statement and to our use and processing of any of your information for the purposes provided in the Privacy Statement.

Submission of Information and Consent to be Contacted

You agree that by voluntarily providing us with your personal information, you are making an inquiry and entering into a business relationship with us and our partners. Please do not submit confidential or sensitive personal information through the submission form. By submitting your information, you are requesting that we will distribute your information to our Affiliate(s). "Affiliate" means any business entity that we have a business or contractual relationship with, including our agents, partners, associates and parent or subsidiary entities. The information you submit will be shared with advertising attorneys. Your legal situation is not evaluated when determining which attorney will receive your information. You are under no obligation to retain a lawyer who contacts you through this service.

You expressly request and consent to be contacted by telephone (including calls to your mobile phone), email, text message, letter and/or fax by us, our employees, representatives, agents, Affiliates, and third-party contracted vendors with information related to your inquiry as well as other promotions and offers, even if a telephone number you provide is on a federal, state, or wireless Do Not Call list. You expressly confirm you understand that these telephone calls, emails, texts, letters and/or faxes are being made pursuant to your request for such communications.

No Legal Advice

You understand that content provided on this website is advertising material only. The information and services on this website are not intended to be and should not be used as legal, medical or other advice. Your use of the content, information and services on this website is at your own risk. You acknowledge that under no circumstances are we providing medical, legal or other advice or representation through this website, and nothing on this website is intended as a substitute for advice from an attorney, doctor or other professional.

Under no circumstances will we have any liability to you for any reliance on information contained on or obtained through this website. We are is not a law firm or a lawyer referral service. You understand and agree that an attorney or law firm may contact you to discuss the information you submit. You agree that the information that you receive in response is for general information purposes and that you will not be charged for this response. You further understand and agree that the laws of each state vary and you will not rely upon this information as legal advice. Since this matter may require advice particular to your home state, you understand and agree that local counsel may be contacted for referral of this matter, and that we bear no responsibility for retaining local counsel or otherwise as a result of your submission of contact information to us.

No Endorsement of Attorneys

The hiring of a lawyer is a critical decision and should not be predicated solely on comments, advertisements or other content found on any website. We do not endorse or recommend any attorneys or law firms, nor make any representation about the quality of legal services or the qualifications of any attorney, law firm or legal provider. You also understand and agree that you are solely responsible for investigating any attorney or law firm that contacts you and that (i) neither Herculex.ai, nor its Affiliates may be held responsible for any claims you may have resulting from the services or information you may receive; and (ii) we make no representations or warranties regarding the licensing, bonding or qualifications of any person who may contact you based on the submission of your information to us or the quality of legal services that may be provided by advertising attorneys. Any results appearing on the website are specific to a particular case and do not represent a guarantee or prediction of future results.

No Attorney-Client Relationship & Confidentiality

You acknowledge that no attorney-client relationship is, or will be, formed through the use of this website, and that you have no expectation of privacy or confidentiality of communications occurring through this website. Information submitted by you to the website is solely a request for more information or to have, us, a law firm or a third party to contact you about your situation. You only form an attorney- client relationship with an attorney upon execution of a separate agreement to that effect. If we refer you to another attorney, you only form an attorney-client relationship by the same with said attorney.

The content on this website is for information purposes only. It is not legal advice, as all cases are different, and advice needs to be tailored to each situation. Reading this website and/or sending us information, does not mean you have an attorney-client relationship with anyone.

Attorney Professional Conduct

If you are an attorney participating in any aspect of this website, you acknowledge that the Rules or Codes of Professional Conduct (collectively, “Rules”) of the jurisdictions in which you are licensed apply to all aspects of your participation and that you will abide by such Rules. We disclaim all responsibility for your compliance with these Rules. You warrant that content you post or share will be used to provide general information only, and not for the provision of legal advice or the practice of law.

Third-Party Content

Third-party content, messages, ads, and services may appear on this website or may be accessible through links from this website. Herculex.ai is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from this website. You acknowledge that the information and opinions in the third party content are neither endorsed or controlled by us, nor reflect our beliefs.

Links to third party service and product providers can be found throughout this site. Such links are intended to be beneficial to you. The site is not, however, responsible for the accessibility of these sites or the content found on these sites. We are also not responsible for any loss or damage resulting from these sites or their services or products. Please do not hesitate to contact us regarding any of our links – be it positive or negative. All feedback is appreciated.

Failure to Retain Counsel May Cost You Your Rights - Act Quickly

If you need legal representation, you should retain counsel as soon as possible. Please be aware that most steps in the workers’ compensation system of Maryland or any other state or country have time deadlines. If you do not comply with those deadlines, you may lose your rights. Therefore, whatever course of action you take, you should take it rapidly.

Disclaimer of Warranties and Limitation of Liability

WE PROVIDE THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE CONTENT, INFORMATION OR SERVICES INCLUDED ON THIS WEBSITE, OR THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE. YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES. THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITES AND SERVICES OR IN CONTENT).

THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

To the maximum extent allowed by law, InjuryEstimate.com makes no representations, or express or implied warranties. We provide the site, its service, and its software “as is.” Performance, quality, results and accuracy are not assured and those risks fall with you, the end user. We do our best to provide the best information and best referrals possible, but those results cannot, ultimately, be assured. Again, we welcome your feedback as to how to provide the best, most accurate service. In no event shall we be liable for any damages resulting from your use of this site or its services. If you are not happy with this site or its services or do not agree with any part of this agreement, your only remedy is to discontinue use.

WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THESE TERMS WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).

IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.

You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold Herculex.ai and its subsidiaries and their officers, directors, employees, affiliates, agents, shareholders, contractors, vendors, licensors and suppliers harmless from and against all third party actions or claims, losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms by you, your use of the site, or use of the site from your computer. You also agree to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of:

  • content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive);
  • activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others);
  • your use of or reliance on any user content; and
  • your violation of these Terms. This indemnification obligation includes payment of any attorneys' fees and costs incurred by us or our representatives.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

User Suspension & Termination

We reserve the right to suspend and/or terminate your use of the website at any time for any reason and without notice to you. Your access is likely to be terminated by us in the event that you breach any of your duties, obligations or responsibilities under these Terms. Upon or following termination, we will have no liability to you or any further obligations under these Terms. Your access to this site may be terminated at any time for breach of this agreement, request from legal authorities, technical or security problems, actions on your part which may negatively affect the site, and any other reasons, foreseeable or unforeseeable which accidentvalues.com deems warrants termination.

Severability

To the extent that any provision or portion of these Terms is deemed to be invalid, illegal or unenforceable, such provision or portion will be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible and the remainder of the Terms will remain binding on the parties.

Governing Law and Venue

These Terms will be governed by and construed in accordance with the laws of the State of Delaware without reference to conflict or choice of law rules or principles, and you agree to submit to the exclusive jurisdiction of the state and federal courts sitting in Delaware. You agree to waive all defenses or objections to such jurisdiction and venue. Any and all actions instituted shall be in the State of Delaware.

Your Information

When you provide your information, you agree that if you request it, an attorney may contact you by telephone or email, even if you are part of the Federal Trade Commission’s Do Not Call list or any particular state’s Do Not Call list. This also extends to any applicable trade, business, or other Do Not Call list.

Contact Us

If you have any comments or questions, please contact us at:

159 W 129th St, B1
New York, NY 10027
United States

Last Edited on 2018-08-01