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Terms Of Use
Revised January 1, 2024
Copyright (c) 2021-2024 Here Investments Inc. All Rights Reserved.
All materials (text, video, photos, graphics, software) contained and transmitted as part of Here products and services (or downloaded from here.co) cannot be broadcast, duplicated, edited, manipulated, published, rented, sold, publicly displayed, used in litigation or used for commercial or promotional purposes without the prior written permission of Here Investments Inc. (“Here”)
PLEASE SCROLL DOWN AND READ THE MEMBERSHIP AGREEMENT AND TERMS OF USE BELOW.
This Membership Agreement and Terms of Use (this “Agreement”) is a binding agreement and governs your use of the here.co website (the “Site”) and all digital products and services from Here, including without limitation content subscriptions, digital events, and ticket sales (each, a “Service”), unless other terms and conditions expressly govern. Services are provided either directly by Here and its subsidiaries (“we”, “us”, “our”) or through a platform or device (e.g., mobile and tablet) offered by a third party with whom we have a business relationship.
By registering for or using a Service or the Site, or by contributing any User Content, you agree to this Agreement. If you do not agree to the terms of this Agreement, you should not continue with the registration for, or use of, the applicable Service. If you have access to, or are using, a Service without having completed our registration process, you are hereby notified that your continued use of a Service is subject to this Agreement.
Changes to Subscriber Agreement. We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been “updated” or similar words). The changes also will appear in this document, which you can access at any time by going to the Subscriber Agreement and Terms of Use link on the Site which are made available through a website or to the Legal or Legal Notices area of those Services which are made available as an application. By using a Service after changes are made to this Agreement you signify that you agree to the changes. If you do not agree to any changes to this Agreement, you should cancel any subscription(s) according to their terms and terminate your account with Here. If any term of this Agreement is deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term(s).
Privacy. You consent to the collection and processing of your data as described in the Privacy Policy (which also governs your use of the Services), including the transfer of data to and storage of data in the United States or any other country where Here has facilities.
Your Account. If we require you to register with Here in order to access certain Services or areas of the Site, you will: (a) provide true, accurate, current and complete information as prompted by the Site’s registration page (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Your account, user name, and password are for your personal and individual use only, and you may not share or transfer them to any third party or permit any third party to log on to the Site using your account information. You are responsible for the confidentiality of your account information and for all activities that occur under your account or password. You will immediately notify us of any unauthorized use of your account or your password. We may choose to permit a certain number of concurrent logins from your personal devices, but sharing a Here+ account is a violation of this Agreement. We may cancel your registration, terminate your account, or refuse service to you if you violate any term of this Agreement. Additional information about our account policies can be found in the support section of the Site.
Electronic Communications. When you use the Site or the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. If you register for a Service, we may communicate with you electronically, and you consent to receive electronic communications such as e-mails, texts, and mobile push notices from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Fees and Payments. You agree to pay the membership fees and any other charges incurred in connection with your account for a Service at the rates in effect when the charges were incurred. Unless you have paid by check, we will bill all charges automatically to your credit card. Membership fees will be billed at the beginning of your membership and at any renewal. Generally, all fees and charges are non-refundable, but we reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we may deduct a processing fee, and we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third party service.
Term; Cancellation and Renewal. This Agreement shall remain in full force and effect while you use the Services. Your membership and any subscription you purchase will each renew automatically until cancelled in accordance with this Section, and unless you have paid by check, we will charge your credit card as stated in Section 5 above for each renewal. We will notify you of all pending renewals before the applicable renewal date for annual subscriptions. You must cancel the applicable subscription or your membership before it renews in order to avoid being charged fees for the renewal term. We may cancel your membership at any time upon notice to you, and, only if we cancel your membership, we will refund you a pro rata portion of any prepaid fees. You may cancel your membership by contacting Customer Service via email at [email protected]. Additional information about our account policies can be found in the support section of the Site.
Cancellation Policy; Monthly, Quarterly and Annual. If you wish to cancel a monthly, quarterly, or annual membership, you can do so at any time, and the cancellation becomes effective at the end of your current billing period. All cancellations are effective the following billing cycle, and any cancellation will cancel only future charges associated with your membership. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your membership for the remainder of the current billing period.
Cancellation Policy; Individual to Group Account. Individual members with an annual or multi-month contract can be added to a group account as a child account at the end of their membership billing period, but we have no obligation to refund or cancel individual accounts that are also eligible as a child account under a group membership.
Limitations on Use. The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available on the Site and through the Services are our property or the property of our advertisers and licensors and are protected by copyright, trademark, and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to any Content received through the Site or the Services to anyone, including, if applicable, your fellow employees. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content, and you may not modify or alter any Content, or post any Content on any network or in any media. You may not use data mining, site scraping, robots, or similar automated data gathering and extraction tools on the Site or the Content.
Community; User Generated Content. You must be registered to access and use certain of the Site’s community areas, and you must use your own first and last name as well as your email address as your user name for these community areas. We may disclose any information about you, including Registration Data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others. We offer you the opportunity to comment on and engage in discussions regarding our Content. Any content, information, graphics, audio, images, and links submitted by you or any user as part of creating a profile or in connection with any of the foregoing activities are referred to as “User Content” in this Agreement and are subject to the terms of this Section 11. You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own investment decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any user, and User Content does not represent the views of Here or any individual associated with Here. We do not control User Content and do not routinely screen, edit, or review User Content. However, we may monitor or remove any User Content from the Site or any Service at any time without notice. You should also be aware that other users may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. User Content may be misleading, deceptive, or in error. We take no responsibility and assume no liability for any User Content. If you upload, post or submit any User Content, you represent to us that the User Content is true and accurate and that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting User Content, you grant Here, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable right and license to use, distribute, publicly perform, display, translate, modify, adapt, reproduce, and create derivative works from your User Content in any and all media or technology, now known or later developed, in any manner, in whole or part, with or without attribution, without any duty to compensate you. You waive all moral rights you may have in any User Content. You also grant us the right to authorize the use of User Content, or any portion thereof, by our members and other users in accordance with the terms of this Agreement, including the rights to feature your User Content specifically on the Services and to allow others to request access to your User Content, such as for example through an RSS Feed. We may use and display the name and/or any likeness contained in or associated with any User Content. As between us and you and apart from the licenses granted hereunder, you retain all rights in your User Content. User Content is not confidential, and we are under no obligation to maintain as confidential any information, in whatever form, contained in any User Content. You will reimburse us for all costs and expenses we incur in resolving all claims against us relating to your User Content. We may remove any User Content for any reason and without notice to you, including all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services.
Inappropriate User Content. You may not submit any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You may not submit any content that: (i) may create a risk of harm, loss, physical or mental injury, or emotional distress, to any person; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. Such violations may subject you and your agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Site or the Services is expressly prohibited by this Agreement. Any such unauthorized use of our systems is a violation of this Agreement and applicable “anti-spam” laws.
Contest and Promotions. From time to time, we, our advertisers, suppliers or other parties may conduct promotions and other activities on, through or in connection with one or more of the Services, including, without limitation, contests and sweepstakes (collectively, “Promotions”). In some cases, users may be able to win a prize as part of a Promotion. Each Promotion may have additional terms and/or rules or eligibility requirements which will be posted or otherwise made available to you in connection with the applicable Promotion.
Third-Party Web Sites, Services and Software. The Site and the Services may contain links to web sites that are not owned, operated, or controlled by Here or its affiliates. Your use of any third party websites, content, data, information, applications, goods, services or materials (collectively, “Third-Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on our part or of our affiliates. We do not verify, endorse, or have any responsibility for Third-Party Services or any third-party business practices (including, without limitation, their privacy policies), whether the Services’ or our logo and/or sponsorship identification is on the Third-Party Services as part of a co-branding or promotional arrangement or otherwise. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third-Party Service you use.
Disclaimer. YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. WE DO NOT WARRANT THE OPERATION OR AVAILABILITY OF THE SITE OR THE SERVICES, OR THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED ON OR THROUGH THE SITE OR THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HERE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ANY HERE SERVICE, OR FROM ANY INFORMATION, CONTENT, THIRD-PARTY SERVICE, OR OTHER MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ANY HERE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Dispute Resolution. The resolution of all disputes relating to the Site or any Service or arising out of this Agreement will be governed by the internal laws of the state of Florida, without regard to its principles on conflicts of laws. You consent to the exclusive jurisdiction of the state and federal courts located in the Middle District of Florida for the resolution of all claims between you and Here.
Copyright Policy. It is our policy to respond to all claims of copyright infringement. If you believe any material available through the Site or any Service infringes your copyright, you should notify us at the address below, including the below-specified information. We will promptly investigate notices of alleged copyright infringement and will follow the procedures specified under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Notification must be submitted to our designated Copyright Agent:
Here Investments Inc.
1000 Brickell Avenue
Suite #715 PMB 363
Miami FL 33131
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
© Copyright 2021-2024 Here Investments Inc. All rights reserved.