Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE

LAST REVISED: September 1, 2023

THIS WEBSITE, ANY MATERIAL MADE AVAILABLE FOR DOWNLOAD ON IT, AND RELATED SERVICES (COLLECTIVELY, THE “SITE”) ARE THE PROPERTY OF THE HANNIG ENVIRONMENTAL RESEARCH ORGANIZATION (“HERO”), AND ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (“TERMS”). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

  1. Restrictions on Use

You agree that you will not be making use of the Site for unlawful purposes and would bear in mind all the laws and regulations. You agree to not use this Website in a way that may impact its performance, corrupt the content or in any way hinder the functionality of this Website. You also agree not to compromise the safety of this Website or trying to enter restricted areas of this website. You consent to be entirely responsible for any claim, liability, expense, costs and losses that include legal fees by us, which arises from violation of the HERO Terms.

All pages within this Website and any material made available for download are the property of HERO and/or its affiliates. The Website is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of HERO. The Site is for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by HERO.

You agree and undertake not to:

Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the HERO Site and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without HERO’s or the Third Party license holder’s prior written and specific consent and/or as expressly permitted under these HERO Terms.

Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of HERO or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity, or brand in a bad or disparaging light, without their prior explicit approval.

Take any action to collect login data and/or passwords for other websites, third parties, software or services without the express consent of the owners of that data.

Phish, collect, upload, or otherwise make publicly available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable.

Upload, insert, collect or otherwise make available within the HERO Website or your Client Website(s) (or any part thereof), any malicious, unlawful, defamatory or obscene content.

Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the HERO Site (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the HERO Site to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the HERO Site.

Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use HERO or HERO Marks and/or variations and misspellings thereof.

Impersonate any person or entity or provide false information on the HERO Site, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to HERO. Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that HERO endorses you, your business, your products, or any statement you make.

Reverse look-up, trace, or seek to trace another user of HERO Site, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the HERO Site without their express and informed consent.

Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the HERO Site, or any other systems or networks connected to the HERO Site, by hacking, password mining, or other illegitimate or prohibited means.

Probe, scan, or test the vulnerability of the HERO Site or any network connected to the HERO Site.

Upload to the HERO Site, design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component (“Viruses”), or otherwise use them to disseminate Viruses to other web based sites, platforms, or applications.

Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the HERO Site or networks connected to the HERO Site, or otherwise interfere with or disrupt the operation of any of the HERO Site, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.

Use any of the HERO Site in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising.

Access the HERO Site and content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.

Sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or the HERO Site, except as expressly permitted by the HERO Terms.

Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the HERO Site.

Violate, attempt to violate, or otherwise fail to comply with any of the HERO Terms or any laws or requirements applicable to your use of the HERO Site.

  1. Trademark Notice

HERO, the Hannig Environmental Research Organization, and the blue and green dolphin, kelp, and wave logo are the logos, trademarks, and service marks of HERO. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. HERO trademarks and logos may not be used by third parties without the express written permission of HERO.

  1. Intellectual Property

All rights, title and interest in and to the HERO Site, including any and all copyrightable materials or any other content thereof created by HERO which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the HERO Site, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to HERO.

  1. Privacy

Certain parts of the HERO Site (including certain Third Party Services available therein, as further explained in Section “Third Party Services” below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular, and as a part of accessing or using the HERO Site and such Third Party Services may collect, access and use certain data pertaining to users, including the activities or navigation undertaken by users through the HERO Site. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

  1. Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

HERO, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although HERO attempts to ensure the integrity and accurateness of the information provided on the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site content. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform HERO so that it can be corrected. Information contained on the Site may be changed or updated without notice.

  1. Confidential and Proprietary Information

Do not submit any proprietary information through the Site. Please note that, unless otherwise provided in the Site’s Privacy Policy, any information or material sent to HERO through the Site will be deemed NOT to be confidential. By sending HERO any information or material, you grant HERO an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that HERO is free to use any ideas, concepts, know-how, or techniques that you send us through the Site for any purpose.

  1. Links or Pointers to Other Sites

HERO makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-HERO Website, please understand that it is independent from HERO, and that HERO has no control over the content on that Website. In addition, a hyperlink to a non-HERO Website does not mean that HERO endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

  1. Third Party Payment Processors

We use third party payment processors to assist in processing your payment information securely for donations and event ticket purchases. Such third party processors’ use of your personal information is governed by their respective privacy policies. Payments are currently processed and managed using Paypal. Their privacy policy can be accessed here: https://www.paypal.com/myaccount/privacy/privacyhub.

  1. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, HERO, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the HERO Site; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the HERO Site; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the HERO Site; (6) and/or events beyond the reasonable control of HERO, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, disruption to satellite service, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.

  1. Indemnity

You agree to defend, indemnify and hold harmless HERO, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from your violation of any term of these Terms of Use or any other HERO Terms.

  1. Choice of Law and Venue

The HERO Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the HERO Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America, without respect to its conflict of laws principles.

​Subject to any applicable law, all disputes between you and HERO shall only be resolved on an individual basis and you shall not have the right to bring any claim against HERO as member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

  1. Modification

We reserve the right to change any part of the HERO Terms without any prior notice. Your continued use of our website constitutes  your consent to these modified HERO Terms. We encourage our visitors to constantly check the HERO Terms for any modifications. HERO reserves the full right to alter or erase any part of this Site without warning and shall not be liable for any damages you incur as a result of those alterations or deletions.

  1. Notices

We may provide you with notices in any of the following methods: (1) via the HERO Site, including by a banner or pop-up within the HERO Site, or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. HERO’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

  1. Severability & Waivers

If any provision of the HERO Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the HERO Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

  1. Entire Agreement

These Terms and Conditions constitute the entire agreement between HERO and you pertaining to the subject matter of this Agreement. In its sole discretion, HERO may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.