Contractual Provisions
The subsequent covenant ("Covenant") shall regulate your engagement with the provisions (“Provisions”) proffered by IHEIN ("Entity," "we," "us," or "our").
The Entity’s formal digital interface is accessible via ihein.com ("Portal"). The Portal, alongside any affiliated products and services that invoke this Covenant, are collectively enclosed under the expression “Provisions”.
Should the necessity to communicate with us arise, you may do so through:
Telephonic Correspondence: 1-866-276-0820
Electronic Mail: support@ihein.com
Postal Address: 1018 Wilmington St, Norfolk, VA 23505, US
By procuring access to or utilizing our Provisions, you ("Participant" or "you"), whether as a sole entity or representing an incorporated entity, indicate your acquiescence to be legally accountable to these stipulations. Should any component of this Covenant be disagreeable, it is recommended you desist from accessing or employing our Provisions.
In the instance of revisions or amendments to this Covenant, we shall strive to proffer prior notification. Such alterations shall become effective instantaneously upon their promulgation on our Portal or through direct notification, dependent on the precedence of occurrence. Perpetual utilization of our Provisions post-amendment signifies your acceptance of the updated stipulations.
Our Provisions are solely accessible to persons at a threshold of no less than 18 years of age. Individuals below this age threshold are strictly precluded from access, registration, or engagement with our Provisions.
Scope of Provisions
The material and informational content dispensed via our Provisions are not intended for proliferation, dissemination, or utilization by any individual or entity within jurisdictions where such actions contravene applicable statutes, regulations, or impose registration prerequisites. Those electing to access our Provisions from such jurisdictions voluntarily assume full responsibility for adherence to relevant local statutes, as pertinent.
Our Provisions are not architected to fulfill specific regulatory standards, such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), among others. Should your engagements necessitate compliance with these or similar legal frameworks, the use of our Provisions is strongly discouraged. Moreover, any employment of our Provisions in contravention of the Gramm-Leach-Bliley Act (GLBA) is explicitly proscribed.
Intellectual Property Rights
Ownership and Rights
We retain proprietary rights or hold licenses to all intellectual property pertinent to our Provisions. This encompasses, but is not limited to, software, databases, designs, text, images, graphics (collectively, the “Content”), alongside trademarks, service marks, and logos contained therein (the “Marks”).
All Content and Marks benefit from safeguarding under U.S. copyright, trademark, and intellectual property statutes, including international treaties. The dispensation of Content and Marks through our Provisions is solely for personal, non-commercial utilization.
Licensing
Conditional on your adherence to these legal stipulations, in conjunction with any related “PROHIBITED ACTIVITIES,” we proffer a revocable, non-exclusive, non-transferable license to:
Utilize the Provisions;
Procure or print Content to which you have rightful access.
Under no circumstances may you reproduce, republish, upload, transmit, encode, or disseminate any segment of our Provisions, Content, or Marks for commercial intents absent our explicit prior written authorization.
For intents not expressly permitted herein, please lodge inquiries to: parmalastrawther@ladlily.com. Upon permission grant, you must acknowledge us as proprietors or licensees of the Content or Marks and maintain all ownership notices intact.
All rights not expressly conferred remain reserved by us.
Violations of these Intellectual Property Rights will precipitate immediate cessation of your access to our Provisions.
User Contributions
Before availing yourself of our Provisions, kindly review this section alongside “PROHIBITED ACTIVITIES” to comprehend:
(a) The rights you consigned to us; and (b) Your liabilities when providing content.
Upon rendering feedback, comments, or other insights about our Provisions ("Submissions"), you delegate to us all intellectual property rights therein. We hold the latitude to employ, disseminate, and appropriate these Submissions for any intent, commercial or otherwise, absent obligation to acknowledge or compensate you.
As a Participant, engagement with our Provisions may include contributions to blogs, forums, or other functionalities. Any content you generate, upload, or share, regardless of format—text, visuals, audio, etc.—is identified as a “Contribution.” Contributions are subordinated to these terms.
Contribution Visibility & Licensing
Contributions may be visible to other users and accessible via third-party platforms. When contributing, you provide a comprehensive license for utilization, encompassing reproduction, sharing, transmission, modification, and integration into other works. This license includes the use of your name, entity name, and any provided commercial images.
User Responsibilities
Upon content submission, you:
Ensure compliance with “PROHIBITED ACTIVITIES.”
Confirm the veracity of content, free from deceitful materials.
Renounce any right to contest its use.
Attest to its authenticity and lawful dissemination rights.
Certify it discloses no confidential information.
In contravention of these stipulations, you shall be liable for resultant damages. We reserve rights to modify or remove content deemed detrimental or violative. These measures could include account suspension or legal referral.
User Representations
By engaging the Provisions, you:
Affirm accurate and current details provision.
Maintain the accuracy of provided details.
Possess the legal authority to adhere to these terms.
Reside within a jurisdiction where Provisions use is lawful.
Abstain from automation in Provisions access.
Comply with pertinent regulations and statutes.
Providing false details may culminate in account suspension or termination.
User Registration
Certain Provisions may necessitate registration. Safeguarding account credentials and password confidentiality is incumbent upon you. We reserve the prerogative to alter or reclaim usernames deemed inappropriate.
Purchases and Payment
Accepted payment modes include:
Visa
MasterCard
Paypal and Stripe
Accurate purchase and account information is imperative for all transactions. Prices and sales tax are subject to modification; all payments shall be rendered in US dollars. You will be levied the prevailing price and shipping charges, with the right reserved to rectify pricing discrepancies.
Purchase restrictions may be imposed based on varying factors, including client account standing and payment method. We reserve rights to limit or annul orders, particularly those emanating from dealerships or resellers.
Return Policy
Review the Service’s Return Policy before initiating a purchase.
Prohibited Activities
Provisions should exclusively serve their outlined purpose. Unsanctioned commercial exploitation or endorsements are forbidden.
Users explicitly must not:
Harvest data or content without authorization.
Employ deceit to solicit sensitive data such as passwords.
Bypass or compromise security features.
Demean or harm the Services reputation.
Harass or injure other users.
Falsify misconduct incidents.
Violate pertinent laws or regulations.
Engage in unauthorized linking or framing.
Disseminate spam or malicious materials, or disrupt Provisions.
Employ automated tools without explicit authorization.
Excise copyright or proprietary notices from content.
Impersonate others or use their usernames.
Upload spyware or data collection tools.
Overwhelm Provisions or associated networks.
Threaten or harass employees or agents.
Copy, modify, or reverse engineer software.
Utilize automated systems or scripts sans approval.
Collect usernames or emails sans consent.
Compete against or exploit Provisions for profit.
User Generated Contributions
Provisions offer platforms for interaction and content sharing, including but not limited to text, visuals, videos ("Contributions"), accessible to others and deemed non-confidential and non-proprietary. When sharing, it is critical to:
Ensure Contributions do not infringe third-party rights.
Grant us and others rights to use, represent, and modify Contributions adherence to these terms.
Permit association of Contributions with identifiable information, as needed.
Refrain from promotional or solicitation content.
Ensure Contributions are non-offensive, harm-free, and non-inciting.
Adhere to pertinent laws and regulations.
Ensure Contributions are age-appropriate and protect minors.
Refrain from harmful content based on race, gender, or other protected characteristics.
Misuse of Provisions may result in consequences, including access loss.
Contribution License
Upon Contribution sharing, you:
Grant us an all-encompassing, perpetual, transferable license to use, share, modify, and build upon Contributions.
Extend this license across media and technologies, including your name, entity, and branding.
You bear sole responsibility for Contributions. We reserve discretionary rights to:
Modify, obscure, or re-categorize Contributions.
Pre-screen or eliminate Contributions without prior notification.
Monitor Contributions, although not obligated to do so.
10. GUIDELINES FOR REVIEWS
You are hereby sanctioned to furnish reviews through our Services, contingent upon strict adherence to the following stipulations:
Convey insights stemming from verifiable and authentic personal experiences.
Eschew the employment of any offensive, vulgar, or otherwise inappropriate language or subject matter.
Refrain from making any discriminatory statements or insinuations based on gender, racial or ethnic origin, socio-economic status, sexual orientation, physical or mental disability, or any other protected characteristic.
Avoid any discourse or commentary that pertains to unlawful activities or intentions.
Do not engage in any unwarranted or unjustified promotion or defamation of individuals, entities, or reputations.
Refrain from making baseless or unsubstantiated claims regarding the legality or illegality of conduct.
Avoid attempts to solicit or induce others to provide reviews, be they positive or negative.
Do not orchestrate or participate in campaigns aimed at manipulating or influencing the direction, tone, or content of reviews.
We reserve the unilateral and absolute right to approve or expunge any review at our sole discretion. We disclaim any responsibility or liability for the content of reviews, and you hereby grant us irrevocable rights to utilize, modify, and amend your review content without restrictions or compensation.
11. SOCIAL MEDIA INTEGRATION
Our Services permit the integration of your accounts from external service providers, and the following important considerations apply:
Integration is accomplished either through the provision of your external account credentials or by granting us explicit authorization to access said accounts.
We remain in full compliance with the prevailing terms and conditions associated with your external service accounts.
We do not impose any additional charges or fees for the utilization of this integration feature within our Services.
Depending on your established privacy settings, certain content from your external accounts may be displayed within our Services.
Should your external account become inaccessible, or if you elect to terminate its connection, consequent changes to our Services may ensue.
Please be advised that your interactions with external service providers fall under your exclusive purview and liability.
While we may examine content derived from your connected accounts to ensure veracity and legal compliance, we disavow any responsibility for such content.
We reserve the right to inform you about other users who have linked the same external service account.
You retain the liberty to disconnect your external service account at any time. Following such disconnection, only your username and profile image will be retained by us.
12. THIRD-PARTY WEBSITES AND CONTENT
Our Services may include links to external websites, hereinafter referred to as “Third-Party Websites,” as well as a variety of materials such as articles, photographs, text, illustrations, etc., collectively termed “Third-Party Content.” We do not possess, endorse, or have control over these external sources, and your engagement with them is conducted entirely at your own risk. Any transactions, engagement, or interactions with Third-Party Websites or Third-Party Content are your exclusive responsibility, and we disclaim any liability or responsibility for any losses or damages incurred in connection therewith. We advise that you peruse their respective terms and policies prior to engagement.
13. SERVICES MANAGEMENT
We reserve the unequivocal right to:
Monitor the Services for any violations or breaches of our terms.
Undertake appropriate legal action, where necessary.
Report any unlawful activities or content to the relevant authorities.
Restrict, deny, or limit your access or contributions to the Services without prior notice.
Administer the Services to ensure optimal functionality and safeguard our rights.
14. PRIVACY POLICY
Your privacy is of paramount importance to us. We request that you peruse our Privacy Policy at https://ihein.com/privacy-policy/. By utilizing our Services, you are consenting to the stipulations of our privacy terms. Please note that our Services are hosted within the United States. Consequently, if you are accessing our Services from outside the United States, you are thereby consenting to the transference and processing of your data to and within the United States.
15. TERM AND TERMINATION
Your agreement with us shall remain effective for the duration of your usage of our Services. However, we reserve the unilateral right to terminate or restrict your access at our sole discretion and for any reason, without prior notification. In the event of account termination, you are prohibited from attempting to establish a new account. Should you violate any terms, we reserve the right to pursue all legally permissible actions against you.
16. Alterations and Service Disruptions
We retain the unequivocal right to modify, amend, or eliminate any component of our Services at our sole discretion, without any obligation to provide prior notice. Additionally, we may, at our discretion, suspend, alter, or discontinue any segment of our Services at any given time without prior notification. In such occurrences, neither you nor any third-party entity may seek redress or hold us liable for any consequences thereof.
It is imperative to clarify that we cannot guarantee uninterrupted access to our Services at all times. Due to potential technical complications, required maintenance procedures, or other unforeseen circumstances, there may be occasional disruptions, delays, or cessation. Should we opt to amend, suspend, or cease our Services for any given reason, we are under no obligation to provide justifications. Moreover, in the event that you encounter difficulties in accessing our Services during such periods, we disclaim any responsibility for any resultant damages or inconveniences. The stipulations within these terms do not constitute an obligation on our part to sustain the Services, proffer updates, or rectify any discrepancies.
17. Applicable Jurisdiction
The stipulations, conditions, and any potential disputes emanating from our Services are subject to and interpreted in strict alignment with the laws of the State of Texas. Regardless of your geographical location, the legislative framework of Texas will preside over all matters associated with our Services, without regard for any divergent legal provisions.
18. RESOLUTION OF DISPUTES
To ensure timely and efficient resolution of any disagreements, disputes, or claims arising out of or in relation to these Terms (hereinafter “Dispute” or “Disputes”), both parties (hereinafter individually “Party” and collectively “Parties”) shall endeavor to resolve any Dispute through amicable negotiations for a period of not less than thirty (30) days prior to initiating any formal proceedings. Such preliminary discussions shall commence upon receipt of a written notification from one Party to the other.
Should the Parties fail to achieve a resolution via preliminary negotiations, it is agreed that, with certain exceptions delineated herein, the Dispute shall be exclusively and definitively resolved through arbitration. It is paramount for you to recognize that by assenting to this clause, YOU ARE WAIVING YOUR RIGHT TO SEEK REDRESS THROUGH THE COURTS AND TO PARTICIPATE IN A JURY TRIAL. This arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes, available on the AAA’s official website. All financial matters concerning arbitration fees and the arbitrator’s remuneration shall be governed by the AAA Consumer Rules, and where pertinent, the AAA Supplementary Procedures for Consumer-Related Disputes. The venue for arbitration may be chosen from in-person hearings, telephonic consultations, or online mechanisms, based on the arbitrator’s discretion. The arbitrator’s decision shall be final and binding but must be in written form. Such a decision can be contested only under the grounds delineated in the Federal Arbitration Act. Both Parties may seek an injunction or other provisional remedies from the court to prevent any breaches while the arbitration proceedings are ongoing.
In instances where legal action is pursued in lieu of arbitration, such actions shall be instituted in the state and federal courts situated within the United States of America, waiving any challenges or objections to such proceedings on the grounds of personal jurisdiction or inconvenience of venue. Additionally, the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms.
For clarity, no Party shall initiate Disputes pertaining to the Services after a lapse of more than three (3) years from the incident giving rise to the Dispute. If any part of this stipulation is deemed unlawful or unenforceable, the remaining provisions shall remain in effect.
The Parties concur that the scope of arbitration shall remain confined to Disputes solely between the Parties involved. As permitted by prevailing laws, the following constraints apply: (a) no arbitration shall encompass multiple parties; (b) no Party can insist on class-based arbitration or engage in class action procedures; and (c) no Party shall be granted the authority or right to initiate any arbitration proceedings on behalf of the general populace or any external entities.
The Parties unanimously acknowledge certain exceptions from the aforementioned resolution processes, specifically: (a) Disputes related to the enforcement or protection of intellectual property rights; (b) Disputes arising from unauthorized use or overuse of the Services; and (c) claims seeking injunctive relief. In cases where such exclusions apply and one of the provisions is determined to be unlawful or unenforceable, the affected Dispute shall be adjudicated in the aforementioned competent courts, and both Parties shall accept the personal jurisdiction of said courts.
20. Rectifications
Any information presented on our Services may contain inadvertent typographical errors, inaccuracies, or omissions, encompassing but not limited to descriptions, pricing, availability, and other relevant information. We reserve an unequivocal right to amend, rectify, or update the information on the Services at any juncture, without any prior notification.
21. Disavowal of Warranty
The Services are provided on an “as-is” and “as-available” basis. You hereby acknowledge and concur that your utilization of the Services is solely at your own risk. In accordance with the maximum extent permissible by applicable law, we disclaim all warranties, whether express or implied, pertaining to the Services and any engagement thereof. This includes, but is not restricted to, any warranties of merchantability, suitability for a specific purpose, and non-infringement. We expressly renounce any liability or responsibility for (1) any discrepancies, errors, or inaccuracies in the content or any external websites or applications linked thereto, (2) any harm, whether tangible or intangible, resulting from your access to, or use of, our Services, (3) the unauthorized access to any personal or financial details, (4) any interruptions in the Services or any data transfer related thereto, (5) any malicious software or unauthorized third-party access, and (6) any discrepancies in any content or materials accessible via the Services. It is incumbent upon the user to exercise prudence and discretion while engaging with any third-party offerings or services.
22. Restriction of Liability
Under no circumstances shall our board members, staff, or representatives be held accountable to any party for any damages—be they direct, indirect, incidental, special, or consequential—including but not limited to loss of profits, data, or other intangible losses resulting from the usage of the Services, even if we have been apprised of the possibility of such potential damages. Any accountability on our part, irrespective of the cause or nature of the action, shall invariably be limited to the nominal amount paid for the Services, except where mandated by law.
23. Indemnification
You hereby commit to indemnifying and holding harmless our organization, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including legal fees, made by any third-party due to or arising out of your breach of these Terms or your infringement of any law or the rights of a third-party. We shall notify you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.
