Terms & Conditions

Effective Date: November 22, 2024

The following terms and conditions (the “Terms of Service”) govern all use of the https://herbieplan.com/ website (the “Site”). By using the Site, you agree to be bound by the Terms of Service. Herbie Innovations, Inc. (“Herbie”) reserves the right to modify or replace the Terms of Service and all other operating rules, policies and procedures that may be published on the Site by Herbie from time to time without notice. Please review the Terms of Service periodically so that you will be apprised of any changes. Continued use of the Site following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

Content
You agree that all content and materials (collectively, “Content”) made available by Herbie on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Herbie in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from such Content. However, you may print or download a reasonable number of copies of the Content on the Site for your own informational purposes; provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Herbie.

Copyright
All Content on the Site, including but not limited to text, graphics, logos, icons, images, and video clips, is the exclusive property of Herbie or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of Content on the Site is the exclusive property of Herbie and is also protected by U.S. and international copyright laws. The Content on the Site may be used as a resource, provided that Herbie is cited as the source of such Content. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Site is strictly prohibited.

Trademarks
HERBIE and the Herbie logo are trademarks of Herbie. All other trademarks mentioned on the Site are the property of their respective owners. The trademarks and logos displayed on the Site may not be used without the prior written consent of Herbie or their respective owners.

Other Policies
For information regarding Herbie’s treatment of personally identifiable information, please review Herbie’s current privacy policy at https://herbieplan.com/privacy-policy/

General Disclaimer
THE SITE AND CONTENT IS PROVIDED BY HERBIE ON AN "AS IS" BASIS. HERBIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HERBIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Herbie is a technology service providing forms, information and access to self-service tools. Herbie is not a law firm, does not provide legal advice, and does not review your specific information or other data inputs for legal sufficiency. If you have unique considerations or questions about your individual situation, please consider talking with a lawyer. Although Herbie has attempted to provide accurate information on the Site, Herbie assumes no responsibility for the accuracy or completeness of the information. Herbie may change the products and services mentioned on the Site at any time without notice, but Herbie makes no commitment to update the products or services mentioned on the Site in any respect. Any mention of non-Herbie products or services on the Site is for information purposes only and constitutes neither an endorsement nor a recommendation unless otherwise stipulated by Herbie.

Liability Limitation
HERBIE WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF HERBIE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third-Party Websites
The Site may contain links to third-party websites. Access to any other Internet website linked to the Site is at your own risk and Herbie is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites. As such, Herbie is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party website. Herbie provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.

Miscellaneous
Herbie may terminate or suspend access to the Site immediately, without prior notice or liability, if you breach the Terms of Service or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service are not assignable, transferable or sublicensable by you except with Herbie’s prior written consent. The Terms of Service shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to the conflict of laws provisions thereof, as if made within Delaware between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in New Castle County. Both parties agree that the Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind Herbie in any respect whatsoever.

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