Terms of Use

Welcome to the Internet Site of Heartwood Preserve Inc. (“Heartwood”). Heartwood, its subsidiaries, and affiliated companies (referred to herein as “Heartwood,” “we,” “us,” or “our”) maintain this site (the “Heartwood Site”).

BY USING HEARTWOOD SITE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS AND NOTICES CONTAINED OR REFERENCED IN THESE TERMS & CONDITIONS (THE TERMS & CONDITIONS OR TERMS” ON OUR SITE IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS YOU ARE NOT AUTHORIZED TO USE THE HEARTWOOD SITE WE RESERVE THE RIGHT. AT OUR DISCRETION. TO CHANGE. MODIFY. ADD TO, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME WITHOUT NOTICE PLEASE CHECK THE TERMS PERIODICALLY FOR CHANGES YOUR CONTINUED USE OF THE HEARTWOOD SITE FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

The Heartwood Site and its contents are protected pursuant to U.S. copyright laws. All materials published on the Heartwood Site is the copyrighted property of Heartwood, its subsidiaries, and affiliated companies, third party licensors or the party credited. Heartwood claims no copyright in any government or other public domain content that may be on our site. All trademarks, service marks. certification marks and trade names of Heartwood are owned by Heartwood and are protected by state and federal trademark law. All other trademarks appearing on the Heartwood Site are the property of their respective owners.

At times the Heartwood Site may request ideas or materials that include but that are not limited to concepts, know-how, techniques, suggestions, and materials (collectively “Submission(s)”). Except as expressly provided in our Privacy Policy, in a separate written agreement between you and Heartwood, or otherwise expressly stated, by submitting any Submission, whether solicited by us or not, you are automatically granting Heartwood a royalty-free, perpetual non-exclusive. unrestricted worldwide license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials and/or ideas or incorporate such materials and/or ideas into any form, medium, or technology now known or later developed.

Forums, E-Mail, and Public Communication

A user can post or exchange information Ideas, opinions, photographs, images, videos, creative works or any other materials (collectively “Messages) with other uses of the Heartwood Site or the Internet in no event shall Heartwood assume or have any responsibility or liability for any Messages posted or for any claims damages or losses resulting from their use or appearing on the Heartwood Site.

Heartwood does not control Messages delivered to the Heartwood site, and Heartwood assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Messages.

Rules of Conduct

It is a condition of your use of the Heartwood Site that you do not:

• Use it for any illegal purposes (or to solicit any illegal act);
• Restrict or inhibit any other user from using and enjoying the Heartwood Site;
• Post or transmit an unlawful, threatening abusive, libelous, defamatory, obscene vulgar, harassing, pornographic, proline or indecent information of any kind, including images and language or unlawful 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;
• Post or transmit any message with bigoted, hateful, or racially offensive statements;
• Use the site or its services for the purposes of sending junk email. chain letters, duplicative or unsolicited messages or “spamming.” or in connection with contests surveys, or pyramid schemes;
• Try to gain unauthorized access to a Heartwood Site, other users’ accounts, or computers connected to the Heartwood Site through password mining or other means or Interfere with another user’s use and enjoyment of the Heartwood Site or any other individual’s use and enjoyment of related services.

We may change, suspend or discontinue any aspect of our online services at any time. Including the availability of any feature, database, or content available at the Heartwood site Heartwood may also impose limits on certain features and services or restrict your access to parts or all of the Heartwood Site without notice of liability.

Privacy and Security

We respect the privacy of visitors to the Heartwood Site For more information about how we use and protect the personal information you may provide through our website, please review Heartwood privacy policy. Note that Heartwood reserves the right to change its privacy policy at any time without notice.

Heartwood respects the rights of all copyright holders and we ask our users to do the same If you believe that your work has been copied in a way that constitutes copyright infringement on the Heartwood Site, or your intellectual property rights have been otherwise violated, please provide Heartwood’s Copyright Agent with the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act 17 USC § 512.

Notification must be submitted to the following Designated Agent:

Jeffrey A Silver
General Counsel
Heartwood Preserve, Inc
10B05 Old Mill Road
Omaha, Nebraska 68154
Telephone: 402-393-1984
Facsimile 4023938558
E-Mail: jeffreysilverasilver-law.net

No Legal Advice

The information provided on the Heartwood site is for general informational purposes only, and questions about any law, statute, or regulation should be directed to an attorney with expertise in the relevant area.

DISCLAIMER

THE HEARTWOOD SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HEARTWOOD SITE (THE “CONTENT) ARE PROVIDED “AS IS” AND TAS AVAILABLE FOR YOUR USE THE HEARTWOOD SITE INCLUDING CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON INFRINGEMENT. HEARTWOOD DOES NOT WARRANT THAT THE HEARTWOOD SITE AND CONTENT ARE ACCURATE, COMPLETE RELIABLE, CORRECTOR FREE FROM ERROR OR OMISSIONS: THAT THE HEARTWOOD SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE HEARTWOOD SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMLESS COMPONENTS HEARTWOOD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT RELATED TO THE HEARTWOOD SITE YOUR USE OF THE HEARTWOOD SITE IS SOLELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL HEARTWOOD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO YOUR VIOLATION OF THESE TERMS OR THAT RESULT FROM THE USE OF OR INABILITY TO USE, THE HEARTWOOD SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HEARTWOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HEARTWOOD S LIABILITY IN SUCH JURISDICTIONS SHALL BE
LIMITED BUT ONLY TO THE EXTENT PERMITTED BY LAW.

Choice of Law and Forum

This Agreement shall be governed by and construed in accordance with the laws of Nebraska. Actions brought under this Agreement shall only be brought in the District Court of Douglas County, Nebraska or in the United States District Court for the District of Nebraska, provided that federal jurisdictional requirements are satisfied. You agree and submit to the jurisdiction of such courts for the purpose of litigating any claim or action related to this Agreement.

Questions

If you have any questions concerning these Terms and Conditions on the Heartwood Site, please contact us at info@HeartwoodOmaha.com.