Terms of Use

The information offered by H2M Labs, Inc. (“H2M”) on the web site located at www.h2mlabs.com (“Site”) is subject to the following terms of use (“Terms”).

By accessing, browsing and/or using this Site, you acknowledge and agree to these Terms.  If you do not agree to every provision of these Terms, please do not access, browse or use this Site. We reserve the right to revise these Terms at any time and for any reason, without notice or obligation, by updating this posting. By accessing, browsing and/or using this Site following the posting of changes to these terms, you accept these changes. Any use of this Site in a manner inconsistent with these terms is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Site to review these Terms. These Terms are effective as of May 22, 2009.

1.    Restricted Use of Site Materials

H2M is the copyright owner of all material on this Site, such as software, text, graphics, charts, information images, reports, presentations and other material (collectively referred to as the “Content”). H2M grants you a limited right to access and use this Site. For your personal non-commercial use only, you may print copies of the Content and store it on your own computer. You may not otherwise download or modify this Site or any Content, except with the prior express written consent of H2M. You are not granted any license for (i) any resale or commercial use of this Site or the Content; (ii) any derivative use of this Site or the Content; or (iii) any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use by you shall automatically terminate all rights granted to you hereunder.

Although H2M provides the Content for you personal, non-commercial use, h2M retains its property rights, such as those rights under U.S. and international copyright law, to all Content, including but not limited to non-textual information components, such as graphic images and trade dress, that are part of or incident to the Content. This means that without the prior express written permission of h2M, you may not (i) distribute Content to others; (ii) include Content on any other web site, on a server computer, or in documents, including but not limited to “mirroring” the information and/or displaying the information by means of HTML frames or similar means; or (iii) modify or re-use the Content. H2M reserves all rights not expressly granted herein.

You acknowledge and agree that any name, logo, trademark, or service mark contained on this Site is owned or used with permission by H2M and may not be used by you without the express prior written approval of H2M or the relevant owner of the name, logo, trademark, or service mark. H2M will aggressively enforce its intellectual property rights to the full extent of the law. Your use of any of these materials is prohibited unless specifically permitted by H2M in writing prior to any such use. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.

2.    Linking

You may not link to this Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other web site or material which could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that H2M or other parties involved in creating, producing, or delivering the Site, may monitor or review any links to this Site, H2M and such parties, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

Although this Site may link to other web sites (“External Sites”), H2M is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Site, unless specifically stated herein. By entering this Site you acknowledge and agree that H2M has not reviewed the External Sites and is not responsible for the content contained on any External Site. Your access and use of any External Site is at your own risk.

3.    Disclaimers

While H2M makes reasonable efforts to ensure that the Content is correct, H2M makes no warranties or representations as to the accuracy of the Content.

THIS SITE AND ALL CONTENT IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” AND H2M HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, H2M ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SITE.

4.    Limitations of Liability

You acknowledge and agree that your use of this Site and any Consent is at your own risk. IN NO EVENT SHALL H2M, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LEGAL FEES, EXPERT FEES, OTHER DISBURSEMENTS OR DAMAGES RESULTING FROM LSOT DAT OR BUSINESS INTERRUPTION) RESULTING FROM DIRECTLY OR INDIRECTLY, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER EFFORS, FAILURES OF DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

5.    Applicable Law and Jurisdiction

You agree that the laws of the State of New York will govern these Terms and any dispute concerning or related to these Terms. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in Suffolk County, New York for the purpose of resolving any dispute relating to your access to or use of this Site. H2M may seek injunctive or other appropriate relief in any state or federal court in the State of New York and you consent to exclusive jurisdiction and venue in such courts.

6.    Termination of the Agreement

H2M reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Use and access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. H2M reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability. If these Terms are terminated, this clause and Sections 1, 3, 4, 5, and 8 shall survive the termination of these Terms of Use.

7.    Privacy Statement

Please review our Privacy Policy, which governs your visit to this Site.

8.    General

If any of these terms of use are deemed invalid, void or unenforceable, such terms shall be deemed severable and shall not affect the validity or enforceability of the remaining terms of use. Failure of H2M to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other of these Terms of Use.