Terms & Conditions

Last updated: March 1, 2023

Introduction

Welcome to theherculestools.com, owned and operated by Hercules® Tools (“Hercules“, “we“, “us“, or “our“). These Terms of Use (“Terms”) set forth the legally binding terms for your use of the Website at theherculestools.com (the “Site“) and any associated services (“Services”).

By accessing or using the Site or Services in any manner, you agree to be bound by these Terms and represent that you have read and understand these Terms. If you do not agree to all provisions of these Terms, do not access or use the Site or Services.

These Terms require the use of arbitration to resolve disputes and also limit the remedies available to you in the event of a dispute. If you do not fully agree to these Terms, you may not access or use the Site or Services.

Use of Site and Services

The Site and Services may only be used by individuals aged 18 years or older. If you are under 18, you may not access, use, or register for the Site or Services.

The Site and Services are intended solely for users who are residents of the United States. We make no claims or warranties that the Site, Services, or any content is accessible or appropriate outside of the United States. Accessing the Site or Services from territories where their contents are illegal is prohibited.

You agree to use the Site and Services only for lawful purposes and in a lawful manner. You will comply with all applicable laws, rules, and regulations in connection with your access to and use of the Site and Services.

You agree not to access or use the Site or Services to:

Violate any law, regulation, or ordinance, or any right of Hercules, including intellectual property rights;
Interfere with or disrupt the operation of the Site or Services, servers, or networks connected to the Site or Services;
Transmit any viruses, worms, defects, Trojan horses, or other items of destructive nature;
Post, upload, transmit, share, or store content that is unlawful, defamatory, harassing, abusive, fraudulent, or obscene;
Post, upload, transmit, share, or store content that infringes or violates another party’s rights, including intellectual property rights;
Engage in spamming, phishing, or other unauthorized solicitations or advertising;
Harass, threaten, or otherwise abuse Hercules staff or other users;
Misrepresent your identity or provide false information; or
Engage in any other activities deemed by Hercules to be in conflict with the spirit or intent of these Terms.

Violations may lead to termination of your access to the Site and Services.

Intellectual Property Rights

The Site, Services, and all content and other materials contained on the Site or provided in connection with the Services, including all intellectual property rights in and to the same (“Hercules Content”) are owned by Hercules, its licensors, or other providers.

You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Hercules Content, except as expressly authorized herein. You do not acquire any ownership rights in or to the Hercules Content by accessing or using the Site or Services. Any use of the Hercules Content not expressly permitted by these Terms is a breach of these Terms.

If you provide any feedback, suggestions, improvements, enhancements, modifications, or other recommendations regarding the Site, Services, or Hercules Content to Hercules (“Feedback”), you hereby grant Hercules the right to freely use and exploit such Feedback without restriction or compensation to you.

User Content

If you post, upload, input, provide, or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other personal information and materials, sign up to our mailing list or allow us to access your social media accounts (collectively, your “User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete.

We do not own, control or endorse any User Content transmitted, stored or processed via the Site or Services. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.

By submitting any User Content, you grant Hercules a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, modify, distribute, archive, delete or display such User Content in connection with operating and providing the Site and Services. You irrevocably waive any moral rights you may have in any User Content.

You represent and warrant that: (i) you own the User Content submitted by you, or otherwise have the right to grant the licenses set forth herein; (ii) the posting and use of your User Content does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person; and (iii) the posting of your User Content does not result in a breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other costs incurred by Hercules in connection with any User Content you provide.

We have the right but not the obligation to monitor, edit or remove any activity or content including User Content. You agree that we may access, use, preserve and disclose your account information and User Content if required to do so by law or pursuant to legal process; to protect the rights, property or safety of Hercules, its employees or the public; to address fraud, security or technical issues; or to enforce these Terms.

Accounts and Passwords

To access certain features, you may be required to register and create an account (“Account”). When you create an Account, you agree to provide accurate and complete information and to promptly update your information if it changes.

You are solely responsible for all activity that occurs under your Account. Do not reveal your Account password to others.

We may suspend, disable, or delete your Account if we suspect any breach of security, violation of these Terms, or other unlawful activity associated with your Account.

Purchases and Payments

If you wish to purchase any products or services made available through the Site or Services (“Purchases”), you may be directed to a third party payment processor to process your payment. Any such Purchases are transactions solely between you and the applicable third party provider. Hercules is not responsible for the products or services offered by third parties. The applicable third party’s terms of use, privacy policy, and other policies will govern your Purchases. We have no responsibility or liability related to any Purchases.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or made available on the Site or Services are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are for convenience only. The inclusion of products or services on the Site or Services at a particular time does not imply or warrant they will be available at any other time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Site or Services. By placing an order, you represent that the products ordered will be used only in a lawful manner.

We reserve the right to limit or prohibit orders or Purchases that, in our sole judgment, appear to be placed by unauthorized dealers, resellers, or distributors.

Third Party Content and Links

The Site and Services may contain content provided by third parties not under our control or endorsements of third party products or services. We make no representations or warranties regarding any third party content. Your interactions with third parties providing products, services, content, endorsements, advertisements, or promotions via the Site or Services are solely between you and the third party.

The Site or Services may contain links to websites operated by third parties whose policies and practices may be different from ours. We are not responsible for the content or privacy practices of any linked websites. We provide such third party links solely for your reference and convenience. The inclusion of links does not imply endorsement of the linked website or its products or services. Your access and use of linked websites is at your own risk.

Disclaimers

THE SITE, SERVICES, HERCULES CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

HERCULES DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, SERVICES, HERCULES CONTENT, USER CONTENT AND THIRD PARTY CONTENT AND SERVICES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

HERCULES DOES NOT WARRANT THAT THE SITE, SERVICES, HERCULES CONTENT, USER CONTENT OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE SECURE, COMPLETE, ACCURATE, ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED. HERCULES DOES NOT CONTROL, ENDORSE, SPONSOR OR ADOPT ANY USER CONTENT AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING USER CONTENT, INCLUDING REGARDING ITS ACCURACY OR COMPLETENESS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, SERVICES, HERCULES CONTENT OR Hercules WILL CREATE ANY REPRESENTATIONS OR WARRANTIES.

Your access and use of the Site, Services, Hercules Content, User Content and any Third Party content or services is at your own discretion and risk, and you are solely responsible for any resulting damage or loss.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL HERCULES, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, EMPLOYEES, LICENSORS, ASSOCIATES, SUPPLIERS, DISTRIBUTORS, OR OPERATORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, LOST REPUTATION, OR LOST DATA ARISING FROM OR RELATING TO THESE TERMS, THE SITE, SERVICES, HERCULES CONTENT, USER CONTENT OR ANY THIRD PARTY CONTENT OR SERVICES;
ANY MATTER BEYOND OUR REASONABLE CONTROL;
ANY DAMAGE CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM HERCULES;
ANY OFFERINGS OF PRODUCTS, SERVICES, STATEMENTS, OR OTHER INFORMATION BY THIRD PARTIES;
ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES;
ANY UNAUTHORIZED ACCESS, ALTERATION, THEFT OR DESTRUCTION TO, OF OR ANY USE, INABILITY TO USE, SUSPENSION, TERMINATION OR INTERRUPTION OF THE SITE, SERVICES, HERCULES CONTENT, USER CONTENT OR THIRD PARTY CONTENT OR SERVICES;
ANY ERRORS, OMISSIONS OR DEFECTS IN OR ARISING FROM THE SITE, SERVICES, HERCULES CONTENT, USER CONTENT OR THIRD PARTY CONTENT OR SERVICES;
ANY ACT OR OMISSION BY US IN ADMINISTERING THE SITE OR SERVICES; OR
ANY OTHER ACT, OMISSION OR MATTER RELATED TO THE SITE, SERVICES, HERCULES CONTENT, USER CONTENT OR THIRD PARTY CONTENT OR SERVICES;

REGARDLESS OF THE FORM OR CAUSE OF ACTION (WHETHER BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF HERCULES HAS BEEN INFORMED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF DAMAGES.

IF, NOTWITHSTANDING THE ABOVE, HERCULES IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION (WHETHER BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF HERCULES TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS, THE SITE, SERVICES, HERCULES CONTENT, USER CONTENT OR ANY THIRD PARTY CONTENT OR SERVICES IS LIMITED TO THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO HERCULES IN THE PRIOR SIX (6) MONTHS.

Some jurisdictions do not allow limitations of liability, so these limitations may not apply to you.

Indemnity

You agree to defend, indemnify and hold harmless Hercules, its parents, subsidiaries, affiliates, related companies, officers, directors, representatives, agents, licensors, suppliers, distributors, employees, successors and assigns from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from or related to: (i) your access to or use of the Site, Services, Hercules Content, User Content or any Third Party content or services; (ii) your User Content; (iii) any actual or alleged breach of these Terms by you; or (iv) any other matter for which you are responsible hereunder. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense.

Termination

We reserve the right, without notice and in our sole discretion, to terminate your access to the Site or Services and to block or prevent your future access to and use of the Site and Services. Our rights will survive any termination of these Terms.

Governing Law and Jurisdiction

All matters relating to the Site, Services, Hercules Content, User Content and these Terms are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

Any legal suit, action or proceeding arising out of or related to the Site, Services, Hercules Content, User Content or these Terms will be instituted exclusively in the federal courts of the United States or the courts of the State of California located in Los Angeles County, California. You consent to the exclusive jurisdiction of such courts and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Arbitration Agreement

At our or your election, all disputes, claims, and controversies arising from or related to the Site, Services, Hercules Content, User Content or these Terms will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by either party will be final and binding on the other.

YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

The determination of whether a claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Hercules will pay all arbitration fees and expenses.

The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and provide a statement of reasons if requested by either party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and we may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Class Action Waiver

You agree that any arbitration or proceeding will be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Modifications

We reserve the right to modify these Terms from time to time. Updated versions of these Terms will appear on this website and are effective immediately. You should revisit this page periodically to ensure you are aware of the current Terms. Your continued access or use of the Site or Services constitutes your agreement to the modified Terms. If you do not agree to modified Terms, you must immediately stop accessing or using the Site and Services.

Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full force and effect.

No Waiver

Our failure to enforce or exercise any provision of these Terms is not a waiver of that or any other provision.