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Terms & Conditions

Effective Date: February 22, 2010

Please review the following terms and conditions very carefully before continuing to visit this website.

By visiting any area on this website, you acknowledge and agree to these Terms & Conditions of Use with M.M. Herman & Associates, LLC (herein referred to as "MM Herman", "we", "us", or "our").  If you do not agree to all of these terms and conditions, you should immediately close this browser window/tab – you may not view or utilize our website for any purpose, nor may you purchase any products or services from us or any of our subsidiaries or joint ventures.

RESTRICTIONS ON RIGHTS TO INFORMATION, CONTENT, AND MATERIALS

This website is owned and operated by MM Herman. All rights in the intellectual property and proprietary information contained in this website, including without limitation copyright, trademarks, trade secret and patent rights, are reserved.  By viewing this website, you are agree that all information, content, and materials accessed through MM Herman.com - including without limitation all text, graphics, logos, slogans, button images, icons, layout formats, data compilations, programs, audio/video clips, digital downloads, and software - fall within the purview of Section 107, Limitations on exclusive rights: Fair Use in the Copyright Law of the United States of America.  The use of any such material on any other website or networked computer environment is strictly prohibited.  Under no circumstances may you claim material published on this site to be your own.  No information, content, or material from the site – textual, graphical, or otherwise - may be copied, reproduced, removed, deleted, augmented, modified, republished, translated, adapted, downloaded, uploaded, posted, transmitted, distributed, licensed, sublicensed, published, transferred, sold, resold, leased/rented, exhibited, used in a derivative work, or otherwise exploited; any alteration or duplication of our information, content, or materials - or any use of our information, content or materials for any unauthorized purpose - constitutes a violation of MM Herman’s proprietary and intellectual property rights.  Except as otherwise indicated on this site, all trademarks, service marks and trade names are proprietary to MM Herman, including without limitation “M.M. Herman”; “MM Herman”; “mmherman.com”; “MMH”; “M.M.H.”; “Keeping People Healthy”;  “Flu Armour”; “Flu Armor”; “Breathe, Touch, Shield, Scrub, Cleanse” (and any variation on those terms); “fluarmour.com”; “fluarmor.com”; “Flu Armour Personal Protection Group”; “Flu Armor Personal Protection Group”; “Pandemic Emergency Defense System”; “P.E.D.S.”; “PEDS”; “Flu Armour Professional Solutions Group”; and “Flu Armor Professional Solutions Group.” Statutory notice contained herein represents trademark status in the United States.

ACCESS AND USE LICENSE

MM Herman hereby grants you a limited, revocable, nonexclusive license to access and make personal use of this site and not to download (other than page caching) or in any manner alter it without express written consent of MM Herman.  MM Herman authorizes you to make a single copy of the content herein for use in learning about, evaluating, or acquiring MM Herman products or services - you agree that any such copy must be accompanied by MM Herman's terms and conditions, and that these terms and conditions control use of said copy.  This license does not allow any of the following: commercial use of this site or its contents beyond commerce conducted with MM Herman or its subsidiaries or joint ventures; collection or use of any product listings, descriptions, or prices; derivative use of this site or its information, contents, and materials; downloading, extraction, or copying of account information for the benefit of another merchant; use of a robot, spider, data miner, crawler, scraper or similar data gathering and extraction tools.  Access is limited to viewing the linked web pages solely for legitimate business purposes - any access or attempt to access other areas of the MM Herman computer system or other information contained on the system or website for any purpose is strictly prohibited.  You may not interfere or attempt to interfere with the proper working of this website.  No portion of this site may be copied, reproduced, duplicated, republished, posted, distributed, transmitted, adapted, translated, published, licensed, sublicensed, exhibited, used in a derivative work, sold, resold, leased/rented, or otherwise exploited without express written consent of MM Herman.  You may not utilize framing techniques to enclose any MM Herman trademark, logo, image, text, layout, format, or other proprietary information or intellectual property without express written consent. You may not utilize any "hidden text" (e.g. meta tags) that references MM Herman's name, trademarks, copyright or other proprietary information or intellectual property without the express written consent of MM Herman.  You may not create a hyperlink to the homepage of this website without our express written permission.  MM Herman may suspend or terminate your right to do business with us for any reason at any time in our sole discretion, including without limitation, revoking your right to use or access this website and any online account.  Any unauthorized use of this site or the material therein immediately terminates this license granted by MM Herman. 

SUBMISSIONS

You hereby grant MM Herman a perpetual, irrevocable, non-exclusive, royalty-free, fully sublicensable, worldwide right to  exercise any and all trademark, copyright, publicity, database, and other intellectual property rights or proprietary rights you may have in any content you communicate to us – be it verbally, in writing, electronically, or in any other manner - in connection with this website; MM Herman and its subsidiaries, licensees, sublicensees, and joint ventures may use, alter, duplicate, copy, reproduce, transfer, adapt, translate, distribute, license, sublicense, sell, resell, publish, exhibit, create derivative works from, and display such content throughout the world in any media.  By accepting these terms and conditions, you represent and warrant: that you own or otherwise control all of the rights to the content that you communicate to us and represent as your own; that said content is complete and accurate; that said content does not violate this or any other legitimate business policy or practice; that said content does not violate any law; and that you will indemnify, release, hold harmless, and defend MM Herman against all claims concerning the content you supply.  Unless otherwise specified in writing, all content, information, and material submitted to MM Herman will be presumed to be public and thus non-confidential.  Note that this clause intends to address to comments, suggestions, questions, complaints, etc.  This does not impact the force of our Statement on Privacy or MM Herman's dedication to the security of your personal, financial, and otherwise sensitive information.

DISCLAIMER

THIS WEBSITE AND ALL INFORMATION, MATERIALS, CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MM HERMAN ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, MM HERMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER IMPLIED WARRANTY THAT MAY ARISE FROM THE COURSE OF DEALING, USAGE, PERFORMANCE OR TRADE. MM HERMAN DOES NOT IN ANY MANNER WARRANT THAT THIS WEBSITE  WILL FUNCTION IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT MALFUNCTIONS OR DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  MM HERMAN DOES NOT WARRANT THAT EMAIL WE SEND IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  MM HERMAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, EFFICACY, OR THE RESULTS OF THE USE OF THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THIS SITE.  MM HERMAN MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE INFORMATION, MATERIALS, AND CONTENT ON THIS WEBSITE WILL BE ACCURATE, COMPLETE, RELIABLE, OR UP-TO-DATE. MMHERMAN HANDLES PRIVATE, FINANCIAL, AND OTHERWISE SENSITIVE INFORMATION WITH THE UTMOST LEVEL OF SECUIRTY AND CARE; HOWEVER, WE CANNOT GUARANTEE THAT ANY TRANSACTION OR TRANSFER OR STORAGE OF INFORMATION IS 100% SECURE.  THIS SITE MAY BE LINKED TO OTHER SITES WHICH ARE NOT MAINTAINED BY MM HERMAN; MM HERMAN IS NOT RESPONSIBLE FOR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THESE SITES.  MM HERMAN DISCLAIMS ANY ENDORSMENT RELATING TO OR LIABILITY FOR A) LINKS TO OUR WEBSITE FROM ANOTHER SITE; AND B) LINKS FROM OUR WEBSITE TO ANOTHER SITE.  IT IS ENTIRELY YOUR RESPONSIBILITY TO ASSESS THE VIABILITY AND APPROPRIATENESS OF THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, ESPECIALLY AS THEY RELATE TO YOUR SPECIFIC NEEDS.  THE USER ASSUMES THE ENTIRE COST OF ALL SERVICES, REPAIRS, CORRECTIONS, DEBTS, LIABILITIES OR OTHERWISE THAY MAY ARISE FROM THE USE/MISUSE OF OUR WEBSITE AND ITS RELATED INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES.  YOUR JURISDICTION MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN TYPES OF DAMAGES. THUS, IT IS POSSIBLE THAT PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU; HOWEVER, THE LIMITATION OR EXCLUSION OF A PARTICULAR DISCLAIMER OR LIMITATION SHALL IN NO MANNER IMPACT ANY OTHER PROVISION HEREIN, NOR SHALL IT AFFECT THE VALIDITY OR FORCE OF THAT LIMITATION OR DISCLAIMER IN OTHER JURISDICTIONS.  ALL INFORMATION ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE TERMS OF USE, IS SUBJECT TO CHANGE WITHOUT NOTICE.

LIMITATION OF LIABILITY

You hereby agree to release MM Herman, including its agents, representatives, employees, contactors, directors, joint ventures, officers, shareholders, affiliates, advisers, advertisers, promoters and third-party providers (hereinafter “affiliates”), from all damages, claims, losses and actions that may arise from use of or inability to use this website and/or its related terms, conditions, content, information, materials, products, and/or services. Under no circumstances, including negligence, will MM Herman or its affiliates be liable for any damages - including but not limited to statutory, direct, indirect, special, incidental, consequential, or punitive damages - that may arise from the use of, or inability to use, this website and/or the content, information, materials, products and/or services available on or through this website, even if MM Herman or its affiliates were advised as to the possibility of such damage(s).  This limitation of liability applies to, but is not limited to: 1) actual or alleged injuries, losses, claims, damages and/or causes of action concerning the use or misuse of products manufactured, distributed, sold and/or resold by MM Herman and/or its affiliates; 2) actual or alleged injuries, claims, damages, losses, and/or causes of action concerning services provided by and/or associated with MM Herman and/or its affiliates; 3) actual or alleged injuries, claims, losses, damages and/or causes of action concerning technical malfunctions or failures of any kind that may result from accessing this website or receiving email from MM Herman and/or its affiliates; 4) actual or alleged injuries, claims, damages, losses, and/or causes of action concerning delay, disruption or failure in attempting to conduct business, or failure during the course of conducting business; 5) actual or alleged injuries, claims, losses, damages, and/or causes of action related to the use or inability to properly use this website; 6) actual or alleged injuries, claims, losses, damages, and/or causes of action related to the accuracy, completeness, or reliability of information, material, and/or content appearing on the website; 7) actual or alleged injuries, claims, losses, damages and/or causes of action concerning the shipment and/or delivery of a product or service; 8) actual or alleged injuries, claims, losses, damages and/or causes of action concerning the collection, interception, use, transmission, storage, or disclosure of your personal, financial, and/or otherwise sensitive information; and 9) actual or alleged injuries, claims, losses, damages and/or causes of action concerning the quality, nature, and/or characteristics of products manufactured, distributed, sold and/or resold by MM Herman and/or its affiliates.

PRIVACY

You hereby consent to our collection, storage, transfer, use, and disclosure of information as described in our Statement on Privacy.

ACKNOWLEDGEMENTS

You acknowledge that you are not an agent of MM Herman and warrant that you have neither paid nor will pay anything of value to any government employee in connection with the resale of MM Herman products.  You acknowledge that you are at least 18 years of age or are accompanied by an adult – you may not purchase products or services through this website if you are less than 18 years of age and unaccompanied by an adult.

INDEMNIFICATION

You hereby agree to indemnify, hold harmless, and defend MM Herman and its affiliates in connection with any third-party damages, rights, claims, losses and/or actions that may arise from use of or inability to use this website and/or its related terms, conditions, content, information, materials, products and/or services.  Under no circumstances, including negligence, will MM Herman or its affiliates be liable to any third party for any damages - including but not limited to statutory, direct, indirect, special, incidental, consequential, or punitive damages - that may arise from the use of, or inability to use, this website and/or the content, information, materials, products and/or services available on or through this website, even if MM Herman or its affiliates were advised as to the possibility of such damage(s).  This agreement to indemnify, defend, and hold harmless applies to, but is not limited to: 1) actual or alleged injuries, losses, claims, damages and/or causes of action concerning the use or misuse of products manufactured, distributed, sold and/or resold by MM Herman and/or its affiliates; 2) actual or alleged injuries, claims, damages, losses, and/or causes of action concerning services provided by and/or associated with MM Herman and/or its affiliates; 3) actual or alleged injuries, claims, losses, damages and/or causes of action concerning technical malfunctions or failures of any kind that may result from accessing this website or receiving email from MM Herman and/or its affiliates; 4) actual or alleged injuries, claims, damages, losses, and/or causes of action concerning delay, disruption or failure in attempting to conduct business, or failure during the course of conducting business; 5) actual or alleged injuries, claims, losses, damages, and/or causes of action related to the use or inability to properly use this website; 6) actual or alleged injuries, claims, losses, damages, and/or causes of action related to the accuracy, completeness, or reliability of information, material, and/or content appearing on the website; 7) actual or alleged injuries, claims, losses, damages and/or causes of action concerning the shipment and/or delivery of a product or service; 8) actual or alleged injuries, claims, losses, damages and/or causes of action concerning the collection, interception, use, transmission, storage, or disclosure of your personal, financial, and/or otherwise sensitive information; and 9) actual or alleged injuries, claims, losses, damages and/or causes of action concerning the quality, nature, and/or characteristics of products manufactured, distributed, sold and/or resold by MM Herman and/or its affiliates.

JURISDICTION

MM Herman and its affiliates reserve the right to bring any claim, dispute, disagreement or legal proceeding in any court of competent jurisdiction.  All claims, disputes, disagreements and legal proceedings against MM Herman and/or its affiliates concerning the material, content, and/or information available through this website - as well as any or any claims, disputes, disagreements and legal proceedings concerning products and/or services offered by MM Herman and/or its affiliates - must commence within one year after the cause of action arises and shall be submitted exclusively to the jurisdiction of a state or federal court located in San Francisco, California.  You hereby agree to submit to the personal jurisdiction of the courts located within San Francisco, California for the purpose of litigating any claims or disputes.   This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into, to be performed, and/or performed entirely within California between California residents; you hereby waive any claims, rights, or arguments regarding conflict of law.

FULFILLMENT AND DELIVERY

Fulfillment and delivery of each and every order is subject to availability, as well as market conditions, labor conditions, natural conditions (e.g. weather, disease outbreak, earthquake), geopolitical conditions (e.g. warfare, import bans, trade route issues), and other factors. Orders placed online or over the phone may be canceled within 24 hours of placement, as long as the order has not yet shipped.  Cancellations must be submitted via e-mail to shipping@mmherman.com.  If your order has shipped, cancellations are not permitted.  Due to the sensitive nature of our products, returns are not accepted under any circumstance.   MM Herman strives to ship orders within 24 hours – however, we cannot and do not guarantee that orders will ship within 24 hours, or within any time frame for that matter.  If shipped goods arrive at a destination damaged or defective – or if the wrong product is shipped - you must e-mail shipping@mmherman.com within 48 hours of receipt of order.  In this case, a representative will attempt to work with you to reach a proper resolution; although, no action or resolution is guaranteed, it is MM Herman's intent to provide a superior product to the marketplace…and to achieve complete customer satisfaction.

PRICING

Although MM Herman puts forth a diligent effort to post the most current prices for our products and services, we occasionally list an incorrect price.  If you purchase an item, and if an item’s correct price is lower than listed, we will usually apply the lower price and provide the product or service as requested.  If you purchase an item, and if that item's correct price is higher than listed, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation – in no event should you be charged more than the price listed at the time of purchase without agreeing to pay it.  Furthermore, you agree that MM Herman will be released, indemnified, defended, and held harmless in connection with any alleged or actual losses, claims, damages, causes of action, or suits in connection with the pricing information we provide, either on this website or via any other means.

SEVERABILITY

These Terms & Conditions of Use are fully severable. If any provision herein is found invalid, in whole or in part, in any applicable jurisdiction, that invalidity shall in no manner affect any of the remaining terms/conditions or the validity of the invalid provision in any other jurisdiction.  MM Herman does not waive any of these Terms & Conditions of Use – or any associated rights - by failing to timely exercise or enforce a term or condition or an associated right.

AMENDMENTS

MM Herman reserves the right to amend this website - including without limitation any posted policies or terms or conditions, at any time without notice, permission, or liability.

THERE ARE ABSOLUTELY NO EXCEPTIONS TO ANY OF THE TERMS AND CONDITIONS OF USE SET FORTH ON THIS WEBSITE.

Questions Regarding MM Herman's Terms & Conditions of Use should be directed to:  legal@mmherman.com.