terms of use

Last updated: October 25, 2012

HUSKY LABORATORY, LLC. TERMS OF SERVICE

The following Terms of Service (“Terms”) is a legal agreement (“Agreement”) between you and Husky Laboratory, LLC. (“Husky Laboratory”, “Us”, or “Our”) that governs your use of www.huskylab.co (the “Husky Laboratory Site” or the “Site”) and our products and services. By accessing the Site, or by using any products or services provided by Husky Laboratory, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Husky Laboratory Site and Our products and services. These Terms apply only to your use of the Husky Laboratory Site and the products and services we provide.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE HUSKY LABORATORY SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ACCESSING THE HUSKY LABORATORY SITE ON BEHALF OF AN ENTITY OR BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR BUSINESS TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

Note: This Agreement is subject to change by Husky Laboratory, in its sole discretion, at any time, with or without notice. Your continued use of the Site after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the date posted at the top of this Agreement to determine when the Agreement was last revised.  The current version will always be available on the Husky Laboratory Site.

  • Services
  • Privacy
  • Eligibility
  • Becoming a Husky Laboratory User
  • Content
  • General Rules of Conduct
  • Disclaimer
  • Limitation of Liability
  • Indemnification
  • Termination
  • Notice and Electronic Communications
  • Digital Millennium Copyright Act Notice
  • Miscellaneous Terms and Dispute Resolution
  • Feedback and Questions

Services
Husky Laboratory offers products and services that allow those utilizing the products and services (the “User” or “Users”) to communicate with one another on websites of similar interest, determined by website being visited and subject of the website (collectively, “Services”). Users may also engage in other interactive and social functions by allowing Husky Chat to interface with a User’s social networks, such as, but not limited to, their Twitter and/or Facebook account.

Privacy
Your privacy matters greatly to Us. For important disclosures regarding our collection and use of your information, you should visit Our Privacy Policy. We encourage you to read the Privacy Policy and to use it to help make informed decisions regarding your use of Our Site. Please feel free to email info[at]huskylab.co with any questions or concerns regarding Our privacy and data security practices.

Eligibility

Minimum Age. You must be at least 13 years old to use the Husky Laboratory Site and associated products/services. By using and/or providing information to the Husky Laboratory Site, you represent and warrant that you are at least 13 years old.

Becoming a Husky Laboratory User
By signing in with your social network accounts such as, but not limited to, Facebook or Twitter, you are creating an account with Husky Laboratory. By creating an account and using our Services, you consent to this Agreement and Our Privacy Policy, both of which govern your use of the Husky Laboratory Site and our Services. During the registration process, you will be providing certain information, including, but not limited to, your name and email address. You may also choose to provide Husky Laboratory with access to certain information via your social networks (See Privacy Policy).

Users agree to provide accurate, current, and complete information during the registration process, and to update such information if and when that information becomes inaccurate. Husky Laboratory reserves the right to suspend or terminate your Account if any information provided during the registration process, or thereafter, proves to be inaccurate, not current, or incomplete.

Content
The Husky Laboratory Site and Services include content provided by Husky Laboratory (“Husky Laboratory Content”) and content that is submitted or otherwise transmitted by users of the Husky Laboratory Site and/or Services (“User Content”).

  • Husky Laboratory Content: All Husky Laboratory Content is owned by or licensed to Husky Laboratory and is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Husky Laboratory Content is provided to you AS IS and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Husky Laboratory. Husky Laboratory reserves all other rights in the Husky Laboratory Content that are not expressly granted in the Terms. Users agree not to engage in the use, copying, or distribution of any of the Husky Laboratory Content, other than as is expressly permitted herein. You may download or print Husky Laboratory Content solely for your own personal use, but you must otherwise respect all copyright and any other proprietary rights contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Husky Laboratory Site or features that prevent or restrict use or copying of any Husky Laboratory Content or enforce limitations on use of the Husky Laboratory Site or Husky Laboratory Content.
  • User Content: Users grant Husky Laboratory a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access your User Content in connection with the operation of Husky Laboratory. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions and releases to grant the foregoing licenses. For the sake of clarity, Husky Laboratory shall in no case be held liable for content published by its users. Husky Laboratory reserves the right to remove any User Content that Husky Laboratory, in its sole discretion, deems inappropriate.
  • Links: Our Site and Services contain links to third party sites. Despite our intent to provide the best possible experience for our users, Husky Laboratory is not responsible for the content of any links provided. Husky Laboratory cannot check the content of all links, which may be inaccurate, inappropriate, offensive, sexually explicit, or otherwise objectionable. Husky Laboratory has no control over such content and assumes no responsibility or liability for the same. Husky Laboratory is not responsible for the privacy policies and/or practices on other sites, including those sites to which it links. Users are urged to read the privacy policy presented on any site that they choose to visit.
  • Disclaimer: Unless clearly specified, Husky Laboratory does not endorse any User or Husky Laboratory Content or link, or any opinion, recommendation, or advice expressed in any User or Husky Laboratory Content or link. Your use of, and reliance on, any User or Husky Laboratory Content or link is at your own risk.

General Rules of Conduct
The Husky Laboratory Site may only be used for lawful purposes. In connection with Users’ use of the Site, Users agree to abide by all applicable local, state, national and foreign laws and treaties and regulations. Users agree not to:

  • Conduct or promote any illegal activities while using the Husky Laboratory Site
  • Upload, distribute, post, transmit or otherwise make available, including through the Husky Laboratory Site, any User Content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors in any way, or racially, ethnically or otherwise objectionable;
  • Circumvent, disable or otherwise interfere with security related features of the Husky Laboratory Site or features that prevent or restrict use or copying of any content
  • Modify, change or alter in any way, the proprietary content of a third party using the Husky Laboratory Site or Husky Laboratory Services
  • Attempt to gain access to secured portions of the Husky Laboratory Site or Husky Laboratory Services to which you do not possess access rights
  • Load or transmit any form of virus, worm, Trojan horse, or other malicious code
  • Use the Husky Laboratory Site in any manner, which interferes with the performance or functionality of the Husky Laboratory Site or Husky Laboratory Services.
  • Tamper with, interfere with or disrupt, or attempt to tamper with, interfere with or disrupt, the availability of any aspect of the Husky Laboratory Site, any servers or networks connected to the Husky Laboratory Site, or the technical delivery systems of Husky Laboratory
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Husky Laboratory Site or Services
  • Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud while using the Husky Laboratory Site
  • Mirror or frame the Site or any portion of the Husky Laboratory Site, place pop-up windows over its pages, or otherwise affect the display of its pages

Disclaimer
THE HUSKY LABORATORY SITE AND ALL HUSKY LABORATORY SERVICES AND CONTENT MADE AVAILABLE THROUGH THE HUSKY LABORATORY SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND. HUSKY LABORATORY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE HUSKY LABORATORY SITE, HUSKY LABORATORY SERVICES, USER CONTENT AND HUSKY LABORATORY CONTENT, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, HUSKY LABORATORY, OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE HUSKY LABORATORY SITE OR HUSKY LABORATORY SERVICES, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT HUSKY LABORATORY IS ONLY WILLING TO PROVIDE ACCESS TO THE SITE, AND TO PROVIDE THE SERVICES, IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL HUSKY LABORATORY, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR LIKE DAMAGES, INCLUDING, LOST PROFITS, GOODWILL, LOST OPPORTUNITIES AND INTANGIBLE LOSSES, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THESE TERMS.  THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT HUSKY LABORATORY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  UNDER NO CIRCUMSTANCES WILL HUSKY LABORATORY’S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNTS PAID BY YOU FOR YOUR ACCOUNT.  HUSKY LABORATORY WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY ERRORS OR ANY SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS RELATING TO THE HUSKY LABORATORY SITE.

Indemnification
You agree to defend, indemnify and hold Husky Laboratory, its affiliates, and their respective officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Husky Laboratory Site, Husky Laboratory Services, misuses of Husky Laboratory Content and/or User Content; (ii) your violation of this Agreement; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that your User Content caused damage to a third party, including, without limitation, claims that your User Content is infringing.

Termination
To terminate your account with Husky Laboratory, please email us at info[at]huskylab.co. Previously generated user information may remain on our servers, but Husky Laboratory will not associate it with the original user. Termination is your sole right and exclusive remedy if you are not satisfied with the Husky Laboratory Site or any of our products and/or Services.

You acknowledge and agree that Husky Laboratory, at our sole discretion, for any reason and at any time, may terminate your use of the Husky Laboratory Site, products, and/or Services without first notifying you. Such termination will not limit any other rights or remedies, which are available to us. You agree that we shall not be liable to you or any third party for termination of your access to the Husky Laboratory Site, products, and/or Services.

Notice and Electronic Communications
Husky Laboratory may provide you with notice of a violation of this Agreement by email, by posting on the Husky Laboratory Site, or by other reasonable means chosen in Our sole discretion. Users agree to report any Husky Laboratory violation of this Agreement to Husky Laboratory via an email to: info[at]huskylab.co.

You (i) consent to receive communications from Husky Laboratory in an electronic form and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. Please keep us informed of any changes in your email so that you continue to receive all Communications without interruption.

Digital Millennium Copyright Act Notice
Users may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary or intellectual property rights. It is the policy of Husky Laboratory to terminate all privileges of any user who repeatedly infringes the copyright of others upon receipt of prompt notification to Husky Laboratory by the copyright owner or the copyright owner’s legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Husky Laboratory Site or is being used in Husky Laboratory Services in a manner that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Husky Laboratory Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Husky Laboratory’s designated copyright agent for notice of claims of copyright infringement on the Husky Laboratory Site can be reached by email at info[at]huskylab.co or by mail at:

Eric Ho
DMCA Claims
Husky Laboratory, LLC.
PO Box 20232
New York, NY 10001
(201) 424-6291

Please note that, pursuant to 17 U.S.C. 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Husky Laboratory in connection with the written notification and allegation of copyright infringement.

Miscellaneous Terms and Dispute Resolution
You are responsible for compliance with all applicable laws. This Agreement and the relationship between you and Husky Laboratory, LLC. will be governed by the laws of the State of New Jersey, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to this Agreement, or your use of the Husky Laboratory Site or Husky Laboratory Services must be commenced exclusively in the federal or state courts located in Hudson County, New Jersey and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. You acknowledge that we have the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in this Agreement, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Husky Laboratory with respect to the Husky Laboratory Service and it supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Husky Laboratory with respect to the Husky Laboratory Service.

You agree that: (i) the Site shall be deemed solely based in New Jersey; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Husky Laboratory, either specific or general, in jurisdictions other than New Jersey. If a dispute arises under or relating to this Agreement, the parties agree to promptly notify each other of the dispute and work in good faith to attempt to resolve it.  If they are unable to resolve the dispute, either party shall commence binding arbitration before the American Arbitration Association under the Rules of Commercial Arbitration, before a panel of three arbitrators in New Jersey.  The Agreement shall be governed by the laws of the State of New Jersey without regard to its conflicts of laws provisions.

Feedback and Questions
We welcome and encourage you to provide comments and suggestions for improvements to the Husky Laboratory Site. You may submit Feedback by emailing us at: info@huskylab.co. You acknowledge and agree that all Feedback will be the sole and exclusive property of Husky Laboratory. If you have questions regarding any aspect of the Husky Laboratory Site or these Terms of Service, please contact: info[at]huskylab.co.