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Terms and Conditions

Hero™ Terms and Conditions

 

Please review the following terms and conditions that govern your use and purchase of products on our Site. Your use of our site establishes your agreement to follow and be bound by the Terms and Conditions. If you do not agree with these Terms and Conditions, you are prohibited from accessing, or using any aspect of our Site.

 

Our Terms may change, at any point, without prior notice to you. If this happens, we will post a letter on the Site or a send a notification directly to you.  If you continue to use our platform after we notify you of changes, you are agreeing to our updated Terms.

 

Site Contents

Unless otherwise stated, the design of the website, the website as a whole and all of the materials that make up the website (text, graphics, interfaces, images, video, sounds, music, designs, computer code and other elements) are protected by copyrights, trademarks or other intellectual properties owned or controlled by Hero™. We reserve any and all rights not expressly described in these Terms. Any use of the contents of this website without Hero™’s written consent is strictly prohibited. Use of the Site does not transfer any right, title or interest to you as a user.

 

Comments, Feedback and Other Submissions

Any comments, feedback, or ideas that you provide to us are provided on a non-confidential basis and therefore grants Hero™ the license to use all comments, feedback or ideas. We may do this without notice, compensation or acknowledgement to you for any purposes, including but not limited to product development, product marketing, or modifying or improving goods and services. You may not reproduce, publish, distribute, display, modify, create imitative works from, participate in any sale of, or exploit in anyway the contents of the site or the site itself. Unauthorized use of any of the contents from the site may result in civil and criminal penalties

 

Limitation of Liability

HEROô WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT OR INDIRECT OR CONSEQUENTIAL DAMAGES. THIS INCLUDES (WITHOUT LIMITATION) ANY LOST PROFITS OR LOST DATA THAT COME FROM THE USE OF THE SITE (BOTH DIRECT AND INDIRECT LOSS). ALL GOODS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. HEROô DOES NOT GUARANTEE THAT THE USE OF THE SITE WILL BE UNINTERRUPTED, OR THAT THAT ITS SERVERS ARE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS.  YOUR USE OF THE SITE IS AT YOUR OWN RISK. HEROô IS NOT RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER ON THE SITE. IF AT ANY TIME YOU ARE DISSATISFIED WITH YOUR EXPERIENCE ON THE HEROô SITE, THE SOLE AND ONLY SOLUTION IS TO DISCONTINUE USING THE SITE.

HEROô IN NO EVENT AND UNDER NO CIRCUMSTANCES (WHERE PERMITTED BY APPLICABLE LAW) WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGE OR LOSS (INCLUDING BUT NOT LIMTED TO: INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNATIVE OR EXEMPLARY DAMAGE OR LOSS OF PROFIT, REVENUE, DATA, INFORMATION, USE, LOSS OF BUSINESS, OPPORTUNITY PRODUCIVITY OR ANY OTHER DAMAGE OR LOSS) THAT IS CONNECTED TO, ARISES FROM OR RELATES TO THE PRODUCTS, WEBSITE OR SERVICES THAT THE SITE PROVIDES.

BY CONTINUED USE OF THE SITE, YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY HEROô, IT’S EMPLOYEES, DIRECTORS, VENDORS AND AFFILIATES FROM AND AGAINST DEMANDS, LIABILITIES, COSTS, EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES), LOSS AND OBLIGATIONS RESUTLING (BOTH DIRECTLY AND INDIRECTLY) FROM YOUR BREACH, NEGLIGENCE OR MISCONDUCT OF ANY OF THESE TERMS AND CONDITIONS. HEROô RESERVES THE RIGHT TO PARTICIPATE IN THE DEFENSE AND/OR SETTLEMENT NEGOTATIONS RELATING TO ANY CLAIMS/LEGAL PROCEEDINGS OR LIABILITIES WITH COUNSEL OF THEIR OWN SELECTION AND AT THEIR OWN COST AND EXPENSE.

 

Disputes

Should there be any questions or comments that arise while visiting and interacting with the site, including privacy concerns, please email customercare@herosportz.com. Should our customer care team be unable to resolve your dispute, by using the site, you agree that all disputes and or claims will be resolved in their entirety individually, without any form of class action and exclusively located in the state or federal courts located in Collin County, Texas. You agree to waive all defenses of “lack of personal jurisdiction” when it comes to venue and jurisdiction in Frisco, Texas. You agree that matters relating to your access and use of the site (including disputes) will be governed by the state laws in state of Texas and the laws of the United States.

 

Linked Sites

The site may contain links to internet sites maintained by a third party. These are provided solely as a convenience to you and Hero™ does not assume responsibility for the contents on these linked sites.

 

Denial of Access

The terms outlined in the above agreement is effective unless or until terminated by Hero™. Hero™ reserves the right to deny access to the site if in Hero™’s discretion you have failed to comply with any term in this agreement. Should Hero™ determine that you have failed to comply by these Terms of Use, you will no longer be authorized access to the site, and any and all restrictions imposed upon you will be continued in force.

 

 

Effective Date 7/2/2020

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