Updated: April 2023
THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER THAT IMPACT YOUR LEGAL RIGHTS TO RESOLVE DISPUTES UNLESS YOU OPT OUT. PLEASE READ IT CAREFULLY.
Heroic LLC, its parents, subsidiaries, and affiliate companies, (collectively, “Company” or “we”) provides the Company website located at www.heroicnow.com (the “Website”), mobile applications, and other online products and services, including without limitation any apps provided by the Company from time to time (collectively, the "Services").
You understand that you are responsible for all data charges you incur by using the Services.
You agree that your use of the Services will not violate any law, contract, intellectual property or other third-party right, or constitute a tort. You are solely responsible for your conduct while on the Services and you use the Services at your own risk.
The Services may offer users the ability to communicate and interact with one another. We encourage Users to treat each other with respect, and to understand that Users are solely responsible for their interactions with others. Company has no responsibility or liability with respect to any online or offline interactions. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services. Please use your best judgment and keep safety in mind when you use the Services and interact with others.
When using the Services, You further agree not to:
- Use the Services in any manner that could inhibit other users from fully enjoying the Services or that could damage or impair the functioning of the Services;- Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;- Attempt to indicate that you have a relationship with Company or that Company has endorsed you or any products or services;- Impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).- Send any unsolicited advertising or promotional materials or collect the email addresses or other contact information of other users from the Services for the purpose of sending commercial messages, or use any domain name or URL in any account username or nickname;- Attempt to reverse engineer any aspect of the Services or do anything that might circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);- Use or attempt to use another’s account without authorization from such user and Company;- Access or use for any commercial purposes any part of the Services;- Develop any third-party application that interacts with the Services without Company’s prior written consent;- Use any automated means or interface not provided by Company to access or manipulate the Services or content (for example: using bots, crawlers, spiders, scripts, Maillist, Listserv, auto-responders or "spam", or any processes that run or are activated while you are not logged into the Services);- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or otherwise attempt to interfere with the proper working of the Website;Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services; or- Use the Services for anything other than their intended purpose or in a way that violates our policies.
Suspending or Terminating Account
As explained in the Section called “Termination,” Company has the absolute right to stop providing part or all of the Services, or to suspend or terminate a User’s account at any time. Terminating access to Services can be done without prior notice to the User.
If you are determined to be a repeat offender, Company will terminate your access to the Services. A repeat offender is a User who has been notified at least twice that they engaged in prohibited activity.
If your account has been suspended or terminated, and you wish to dispute it, please contact us at: firstname.lastname@example.org.
ALL INTELLECTUAL PROPERTY RIGHTS TO WORKS THAT ARE NOT THE PROPERTY OF COMPANY OR ITS SERVICES THAT ARE USED OR REFERRED TO ON THE SERVICES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.
a) Our Intellectual PropertyUnless otherwise indicated, the Services (including the websites and apps) and all content and other materials on the Services, including, without limitation, the Service names, logos, slogans, and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files as well as their selection and arrangement (collectively, the "Service Materials") are the proprietary property of Company or its licensors and are protected by U.S. and international copyright, trademark and other laws, and all right, title and interest therein is expressly reserved to Company. Except as explicitly stated in these Terms, Company does not grant any express or implied right to use Service Materials.
The Services and any necessary software used therein contain proprietary and confidential information that is protected by law. You acknowledge and agree that the Services and Service Materials are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as permitted by us in writing, you agree not to reproduce, distribute, modify, prepare derivative works of, translate, reverse engineer, reverse compile or disassemble the Services in whole or in part. Company’s ownership rights to the Services and Service Materials includes future developments, updates, modifications, and enhancements.
b) Our Limited License to YouYou are granted a limited, nonexclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and Service Materials as described in these Terms. This license is revocable at any time. This limited license does not change our rights of ownership to the Services and Service Materials. Company continues to own all right, title, and interest in and to the Services and Service Materials, even if you incorporate Service Materials into your own materials. But we do not own your purely original content. Company reserves the right to change, improve, or discontinue the Services, Service Materials, or any aspect thereof at any time without advance notice.
c) CopyrightCompany respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may complete the DMCA form provided on our Services, or notify Company’s agent at email@example.com. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Company or the alleged infringer as the result of Company’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
The Services may integrate with or otherwise interact with third party services or devices to bring you the Services. The Services may also include links and other content owned or operated by third parties, including advertisements and social "widgets." We may also allow access to third-party merchant sites from which you may purchase goods or services. We call all of these third-party services, merchants, and content "Third-Party Applications and Content."
Third Party Applications and Content have their own terms and privacy policies that govern your usage or interactions with them and their services or content. Your interactions with Third-Party Applications and Content are solely between you and the third party. Accordingly, you must read the terms and conditions and privacy policies of any Third-Party Applications and Content provider that you visit, interact with, or from whom content is posted on our Services.
You acknowledge that Company does not control, endorse, or have the ability to censor Third Party Applications and Content. You agree that Company assumes no responsibility or liability for the services, content, privacy policies, or practices of any Third Party Applications and Content and you access, use, or transact with Third Party Applications and Content at your own risk. We are not a party to any transactions entered into between you and any Third Party Applications and Content providers. Company does not warrant that any Third Party Applications and Content are compatible with the Services and expressly disclaims any liability for any damages arising from your interaction with Third Party Applications and Content.
The Services may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you: (1) are not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) are not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Company or the Services to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
You may submit questions, comments, feedback, suggestions, and other information regarding the Services ("Submissions"). You acknowledge and agree that Submissions are non-confidential and will become the sole property of Company and that Company will own all right, title, and interest in and to any Submissions. You agree to execute any documentation required by Company to confirm such assignment to Company.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to:
ø Link from your own or certain third-party websites to certain content on the Website;
ø Send emails or other communications with certain content, or links to certain content, on the Website;
ø Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites;
ø You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you;
- Cause the Company website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
- Link to any part of the Company website other than the homepage; or
- Otherwise take any action with respect to the materials on this website that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
Company reserves the right to charge for certain or all Services it offers in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using those Services, you will be required to pay all applicable fees at that time. For any of the Services that charge a fee or require a subscription, you can make payment or purchase the subscription as described in the applicable Service. You represent and warrant that if you are making any payments for or purchases through the Services that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company or bank, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
You agree to defend, indemnify and hold harmless Company, its parents, subsidiaries or affiliates, members, managers, service providers, independent contractors, and consultants, and their respective directors, officers, members, managers, employees, and agents (collectively, “Company Parties”), from and against any third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or in any way connected to, directly or indirectly: (a) your use of the Services; (b) your Submissions; (c) these Terms and/or the Content Policy; (d) your violation of any third party’s rights; and/or (e) your conduct in connection with the Services.
Company, and/or the applicable Company Parties, reserve the right to assume the exclusive defense and control of any matter that is subject to this indemnification. If this right is exercised, you will cooperate with the Company in the defense of any claim as we require. In no event shall you settle any claim without our prior written consent.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SERVICE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMPANY. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND SERVICE MATERIALS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVICE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR WILL CONTINUE TO BE OFFERED. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Testimonials appearing on this Website are received in various forms via a variety of submission methods. The testimonials reflect the real-life experiences of individuals who used our products and/or services. However, individual results may vary. Company Parties do not claim, nor should you assume, that any individual experience recounted is typical or representative of what any other consumer might experience. Testimonials are not necessarily representative of what anyone else using our products and/or services may experience. [The people giving testimonials on this Website may have been compensated with free products or discounts for use of their experiences.] The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. The Company Parties are not responsible for the opinions or comments posted on this Website, and does not necessarily share the opinions, views or commentary of postings on this Website. All opinions expressed are strictly the views of the poster or reviewer. All testimonials are reviewed for authenticity before they are posted for public viewing. Testimonials on this Website are not intended, nor should they be construed, as claims that the products or services mentioned can be used to diagnose, treat, cure, mitigate or prevent any disease. To the contrary, our products are not intended to diagnose, treat, cure, or prevent any disease. No testimonial has been clinically proven or evaluated, and no medical claims whatsoever were made and no statements on this Website have been evaluated by the FDA.
You understand that when using the Services, you will be exposed to other users, and that users may be offensive, indecent, or objectionable. You may also access third party content or services. Company does not control you or other users’ conduct, nor any third-party content or services, and therefore we are not responsible for them. Company also does not endorse any user or any opinion, recommendation, or advice expressed therein. You assume all risk arising from your use of the Services, including but not limited to all of the risks associated with any online or offline interactions with other users or with any third-party content or services. You agree to take any and all necessary precautions when interacting with other users and with third party content and services.
To the fullest extent permitted by applicable law, you agree that Company and the Company Parties shall not be liable for any direct, special, indirect, incidental, consequential, exemplary or punitive damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected to these Terms, the Services or Service Materials, even if we know they are possible (collectively, “Losses”). This includes, without limitation, Losses from your use of or inability to use the Services or the Service Materials, from reliance on any information obtained through the Services or that result from the online or offline conduct of you or anyone else in connection with the Services (including without limitation bodily injury, death or property damage), from deletion of files, accounts, and/or from mistakes, omissions, interruptions, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Company’s or the Company’s Parties’ records, programs or Services.
To the fullest extent permitted by applicable law, in no event shall the aggregate liability of Company or the Company Parties for any Losses, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Services or to these Terms exceed the greater of: (i) any compensation you paid, if any, to Company for access to or use of the Services for the twelve (12) months immediately preceding the Loss; or (ii) the amount of $100.00.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section may not apply to you. If you do not agree to this limitation of liability, your remedy is to terminate your account and discontinue using the Services.
Company reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions of the Services or Service Materials, without prior notice. You agree that Company will not be liable for any modification, suspension or discontinuance of the Services or Service Materials, or any part thereof.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.
Any dispute, claim, or cause of action arising out of or relating in any way to these Terms, the Services, or Service Materials (“Disputes”), shall be resolved by confidential binding arbitration on an individual basis, rather than in court, except as otherwise stated herein. You and Company each waive your respective rights to a jury trial for Disputes. This arbitration provision is governed by the Federal Arbitration Act.
As an exception to the arbitration requirement, the following disputes may be brought in court: (i) any dispute that seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (such as copyrights, trademarks, trade names, logos, trade secrets, or patents) may be brought in court; (ii) any claim of interference or attempted interference with our Services; and (iii) disputes regarding the scope and enforceability of this arbitration provision. In addition, either party may assert the Dispute in small claims court if the Dispute qualifies.
You and Company agree that Disputes are personal and therefore, class actions and class arbitrations are not permitted. Neither you nor Company will commence against the other a class action, class arbitration or other representative action or proceeding that would affect other users of the Services. The arbitrator does not have the authority to conduct a class arbitration or a representative action, and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Any arbitration under this provision shall be held in the state of California (or, alternatively, via telephone or video conference) before and in accordance with the applicable rules of JAMS, which are available on the JAMS website. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. Arbitrations shall be conducted in English. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
As limited by the Federal Arbitration Act, these Terms, and the applicable JAMS rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any individual Dispute and to grant any remedy that would otherwise be available in court (excluding class arbitrations or representative actions as noted above). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and Company agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises before filing for arbitration. Notice to Company must be sent to 336 Bon Air CTR, Greenbrae, California 94904. If the Dispute is not resolved informally between the parties within thirty (30) days of the date of notice, then either party may initiate arbitration in accordance with these Terms.
Any Dispute must be filed within twelve months after the cause of action arose; otherwise, your claim is permanently barred.
Opt-Out of Arbitration: You have the right within thirty (30) days of first accepting these Terms to decline this agreement to arbitrate. To do so, you must send written notice with your name, address, username, email address or phone number that you use for your Service account, identify the Service(s) you use, and clearly state that you want to opt out of the Terms of Service arbitration agreement. Send this notice to: 336 Bon Air CTR, Greenbrae, California 94904.
If you choose to file an arbitration proceeding after providing Company the required notice, Company will pay the filing fees, administration and hearing costs, and arbitrator fees if the arbitration seeks less than US $10,000 and the Dispute is not determined to be frivolous or improper by the arbitrator. We will also pay the fees and costs for any arbitration that we initiate. For all other Disputes, the fees and costs shall be paid according to the JAMS rules, including rules regarding frivolous or improper claims. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of California without resort to its conflict of law provisions. To the extent the arbitration requirement does not apply (if ever), you agree that any action at law or in equity for any Dispute shall be filed only in the state and federal courts located in [Wilmington, Delaware] and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding for any Dispute.
Each party represents and warrants that (a) it has full power and authority to enter into the Agreement, and (b) it will comply with all laws applicable to its provision, receipt, or use of the Services, as applicable.
We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Section 3 of these Terms have described specific instances in which a Company will automatically terminate a User’s account for specified violations, such as for repeat infringement. In addition, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and/or Service Materials at any time and to block or prevent your future access to, and use of, the Services and/or Service Materials, for any or no reason.
If any provision, or part thereof, in these Terms shall be deemed unlawful, void or for any reason unenforceable, then the unenforceable provision or part thereof, shall be deemed severable from these Terms and shall not affect the validity and enforceability of the rest of the provision and any remaining provisions in these Terms.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice [on or] before the date the change is posted on the Website.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If you do not agree to the updated Terms, you may delete your account(s).
Neither party will be liable for failure or delay in performing its obligations because of causes beyond its reasonable control, including without limitation, acts of God, terrorism, war, riots, fire, natural disasters, outbreaks or pandemics, or degradation or failure of third-party networks or communications infrastructure.
This is the entire agreement between you and Company regarding this subject matter and it supersedes any other written or oral information or agreements. You cannot assign your account without our written consent. We may assign or delegate our rights and obligations in whole or in part without your consent. No failure or delay by Company in exercising any of its rights under these Terms shall be deemed a waiver of those or any other rights. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Company or any of the Services, and you do not have any authority of any kind to bind Company in any respect whatsoever, and there are no third-party beneficiaries intended under these Terms. The following sections will survive termination of these Terms or your account: 4a, 5, 7, 9, 10, 11, 13, 14, and 18.
Questions, comments, or notices under the Terms of Service may be directed to Company at firstname.lastname@example.org