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Conditions of Use

Welcome to HeroesforHumanity.com. Heroes for Humanity International  LLC and/or its affiliates (“Heroes for Humanity International “) provide website features and other products and services to you when you visit, training  or shop at Heroes for Humanity International.com, use Heroes for Humanity International products, training or services, use Heroes for Humanity International applications for mobile, or use software provided by Heroes for Humanity International in connection with any of the foregoing (collectively, “Heroes for Humanity International”). Heroes for Humanity International provides the Heroes for Humanity International subject to the following conditions.

By using Heroes for Humanity International Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Heroes for Humanity International, and sometimes additional terms may apply. When you use an Heroes for Humanity International (for example, Your Profile, Gift Cards, Blogs, Nominate, Awards, Heroes for Humanity International Video, Media Library, Heroes for Humanity International devices, or Heroes for Humanity International applications) you also will be subject to the guidelines, terms and agreements applicable to that Heroes for Humanity International  (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Heroes for Humanity International Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Heroes for Humanity International Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Heroes for Humanity International Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Heroes for Humanity International Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Heroes for Humanity International or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Heroes for Humanity International Service is the exclusive property of Heroes for Humanity International and protected by U.S. and international copyright laws.

TRADEMARKS

Heroes for Humanity International’s trademarks and trade dress may not be used in connection with any product or service that is not Heroes for Humanity International’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Heroes for Humanity International. All other trademarks not owned by Heroes for Humanity International that appear in any Heroes for Humanity International Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Heroes for Humanity International.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Heroes for Humanity International or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Heroes for Humanity International Services. This license does not include any resale or commercial use of any Heroes for Humanity International Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Heroes for Humanity International Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Heroes for Humanity International or its licensors, suppliers, publishers, rightsholders, or other content providers. No Heroes for Humanity International Service, nor any part of any Heroes for Humanity International Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Heroes for Humanity International. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Heroes for Humanity International without express written consent. You may not use any meta tags or any other “hidden text” utilizing Heroes for Humanity International’s name or trademarks without the express written consent of Heroes for Humanity International. You may not misuse the Heroes for Humanity International. You may use the Heroes for Humanity International only as permitted by law. The licenses granted by Heroes for Humanity International terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Heroes for Humanity International account to use certain Heroes for Humanity International services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Heroes for Humanity International does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Heroes for Humanity International Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Heroes for Humanity International Household. Alcohol listings on Heroes for Humanity International are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Heroes for Humanity International reserves the right to refuse service, terminate accounts, terminate your rights to use Heroes for Humanity International Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Heroes for Humanity International reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Heroes for Humanity International a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Heroes for Humanity International and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Heroes for Humanity International for all claims resulting from content you supply. Heroes for Humanity International has the right but not the obligation to monitor and edit or remove any activity or content. Heroes for Humanity International takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Heroes for Humanity International respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement

RISK OF LOSS

All purchases of physical items from Heroes for Humanity International are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Heroes for Humanity International does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Heroes for Humanity International does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center .

PRODUCT DESCRIPTIONS

Heroes for Humanity International attempts to be as accurate as possible. However, Heroes for Humanity International does not warrant that product descriptions or other content of any Heroes for Humanity International Service is accurate, complete, reliable, current, or error-free. If a product offered by Heroes for Humanity International itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“List Price” means the suggested retail price of a product as provided by Heroes for Humanity products, a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Heroes for Humanity International and other retailers and affiliates. Certain products may have a price displayed, which is determined using recent price history of the product on Heroes for Humanity International.

With respect to items sold by Heroes for Humanity International, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Heroes for Humanity International is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use apps created by Heroes for Humanity International, such as the Heroes for Humanity International Ap, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any Heroes for Humanity International Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Heroes for Humanity International Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Heroes for Humanity International), technology, and services.

OTHER BUSINESSES

Parties other than Heroes for Humanity International operate stores, provide services or software, or sell product lines through the Heroes for Humanity International Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Heroes for Humanity International does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE HEROES FOR HUMANITY INTERNATIONAL AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HEROES FOR HUMANITY INTERNATIONAL SERVICES ARE PROVIDED BY HEROES FOR HUMANITY INTERNATIONAL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HEROES FOR HUMANITY INTERNATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HEROES FOR HUMANITY INTERNATIONAL SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HEROES FOR HUMANITY INTERNATIONAL SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HEROES FOR HUMANITY INTERNATIONAL SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, HEROES FOR HUMANITY INTERNATIONAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEROES FOR HUMANITY INTERNATIONAL DOES NOT WARRANT THAT THE HEROES FOR HUMANITY INTERNATIONAL SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HEROES FOR HUMANITY INTERNATIONAL SERVICES, HEROES FOR HUMANITY INTERNATIONAL’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HEROES FOR HUMANITY INTERNATIONAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, HEROES FOR HUMANITY INTERNATIONAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HEROES FOR HUMANITY INTERNATIONAL SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HEROES FOR HUMANITY INTERNATIONAL SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Heroes for Humanity International Service, or to any products or services sold or distributed by Heroes for Humanity International or through Heroes for Humanity International.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Heroes for Humanity International 25 Highland Park Village100-405 Dallas, Texas 75205. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Heroes for Humanity International will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Heroes for Humanity International, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Heroes for Humanity International.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Heroes for Humanity International Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Heroes for Humanity International,LLC

25 Highland Park Village Suit 100-405

Dallas, Texas 75205

 

 

 

ADDITIONAL HEROES FOR HUMANITY INTERNATIONAL SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Heroes for Humanity International  (the “Heroes for Humanity International Software”).

  1. Use of the Heroes for Humanity International Software.You may use Heroes for Humanity International Software solely for purposes of enabling you to use the Heroes for Humanity International as provided by Heroes for Humanity International, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Heroes for Humanity International Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Heroes for Humanity International Software in whole or in part. All software used in any Heroes for Humanity International is the property of Heroes for Humanity International or its software suppliers and is protected by United States and international copyright laws.
  2. Use of Third Party Services.When you use the Heroes for Humanity International Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering.You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Heroes for Humanity International Software, whether in whole or in part.
  4. Updates.We may offer automatic or manual updates to the Heroes for Humanity International Software at any time and without notice to you.
  5. Government End Users.If you are a U.S. Government end user, we are licensing the Heroes for Humanity International Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Heroes for Humanity International Software are the same as the rights we grant to all others under these Conditions of Use.
  6. Conflicts.In the event of any conflict between these Conditions of Use and any other Heroes for Humanity International or third-party terms applicable to any portion of Heroes for Humanity International Software, such as open-source license terms, such other terms will control as to that portion of the Heroes for Humanity International Software and to the extent of the conflict.

How to Serve a Subpoena

If you have a subpoena to serve on Heroes for Humanity International, please note that Heroes for Humanity International does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Heroes for Humanity International.com, preferably by mailing the to subpoena Heroes for Humanity International’s address.

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Heroes for Humanity International devices; and IP address and complete time stamps.

Notice and Procedure for Making Claims of Copyright Infringement

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.

If you prefer to submit a report in writing, please provide us with this information:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A 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;
  • 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.

Heroes for Humanity International’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent

Heroes for Humanity International, LLC Legal Department

25 Highland Park Village Suite 100-405

Dallas, Texas 75205

e-mail: copyright@HeroesforHumanity.com

 

Courier address:

Copyright Agent

Heroes for Humanity International.com Legal Department

25 Highland Park Village 100-405

Dallas, Texas 75205 USA

Please note that this procedure is exclusively for notifying Heroes for Humanity International that your copyrighted material has been infringed.