Last Updated: November 2, 2016

Hero is the online marketplace where professionals can easily market themselves to monetize their free time.  Hero matches customers with needs with the people with the exact skills they need. These Terms of Service outline your obligations when using Hero’s websites, mobile applications, and services.

  1. ACCEPTANCE OF TERMS

Hero’s mobile application at www.superhero.co and any related internet site, and the various content, features, and services offered on and in connection with our application and sites, (collectively, the "app and Services") are owned and operated by Hero and can only be accessed and used by you under the Terms of Service described below ("Terms of Service"). 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.  BY ACCESSING, DOWNLOADING, OR USING ANY OF THE APP AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE APP AND SERVICES.

  1. NOTICE AND MODIFICATIONS OF TERMS OF SERVICE

Hero may, in its sole discretion, modify these Terms of Service at any time effective upon posting the modified Terms of Service on and in connection with the App and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the App and Services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the App and Services. YOUR CONTINUED USE OF THE APP AND SERVICES AFTER SUCH POSTING MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF SERVICE.

By use of the App and Services, you consent to receive electronic communications from Hero (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that Hero may communicate any notices to you under these Terms of Service, through electronic mail, regular mail or posting the notices on the App and Services.

 

  1. USE OF THE APP AND SERVICES

Subject to full compliance with these Terms of Service, Hero grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the app and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in this Terms of Service, without the express written consent of Hero.  Hero may modify, update, suspend or discontinue the app and Services, in whole or in part, at our sole discretion for any or no reason, at any time and without notice.  Hero shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

  1. User Conduct

We have special rules for how you use Hero. Please do not violate these so that you may continue to enjoy being part of the Hero community.  We really do not want to boot you off our great app.

As a condition of your access and use of the App and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the App and Services (collectively, the “Content”), you agree not to use the app and Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Hero. For example, you agree not to:

  1. violate these Terms of Service, other applicable agreement with Hero, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
  2. use the app and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
  3. use the app and Services or its Content for any purposes not authorized by this Terms of Service, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
  4. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the app and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Hero, which consent may be withheld by Hero in our sole discretion;
  5. post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the app and Services or any activities conducted on the app and Services;
  6. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Hero, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
  7. knowingly provide or submit false or misleading information;
  8. use the app and Services if you are under the age of eighteen (18);
  9. take any action that would undermine the review and rating process under the app and Services;
  10. attempt to gain unauthorized access to the app and Services, other user accounts, or other computer systems or networks connected to the app and Services;
  11. use the app and Services in any way that could interfere with the rights of Hero or the rights of other users of the app and Services;
  12. attempt to gain unauthorized access to any portion or feature of the app and Services, or any other systems or networks connected to the app and Services or to any server used by Hero by hacking, or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Hero user;
  13. sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Service;
  14. transmit any materials that contains viruses, Trojan horses, worms, or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the app and Services;
  15. access, download, monitor, or copy any information contained on our app and Services through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the app and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the app and Services; or
  16. probe, scan or test the vulnerability of the app and Services or any network connected to the app and Services, nor breach the security or authentication measures on or of the app and Services or any network connected to the App and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the App and Services, or any other customer of Hero, including any Hero account not owned by you, to its source, or exploit the App and Services or any service or information made available or offered by or through the App and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information; 
  17. Registration Information

To access Hero you must create an account. Hero requires that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the app and Service, you agree to (a) provide Hero with true, accurate, current and complete information as prompted by the Hero registration forms, when registering for or using the app and Services; and, (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of your password and account information .  You are responsible for all activities that occur under your username and password.  Creating multiple or duplicative accounts will result in account termination. 

  1. Submitting Content

As a condition of submitting any Content or other materials to the Sites or Services, you agree that:

  1. you grant to Hero a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to Hero all rights necessary to publish your or your business’ name and address in connection with your Content; and, acknowledge that this license cannot be terminated by you once your Content is submitted to the app and Services;
  2. Hero may stand in your shoes and prevent scraping, copying or other duplication of your Content. Therefore, you grant to Hero all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
  3. your name and report information may be made available to the public and to the potential customers of your services;
  4. you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you or your business, Hero, and others as described and otherwise contemplated in these Terms of Service;
  5. you represent and warrant that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Service.

7. Reviews and Ratings

  1. you are solely responsible for your reviews and ratings;
  2. Hero may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
  3. you will not submit any reviews that may be considered by Hero – in its sole, unchallengeable discretion – to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise likely to violate any relevant law or right of any other party, or that is racially, ethnically or otherwise objectionable;
  4. all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Hero providers you are reviewing; or, (ii) as provided below, an individual and that individual's actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
  5. all of your reviews and ratings of the Hero providers that you are rating will be accurate, honest, truthful, and complete in all respects;
  6. We will not tolerate fake or misleading ratings of any kind.  Therefore, you commit that you do not work for, own any interest in or serve on the board of directors of, any of the Hero providers for which you submit reviews and ratings;
  7. you are not in any way related (by blood, adoption or marriage, if the Hero provider is an individual) to any of the Hero providers for which you submit reviews or ratings;
  8. you have not received any form of compensation to post reviews and ratings;
  9. you will not submit reviews that comment on other users or the reviews of other users;
  10. you will not submit reviews with hyperlinks; or
  11. the reviews and ratings that you provide do not reflect the views of Hero, its officers, managers, owners, employees, agents, designees or other users.
  1. PUBLICATION AND DISTRIBUTION OF CONTENT

Be wise and verify, to the best of your ability, the accuracy of the Services you might contract for.

Hero cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the App and Services. You acknowledge that Hero simply acts as a passive conduit and an interactive computer Hero provider for the publication and distribution of user-generated. You understand that all Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Hero does not control, and is not responsible for Hero provider Content made available through the App and Services, and that by using the App and Services, you may be exposed to Content that is inaccurate or misleading. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.

Hero has no obligation to screen, preview, monitor or approve any user-generated Content on the App and Services. Hero reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates these Terms of Service. By using the App and Services, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the App and Services. Under no circumstances will Hero be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health or payment information) or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the App and Services. You waive the right to bring or assert any claim against Hero relating to Content, and release Hero from any and all liability for or relating to any Content. Hero has no obligation to review, monitor, or remove any Content or other materials, except as required by law. 

You may, however, report Content that you believe violates these Terms of Service or is otherwise unlawful by sending an email to info@superhero.co (for copyright complaints, please see below). 

You agree that Hero may establish general practices, policies and limits, which may or may not be published, concerning the use of the App and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the App and Services in a given period of time. You agree that Hero has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the App and Services. You agree that Hero has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

  1.  HERO PROVIDERS (aka Heroes and Heroines)

It is up to users of the Hero platform what they post, so long as that Content does not violate our Terms of Service.  Hero does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Hero provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Hero provider (which includes, but is not limited to, health care and wellness providers), Hero is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Hero provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Hero provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Hero. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Hero providers (which includes, but is not limited to, health care and wellness providers).

Third parties and Hero providers may link or otherwise direct Internet users to our App and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Hero provider websites. Hero does not control or operate any third party or Hero provider websites. Any information you provide to these third party or Hero provider websites while on these third party or Hero provider websites is governed solely by the respective policies of those third parties or Hero providers, and not Hero policies. It is your responsibility to review such third party or Hero provider policies, including any relevant privacy policies. You agree that Hero will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Hero does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other Personally Identifiable Information) you might be requested to give to any third party or Hero provider sites. You use these third party or Hero provider websites at your own risk.

You agree that Hero is not responsible for the accessibility or unavailability of any Hero provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Hero relating to any interactions or dealings with any Hero provider (which includes, but is not limited to, health care and wellness providers), and release Hero from any and all liability for or relating to any interactions or dealings with Hero providers (which includes, but is not limited to, health care and wellness providers).

You are solely responsible for your interactions with third parties. As a result, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Hero providers found on or through the use of the App and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Hero shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Hero providers on the Hero app and Services.

  1. HEALTH RELATED PROVIDERS

The App and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the App and Services or that was told to you by a Hero provider.

If you think you may have a medical emergency, call your doctor or 911 immediately. Hero does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the App and Services. Hero is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Hero, its employees and others appearing on the App and Services at the invitation of Hero, or other visitors to the App and Services is solely at your own risk.

Do not post Content that shares your health-related information or that of others. If you post any health-related information about yourself or anyone else on the App and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual's health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain, which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contains your private or confidential health information in response to Content you submit. Hero is not liable for any such Content. Hero cannot be expected to keep your health information confidential if you post it to the Sites or Services or otherwise make it available to others.

  1. ACCOUNT TERMINATION

We hope that this will never happen but we reserve the sole right to determine whether you have violated the Terms of Service.  Hero may terminate your privilege to use or access the App and Services immediately and without notice for any reason whatsoever.  Upon such termination, you must immediately cease accessing or using the App and Services and agree not access or make use of, or attempt to use, the App and Services. Furthermore, you acknowledge that Hero reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the App and Services.  Hero’s right to terminate an account shall be in addition to and not in substitution for any other rights and remedies available to Hero.

  1. TRADEMARKS AND COPYRIGHTS

Do not use, post or share another person or business’ trademarks or copyrights. Hero, and other App and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Hero in the U.S. and/or other countries.  These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion. 

You should assume all Content and material made available on the App and Services is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the App and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Hero and/or its licensors and are protected by all United States and international copyright laws.

  1. CLAIMS OF COPYRIGHT INFRINGEMENT

You are expected to protect the intellectual property of others. Hero will endeavor to respond promptly to legitimate claims of copyright and other intellectual property infringement.  We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.  Upon receipt of notices complying or substantially complying with the DMCA, we may remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.  We may terminate access for users of the Site and Service who are infringers. 

Notifying Hero of Copyright Infringement: To provide us with notice of an infringement, you must email us at: info@superhero.co Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.  We will need the following information from you:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a detailed description of where the material that you claim is infringing is located or found on the App and Services;
  4. your address, telephone number, and email address;
  5. 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; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of admin @superhero.co. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. 

  1. LACK OF ACCESS

All sorts of things can go wrong with technology; many of those problems will have nothing to do with Hero but will nonetheless affect your ability to access and use Hero. These limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Hero is not responsible for any delays, failures or other damage resulting from such problems.

  1. WARRANTIES AND DISCLAIMERS. 

This section contains lots and lots and lots of legally important messages. It may be boring but it is important that you understand this section so please read it carefully. You acknowledge that Hero has no control over, and no duty to take any action regarding:

You release Hero from all liability for you having acquired or not acquired content or information through the App and Services. The App and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Hero makes no representations concerning any content contained in or accessed through the App and Services, and Hero will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the App and Services. Hero makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE APP AND SERVICES AT YOUR OWN RISK. THE APP AND SERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER HERO NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE APP AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF HERO, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE APP AND SERVICES. IN NO EVENT WILL HERO OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL HERO OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE APP AND SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HERO OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, HERO DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HERO'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

HERO SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND HERO HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Hero has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content.  You release Hero from all liability for you having acquired or not acquired Content through the App and Services. Hero makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the App and Services, and Hero will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the App and Services.   

The App and Services may display links to other Internet sites or resources.  Because Hero has no control over such sites and resources, you acknowledge and agree that Hero is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.  You further acknowledge and agree that Hero shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

16. INDEMNITY

More legal stuff. Also important for you to read and understand. You agree to indemnify, defend and hold harmless Hero, its officers, managers, owners, employees, agents, designees, users, successors, assigns, Hero providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these Terms of Service by you; (b) the inaccurate or untruthful Content or other information provided by you to Hero or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Hero will have sole control of the defense of any such damage or claim.

17. LIABILTY LIMITATION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HERO, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), WITH RESPECT TO THE APP AND SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE APP AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE APP AND SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE APP AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY HERO PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE APP AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE APP AND SERVICES; (G) ANY BREACH OF THESE TERMS OF SERVICE BY HERO OR THE FAILURE OF HERO TO PROVIDE THE SERVICES UNDER THESE TERMS OF SERVICE OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY HERO PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT HERO, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF SERVICE OR THE USE OF THE APP AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you.

18. ENTIRE AGREEMENT

These Terms of Service and other agreements, rules, and policies incorporated by reference to this Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Hero. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Hero regarding the subject matter contained in these Terms of Service. Additional terms and conditions may exist between you and third parties, including but not limited to, Hero providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Hero under these Terms of Service.

19. GOVERNING LAW

These Terms of Service and the relationship between you and Hero will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in California and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Hero may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the App and Services or these Terms of Service shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

20. RESERVATION OF LEGAL RIGHTS; NO WAIVER OF RIGHTS; SEVERABILITY; NON-TRANSFERABILITY; NO FORMATION OF PARTNERSHIP OR BUSINESS AGREEMENT

If you breach any term of this Terms of Service or other agreement with Hero, Hero may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Hero's remedies are cumulative and not exclusive. Failure of Hero to exercise any remedy or enforce any portion of the Terms of Service at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. This Terms of Service is not assignable, transferable or sublicensable by you except with Hero's prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. No joint venture, partnership, employment or agency relationship exists between you and Hero as a result of these Terms of Service or use of the App and Services.

    1. THIRD PARTY VENDORS:

 

Hero may utilize certain third party vendors to facilitate the App and services in order  or you to use Hero you must agree to the terms of service. 

 

Payment Services for Merchants (DROP IN BRAINTREE TOS)

 

Hero uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells.