Terms of Service
AGREEMENT BETWEEN USER AND HEROTALK
The HEROTALK Web Site (www.herotalk.com) is comprised of various Web pages owned and operated by Ready Force, Inc. For purposes of this agreement, all language will reflect "HEROTALK " with the understanding that HEROTALK is operated by Ready Force, Inc.
The HEROTALK Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the HEROTALK Web Site constitutes your agreement to all such terms, conditions and notices.
The Site is for personal use only and may not be used in connection with any commercial endeavours except those that are specifically approved by us or our Service Provider. The following activities are expressly prohibited:(i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the site, which in our or our Service Provider’s sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (iii) any use of the site which is unlawful or in violation of these Terms of Service.
MODIFICATION OF THESE TERMS OF SERVICE
HEROTALK reserves the right to change the terms, conditions, and notices under which the HEROTALK Web Site is offered, including but not limited to the charges associated with the use of the HEROTALK Web Site.
FITNESS AND WARRIOR'S EDGE TRAINING TERMS OF SERVICE
LINKS TO THIRD PARTY SITES
The HEROTALK Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of HEROTALK, and HEROTALK is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HEROTALK is not responsible for webcasting or any other form of transmission received from any Linked Site. HEROTALK is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HEROTALK of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the HEROTALK Web Site, you warrant to HEROTALK that you will not use the HEROTALK Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HEROTALK Web Site in any manner which could damage, disable, overburden, or impair the HEROTALK Web Site or interfere with any other party's use and enjoyment of the HEROTALK Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HEROTALK Web Sites.
USE OF COMMUNICATION SERVICES
The HEROTALK Web Site may contain bulletin board services, chat areas, testimonials, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
HEROTALK has no obligation to monitor the Communication Services. However, HEROTALK reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HEROTALK reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
HEROTALK reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HEROTALK sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. HEROTALK does not control or endorse the content, messages or information found in any Communication Service and, therefore, HEROTALK specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized HEROTALK spokespersons, and their views do not necessarily reflect those of HEROTALK.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO HEROTALK OR POSTED AT HEROTALK WEB SITE
HEROTALK does not claim ownership of the materials you provide to HEROTALK (including feedback and suggestions) or post, upload, input or submit to any HEROTALK Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting HEROTALK its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to:copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. HEROTALK is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HEROTALK sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You understand and agree that sending unsolicited email advertisements to HEROTALK email addresses or through HEROTALK computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of the HEROTALK computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Â§ 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
ASSUMPTION OF RISK
By using HEROTALK web pages for any purpose, you assume all risks associated with the use of this site and its individual pages. This risk includes but is not limited to any risk to the user's computer, software or data being damaged by any virus, software, or other file which might be transmitted or activated via a HEROTALK web page or the user's access to it. HEROTALK shall under no circumstance be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to lost profits or lost revenues, arising out of or in any way connected to the use or misuse of this web site, or from any information, lack of information, documents, software, services, or other material obtained through any HEROTALK web pages. You also assume any and all risk arising out of the use of this web site, whether based on contract, tort, strict liability, or otherwise, even in the event that HEROTALK and/or any of its employees, affiliates, or agents have been advised of the possibility of damages of any sort. To the maximum extent permitted by law, HEROTALK shall not be liable for any loss or injury caused in whole or in part by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, procuring, displaying, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon the information or lack of information furnished. The materials contained on the HEROTALK web pages are not to be construed as medical advice, and the user agrees to assume all risk with regard to their own self-care, exercise or fitness programs or any nutrition information provided herein. Users of the website must be 13 years of age or older.
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HEROTALK WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HEROTALK AND/OR ITS WEBSITE SERVICE REDBONE CREATIVE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HEROTALK WEB SITE AT ANY TIME.
HEROTALK AND/OR ITS WEBSITE SERVICE REDBONE CREATIVE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HERO TALK WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HEROTALK AND/OR ITS WEBSITE SERVICE REDBONE CREATIVE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
HEROTALK reserves the right, in its sole discretion, to terminate your access to the HEROTALK Web Site and the related services or any portion thereof at any time, without notice.
PURCHASER’S RESPONSIBILITY FOR SUITABILITY AND USE OF PRODUCTS PURCHASED FROM HEROTALK
By purchasing product(s) from HEROTALK, you represent and warrant that you have used independent skill, expertise and judgment in selecting the products for your requirements and intended use, and that you are solely responsible for such matters. You further represent and warrant that you are familiar with the procedures for the proper and safe use, transport, storage, installation, inspection, maintenance, and handling of the products and agree to follow such procedures.
HEROTALK CAUTIONS THE PURCHASER:
- As a condition of your use of HEROTALK’s Web Site and as a condition of your purchase of any products from HEROTALK, you agree that you will not use such products for any purpose that is unlawful or prohibited by these terms, conditions and notices.
- By using the Site, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning if we believe that you are less than 13 years of age.
TERMS AND CONDITIONS OF SALE OF PRODUCTS
These terms and conditions are subject to change without prior written notice at any time, at HEROTALK sole discretion.
As a condition of your purchase of any products from HEROTALK, you agree to be bound by and accept these terms and conditions as the sole agreement applicable to your purchase of our products. Any terms and conditions printed on your purchase order will not apply.
HEROTALK published Privacy, Shipping and Return Policies shall apply unless agreed otherwise in writing by HEROTALK.
LIMITED PRODUCT WARRANTY
Except as otherwise required by law, for any product manufactured and sold hereunder by HEROTALK to the purchaser that each item purchased from HEROTALK will be free from defects in workmanship and materials for a period of one month from the date of shipment to the original purchaser. Purchaser’s exclusive remedy and HEROTALK sole obligation and liability under this warranty is to promptly replace any failed product resulting from defect in workmanship or material. HEROTALK does not warranty any item will be error-free or that its use will be uninterrupted. This warranty does not apply to any product that has been altered or used in conjunction with another vendor’s product resulting in the defect, or damaged or rendered unusable by improper installation, abuse, misuse, accident or negligence.
Except as otherwise required by law, for any product manufactured by another vendor and sold hereunder, said product shall be sold “as is” and HEROTALK makes no warranty, express or implied, including but not limited to any warranty of fitness for a particular purpose or of merchantability. The purchaser is entitled to the manufacturer’s limited expressed warranty, if any, that accompanies the product as its sole and exclusive remedy. HEROTALK makes no additional or independent warranty. Nothing in these terms and conditions is intended to enlarge, modify, or replace the original manufacturer’s warranty and liability for defects.
Except as otherwise expressly provided herein, HEOTALK disclaims and makes no other warranties, express or implied, including any warranty of fitness for a particular purpose or of merchantability. In no event shall HEROTALK be liable for punitive damages, indirect, special or consequential damages such as loss of profits, even if it has been advised of the possibility of such damages, or business opportunities, and in no event shall HEROTALK liability exceed the purchase price of the product(s).
Sales of our products must follow U.S. Commerce Department Regulations and State Department Restrictions. Products purchased from this Web site may be exported from the United States only in accordance with the Export Administration Regulations. Diversion contrary to United States laws is prohibited.
All sales of HEROTALK shall be deemed made in the State of California, regardless of the location of the purchaser.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Sonoma County, California, U.S.A. in all disputes arising out of or relating to the use of the HEROTALK Web Site. Use of the HEROTALK Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HEROTALK as a result of this agreement or use of the HEROTALK Web Site.
HEROTALK performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HEROTALK right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HEROTALK Web Site or information provided to or gathered by HEROTALK with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HEROTALK with respect to the HEROTALK Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HEROTALK with respect to the HERO TALK Web Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are in the English language.
When you interact with us through the Site, we may collect Personal Data and other information from you, as further described below:
Non-Identifiable Data: When you utilize the Site, we may receive certain personally non-identifiable information about your use of the Site. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. We may store such information ourselves or it may be included in databases owned and maintained by our affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to the Site, the number of visitors to each page of the Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.
In an ongoing effort to better understand and serve the users of the Services, we may conduct research on our end user’s demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated data with our affiliates, agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
There are certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, including as set forth below:
- Business Transfers:As we develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution or similar event relating to all or a portion of our business, assets or this Site, Personal Data may be part of the transferred assets.
- Service Providers, Agents and Related Third Parties:We sometimes hire other companies to perform certain business-related functions. Examples include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we may need to provide them with access to certain Personal Data. However, we only provide them with the information that they need to perform their specific function.
- Legal Requirements:We may also disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
You can shop online or sign-up for an association membership or seminar with confidence at www.herotalk.com, a secure web site. HEROTALK has partnered with Authorize.Net, a leading payment gateway since 1996, to offer safe and secure credit card transactions for our customers. HEROTALK does not store your credit card information.
The Authorize.Net Payment Gateway manages the complex routing of sensitive customer information through the credit card processing networks (see an online payments diagram). Authorize.net adheres to strict industry standards for payment processing, including:
- 128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions.
- Industry leading encryption hardware and software methods and security protocols to protect customer information.
- Compliance with the Payment Card Industry (PCI) Data Security Standard.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the HEROTALK Web Site are copyright material. All rights reserved.
Various company, product, and service names displayed on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Nothing on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Third-Party Trademark displayed on this Site. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our or our Service Provider’s reasonable judgment, may damage any goodwill in the Third-Party Trademarks.