Terms and Conditions of Website Use
PLEASE NOTE: YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS, PLEASE DO NOT USE THIS WEBSITE.
1. Use of Site
Use of this Site is void where prohibited by law. This agreement shall remain in full force and effect when you use the Site or any Content.
2. Use of Content
Visitors to the Site must respect the intellectual property rights of third parties. All Content is copyrighted, and it is either owned or used with permission by HeroMe. HeroMe disclaims any representation or warranty that your unauthorized use of the Content will not infringe upon the rights of third parties not affiliated with HeroMe.
Subject to the terms and conditions of this Agreement, HeroMe grants you a limited, revocable, non-transferable, and non-exclusive license to use the Site by downloading a single copy of the Content for your personal use only. This license does not give you any ownership or interest in any of the Content, and unauthorized use of the Content may violate copyright, trademark, privacy, and other laws. You agree to retain all copyright and other proprietary marks contained in the original Content and on any copy of the Content that you download. You may not sell or modify the Content or reproduce, distribute, or otherwise use the Content for public or commercial use.
3. User Account
In order to use certain portions of this Site, you must create an account and provide certain information about yourself. Your account is for your personal, non-commercial use only. Please provide complete and accurate information. You are prohibited from impersonating someone else, creating or using an account for anyone other than yourself, providing an email that is not your own, or creating multiple accounts. Please note that if you use a pseudonym at any time on this site, others may still be able to identify you based on comments, your use of the same pseudonym on other sites, or identifying words or descriptions in your chosen pseudonym.
You are responsible for maintaining the confidentiality of your account password. You are responsible for activities that occur in connection with your account. You agree to notify us immediately if you suspect fraudulent activity in connection with your account.
You may review, modify, or delete personal information you submit to the Site at any time, for any reason, by contacting HeroMe at Customer.Service@HeroMeLab.com. HeroMe may terminate your account at any time, without warning. Even if you are terminated, this agreement shall remain in effect.
4. User Content
HeroMe welcomes your communications. Please note, any submissions, questions, answers, comments, drawings, stories, images, graphics or the like submitted (collectively “Submissions”) shall be deemed and remain the property of HeroMe. HeroMe reserves the right to post, republish, or use any submissions for commercial purposes on this Site or our social media accounts. Submissions will be treated as non-confidential and non-proprietary, and HeroMe will not assume any responsibility, obligation, or liability for them or for HeroMe’s receipt or non-receipt of them.
You are responsible for any Submissions or communications you submit to the Site and you are responsible for any consequences resulting from the Submission or communication. You agree not to do any of the following: (i) send Submissions that are obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user, person or entity, (ii) send sexually explicit images, (iii) send advertisements or solicitations of business, (iv) send chain letters or pyramid schemes, or (v) impersonate another person. Violation of any of these terms will result in the immediate revocation of your right and license to use the Site and Content and obligates you to immediately destroy any copies of the Content in your possession.
You grant HeroMe a non-exclusive, royalty-free, perpetual, irrevocable, and sublicenseable right and license to reproduce, distribute, publish, transmit, modify, display, sell, license, prepare derivative works based upon, or otherwise use or exploit your Submissions. You represent and warrant that (i) you have the right and authorization to make the forgoing grant without the permission of a third party, and (ii) your Submissions are accurate and, under the permitted use by HeroMe stated above, will not infringe upon the rights of a third party.
It is the policy of HeroMe to terminate users who infringe the copyright rights of others after receipt of proper notification from the copyright owner or copyright owner’s legal agent. Please inform us immediately if you suspect that any Submission infringes someone’s intellectual property rights.
If you believe your copyrighted work has been submitted to HeroMe in a way that constitutes copyright infringement, contact us with your name, address, phone number, and email address, and include a statement that the infringing material is being used without consent.
For notice of claims of copyright infringement please submit your information to:
4803 Irvington Ave. Unit #8
Jacksonville, FL 32210
6. Online Shopping
By ordering a product from HeroMe, you represent that you are 18 years of age or older. In the event an individual under the age of 18 orders from HeroMe without the permission of a parent or guardian, the parent or guardian may return the product according to our posted return policy for a full refund.
It is your responsibility to pay all sales, use, and other taxes on your purchase from HeroMe.
You are responsible for paying all postage and handling charges related to your online purchase from this Site. You are also responsible for insuring your purchases.
We expect that you will be 100% satisfied with the products you order from the Site or Mobile Apps. However, if you are not 100% satisfied, we will gladly refund the purchase price, minus the cost of your return shipping and handling, if your order is returned to us within 30 days of your purchase and returned in the original packaging.
When making a return, please repackage the product in a similar box or the original packaging. We recommend using a return shipping method that offers proof of delivery such as FedEx, UPS, or regular mail. Please make note of the tracking information. HeroMe is not responsible for items lost during shipping and return shipping charges are not refundable. Please email Customer.Service@HeroMeLab.com to initiate a return.
More return information is available on our Site.
HeroMe warrants that products sold through the Site are free from defects in materials and workmanship related to broken parts (excluding paint scratches due to normal use) under normal conditions for 1 (one) year after purchase by the user on the Site subject to the terms set forth here. In the event of a failure of warranty, HeroMe will replace or repair the products at HeroMe’s expense and option. This warranty applies only to original purchases of products from this Site and does not extend to any person acquiring the product on a used basis. Your exclusive remedy, and HeroMe’s sold obligation and liability with respect to any defective product is limited to replacement or repair of such product. Users are responsible for shipping the defective product to HeroMe at their own expense. HeroMe will cover the cost of repair or replacement and return shipping to the user.
Except as expressly provided herein
HEROME RESERVES THE RIGHT TO UNILATERALLY CHANGE ITS WARRANTIES AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT PRIOR NOTICE. IF MATERIAL CHANGES ARE MADE THEY WILL BE POSTED ON THE SITE. YOUR CONTINUED USE OF ANY PRODUCT PROVIDED BY HEROME WILL SIGNIFY YOUR ACCEPTANCE OF THESE CHANGES. IF YOU DO NOT ACCEPT MATERIAL CHANGES TO THE AGREEMENT, CONTACT HEROME TO TERMINATE THIS AGREEMENT.
More warranty information is available on our Site.
7. Prohibited Activities
The following is a list of activities that are illegal or prohibited on the Site and through your use of HeroMe content. Prohibited activities include, but are not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending viruses or other harmful files, trademark infringement, copyright infringement, patent infringement, or trade secret theft; any automated use of the Site of Content, such as using scripts to add visitors or send comments or messages; interfering with, disrupting, or creating an undue burden on the Site, the Content, or the networks or services connected to the Content; attempting to impersonate another visitor or other person or entity; using any information obtained from the Site or Content in order to harass, abuse, or harm another person; accepting payment or anything or value from a third person in exchange for your performing any commercial activity on the Site or through the Content on behalf of that person; or using the Site of Content in a manner inconsistent with applicable laws and regulations.
8. Privacy and Security
You are solely responsible for any personal information or Submissions you submit to this Site and any material or information you submit to other visitors. HeroMe assumes no responsibility for the use or misuse of any personal information or Submission you submit to this Site. HeroMe has no obligation to use, or solicit/enable others to use, for any purpose, any personal information or Submission you submit to the Site.
9. Removal of Personal Information and Termination
You may review, modify, or delete personal information you submit to the Site at any time, for any reason, by contacting HeroMe at Customer.Service@HeroMeLab.com.
HeroMe may terminate you as a Subscriber at any time, without warning. Even if you are terminated, this agreement shall remain in effect.
10. Compliance with Laws; Investigations
You agree to comply with all applicable local, state, federal and international laws, rules, and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
HeroMe reserves the right, without any limitation whatsoever, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of this Agreement, (iii) involve and cooperate with law enforcement authorities in investigating any such matters, (iv) prosecute violators of this Agreement to the full extent of the law, and (v) discontinue this Site or terminate your access to it at any time, without notice, for any reasons and without any obligation to you whatsoever.
11. Communications with You
HeroMe may communicate with you via email, text message, telephone call (collectively “Communications”) regarding your use of the Site or Content or your submission of personal information or Submissions. You agree to receive our Communications from HeroMe, or its designees, necessary for the normal functioning of the Site or in connection with the Content. You are responsible for any charges resulting from the Communications relating to your use of the Site or Content, including but not limited to all text messages sent to you by HeroMe.
12. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT HEROME, LLC AND ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, OR ANY THIRD PARTY PROVIDER OF SERVICES OR INFORMATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEROME, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Disclaimer of Warranties
This Site may include technical inaccuracies or other errors, and your use and browsing of this Site is at your own risk. THIS SITE IS PROVIDED TO YOU AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HEROME, LLC DOES NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS SITE OR CONTENT CONTAINED ON THIS SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA OR OTHER ITEM, THEN HEROME, LLC WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, HEROME, LLC WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS SITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS SITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Site, please email Customer.Service@HeroMeLab.com. You may also contact us by writing to HeroMeLab.com Customer Service at 4803 Irvington Ave. Unit #8, Jacksonville, FL 32210. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Updated October 7, 2015.
14. Links by You to this Website
HeroMe grants you a limited, non-exclusive and revocable right to create hyperlinks to this Site. The following conditions of this grant include: (i) you must link only to the home page of our website, (ii) the links and related content do not suggest any affiliation with HeroMe or cause confusion among consumers, (iii) the links and related content on your site do not portray HeroMe or its products and services in a false, misleading, derogatory, or otherwise offensive manner, and (iv) the links and related content on your site are not operated for any commercial purpose.
15. Links on this Website to and from Other Sites
HeroMe reserves the right to post banners, advertisements, promotions, and similar content throughout the Site. Any interactions of business dealings you have with advertisers or other third parties found in connection with the HeroMe Site (including via Third Party Links) are between you and the advertiser or third party. HeroMe disclaims all liability in connection therewith, including but not limited to: issues related to content, payments, delivery of goods, warranties and the like.
17. General Provisions
By using this Site and Content, you agree to defend, indemnify, and hold harmless HeroMe, its officers, directors, employees and agents from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that HeroMe may become obligated to pay arising or resulting from your use of the Site, the Content, or your breach of this Agreement. HeroMe reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim.
HeroMe operates this Site from its headquarters in Jacksonville, Florida in the United States of America. HeroMe makes no representation that this Site is appropriate or available for use outside of the United States of America. If you use this Site from outside the United States of America, you are responsible for compliance with any applicable local laws. Although HeroMe products and services may be available outside of the United States, this Site may describe products or services that are only available in the United States of America (or parts of it) and are not available worldwide.
This agreement is governed by the laws of the state of Florida, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in Florida with respect to any dispute, disagreement, or cause of action related to or involving the Site or Content.
If any provision of this Agreement is found to be unlawful, void, or unenforceable by any court having competent jurisdiction, then that provision will be deemed severed from the remainder of this Agreement and will not affect the enforceability or validity of the remainder of the Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
18. Owner Name and Address
This Site is owned and operated by HeroMe, LLC, headquartered at 4741 Algonquin Ave. Jacksonville, Florida 32210.
Except as expressly provided elsewhere on this Site, this Agreement constitutes the entire agreement between you and HeroMe with respect to your use of this Site and Content.