AGREEMENT and DISCLAIMER
This Agreement and Disclaimer (“Agreement”) is a legal and binding contract between you and HERO DIRECT, INC. (“Company”) governing your use of this website, http://www.hero-direct.com (“Site”), and your purchase and use of the Company’s products (“Products”). Please review this Agreement completely before you continue to use the Site or purchase or use the Products.
By using the Site, you agree to be bound by this Agreement. You will also be subject to any additional contract provisions posted with respect to individual sections of the Site, which also govern your use of the Site.
If you do not agree to this Agreement, you are directed to discontinue using and accessing the Site. The Company reserves the right to change the provisions of this Agreement at any time without prior notice. Any changes to this Agreement will be effective immediately upon their being posted to this Site. Your continued access or use of the Site after such changes indicates your acceptance of the Agreement’s provisions as changed. It is your responsibility to review this Agreement regularly. This Agreement was last updated on June14, 2010.
The Site (including its operating source code) is owned by the Company. All of the content featured or displayed on the Site, including (without limitation), advertisements, still images, text, pictorial works, video images, still images of video, graphic designs, and computer applications and codes (“Content”) is owned or licensed by the Company.
Your access to (and use of) the Site and all Content, and your purchase and use of all Products, is subject to the contract provisions, conditions, and disclaimers set forth in this Agreement, and to all applicable laws and regulations.
The Company does not provide medical advice, diagnosis or treatment. The Content on the Site is for informational and advertising purposes only. The Content is not a substitute for professional medical and health care advice, diagnosis, or treatment from a duly licensed physician or health care provider who is familiar with your unique facts and in accordance with professional standards. It is your sole responsibility to obtain the advice and care of a physician or health care provider, if appropriate. The Content should in no way be taken to be the provision or practice of medical, nursing, or health care diagnosis, advice, or services.
Always seek the advice of your physician or health care 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 this Site.
If you think you may have a medical emergency, call your doctor or 911 immediately.
The Company is not responsible for any injury or other consequence arising out of the use or misuse of the Product or any Content contained on this Site. Such use or misuse includes (without limitation) a failure to follow instructions; a failure to obtain the advice of your physician or health care provider; or a failure to follow such health care advice. You and your physician or health care provider have the entire responsibility of being aware of any physical or other limitations which might contraindicate the use of the Product. You must exercise your own judgment when purchasing or using the Product.
Other than the Products, the Company does not recommend or endorse any specific tests, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Company or on the Site is solely at your own risk.
No Warranties; Limited Liability
If you are dissatisfied with any of the Content contained in the Site, with the quality of the Products, or with this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site, and to stop using the Products.
The Company is not responsible for any errors or omissions in Content on the Site, or for any results obtained from the use of such Content. Under no circumstances will the Company be liable for any loss or damage caused by your reliance on Content and other information (including advertising and other information) obtained from or through the Site. You agree that you must evaluate and bear all risks associated with your use of the Site and your purchase and use of the Products, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
THE CONTENT AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY EXPRESSLY WAIVES AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that the Company’s maximum liability arising from any use of the Site or the Products under any circumstances will be limited to U.S. $100.00. (Some states and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.)
IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST
PROFITS RELATED TO ANY OF THE FOLLOWING MATTERS:
1. ANY CONTENT LOCATED ON, OR TRANSMITTED TO, THROUGH, OR FROM THIS SITE.
2. ANY PRODUCT OR SERVICE OFFERED OR SOLD ON OR THROUGH THIS SITE.
3. YOUR RELIANCE ON ANY INFORMATION OR CONTENT THAT IS TRANSMITTED TO, FROM, OR THROUGH THE SITE.
The Company expressly disclaims any responsibility or liability for a user’s violation of any of the provisions of this Agreement.
The Site may provide links to other web pages, websites, and various resources or locations on the Internet. The Company has no control over the information you may access via such links, does not endorse that information, and is not responsible for it or for the consequences of your use of that information, or for any content, advertising, goods, services, or other materials on or available from such websites and resources. You acknowledge and agree that the Company will not be responsible or liable for any damage or loss caused (or alleged to have been caused) in connection with your use of (or reliance on) any such linked content, goods, or services available on (or through) any such linked website and resource.
Your Use of the Site
All users are required to use the Site for lawful purposes only. You agree not to transmit to, from, or through (or by means of) the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil or criminal liability.
The Company reserves the right (in its sole and absolute discretion) to refuse access to the Site to any user for any reason (including, without limitation, a belief that the user has violated this Agreement or any of the copyright or trademark laws of the United States).
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless the Company and its shareholders, officers, directors, employees, agents, and representatives from and against all losses, expenses, damages, and costs (including attorneys’ fees) resulting from (1) your violation of this Agreement or (2) compliance with, or legal matters associated with or arising out of, any subpoena or legal process that relates to you. The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you. In such event, you will fully cooperate with the Company in asserting any available defenses.
Your access to the Site is licensed to you, not sold. This license immediately terminates upon your breach of this Agreement. In addition, the Company may terminate this license immediately at any time, at will, or for the convenience of the Company. If you do not abide by the disclaimers, limitations, exclusions, or conditions as provided in this Agreement, you are not authorized to use the Site or to purchase or use the Products.
You are solely responsible for all acts and omissions that occur during (or relating to) your use of the Site. You agree not to engage in use of the Site that is unacceptable or illegal, or a violation of this Agreement or the copyright and trademark laws of the United States (as determined by the Company in its sole discretion). Specifically, you agree not to do any of the following things:
1. Post or transmit material that may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious.
The Products are protected by United States trademark and copyright laws, and other applicable laws. The Products (and their underlying purpose) are proprietary trade secrets of the Company.
The Site, and all Content contained on the Site, are protected by United States trademark and copyright law and other applicable laws, and are the sole and exclusive property of the Company (except as expressly identified on the Site). All copyrights and trademarks which are not the property of the Company that are used (or referred to) in the Site are the property of their owners. Nothing contained in the Site will be construed as granting any license or other rights to any copyright, trademark, patent, or other property of the Company or any third party, whether by implication, laches, estoppel, or explicit grant. The Content is proprietary. Any unauthorized use of Content or other materials on the Site may violate the law, and will be a violation of this Agreement.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site should be sent to the Company’s designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, you should furnish the following information by notice to the Company’s designated agent:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and e-mail address;
e. 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
f. 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.
The designated agent of the Company for notice of claims of copyright infringement on the Site is its President, who can be reached as follows:
Hero Direct, Inc.
PO Box 654
Deer Park, NY 11729
Collection of Information About You
When you use this Site, the Company automatically tracks certain information about you. This information includes your domain name and IP address, your browser version, your operating system, the website from which you came to this Site, the pages you visit within the Site, and the website to which you go upon leaving the Site. The Company uses this information, in an aggregate form only, to monitor the Site’s performance, utilization of features and services, traffic trends, and browser version.
By using the Site, you consent to the collection and use of your information by the Company as described in this Agreement.
The Company reserves the right to sell, rent, license, or exchange information about a user that is not personally identifiable, or that has been aggregated with information about some (or all) of the other users of the Site. Accordingly, information that you submit to the Company (including, without limitation, your state of residence) may be combined with similar information about other users of the Site, and may be disclosed on the Site or sold, rented, licensed, or exchanged with other parties. You expressly consent to the use of your information by the Company for these purposes.
The Company strives to protect the personal information, confidentiality, and privacy of each user. However, the Company cannot (and does not) guarantee the security of any personally identifiable information that you disclose to the Company in connection with your use of the Site (or otherwise) or your purchase or use of the Products, and you do so at your own risk.
You acknowledge that you are aware of security and privacy limitations including but not limited to: (1) the global accessibility of the Site on the Internet; (2) the limitation of security, privacy, and authentication measures and features in this Site; and (3) the risk that data or information on the Site may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, “impostering”, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination (including viruses, malware, worms, and Trojan horses) causing unauthorized, damaging, or harmful access and/or retrieval of information and data on your computer.
The Company is committed to the safety of children and to protecting the online privacy of children. Children under 18 may not use this Site or purchase or use of the Products. If a child under 18 nonetheless elects to use the Site, or transmit or receive information to, from, or through the Site, or purchase or use the Products, he (or she) should always ask a parent for permission. The Company will not request or knowingly collect from a child any personal information about the child or child’s family. The Company is not able to prohibit minors from visiting this Site. The Company relies on parents, guardians, and those responsible for supervising children under the age of 18 to decide whether this Site is appropriate for children to view or use. By your acceptance of this Agreement and use of the Site, and as a material condition of such use, you warrant that you are over the age of eighteen (18) and that you have provided accurate and complete information in any communication with the Company.
You and the Company have agreed to this Agreement within the State of New York, for all purposes. All Products that are furnished to you on, to, from, or through the Site are deemed to be furnished within the State of New York. All such goods and services are being furnished by The Company through its personnel and computer equipment located within the State of New York.
All disputes (with the exception of copyright claims) arising out of, under, or in connection with this Agreement (including without limitation, their validity, interpretation, performance, or breach), the use of this Site, and the purchase or use of the Products will be adjudicated exclusively in the federal or state courts located in (or having jurisdiction over) Suffolk County, New York. Copyright claims will be adjudicated exclusively in a federal court located in (or having jurisdiction over) Suffolk County, New York. You expressly consent to the jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse the Company for its legal fees and expenses of instituting (or defending) a lawsuit against (or by) you. This Agreement, and its validity and effect, will be interpreted under and governed by the laws of New York, without regard to its conflict of laws provisions.
This Agreement (and any other provisions posted on the Site, including (without limitation, the Disclaimer) constitute the entire agreement between the Company and you, and supersede all previous written or oral agreements between the Company and you. No action (or inaction) by the Company may be construed as a waiver of this Agreement (or any part). If any of the provisions of this Agreement are held to be unenforceable by a court having competent jurisdiction, the remainder of this Agreement will continue in full force and effect.
The Company fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. The Company reserves the right to release information about users whom the Company believes are in violation of this Agreement. The Company also reserves the right to report to law enforcement agencies any activities that the Company believes to be unlawful, and the identity of those who intend to harm themselves or others.
Copyright © 2010 Hero Direct, Inc. All Content contained in (and on) the Site, and the Site itself, are copyrighted materials belonging exclusively to The Company, and are protected by federal copyright law and international treaties. Hero Direct, Inc. enforces its copyright interests to the fullest extent permitted under the law. All rights are reserved.
30-Day Money Back Guarantee (Minus S&H) - New York residents add sales tax to order total. Please allow 2-4 weeks for delivery. No returns on international orders. CrossBlocker and Leg-o-Pedic are trademarks of Hero Direct ©2010 all rights reserved.
Always consult with your physician before purchasing and using this or any health aid to ensure that it's right for you.