Terms & Conditions
1. Your Acceptance of these Terms
In certain cases, these Terms as well as the separate guidelines or terms of services setting forth other conditions may apply to a product or service offered through the Sites as Additional Terms. These Additional Terms have been incorporated into the Terms listed here by reference. Additional Terms are intended generally to supplement these Terms. However, if there is a conflict between Additional Terms and these Terms, Additional Terms will be considered unless these Additional Terms state otherwise expressly or/and they are prohibited by law.
2. Electronic Communication
Communications between Hometown Heroes, LLC and you is electronic. You will agree to receive these communications from Hometown Heroes, LLC electronically. You also agree that the communications, disclosures, notices, agreements and terms and conditions we provide electronically will satisfy legal requirement that communications satisfy if they had been in writing.
3. Conditions Placed on Use of the Services and Sites
You will be permitted to use our Services or/and Sites upon the agreement that you:
- Will agree to these Terms
- Are at least 18 years old
- Are not prohibited from accessing our Services or/and Sites by law and have not been terminated, denied access to or banned from our Services or/and Sites by us
- Can form a legally binding contract
- Will agree not to impersonate other user of our Services or/and Sites
- Will not act on behalf of someone whose access to these Services or/and Sites has been denied or previously terminated by us.
4. Ownership of the Services and Sites
The Services or/and Sites (including present, future and past versions) along with all the content included on, in or that which is otherwise a part of Services or/and Sites (the “Content”) are licensed, controlled or owned by Hometown Heroes, LLC, its affiliates or subsidiaries.
5. Access to the Services and Site
We will provide a limited license for personal use of and access the Services or/and Sites subject to you complying with these Terms. You will be prohibited from:
- Any commercial use or resale of the Contents, Services, Sites or/and any other materials or contents found there
- Any use and collection of prices, descriptions, product listings or other information provided on the Site for anything else than your personal use, without limitation, including any purpose that is competitive to the Vendors featured on our Site and to Hometown Heroes, LLC or any marketing or commercial purpose
- Any copying or downloading of Account or Site information for reasons other than personal use, any use of robots, data mining or other data extraction or gathering tools
- Utilizing framing techniques for enclosing any part of the Site without a written consent
- Deep-linking to any part of the Site
- Using the Services or/and Sites for collecting or accessing personally identifiable data
- Using manual or automatic process for searching or harvesting information from Services or/and Sites, or trying to interfere with proper functioning of the Services or/and Site in any manner
- Using the Services or/and Site for generating unsolicited spam or email advertisement.
Unauthorized use of the Content, Services, Sites or/and any materials or content found here will immediately result in the termination of license or permission granted in the Terms. You will be granted a nonexclusive, revocable and limited right for creating a hyperlink to Hometown Heroes, LLC home page if the link will not portray our services, products or Hometown Heroes, LLC in a derogatory, misleading, false or offensive matter. You shall not utilize any proprietary graphics, trademarks or logos as part of this link without our written consent.
6. Digital Millennium Copyright Act -Copyright Notice
Hometown Heroes, LLC respects others’ intellectual property and we request you to do so too. If you are an owner’s agent or own a copyright and find that any content on the Services or/and Sites infringes on your copyrights, you can submit a notification according to the “DMCA”- Digital Millennium Copyright Act. Please provide our Copyright/DMCA Agent the information listed below in writing: (i)Signature of the individual authorized to act on behalf of an owner of exclusive right allegedly infringed; (ii) identification of materials claimed to have been infringed as well as reasonably sufficient information for permitting to locate this material; (iii) identification of such copyrighted work that have been claimed to be infringed; (iv) contact information, along with email address, telephone number and address; (v) Statement that you believe that the use of material complained of has not be authorized by the owner of the copyright, the law or its agent; and (vi) Statement that information in that notification is under perjury penalty and accurate, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You also acknowledge that the DMCA notice shall not be considered valid if you do not comply with all requirements listed in this Section.
All the contents of Services or/and Sites (along with the Content) will be subject to copyright under the copyright laws or/and similar laws of United States or other jurisdiction. Hometown Heroes, LLC, without limitation, will own the copyright in enhancement, arrangement, coordination and selection of all Content in the Services or/and Sites. Service marks and Trademarks, without limitation including, “Hometown Heroes, LLC”, appearing in the Services or/and on Sites are the trademarks and service marks of Hometown Heroes, LLC or its affiliated entities. You will agree not to use or display such marks in any way without a written permission from Hometown Heroes, LLC. You will also not use “hidden text” or meta tags using our trademarks or names without limitation and without our written consent. Any goodwill that is associated with the use of such marks by you, in spite of the foregoing, will exclusively inure to Hometown Heroes, LLC as well as the respective owners. Content cannot be distributed, downloaded, reproduced, modified or copied in any form, in part or whole, without prior written consent of Hometown Heroes, LLC, except and unless expressly allowed by these Terms. Unauthorized use of our Content is strictly prohibited. You hereby agree to all and any additional copyright and trademark notices, restrictions or information contained in the Services or/and Sites.
9. Third-Party Contents and Links
10. Your Account
It will be necessary to create an account on Hometown Heroes, LLC (an “Account”) in order to gain access to Offers and other Services. You agree to provide us complete, accurate information if you register with us and you agree to keep the information updated when it changes. You will get unique log-in information upon registering (“User ID”). We do not authorize access to Hometown Heroes, LLC Services and Site by any entity or person using your log-in information. You will be responsible to prevent any unauthorized use. Entities and individuals whole access privileges for using the Services or Site has been terminated previously by Hometown Heroes, LLC must not register or create an account. You will not allow such entities to use your Account.
Hometown Heroes, LLC relies on these User IDs to know if users accessing or using our Services and Sites are authorized users. If anyone accesses our Services or Sites using a User ID that has been issued by us to you, we will rely that the access is made by you. You will be solely responsible for all and any access to our Site and using our Services by individuals using the User ID given to you. Please contact us immediately if you think someone is using your User ID without authorization.
Hometown Heroes, LLC offers users with opportunities to receive discounts (“Offer”, or collectively referred to as, “Offers”) through third-party Vendors (“Vendor”). Each Offer’s promotion works as an advertisement for this Vendor by Hometown Heroes, LLC.
Certain Offers will have specific terms varying from the general terms that are stated in Section 6. Such special terms are set here. Other varying terms for certain Offers will now be set in the Fine Print of the Offer.
Certain Promotions cannot be used beyond the specified jurisdictional and geographical boundaries. Hometown Heroes, LLC will reserve the sole discretion and right to limit or exclude the provision of the Services, the Sites, or any other service or product. Hometown Heroes, LLC doesn’t warrant or represent that the service or product promoted on this Site can be redeemed by any individual. If you attempt to use Promotions using different or multiple identities, addresses, registrations, forms or credit cards, it will result in the termination of your account. It will be at our discretion to determine if the redemption characteristics will constitute to violate any of our rules.
The Vendor will hold all responsibility for the services and goods provided to you as well as for all and any liabilities, claims, damages, illnesses, injuries and costs that may cause you to indirectly or directly, in part or in full, to suffer, whether or not related to the redemption or use of the Promotion. Unless indicated otherwise, Hometown Heroes, LLC is only the marketer for the services and goods of the Vendor. You hereby waive all the rights irrevocably related to as well as release Hometown Heroes, LLC and its agents, employees, directors, officers, partners, affiliates and subsidiaries from any liabilities related to or arising from any omission or act of the Vendor related with the use of the services or/and products and the Promotion.
12. Other Services
Other than the Offers, we may also offer other services and products at times. The terms specific to such services or products will be set forth at the time of subscription or purchase. Most of these will also be available in addenda that can be found in our Additional Terms here.
13. Warranty Exclusion
We provide services and sites “as is”, “as available”, and “with all faults”, unless specified otherwise. We do not make implied or express guarantees, warranties or representations of any type about third party services or products, Services or Sites provided to you, unless it has been specified expressly in writing.
Hereby you irrevocably and expressly agree that you continue to use this site at your own risk.
Nothing that has been listed in these terms will limit or exclude Hometown Heroes, LLC liability or warranty for losses which might not be limited or lawfully excluded by any applicable law.
Hometown Heroes, LLC and its Vendors, vendors, agents, directors and officers, to the extent as permitted by law, disclaim the implied warranties that services and site are non-infringing, suitable for a need or purpose, timely, accurate, of good quality or merchantable. We don’t guarantee that: (a) your use of these services or/and sites will meet your needs; (b) your use of these services or/and sites will be free from error, available, secure, timely and uninterrupted; (c) services or products obtained due to the use of the services or/and sites will prove to be reliable; or (d) any electronic communications that are sent from Hometown Heroes, LLC will be free from harmful components and viruses.
No written or oral advice or information provided by Hometown Heroes, LLC representative will be warranted.
14. Content and Information Submitted by You
Services and Sites may provide you the chance to post questions, photos, comments, reviews and other such content (“User Content”). According to these Terms you will agree not to post User Content on any Services or/and Sits that is defamatory, threatening, obscene, illegal, invasive of any privacy, injurious to any third parties or infringing of any intellectual property rights. You also agree to not post User Content containing any kind of spam, mass mailings, chain letters, commercial solicitation, political campaigning or software viruses. You are not permitted to impersonate an entity or person, use false email address or mislead to the User Content origin. Hometown Heroes, LLC will reserve all rights (without the obligation) to edit or remove such User Content. However, we do not regularly review the User Content posted. Any comments, discussions, ratings, opinions advice or/and User Content of any type by you or other users of the Services or/and Sites will be those of the distributor(s) or author(s) and not Hometown Heroes, LLC.
If you submit material or User Content, and unless otherwise indicated, you will grant Hometown Heroes, LLC a sub-licensed, irrevocable, perpetual, royalty-free and non-exclusive right to translate, publish, adapt, modify, reproduce, use, create derivative work, display and distribute the User Content in any type of media anywhere in the world. You hereby grant Hometown Heroes, LLC as well as its sublicensees full right to utilize the name submitted in connection with the User Content at our sole discretion. You will warrant and represent that you control or own all rights to User Content posted by you, that this User Content is not violating the policy, is accurate and will not cause any form of injury to an entity or person and that you indemnify Hometown Heroes, LLC for all the claims that may result from the your User Content. Hometown Heroes, LLC will not take any liability or responsibility or User Content submitted by you as well as by a third party.
15. Product Submissions
Hometown Heroes, LLC also does not accept any type of unsolicited submission for services, products, articles, websites or business ideas. We intend to avoid any future misunderstandings if projects developed on behalf of our by Hometown Heroes, LLC (by third parties or internally) may seem to be similar to others to their own materials or creative ideas. Please don’t make any unsolicited submissions to Hometown Heroes, LLC through text message, email or the Sites. However, if any such submissions are made, these will be subject to the Terms listed here. You grant Hometown Heroes, LLC irrevocable license and right to this submission as User Content.
16. Dispute Arbitration
In arbitration there will be no jury or judge. For an arbitration award, court review is limited. An arbitrator may award the same relief and damages on individual basis (including declaratory and injunctive statutory damages or relief) as any court. An arbitrator must also comply by the provisions listed in these Terms like any court.
To start any arbitration process, you will need to send a letter to request arbitration and describe the claim to the registered agent. Arbitration will then be conducted before a commercial arbitrator from the AAA- American Arbitration Association having substantial experience resolving such commercial disputes under the rules. This includes the Supplementary Procedures of AAA for Consumer Related Disputes. The rules of AAA can be found by calling on 1-800-778-7879 or by visiting http://www.adr.org. All the arbitrator, administration and filing fees for claims will be paid by us up to less than $10,000. The fee payment for larger claims shall be governed by the fee schedule of AAA for Consumer Arbitration Costs. Hometown Heroes, LLC and you might be able to recover the fees of the attorney in arbitration as in any court if available under the applicable law. Claims that would be brought otherwise in smaller claims court, the arbitration for these claims will solely be conducted according to written submissions and if deemed appropriate by the arbitrator, through telephonic hearing. In case the claim exceeds the amount which can be recovered in smaller claims court and if the arbitrator decides that a face to face hearing process is appropriate, hearing shall be conducted in the county of your residence or another location mutually agreed upon and convenient for you. The decision made by arbitrator (along with finding of conclusion or/and fact of law) against Hometown Heroes, LLC or you will be confidential unless it is required otherwise by law to be disclosed. It may not be used collaterally by us or you in subsequent or existing arbitration or litigation involving Hometown Heroes, LLC customer or another person.
Hereby we both agree that either of us can bring suit in the court for enjoining unauthorized access, trespassing of computer networks, infringement, misuse, theft or misappropriation of any intellectual property rights. We hereby also agree that the proceedings for dispute resolution shall only be conducted on individual basis instead of in a representative, consolidated or class action. The arbitral tribunal will have full power to rule any challenge to its validity, enforceability or jurisdiction of any part of the agreement for arbitrating. If any portion of the arbitration provision provided here is unenforceable, the balance of the provision will be in effect and will be construed as per the terms of the provision as if the provisions that are unenforceable are not contained. However, if the class action waiver is unenforceable, the full arbitration provision will be void and null. For any reason, if the claim proceeds to a court instead of arbitration, we will both waive the right to jury trial and will agree that we will exclusively litigate in courts in Wake County, NC.
17. Applicable Law
You agree to the Terms listed here by using Hometown Heroes, LLC’ Services and also agree that disputes or claims between Hometown Heroes, LLC and you arising from this Agreement will be governed by North Carolina laws regardless of the principles of conflict of law, expect the arbitration provisions listed here will be governed by Federal Arbitration Act.
You can terminate the legal agreement between you and Hometown Heroes, LLC by: (A) closing the Accounts for all of the Services used by you or (B) notifying Hometown Heroes, LLC at legal@HometownHeroes.com.
This Agreement can be terminated by Hometown Heroes, LLC at any time if: (i) Hometown Heroes, LLC is required to do so by law; (ii) you breach the provisions or don’t comply with this Agreement; (iii) a partner with whom Hometown Heroes, LLC offered you the Services has ceased offering Services to you or terminated its partnership with Hometown Heroes, LLC; (iv) Hometown Heroes, LLC has ceases to offer Services in your country; or (v) Hometown Heroes, LLC concludes that providing Services to you is not commercially viable any longer. Notwithstanding of anything that contrary in the Terms, Hometown Heroes, LLC will reserve full right to and the sole discretion to discontinue any service or product at any given time.
Hometown Heroes, LLC, without limiting anything above mentioned, can immediately suspend or terminate Accounts, passwords or User IDs if your conduct, by its sole discretion, Hometown Heroes, LLC decides is unacceptable or if you breach this Agreement. If terminated, you will fully agree to cease access to Services and Sites immediately. If any Offer has been issued before termination, it will be honored as per its terms as well as the terms listed in this Agreement as applicable to any such Offer.
19. Reservation of Right, Indemnity, Release
You hereby agree to hold harmless, indemnify and defend Hometown Heroes, LLC as well as its agents, employees, directors and officers against and from all and any claims, expenses, debt, costs, liabilities, losses, obligations and damages (not limited to but including reasonable fees for attorneys) that may arise from: (i) the access to and use of Hometown Heroes, LLC; (ii) violation of this Agreement or Terms; (iii) violation of third party right, without limitation including, privacy, property or copyright; or (iv) claim that the User Content posted by you caused damaged to any third party. The indemnification and defense obligation given here will survive termination of your use of Services or/and Sites and this Agreement.
Hometown Heroes, LLC has no obligation but the right to take action or monitor disputes you might have with Vendors, customers or other users. To the extent permitted by law, you hereby release Hometown Heroes, LLC from any liability or claims related to User Content or/and Content posted on our Sites as well as from claims about the conduct of any Merchant or other customers. You also agree to waive off the California Civil Code Section 1542 (for California residents) as well as similar provisions found in other jurisdictions (for residents of any such jurisdiction), stating: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
20. Liability Limitations
Subject to exclusions of arbitration provisions and warranties provided here, the exclusive and sole remedy for dispute with Hometown Heroes, LLC is discontinuing the use of services and sites. You agree and understand that Hometown Heroes, LLC, its Vendors, vendors, agents, directors, officers and affiliates will not be liable for: (a) any exemplary, consequential, incidental, special or indirect damages that may arise from the use of, reliable upon or inability to use the services and sites. Or (b) any claims that exceed the amount of fees paid by you during the period of last one year for a specific service or/and product at issue. These exclusions are not limited to but will apply to, any claims made for lost goodwill, lost data, lost profits, commercial losses or damages, computer malfunctions or failure or work stoppage, even if Hometown Heroes, LLC should have known or knew of the possibility of damages. If the applicable jurisdiction doesn’t allow the limitation or exclusion of liability for incidental or consequential damages, our liability as well as that of Vendors, vendors, agents, directors, officers and affiliates, in such a jurisdiction, will be limited to an extend as permissible by law.
As listed above, you expressly agree that it will be your sole responsibility for interacting with third party Vendors. You hereby agree to release Hometown Heroes, LLC from all or any liability or claims related to services or products of third party Vendors or any inaction or action by third party Vendors, subject to exclusion of arbitrary provisions, liability limitations or warranties listed here.
21. Agreement, Waivers and Changes to the Agreement
22. General Terms
Hometown Heroes, LLC and you are only independent contractors and nothing listed in this Agreement will create an agency, employment relationship or partnership. There will be no third-party beneficiaries to this Agreement. The Agreement may be assigned without notice at any time. This Agreement or your obligations or rights may not be assigned by you, in part or whole, to third parties without a written consent from us. Any attempt to do so by you will be considered invalid. If any part of the Agreement is held unenforceable or invalid, that portion shall be construed according to the applicable law. The remaining portion of the Agreement shall remain in full effect and force. Any failure on our part to enforce the provision of this Agreement shall not be considered to be a waiver of any rights to enforce the provision. Under the Agreement, our rights shall survive the Agreement’s termination.
Hometown Heroes, LLC and you agree that any cause of action related or arising out of Hometown Heroes, LLC shall commence within one year after the accrual of the cause of action. It will otherwise be permanently barred.
You hereby represent that you are able to legally accept the Terms. You also confirm that you are an emancipated minor, over 18 years of age or have legal guardian or parental consent and that you are fully competent and able to enter into the warranties, representations, affirmations, obligations, conditions and terms listed in the Agreement, as well as to comply and abide by the Agreement. You must stop using the Services or/and Sites immediately if you refuse to comply or abide by this Agreement or if you are legally unable to accept the Terms.
You also agree to the wish that the Agreement along with all agreements and documents indirectly or directly relating to it will be in English language only.
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