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Terms of Use

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HERO DIGITAL, LLC., (“HERO DIGITAL” OR “WE” OR “US” OR “OUR”). THIS WEBSITE, LOCATED AT WWW.HERODIGITAL.COM (THE “WEBSITE”), IS OWNED AND OPERATED BY HERO DIGITAL. BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (THE “TOU”). THIS WEBSITE PROVIDES USERS WITH ACCESS TO A VARIETY OF INFORMATION AND RESOURCES. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE CHANGED OR UPDATED BY THE HERO DIGITAL FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH CHANGED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT.

Description of our Services

Hero Digital is a customer experience agency providing a wide variety of technology solutions, digital marketing, interactive services, software development, collateral concept and design, business strategy development and consulting services.

Collection of Personal Information

You can visit the Website and access some of the resources, features and functionality without being required to provide us with any personal information. However, certain resources/requests will require that you provide us with some personally identifying information about yourself, as more specifically detailed in our privacy policy

Age Requirements

The Hero Digital Website is intended solely for users who are 16 years of age or older, and any access to the Website by anyone under 16 is unauthorized. If you are under 16, you are only allowed to access this Website with your parent or guardian permission and supervision.

Limited License and Site Access; All Rights Reserved

The Website provides a variety of content, information and resources, including, but not limited to, blogs, newsletters and case studies (hereinafter, the “Content”). Hero Digital hereby grants you a limited license to access and make personal use of this Website and Content, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Hero Digital or as otherwise explicitly permitted. This license does not include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hero Digital without Hero Digital’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Hero Digital’s name(s) or service marks without the express written consent of their owners.

Intellectual Property Rights

Copyright

Except as otherwise expressly stated, all Content and other information appearing on this Website is the copyrighted work of Hero Digital or its third party content suppliers and is protected by U.S. and international copyright laws. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Hero Digital or any applicable third party suppliers.

Trademarks and Service Marks

Certain trademarks are the service marks and trademarks of Hero Digital or one of its affiliates. Hero Digital name, logo, the domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Hero Digital. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of Hero Digital.

Prohibited Use

You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Website. In addition, in connection with your use of the Website, you agree you will not: a) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; b) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than as authorized herein, or c) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.

Links to Third-Party Websites/Materials/Content

This Website contains links to a several social media profiles on platforms owned and operated by parties other than Hero Digital, including Facebook, LinkedIn and Twitter. We do not control these websites, and are not responsible for the content or accuracy of anything on these sites, including any advertisements, products for sale, or services. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. Hero Digital shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, advertisements, products, services or other materials available on or through any such website. Hero Digital is not responsible for the privacy practices of any other websites.

Service Provided in United States; Compliance with Laws

The Hero Digital Website is hosted in the United States. If you are a non-U.S. user of the Hero Digital Website, by visiting the Website you agree to comply with all applicable federal and state U.S. laws. Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Website and any related services, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.

We make no representations that the Website and any and all information contained therein, including the Content are appropriate, available or legal in any particular location. This Website is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Hero Digital to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Websites and all related Content on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your thereof.

General Disclaimer

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION, RESOURCES AND CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND THE HERO DIGITAL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, INFORMATION, CONTENT AND RESOURCES, AND ALL ELEMENTS THEREOF, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. HERO DIGITAL MAKES NO WARRANTY THAT THE WEBSITE IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation of Liability

IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL HERO DIGITAL WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to defend, indemnify, and hold harmless Hero Digital, their affiliates, and all of their respective employees, agents, directors and officers from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach or alleged breach by you of this Terms of Use.

Severability/Waiver

If any provision(s) of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then such provision(s) shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver or failure to enforce of any of the terms of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Governing Law and Jurisdiction

These Terms of Use and your access to and use of this Website are governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Terms of Use or Website shall be filed only in the courts located in the San Francisco County, CA, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding.

YOU AND HERO DIGITAL AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THE HERO DIGITAL WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR THE HERO DIGITAL ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND THE HERO DIGITAL FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, THE HERO DIGITAL, AND ALL PARTIES TO ANY SUCH PROCEEDING.

Force Majeure

The Hero Digital shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of our contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

Notices

Any notices to you from The Hero Digital regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail.

Website Privacy Policy

Our Website Privacy Policy describes the details of Hero Digital’s information practices and procedures for personal information we collect at this Website. We strongly urge you to read our Website Privacy Policy.

Date These Terms of Use were Last Updated: October 11, 2019.