Hero Health LLC
CLIENT AGREEMENT - TERMS OF USE
You must agree to the terms and conditions and definition of terms below before you are authorized to enter the Herotabs.com or Herotabs website(s). By entering the website(s) you verify and agree to the following:
1. I am an adult, being at least 18 years of age.
2. I have read the terms and conditions and definition of terms and agree to them or I will not enter the site.
3. I will not duplicate, utilize, or transfer in any media or format any of the content contained herein without the express written consent of Hero Health, LLC. Including but not limited to videos, photographs, advertising copy, registered trademarks, copyrights, design elements, graphics and any other intellectual properties that are the exclusive property of Hero Health, LLC.
4. I will hold Hero Health, LLC., its officers and employees, harmless from and against any claims, liability, losses, costs, damages, or expenses (including attorney's fees) arising from my use of any Hero Health, LLC product or utilization of this website and the information contained therein.
5. Limitation of Liability
IN NO EVENT SHALL HERO HEALTH, LLC., ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF HERO HEALTH, LLC HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION AN INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO HERO HEALTH, LLC. SERVICE, THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF HERO HEALTH, LLC. OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
6. Release, Waiver and Covenant Not to Sue
To the fullest extent allowed by law, you hereby release and discharge Hero Health, LLC. its affiliates, officers, directors, shareholders, employees, business partners, customers and any other authorized agent or representative of Hero Health, LLC., from any and all liability associated with your use of the Site. This release shall apply to any and all claims, whether known or unknown, held by you.
7. With respect to the releases contained herein, the parties agree that this release fully and finally releases and forever resolves the actions and liabilities released herein, and each party hereby waive all benefits under Section 1542 of the California Civil Code, as well as under any other statutes or common law principles of similar effect. Each party acknowledges having read and understood Section 1542, which states as follows:
"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."
You hereby also agree and covenant not to sue, and expressly waives any and all claims against, Hero Health, LLC. for any claim that is released hereunder or for an amount in excess of the limitation of liability provided in this Agreement.
8. Indemnity
You agree to indemnify, defend, and hold Hero Health, LLC., its parents, subsidiaries, affiliates, officers, directors, employees, and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonably attorneys' fees) and other costs arising out of or relating to (i) your breach of these Terms of Use or the documents it incorporates by reference; (ii) your negligence or misconduct; or (iii) a claim that your use of any Content infringes the copyright, trademark, trade secret, patent or other proprietary right of a third party. Hero Health, LLC. may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by Hero Health, LLC., however, shall not excuse any of your indemnity obligations.
Individual results may vary. Statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. Offers not valid in Arizona or where prohibited by law. ©2010 Hero Health, LLC. All Rights Reserved.
DEFINITION OF TERMS
MALE ENHANCEMENT – Refers to the support and/or promotion of improved erectile strength and/or overall sexual experience for men.
MALE PERFORMANCE – Refers to erectile strength, endurance, and confidence level.
ULTIMATE SEXUAL PERFORMANCE – Refers to male enhancement.
Any reference to an INCREASE IN PENIS SIZE or ERECTILE GROWTH whether implied or otherwise, associated with or without the words GROWTH, ENLARGEMENT, LONGER, THICKER, BIGGER, WIDER, HARDER all explicitly refer to, are descriptive of and/or are synonymous with the biological occurrence in men commonly known as an erection. For the majority of men an erection (engorged penis) may temporarily increases the length, thickness and hardness of the penis when the same penis is compared in its normally flaccid state. No reference contained on this website, advertisements, promotional copy or elsewhere is meant to imply or suggest any of the products for sale on this site claims to permanently increase ones penis size or cause any literal permanent growth of any kind.
Any reference to the product being GUARANTEED including but not limited to such terms as GUARANTEED EFFECTIVE, GUARANTEED TO WORK all refer explicitly to the company’s “MONEY BACK GUARANTEE”. If for any reason the product does not work for a particular individual or if the person is unsatisfied for any reason whatsoever, the company guarantees to refund the purchase price of the product as long as the customer makes such request in writing within 60 days after receiving the product. The company in no way implies or warrants that any of the products contained on this site will work for every person as individual results may vary.
Access
Hero Health,LLC. will provide you with access to the Site for the purpose of learning about Herotabs and its products. By providing this access, Hero Health, LLC. is acting as an online information provider only. No identifying information about any person under the age of 18 should be included in any submission or e-mail to the site.
This is a Contract
By acknowledging your acceptance of these terms and conditions, a contract will exist between you and Hero Health, LLC. Hero Health, LLC agrees that it will honor its obligations contained here and in its Privacy Statement (which Hero Health, LLC may change from time to time and which you accept so long as Hero Health, LLC. posts reasonable notice of such changes on the Site), as well as any other terms for providing service which we may place in writing from time to time. In turn, you acknowledge that you are bound by the terms and conditions of this Client Agreement and that you will honor your promises to Hero Health, LLC. under this contract. Hero Health, LLC reserves the right to modify and amend these terms, and to post the amended Terms of Use on the Site. By using the Site, you agree to abide by the applicable Terms of Use, as amended from time to time.
Permitted Use/Proprietary Rights
All information and Content available on the Site, including all Content provided by the Content Providers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights or laws, unless otherwise specified. You may not, without Hero Health, LLC. or the appropriate Content Provider's permission, download, copy, modify, display, or prepare derivative works based upon the Content on the Site. All rights not expressly granted herein are reserved.
Any reproduction, except for your personal non-commercial use, or republication, distribution, assignment, sublicense, sale or creation of derivative works, of all or any portion of the Content viewed or accessed from the Site without the express written permission of Hero Health, LLC or the Content Providers is expressly prohibited. You may not copy, post, or upload any of Hero Health, LLC Content to an Internet website, any public or private bulletin board system, or any other electronic network or Internet service, nor may you post any links between Site, and or any Content thereon, to any other website or location.
You understand and agree that the information and Content available on the Site may contain valuable proprietary rights and that any unauthorized, unlicensed, or prohibited disclosure, distribution, copying, or use of any kind of this information and Content ("Unauthorized Use") could result in substantial and irreparable harm to Hero Health, LLC and/or the respective Content Providers. Any Unauthorized Use by you shall be deemed an infringement of the rights of Hero Health, LLC or the respective Content Provider therein and shall constitute damage to the reputation and goodwill of Hero Health, LLC. You agree to bear full responsibility for the consequences of any Unauthorized Use by you or anyone acting on your behalf, including without limitation, termination of your Hero Health, LLC account, civil liability, and criminal prosecution. Notwithstanding any other remedies, you agree that Hero Health, LLC, or the appropriate Content Provider, shall be entitled as a matter of right, and without notice, to equitable relief by way of injunction or otherwise, in the event of any Unauthorized
Use by you.
You acknowledge Hero Health, LLC proprietary rights, including any and all copyrights and trademarks, in the Hero Health, LLC name and the Site. The Hero Health, LLC site includes the structure, sequence, organization, and look and feel of the Site, the database, listing, and transaction systems, and or the Content, where applicable, as well as the selection, arrangement and display of facts within Content, and in subjective or discretionary information (if any) needed by Hero Health, LLC to any Content. You agree not to violate the applicable copyrights or trademarks, if any, protecting the Hero Health, LLC site. You will indemnify Hero Health, LLC for any and all costs and expenses (including attorneys' fees) associated with any legal action brought by or against you with respect to the Hero Health, LLC site.
Anti-Spamming Policy
Herotabs.com maintains a strict anti-spam policy. No client at any time may send unsolicited e-mail as a way of promoting any Herotabs product or website. Anyone found to use non opt-in e-mail to promote a Hero Health, LLC property will have their account immediately disabled. This includes e-mail spamming, newsgroups, and IRC. If you violate this term of your agreement you will be terminated from the program and will not be paid. Spam complaints will be reported to the FBI.
RESOLUTION OF DISPUTES
Consumer acknowledges that he/she has read and agrees to the following condition(s) to resolve any potential disputes between Consumer and Hero Health, LLC prior to the purchasing of any product(s) promoted on this web site, whether purchased directly through this web site or through any other media, advertising, promotional material, or retail outlet. If Consumer is unsatisfied for any reason with the purchase of any product(s) contained herein, he/she may request a full refund of the purchase price in writing to Hero Health, LLC’s address within 30 days after receipt of product(s) or if this is not acceptable, Consumer agrees to resolve all disputes in regard to the Terms of Service (TOS) with Hero Health, LLC, including but not limited to the purchase, use, and efficacy of product(s) , as follows:
1. Arbitration. All disputes arising out of or relating to these TOS (including its formation, performance or alleged breach) or your use of the website will be exclusively resolved under confidential binding arbitration held in Los Angeles, California before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in Los Angeles, California to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
2. WAIVER OF CLASS ACTION RIGHTS. BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.
3. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Unauthorized Access of the Site
Unauthorized access of the Site, including by entering or monitoring the Site on any level other than through the Registration/Home Page, is expressly prohibited.
Linking and Framing Prohibited
You will not establish a link between any other website and this Site (or any Content on Site), or permit anyone else to establish such a link, either to the home page or to any other page herein. You will not frame any page or portion of this Site. The creation and/or the facilitation of the creation of links and/or frames to this Site and/or any Content is expressly prohibited and will be grounds for termination of your account.
Links to Third Party Websites
To facilitate your ability to obtain Content, Hero Health, LLC may provide links on its Site to Content Providers, as well as other third parties. Through these links you are permitted to leave the Site. Hero Health, LLC has no control over these linked websites and Hero Health, LLC is not responsible in any way for the operation, content, practices, or legality of those websites. Hero Health, LLC is providing these links solely for the convenience of its Clients. You hereby waive any claim you might have against Hero Health, LLC with respect to these websites.
Disclaimer of Warranties
Hero Health, LLC does not warrant or make any representations regarding the operation of the Site, the use, validity, or the results of the use of the materials or Content on this Site, the products or services obtained through this Site or any other websites linked to this Site, or any transactions entered into through this Site. You use any and all Content at your own risk. Hero Health, LLC is not responsible for any errors or omissions or for the results obtained from the use of any information, provided on this Site.
While it makes every effort to make sure its Site is always available to you, Hero Health, LLC does not guarantee that the Site, software, materials or products will be uninterrupted, timely, secure, or free of errors, or that any defects in the Site, software, materials or products will be corrected.
THE SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HERO HEALTH, LLC MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Check your state law.
Termination/Cancellation/Modification
Hero Health, LLC may terminate this Agreement, with or without cause, at any time, without notice, and without penalty. The following provisions shall survive any termination of this Agreement: Permitted Use/Proprietary Rights; Unauthorized Access of Site; Linking and Framing Prohibited; Disclaimer of Warranties; Limitation of Liability; Release, Waiver and Covenant Not to Sue; Indemnity; and, Governing Law and Jurisdiction.
Hero Health, LLC may change the Terms of Use at any time without notice by posting the changes on our Site. All changes shall automatically be effective 60 days after they are initially posted on our Site.
Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed under the laws of the State of California without reference to conflict of laws principles. These Terms of Use are deemed entered into in Los Angeles County , California . All disputes arising out of or related to these Terms of Use, the services, or Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County , California , and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
Entire Agreement
This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of these Terms of Use shall be valid unless in writing and accepted by each party. The waiver of breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.
THE USE OF THE CONTENT AVAILABLE THROUGH THIS SITE IS SUBJECT TO THE FOREGOING TERMS OF USE. BY SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE SITE, YOU AGREE TO THE FOREGOING TERMS OF USE, NOTWITHSTANDING ANY LICENSE AGREEMENTS INTO WHICH YOU MAY SEPARATELY ENTER. THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND BIOGENIS LABS, INC IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT SUBMIT INFORMATION TO, OR ACCESS INFORMATION FROM, THE SITE.
WARNINGS – DEFINITION OF “SAFE”
Ingredients found in Herotabs have shown to increase sexual performance and boost testosterone. Claims made on this website are based on independent studies. “Safe” refers to the quality of ingredients proven, in most cases, to cause no side effects. However some people may experience side effects associated with (but not limited to) specific ingredients, consult your doctor.
The Terms of Use (as changed from time to time as provided herein) shall apply to each time you visit Site.
Terms and Conditions of Sale and Disclaimers
The following terms and conditions for all uses of this website and disclaimers ("Terms") constitute a binding agreement between you and Hero Health LLC
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS. IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THIS WEBSITE. You should print a copy of the Terms for future reference.
GENERAL
1. These Terms shall govern the viewing of this website, the purchase of any products from it, and the use/purchase of any services on/from it, to the exclusion of any other terms and conditions. These Terms supersede all terms and conditions that may have been published previously on this site.
2. If you are not 18 years old, please ask your parents or other adults whether you are of age to use this website and to order goods and services from it. There may be local laws that make it inappropriate for you to use this site or make purchases from it. You and the adults whom you must consult are solely responsible for determining if you may use this site lawfully.
3. These Terms are subject to change at any time without notice by Hero Health LLC updating this posting. The new Terms will be binding upon you. You should visit this page from time to time to review the then-current Terms. Certain provisions of these Terms may be superseded by legal notices or terms located on particular pages of this website.
4. You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with the Terms.
5. We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete, or out of date.
6. Descriptions, depictions, representations, and/or specifications for the products and services on offer at this website are intended as a guide only and only give a general approximation of the efficacy of the products.
7. You shall use this website in a legal, honest, and inoffensive manner, in compliance with generally accepted internet usage practice from time to time, and in compliance with the prevailing standards of your own community.
8. This website offers online services that are adult in nature. It may contain graphic depictions and descriptions of explicit sexual activity and/or sell adult products. You acknowledge that you are aware of the nature of the content on this site, that you are not offended by it, and that you access this site voluntarily.
9. These Terms are organized under titles in order to group information into "user-friendly" categories. The titles are not to be used for purposes of interpreting the Terms.
ORDERS
1. We have the right to refuse to accept any orders placed for Hero Heath products and services. Your order for products shall only be binding on us when you receive confirmation that a product has shipped.
2. You are responsible for the accuracy of all information you provide that is necessary for us to process your order. If an order has not been shipped due to such inaccuracy, you alone are responsible.
3. The provision of products and services is subject to availability. If products are out of stock, Hero Health LLC will inform you as soon as possible. You will be given the option of waiting until the products are in stock or canceling your order.
4. If you have any problems or concerns regarding Hero Health LLC products, you can reach us via the customer service contact information supplied on this website.
5. Dates for delivery are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond our reasonable control.
6. If a delivery requires a signature to confirm receipt, it is your responsibility to ensure that there is someone at the delivery address to sign for the products when delivered. It is also your responsibility to collect the products from any postal collection depot and/or arrange an alternative delivery date if you are not available to sign for the products.
7. If you place your order by post, please complete the order form and send it to us, along with payment, to the address given. We have no liability to you in respect of orders which do not reach us.
8. Any products purchased are for personal use only. The products can not be resold and cannot be given to any third party.
9. The availability of this website may be outside our control and in the hands of third party providers. We cannot guarantees the level of availability of this site for your orders or other uses.
10. We are not responsible for safe delivery of goods because we do not ship the products directly. If the products are not delivered, arrive late, or are damaged in transit, you must take this up with the carrier. We will provide you with their details upon request.
11. Payment is due at the time you place your order.
12. We do not accept your order until we receive notice from our credit card merchant that your payment has been authorized and/or we have received payment in full in cleared funds.
13. If for any reason payment in full is not made, we may withhold or suspend delivery of the products.
TRIAL OFFER
The HEROtabs TRIAL OFFER Program offers you an INTRODUCTORY SUPPLY OF HEROtabs - you pay only $14.95 for shipping, and handling. You will then be automatically enrolled in our HEROtabs Monthly Club which will save you time and money! In this program you will receive a one month supply of HEROtabs every 30 days, starting 14 days from the date of your order. You will receive HEROtabs monthly at the exclusively discounted price of $49.95 for the members of HEROtabs Monthly Club, plus S&H ($9.95).
By selecting the Trial offer, you are proactively opting into our HEROtabs Monthly Club. Additionally, you are NOT obligated to remain a member, there are no minimum purchases and you may discontinue at ANY TIME. Each additional shipment you receive contains a one month supply of HEROtabs. The credit card you use today will be billed $49.95 plus $9.95 shipping and handling for each shipment you receive. You will receive your next shipment in approximately 30 days. Any shipments that are refused or returned without prior authorization may not be eligible for a refund. To discontinue your membership or request a refund, call our Customer Care Line at 1 (866)-520-0522 between the hours of 7:00am and 5:00pm PST. Please note that if you wish to discontinue membership, you MUST cancel prior to the next shipment to avoid being charged.
LIABILITY
1. The word "Liability," as used in these Terms, means any and all damages, claims, proceedings, actions, awards, expenses, costs and other losses.
2. Hero Health LLC MAKES NO WARRANTIES FOR THE PRODUCTS SOLD ON THIS WEBSITE. Hero Health LLC MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE PRODUCTS ON THIS SITE FOR ANY PURPOSE. ALL SUCH PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Hero Health LLC SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PRODUCTS ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
3. THE REPRESENTATIONS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS ON THIS SITE ARE BASED ON REPRESENTATIONS AND CONCLUSIONS BY THIRD PARTIES INCLUDING THIRD-PARTY SCIENTIFIC AND MEDICAL RESEARCHERS, CUSTOMERS PROVIDING TESTIMONIALS, EXPERT ENDORSERS, INFORMATION FROM SUPPLIERS, PARTICIPANTS ON INTERNET FORUMS, AND AUTHORS WHO PUBLISH LITERATURE ABOUT THE PRODUCTS' INGREDIENTS AND THEIR EFFICACY. Hero Health LLC DOES NOT ITSELF REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE, AND EXPRESSLY DISCLAIMS LIABILITY FOR ALL SUCH REPRESENTATIONS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.
4. Hero Health LLC SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE.
5. WE DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
6. Hero Health LLC URGES YOU TO SEEK THE ADVICE OF A PHYSICIAN OR OTHER COMPETENT MEDICAL PRACTICIONER BEFORE USING THE PRODUCTS OFFERED ON OR THROUGH THIS WEBSITE, SINCE YOU MAY BE TAKING A MEDICATION OR MAY HAVE A MEDICAL CONDITION THAT MAKES THIS PRODUCT INAPPOROPRIATE FOR YOUR USE. Hero Health LLC DISCLAIMS ALL LIABILITY FOR ANY INJURY OR ILLNESS THAT YOU SUSTAIN AS THE RESULT OF NOT SOLICITNG SUCH ADVICE, AS A RESULT OF HAVING RECEIVED INCOMPLETE OR INACCURATE ADVICE, OR AS A RESULT OF HAVING ANY ADVERSE PHYSICAL REACTION WHETHER OR NOT YOU FIRST CONSULTED WITH A MEDICAL PRACTITIONER.
7. IF ANY DISPUTES ARISE BETWEEN YOU AND US AS A RESULT OF THESE DISCLAIMERS AND EXCLUSIONS OF WARRANTY AND LIABILITY, OR FOR ANY OTHER REASON, AND NEITHER OUR CUSTOMER SERVICE DEPARTMENT NOR GOOD FAITH MEDIATION IS ABLE TO RESOLVE ANY CLAIM, DISPUTE OR CONTROVERSY, WE BOTH AGREE THAT SUCH DISPUTE SHALL THEN BE SETTLED SOLELY BY ARBITRATION STRICTLY BETWEEN YOU AND US, THE RESULT OF WHICH SHALL BE BINDING UPON ANY PARTIES INVOLVED, AND ANY JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. TO LEARN ABOUT THIS DISPUTE RESOLUTION POLICY IN FULL, PLEASE VIEW OUR ARBITRATION POLICY here.
8. Hero Health LLC DISCLAIMS ALL LIABILITY FOR REPRESENTATIONS AND WARRANTIES MADE ON OTHER WEBSITES ABOUT THE PRODUCTS AND SERVICES ON OFFER AT THIS WEBSITE IF SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE INCONSISTENT WITH REPRESENTATIONS AND WARRANTIES MADE ON THIS WEBSITE.
9. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS Hero Health LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AGENTS, DISTRIBUTORS, AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR BREACH OR ALLEGED BREACH OF ANY OF THESE TERMS AND/OR OF THE TERMS OF OUR ARBITRATION POLICY.
10. THESE DISCLAIMERS AND EXCLUSIONS APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE ON OR THROUGH THIS SITE.
11. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
INTELLECTUAL PROPERTY
1. By virtue of copyright, trademark, international treaties, and other laws, the entire contents of this website are owned by Hero Health LLC You may not forward or copy any portion of this for any purpose other than your own personal reference.
2. Certain trademarks, trade names, service marks, graphics, photographs, and logos used or displayed on this website are registered and unregistered trademarks, trade names, service marks, graphics, photographs, or logos belonging solely to Hero Health LLC or its affiliates. In addition, the arrangement and design of these elements on our website, and the underlying source code, are the sole property of Hero Health LLC You are forbidden from copying or using these in any manner without the written permission of Hero Health LLC or other owner.
DATA PRIVACY AND SECURITY
1. We do not sell databases to third parties that contain our customers' personal information. We are committed to safeguarding your personal information.
2. We may contact you in the event that we wish to inform you of other products and services that we believe may interest you.
3. If we are under an order from a court of law, law enforcement authority, or regulatory agency to render personal details of our customers, such a legal mandate may leave us no choice but to comply. Please be aware that every business, both on and off the internet, is subject to the same privacy limitation.
4. When you order products and provide certain personal information such as your contact details, credit/debit card details, or other payment details, this information may be processed by us on servers that reside outside North America or the European Union. By placing orders for the products, you consent to the transfer of your data to the location(s) at which our servers reside.
5. We may use a third party credit card merchant to take your payment. This third party will check and process your payment details. There are strict obligations that govern credit card merchants' handling of personal data. However, we cannot be held responsible for actions by this third party. We accept no liability for loss and/or damage that you may suffer as a result of this third party's acts and/or omissions. We advise you to print and retain a copy of each card transaction for future reference.
6. There is an inherent risk that any communication, whether by e-mail, fax, telephone, or post, can be intercepted by third-parties. We do not accept any liability for external compromise of security and/or confidentiality in relation to transmissions sent by any of these media.
7. Our site may place cookies on your computer. Cookies are software applications placed on your hard drive by many websites. The aim of a cookie is to track your website preferences and habits in order to make visits more productive. You should ensure that your browser software is set not to accept cookies if you do not wish to receive them.
8. You shall not use this website and any service made available to you via this website to attempt to gain access to and/or interfere with the functioning, operation or security of any network and/or system or in order to monitor a third party's use of the internet.
RETURNS/REFUNDS POLICY
1. We are confident that you will be satisfied with the products you have ordered. As a result, we offer you a full refund of the price you have paid for the products if you are dissatisfied, although we may deduct from the refunded purchase price any shipping and handling charges.
2. In order to qualify for a refund, you must provide us all the information we ask for on this website for such purpose.
3. To claim your refund under this guarantee, please contact info@herotabs.com or contact our customer service department at Toll Free (in North America) 1 866 520 0522.
4. To view other terms of our refunds and returns policy, please read our Guarantee.
"Return to Sender" packages will not be refunded. Please call customer service for return/refund instructions.
LINKS
1. Hero Health LLC is not responsible for the content of any websites that link to this one, including such websites that review and/or promote Hero Health LLC products and services. A link to this site from another website does not imply that Hero Health LLC endorses the contents of such websites or accepts the endorsements contained on such websites, or accepts any responsibility for the content or use of such other websites.
2. This site may contain links to websites owned or operated by parties other than Hero Health LLC. Such links are provided for your reference only. Hero Health LLC does not control outside sites and is not responsible for their content nor their conformity to applicable laws. Hero Health LLC inclusion of any links to an outside website does not imply any endorsement of the material on that site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Hero Health LLC inclusion of the links imply that Hero Health LLC is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
ENFORCEMENT
1. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same provision or other provision.
2. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
3. We shall have no Liability to you for any delay in performance to the extent that such delay is due to any event outside our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If we are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
4. All third party rights are excluded and no third party shall have any right to enforce these Terms.
5. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Hero Health LLC with respect to this website. No modification of this agreement shall be effective unless it is authored by Hero Health LLC and physically signed in blue ink by a director of Hero Health LLC.
6. The rules of arbitration, as set forth at our ARBITRATION POLICY shall govern the enforcement of the Terms between you and us.
SHIPPING
2 to 3 Days for Rush
10 to 14 Days for Standard
CUSTOMER SERVICE
- If you are unhappy with any aspects of the services and/or products that we have provided to you or have any queries or comments regarding the service, please call us at Toll Free (in North America) 1 866 520 0522 or email us at info@herotabs.com.
|
