Terms Of Use
Last Updated: June 21, 2011
These terms and conditions govern your use of this web site. By accessing this web site, you are acknowledging and accepting these terms of use. These terms of use are subject to change by Village Hero, Inc. (hereinafter “Company”) at any time and at our discretion without notice. Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site.
1. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. As noted above, reproduction, copying, or redistribution for commercial or personal purposes of any materials or design elements on this site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us at support (at ) speakingforaliving { dot} com.
2. THIRD PARTY REFERENCES / HYPERLINKS
This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
3. SUBSCRIPTION TERMS
Portions of Village Hero’s programs and content, including the Coaching Services and “Done For You Programs” may be offered as monthly subscription services. Subscribers to the Products and Services and Village Hero, Inc. web based programs, products, services and programs and users of Village Hero’s Web Sites may pay a monthly subscription fee. The monthly subscription fee will be based on the product or service and established from time to time on the Village Hero Web Sites. From time to time, Village Hero may offer subscribers and users the right to subscribe to a program, product or service for a period of longer than one month, often at a discounted rate (The “Periodic Rate”).
Each user agrees to pay to Village Hero a monthly subscription fee or an agreed upon Periodic Rate, in advance, via Pay Pal, credit card or other method from time to time established by Village Hero, for each month’s or other periodic use of the product, service or program selected and/or access to the Village Hero Web Sites.
Each user authorizes Village Hero to automatically debit the payment source or mechanism associated with his or her registered account for each monthly subscription fee or the Periodic Rate agreed upon by them. Monthly subscription fees and Periodic Rates are not refundable for any reason, except as expressly provided from time to time on the Village Hero Web Sites, under Village Hero’s then applicable and published termination, refund and cancellation policies. Automatic debits shall continue unless the user terminates the subscription in accordance with the terms and conditions for proper cancellation or to support (at ) speakingforaliving [ dot] com and otherwise comply with the then published policy for refunds or cancellations.
Village Hero also offers a number of products, programs and services developed and provided by third party providers, including certain web based software applications and content, downloadable software, text message, cellular, and telephony products others types of products and services (The “Third Party Tools”). The Third Party Tools may be offered as part of a “bundle” of products and services which include access to the Village Hero Web Sites, or as stand-alone products or services. While the Third Party Tools may feature brand or trade names associated with Village Hero and its brand and tradenames and Village Hero may provide certain customer support services for them, they are not products or services developed by Village Hero.
The Third Party Tools offered by Village Hero may at any time change or be revised and any specific Third Party Tools may cease to be offered or supported by Village Hero at any time, without notice. Village Hero may also from time to time provide access to new or different Third Party Tools. The availability, functionality, usability of utility of any of the Third Party Tools are not warranted, represented or in any way assured by Village Hero. Village Hero makes no representations or warranties regarding the Third Party Tools and disclaims all liability for their use, implementation or availability..
4. MATERIALS PROVIDED TO VILLAGE HERO OR POSTED AT ANY VILLAGE HERO WEB SITE
Village Hero does not claim ownership of the materials you provide to Village Hero (including feedback and suggestions) or post, upload, input or submit to any Village Hero Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Village Hero, its affiliated companies, licensees and sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein.
Village Hero is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Village Hero’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
5. CONTACTING US
If you need to contact us, you can email us at support (at ) speakingforaliving { dot] com.
6. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH VILLAGE HERO, INCLUDING ANY PUBLICATION IN PRINTED OR DIGITAL FORM, ANY COACHING SERVICES, THIRD PARTY TOOLS AND THE VILLAGE HERO WEB SITE (COLLECTIVELY “the “PRODUCTS AND SERVICES”), MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, “BUGS”, FLAWS, FUNCTIONAL PROBLEMS, ERRORS OR MISTAKES. DELETIONS, CHANGES AND REVISIONS ARE PERIODICALLY MADE TO THE PRODUCTS AND SERVICES. VILLAGE HERO AND/OR ITS SUPPLIERS MAY MAKE DELETIONS, MODIFICATIONS, CHANGES OR IMPROVEMENTS IN THE PRODUCTS AND SERVICES AT ANY TIME, WITHOUT NOTICE. ADVICE RECEIVED VIA THE PRODUCTS AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
VILLAGE HERO AND ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, SUCCESSORS, ASSIGNS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE PRODUCTS AND SERVICES, INCLUDING THE VILLAGE HERO WEB SITE AND THIRD PARTY TOOLS, FOR ANY PURPOSE WHATSOEVER. ALL PRODUCTS AND SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS, WHERE IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND. VILLAGE HERO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCTS AND SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL VILLAGE HERO AND/OR ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS INTERRUPTION OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PURCHASE, PERFORMANCE, AVAILABILITY, USE OR PERFORMANCE OF THE PRODUCTS AND SERVICES, THE RESULTS OBTAINED FROM CONTENT, DATA OR ADVICE RENDERED THROUGH ACCESS OR USE OF THE PRODUCTS OR SERVICES OR ON THE VILLAGE HERO WEB SITES, WITH THE DELAY OR INABILITY TO USE THE PRODUCTS OR SERVICES, THE VILLAGE HERO WEB SITE OR ANY RELATED PRODUCTS, INFORMATION OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PRODUCTS AND SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCTS OR SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VILLAGE HERO OR ANY OF ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICABLE PRODUCTS AND SERVICES AND TEMINATING YOUR SUBSCRIPTION FOR THEM IN ACCORDANCE WITH VILLAGE HERO’S CANCELLATION AND TERMINATION POLICIES THEN IN EFFECT AND POSTED ON THER WEB SITE. VILLAGE HERO’S MAXIMUM LIABILITY FOR ANY BREACH OF THIS AGREEMENT OR ANY CLAIM ARISING OF THE PURCHASE OR USE OF THE PRODUCTS OR SERVICES OR THE VILLAGE HERO WEB SITE OR ANY CONTENT APPEARING ON ITS WEB SITE SHALL BE A REFUND OF ANY MONTHLY SUBSCRIPTION FEE PAID BY THE SUBSCRIBER FOR THE MONTH DURING WHICH ANY CLAIM, DAMAGE OR ALLEGED CLAIM ARISES.
8. CONFIDENTIALITY OF CODES, PASSWORDS AND INFORMATION
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from Village Hero, and all information to which you have access through password-protected areas of Village Hero’s Websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever, and recognize that if we determine that you have violated this and/or shared or placed Village Hero content on any other site or service, intentionally or otherwise, we have the right to permanently or temporarily suspend your access to the site, at our sole discretion, and to pursue legal and other remedies to the full extent of the law.
9. INDEMNIFICATION
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.
10. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
11. JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, USA. You hereby consent to binding arbitration in the State of State of Georgia, USA to resolve any disputes arising under this Terms of Use.
Copyright © 2011 by Village Hero, Inc. All Rights Reserved.
