PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING Heroic Business Solutions, LLC a/k/a PrestaHeroes.com(THE “SERVICE”).
By checking the box “I have read and agree to the terms and conditions” you expressly acknowledge and agree, on your own behalf as an individual, and on behalf of your employer or another entity which has not yet done so (collectively “You” or “Your”), that You are entering into a binding legal agreement with Heroic Business Solutions, LLC a/k/a (“PrestaHeroes.com”), are over 18 years of age, have full authority to bind such employer or other entity, and have understood and agree to comply with the terms below (“Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
- Content Entry. The Service includes a Content Management System. “Content” means any information that You may generate, provide, store, post, transmit or upload in connection with the Service, such as data files, written text, software, music, graphics, stylized logos, photographs, images, sounds, videos, messages and similar materials. As between PrestaHeroes.com and You, You retain title to Content. You agree that You shall not include Content that is or gives rise to, and PrestaHeroes.com may (but is not required to) refuse or remove Content that it determines in its sole discretion to be, (a) unlawful, offensive, threatening, harmful, libelous, defamatory, pornographic, gambling-related, obscene, racist, infringing or otherwise objectionable; (b) not wholly-owned by or validly licensed to You; (c) a violation of a third party’s intellectual property rights; (d) a breach of these Terms; and/or (e) a violation of the terms and conditions, as modified from time to time, of PrestaHeroes.com’s vendors who provide products, services, and other resources to enable the Service (“Third-Party Vendor”). Content must include Your name and address, and Your contact information (telephone number, email address) to which user questions, complaints or claims should be directed.
- Submission. Once You submit required Content to PrestaHeroes.com, You (a) authorize and appoint PrestaHeroes.com to integrate the Content with its proprietary solution to create an ecommerce website (“Site”); (b) will provide PrestaHeroes.com with all information including modified Content that it requests in connection with such integration; (c) grant PrestaHeroes.com the right to distribute or otherwise make the Site available in its sole discretion and acknowledge that PrestaHeroes.com may at any time cease to offer, or change or enforce terms that govern, and could require modification or affect the continued availability of, the Site.
- AUP. You acknowledge that You are familiar, and will at all times comply and cause users to comply, with any applicable PrestaHeroes.com acceptable use policy and any terms and conditions of Third-Party Vendors as may be applicable to the Site, which PrestaHeroes.com will make available to You upon request.
- Site and Content. You (and not PrestaHeroes.com or a Third-Party Vendor) are solely responsible for the Site and Content, including but not limited to product warranties, product claims, maintenance and support services, other third-party claims including but not limited to those related to infringement of a party’s intellectual property rights, compliance with any applicable law or regulation including but not limited to those relating to privacy and data collection, and ensuring that users are neither restricted parties according to any U.S. government list nor located in a country that is subject to a U.S. Government embargo or “terrorist supporting” designation. For a claim related to any of the aforementioned, You (and not PrestaHeroes.com or a Third-Party Vendor) will be solely responsible for its investigation, defense, settlement, and discharge.
- Other Requirements. You acknowledge and agree that (a) information transmitted or gathered in connection with the Service or the Site may be used in an aggregated and anonymized manner; (b) Third-Party Vendors and their affiliates are third party beneficiaries of these Terms, and that such entities will have (and be deemed to have accepted) the right to enforce them against You; (c) as between You and PrestaHeroes.com, You are solely responsible for any errors, issues, or downtime caused by or attributable to Your (or Your agents) customization of the Site; (d) by virtue of their ability to access the Site, users may be subject to terms and conditions similar to these Terms; (e) Your Site or other terms, if any, generally binding users, shall incorporate and adapt (to as great an extent as possible), and be at least as restrictive and protective of PrestaHeroes.com and Third-Party Vendors, as each of the provisions identified in this Section 5, and each of PrestaHeroes.com and Third-Party Vendors and their affiliates shall be third-party beneficiaries to such terms, which shall indicate that such entities will have (and be deemed to have accepted) the right to enforce them against users; and (f) You shall not include, modify, or apply any terms, limitations, or disclaimers in any agreements with users that contradict or supersede either these Terms or any minimum user terms that PrestaHeroes.com incorporates as part of the Site.
- eCommerce Site Usage. You acknowledge and agree to use the Service solely for the purpose of running an ecommerce website or mobile application and hosting and serving web pages as viewed through a web browser and the Hypertext Markup Language (HTML) protocol or other equivalent technology, and not to use the Service as an online storage space or inconsistent with Your data plan. You are solely responsible for backing-up and archiving any of Your Content or other data that may be stored on PrestaHeroes.com’s (or its third party service provider’s) servers. Under no circumstances willPrestaHeroes.com be liable for damages of any kind for any loss of Your Content or data.
- Security. You are solely responsible for maintaining the confidentiality of Your password and account information and ensuring the security, confidentiality and integrity of Content that is transmitted through or stored on PrestaHeroes.com’s (or its third party service provider’s) servers.
- Support. For such time as You are current in your payment of any fees hereunder, PrestaHeroes.com or its authorized representative will use commercially reasonable efforts to provide the support.
- Title and Protection. Except as expressly set forth herein, PrestaHeroes.com (or its third party providers) retain all right, title, and interest to all portions of the Service, associated software, and any modifications, enhancements, or derivative works thereof.
- Fees and Payments.
10.1 The provision of the Service and availability of the Site, and Your use thereof, is subject to Your timely payment of applicable set-up fees, monthly or annual subscription fees (beginning once the Service password is provided).
10.2 Upon payment of the applicable fees, You will receive an activation password which will remain valid subject to Your payment when due of the applicable subscription fee. You agree to keep the activation password secure and will not disclose it to any third party.
10.3 PrestaHeroes.com reserves the right to impose or change fees immediately by so posting on the PrestaHeroes.com website at www.PrestaHeroes.com.
10.4 You acknowledge that You will be charged an additional fee if You exceed the bandwidth or storage capacity of Your plan level.
10.5 Fees are not refundable, including in the event of You choosing to downgrade Your plan level, and are exclusive of all taxes, levies, or duties, which are Your responsibility.
10.6 PrestaHeroes.com will charge applicable fees to the credit card account that You authorize, and PrestaHeroes.com will continue to charge that card (or any replacement card) for Your subscription including renewals. If You continue to receive the Service but, for some reason, payment is not received from Your card issuer, You agree to promptly pay all amounts due upon demand.
11. Free Trial Period. PrestaHeroes.com currently offers a free, no-obligations thirty (30) day trial period of the Service (“Trial Period”. Please note, this excludes Modules). You acknowledge that the Trial Period will commence the moment you complete the registration process and will conclude thirty (30) days later, or sooner if (a) You upgrade Your account by beginning to pay the applicable subscription fees, or (b) Your use of the Service is discontinued or terminated in accordance with Section 12.1. You acknowledge and agree that during the Trial Period, PrestaHeroes.com (i) does not make any commitments in connection with the Service or offer support services; and (ii) may send You, subject to Your opting out, communications and other notices about the Service to Your email address. PrestaHeroes.com reserves the right to modify, cancel and/or limit this Trial Period offer at any time.
12.1 You may discontinue Your use of the Service at any time by sending an email message to support@PrestaHeroes.com . PrestaHeroes.com may terminate or suspend Your use of the Service at any time if You breach these Terms (including any failure to pay the applicable fees on time). PrestaHeroes.com reserves the right to terminate or refuse service to anyone for any reason at any time.
12.2 Upon any discontinuation or termination of Your use of the Service, You will lose all access to the Service and Site and any Content and other data in connection thereto. PrestaHeroes.com reserves the right to (a) deactivate the Site at any time following the effective date of termination; and/or (b) permanently delete from its (or its third party service provider’s) servers any Content and other data that may be contained in Your account at any time following a period of forty-five (45) days from the effective date of termination. PrestaHeroes.com does not accept any liability for any deactivation of the Site or deleted Content or other data.
12.3 The provisions of sections 3 to 5, 9, 12 to 15 and 19 shall survive termination.
13. Indemnity. You agree to defend, indemnify and hold harmless PrestaHeroes.com and its affiliates and their respective officers, directors, agents, consultants and employees from any claims, damages, liabilities, costs, and expenses (as incurred, including attorney’s fees) arising from (a) Your use of the Service or the Site; (b) the use by any third party of the Site; and (c) Your failure to comply with these Terms.
14. Warranty. Except for as expressly set forth herein, the Service is provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. You assume all responsibility for the selection of the Service to achieve Your intended results. PrestaHeroes.com HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PrestaHeroes.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. PrestaHeroes.com DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING THE RESULTS OR THE USE OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, RISK OF INJURY TO YOUR OR ANY USER’S COMPUTER, NETWORK, MARKET, OR CUSTOMER BASE OR COMMERCIAL ADVANTAGE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
15. Limitation of Liability. Except to the extent prohibited by applicable law, in no event shall PrestaHeroes.com or Third-Party Vendor, or their affiliates, subsidiaries, or third party licensors, be liable for any damages whatsoever (including without limitation, consequential, indirect, special, punitive, or incidental damages, or damages for loss of business profits, business interruption, loss or corruption of data, or other pecuniary loss) arising out of the use or inability to use the Service, even if PrestaHeroes.com has been advised of the possibility of such damages. Except to the extent prohibited by applicable law, in no event shall the liability of PrestaHeroes.com, its affiliates, subsidiaries, and its third party licensors, if any, for damages under these Terms or arising from use of the Service exceed the amount paid by You to PrestaHeroes.com for the Service in the six (6) months immediately preceding the claim.
16. Publicity and Branding. You agree that PrestaHeroes.com may (a) publicize Your name, the fact of the Site and Your use of the Service; and (b) brand the Site with a “powered by PrestaHeroes.com” or similar legend and/or copyright notice.
17. Force Majeure. PrestaHeroes.com shall not be responsible for failures of its obligations under this Agreement to the extent that such failure is due to causes beyond its control including, but not limited to, acts of God, acts of war, governmental acts, fire, sabotage, strikes, failure of the Internet (not resulting from the actions or inactions of PrestaHeroes.com), strikes or labor difficulties, severe weather conditions, and/or delay in, or of, transportation, suppliers or subcontractors. If the Service is unavailable for a period of thirty (30) days consecutive days as a result of a continuing force major event, you may cancel your subscription to the Service, but there shall be no liability on the part of PrestaHeroes.com.
19. General. These Terms represent the complete agreement concerning the Service between You and PrestaHeroes.com and supersede all prior agreements and representations related to the subject matter hereof. All proceedings shall be conducted in English. You agree that venue for all proceedings shall be Kansas City, Missouri, USA, provided that venue shall also be proper in any court of competent jurisdiction where PrestaHeroes.com seeks (a) injunctive relief against you to enforce the Terms; and/or (b) to join You in a suit brought by a third party related to the Service or the Site. The United Nations Convention for the International Sale of Goods shall not apply. Section headings are provided for convenience only and have no substantive effect on construction. Except for Your obligation to pay PrestaHeroes.com, neither party shall be liable for any failure to perform due to causes beyond its reasonable control. Notice shall be deemed effective when received by the designated fax, email, or postal address. If any provision is held to be unenforceable, the Terms shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.
20. Modifications. PrestaHeroes.com reserves the right to modify these Terms at any time by publishing the revised terms on the PrestaHeroes.com website at www.PrestaHeroes.com. The revised Terms shall become effective within ten (10) days thereof.