| Acceptance of Terms of Service |
AreYouMyHero.com, an AYMH, LLC Product, is provided free of charge to registered users (each, a "User") under these Terms of Use. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "submit" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. These Terms of Use form independent agreements between User and AYMH, LLC ("AYMH"). The Parties shall be liable to other for any breach of these Terms of Use by the other, and User agrees that User's sole recourse in case of such breach shall be against the breaching party. Registration Information User agrees that AYMH may disclose to third parties certain aggregate information contained in Users' registration applications. AYMH will not disclose any individual User's name, address, email address or telephone number without such User's prior written consent, except as provided in AYMH’s Privacy Statement, or to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. AYMH reserves the right to terminate any User's account if AYMH learns that such User has provided AYMH with false or misleading registration information. Modifications of these Terms of Service AYMH may modify these Terms of Service from time to time in its sole discretion. AYMH will attempt to provide Users with reasonable notice of any such changes, and continued use of AYMH’s Web Sites and products will be conditioned upon each User's affirmative acceptance of any such changes. Modifications of AYMH Web Sites and Products AYMH may modify or discontinue AYMH’s Web Sites, Products or User's accounts with or without notice without liability to any User or third party. Member Conduct You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through AYMH’s Web Sites or Products. By way of example, and not as a limitation, you agree not to:
Contents of Messages AYMH does not, and cannot, monitor, censor or edit the contents of Users' messages. Users alone are responsible for the contents of their messages and the consequences of any such messages. User agrees that it will not use AYMH for chain letters, junk mail, "spamming", solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. User further agrees not to use AYMH to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. AYMH reserves the right to terminate User's account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines. It is AYMH's policy to respect the privacy of its Users. Rights to the Information All information, reports, studies, writings, diagrams and other tangible or intangible material of any nature whatsoever produced by or as a result of using AreYouMyHero.com and all copies of any of the foregoing shall be the sole and exclusive property of AYMH, it being intended that such material shall be deemed works made for hire, of which AYMH shall be deemed the author. Account and Password User is responsible for maintaining the confidentiality of its account name, number, and password. User shall be responsible for all uses of its account, whether or not authorized by User. User agrees to immediately notify AYMH of any unauthorized use of its account. Disclaimer of Warranties USER EXPRESSLY AGREES THAT USE OF AYMH’S PRODUCTS IS AT USER'S SOLE RISK. AYMH WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AYMH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AYMH DOES NOT MAKE ANY WARRANTY THAT AYMH’S PRODUCTS WILL MEET USER'S REQUIREMENTS, OR THAT AYMH SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES AYMH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AYMH OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH AYMH. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF AYMH’S PRODUCTS IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. AYMH DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH AYMH OR ANY TRANSACTIONS ENTERED INTO THROUGH AYMH. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER THROUGH AYMH SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Limitation of Liability AYMH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE AYMH’S PRODUCTS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH AYMH’S PRODUCTS OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF AYMH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Promotional Messages AYMH and/or third parties may, from time to time, send email messages to Users containing advertisements, promotions, etc. Such email messages will be sent to mailbox(es) as submitted by User upon sign up. AYMH does not make any representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and User agrees that AYMH shall not have any liability with respect thereto. Indemnification User agrees to indemnify and hold each of AYMH, their subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's, or any other user of User's account, use of AYMH, or for the violation of these Terms of Service by User, or any other user of User's account, or the infringement by User, or any other user of User's account, of any intellectual property or other rights of any person or entity. Applicable Law This Agreement shall be governed by the laws of the State of Maryland without regard to choice of law rules. The parties hereby consent to the exclusive jurisdiction and venue of the courts of the State of Maryland or to any Federal Court located within the State of Maryland. Entire Agreement This Agreement contains the entire agreement of the parties. There are no other promises or conditions on any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreement between the parties. Severability If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. |