Last Revised: March 06, 2019
These Terms and Conditions govern your use of the MarketHero.io web site
(hereinafter the “Website”). By accessing the Website, you, on behalf of yourself
and your applicable affiliates (hereinafter “Customer” and “you”) are acknowledging
and accepting these Terms and Conditions. These Terms and Conditions are subject to
change by Market Hero Software LLC liability company having offices
in Dallas Texas, USA. (hereinafter “COMPANY”) at any time and at our discretion
without notice. Your use of the Website 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 the Website.
Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF
CLASS ACTION PROVISION.
1. REFUND AND CANCELLATION POLICIES
1.1. Our Clear Action Based Refund Guarantee On All H-Com Purchases:
At H-Com, we stand behind the ability of our courses to get you results when you spend the time studying and implementing what you learn.
Because of this we simply ask that you give the course a fair attempt. Unless otherwise stated on the specific products sales page and order
form all of our products, all H-Com purchases come with a 24 hour no questions asked refund period. To have your refund qualify for this offer
please reach out to our support staff via the intercom widget and request a refund. After 24 hours have passed the programs and services come
with an action based 30 day money back guarantee.
In order to qualify for a refund you must simply do the following within 30 days.
1. Watch and complete all assessments up to week 6 (this means all content and tests prior to the week 6 module).
2. Create a Shopify Store.
3. You must run ads to your Shopify Store; total ad spend must equal at least $100 USD.
4. Ask coaches for help in our Facebook group.
5. Make an honest attempt. This means you put effort in over the 30 day period.
An example of an “honest” attempt would be applying work over a 30 day period and participating in the training.
A dishonest attempt would be waiting till day 29 and then throwing all store together,
clicking through the videos and aimlessly sending ads to your store.
We are extremely lenient on this and as long as you put in some sort of genuine effort
we are more than happy to issue your refund.
We have this guarantee to protect the value of our information and coaching.
It our responsibility to train you and coach you to the best our efforts. It is your responsibility to apply the training and coaching.
If you do not get results after applying, then it is our fault and we will happily refund you instantly.
If you have spent at least 100$ on ads, we will reimburse you 100$ of your ad spend.
If you do not apply the training it is unfortunately your fault.
As long as you intend to use this program and do the bare minimum above you you have
absolutely zero risk.
1.2. On All HeroCONSULTING Accelerator Purchases:
Unless otherwise stated on the specific products sales page and order form all of our products, all HeroCONSULTING purchases come with
a 24 hour no questions asked refund period. To have your refund qualify for this offer please reach out to our support staff via the
intercom widget and request a refund. After 24 hours have passed the programs and services come with an action based 30 day money back
guarantee. If you have purchased your program using a payment plan rather than a single payment option, you must qualify for a refund to
receive a cancellation. The conditions for the action based refund are as follows:
1. The member has watched all videos up to week 4.
2. The member has made a post on Facebook and attempted to connect with sellers.
3. If the member has had trouble the member must consult coaches in the group to solve the issue.
4. The member must make an honest attempt. If our support can clearly see the member has thrown together the above at the last minute
they reserve the right to deny the refund.
Unless stated otherwise on the sales page the above must be completed within 30 days from the date of purchase.
1.3. On All 8x Academy Purchases:
Unless otherwise stated on the specific products sales page and order form all of our products,
all 8x Academy purchases come with a 24 hour no questions asked refund period. To have your refund qualify for this, please
reach out to our support staff via the intercom widget and request a refund. After 24 hours have passed the programs and services
come with an action based 30 day money back guarantee. If you have purchased your program using a payment plan rather than a single payment
option, you must qualify for a refund to receive a cancellation. The conditions for the action based refund are as follows:
1. Videos of week 1 through week 3 have been watched and marked as complete.
2. A stream has been built.
3. The URL for where the opt in is showing has been submitted.
4. Leads have been collected and/or imported.
5. A product has been built.
6. A broadcast has been sent to the leads.
Unless stated otherwise on the sales page the above must be completed within 30 days from the date of purchase.
1.4. On Market Hero Standard Account Purchases:
All accounts come with a 30 day refund guarantee on the FIRST payment. After 30 days the original payment and all payments after are 100% final and non
refundable. These will not be refunded for any circumstance. The member may cancel future charges at any time by removing their credit card in the dashboard
of the software billing area.
1.5. On Market Hero Free Trials:
On activation, a free trial account sign up member will have 14 days to try the software. The member may cancel future charges during this 14 day period by removing
their credit card in the dashboard of the software billing area. After 14 days, the user will be billed at their current subscription rate and billed every 30 days after until canceled.
After the 14 day trial period is over ALL payments are non refundable. This means the initial payment after the 14 days is non refundable after payment is completed
and the membership is activated. Trials are limited to one per customer.
1.6. On VMA Program Purchases:
Unless otherwise stated on the specific products sales page and order form all of our products, all VMA Program purchases come with a 24 hour no questions
asked refund period. To have your refund qualify for this offer please reach out to our support staff via the intercom widget and request a refund. After
24 hours have passed the programs and services come with an action based 30 day money back guarantee. The conditions for the action based refund are as follows:
1. The member has watched all available videos.
2. The member has made at least 5 videos and attempted to apply the lessons learned from the VMA course.
3. The 5 videos have been submitted for review BEFORE the 30 day refund period is over.
1.7 On Hero Sales Academy:
All sales of Hero Sales Academy come with a 90 days no questions asked money back guarantee. After 90 days have passed all payments after are 100%
final and non refundable. These will not be refunded for any circumstance. You may cancel future payments at any time by contacting our support staff.
1.8. On VMA Hero Black Card Program Purchases:
All sales of the Hero BLACK CARD Inner Circle Member Program are 100% final and non-refundable. These will not be refunded under any circumstance.
1.9. On All H-GRAM Purchases:
Unless otherwise stated on the specific products sales page and order form all of our products, all H-GRAM purchases come with a 24 hour no questions
asked refund period. To have your refund qualify for this offer please reach out to our support staff via the intercom widget and request a refund.
After 24 hours have passed the programs and services come with an action based 60 day money back guarantee. If you have purchased your program using
a payment plan rather than a single payment option, you must qualify for a refund to receive a cancellation. The conditions for the action based refund
are as follows:
1. The member has watched all available videos.
2. The member has made posts on Instagram and attempted to connect with audiences.
3. The member has created a landing page for monetization of a product or service.
4. The member must make an honest attempt. If our support can clearly see the member has thrown together the above at the last minute they reserve the
right to deny the refund Unless stated otherwise on the sales page the above must be completed within 60 days from the date of purchase.
1.10. On All Hero Tower Purchases:
Unless otherwise stated on the specific products sales page and order form all of our products, all Hero Tower purchases come with a 24 hour no questions
asked refund period. To have your refund qualify for this offer please reach out to our support staff via the intercom widget and request a refund. After
24 hours have passed the programs and services come with an action based 60 day money back guarantee. If you have purchased your program using a payment
plan rather than a single payment option, you must qualify for a refund to receive a cancellation. The conditions for the action based refund are as follows:
1. The member has watched all available videos.
2. The member has targeted a niche and potential infoproducts, affiliate products, and dropshipping products for their store.
3. The member has created a recurring membership.
4. The member must make an honest attempt. If our support can clearly see the member has thrown together the above at the last minute they reserve the right
to deny the refund Unless stated otherwise on the sales page the above must be completed within 60 days from the date of purchase.
As used in these Terms and Conditions, the following defined terms shall apply:
2.1. Affiliate means, with respect to a party, any entity which directly or
indirectly controls, is controlled by, or is under common control with such party,
where “control” means the power, directly or indirectly, to direct, or to cause the
direction of, the management and policies of an entity, whether through majority
ownership of voting securities or equity interests.
2.2. Customer Content means any files, documents and other information belonging to
Customer or users as uploaded to Customer’s Service account for storage and/or
sharing with third parties, and is not related to COMPANY servicing or accessing
2.3. Effective Date means the earlier of the date (i) Customer submits the initial
Order, or (ii) as stated on the signature block of the Order.
2.4. Order or Services Order means any initial or subsequent ordering document
and/or online request for access to the Services submitted to COMPANY, an authorized
reseller of COMPANY and/or through COMPANY’s product websites.
2.5. Services means the generally available software-as-a-service offerings of
COMPANY (“SaaS Services”), as further described in the Service Descriptions. COMPANY
may update the Services at any time and all Services set forth in the Service
Descriptions may not be available to all Customers. The Services are for
professional/business use only.
2.6. Service Descriptions means the overview and other terms applicable to the
Services, as amended from time to time, and found at Service Descriptions.
2.7. Updates means any corrections, bug fixes, new features or functions added to
the Services, but shall not include any new versions that COMPANY markets and sells
2.8. Use Level means the model by which COMPANY measures, prices and offers the
Service to Customer as set forth on the applicable price list, websites, Order,
and/or Service Description.
3.1. Right To Agree To Terms. You affirm that you are either more than 18 years of
age, or an emancipated minor, and are fully able and competent to enter into the
terms, conditions, obligations, affirmations, representations, and warranties set
forth in these Terms and Conditions, and to abide by and comply with these Terms and
3.2. Right to Use Service. Subject to these Terms and Conditions, COMPANY will
provide the Services set forth in the Order for Customer’s use in accordance with
these Terms and Conditions and applicable Use Levels. COMPANY hereby grants to
Customer a limited, personal, non-exclusive, non-transferable, non-sublicensable
right to use any components as may be required to access and use the Services.
a link to which may be found on the webpage for the applicable service and in the
policy, each of which may be updated from time to time and can be viewed at
www.Market Hero, INC.com. Technical support for the Services is provided as set
forth in the applicable Service Description. Customer agrees to use the Services for
professional or business use. COMPANY reserves the right to Update the Services at
its discretion. Updates to the Services are included in the Fees and Customer agrees
to use the most current version of the Service.
3.3. Limitations on Use. Except to the extent permitted by applicable law, Customer
agrees, on behalf of itself and its users, not to (i) modify, distribute, prepare
derivative works of, reverse engineer, reverse assemble, disassemble, decompile or
attempt to decipher any code relating to the Services and/or COMPANY’s technology;
(ii) knowingly or negligently access or use the Services in a manner that abuses or
disrupts the COMPANY’s networks, security systems, user accounts, or Services of
COMPANY or any third party, or attempt to gain unauthorized access to any of the
above through unauthorized means, (iii) transmit through or post on the Services any
material that is deemed abusive, harassing, obscene, slanderous, fraudulent,
libelous or otherwise objectionable or unlawful; (iv) market, offer to sell, and/or
resell the Services to any unauthorized third party; (v) use the Services in
violation of COMPANY policies, applicable laws, ordinances or regulations; (vi) use
the Services to send unsolicited or unauthorized advertising, junk mail, or spam;
(vii) harvest, collect, or gather information or data regarding other users without
their consent; (viii) transmit through or post on the Services any material that may
infringe the intellectual property rights or other rights of third parties,
including trademark, copyright, data privacy or right of publicity; (ix) transmit or
post on the Services any material that contains software viruses or other harmful or
deleterious computer code, files or programs; (x) use the Services directly or
indirectly for competitive benchmarking or other competitive analysis if Customer is
a direct competitor of the applicable Service; (xi) submit to, or store in the
Services, any Protected Health Information (“PHI”) unless Customer has complied with
the section entitled “Customer Content / Customer Accounts / Conduct” below; or
(xii) make any representations with respect to COMPANY or these Terms and Conditions
(including, without limitation, that COMPANY is a warrantor or co-seller of any of
Customer’s products and/or services). COMPANY shall have sole and exclusive
discretion to determine applicability of the restrictions set forth above and any
3.4. Proprietary Rights. Except for the limited subscription rights granted herein,
Customer has no right, title or interest in or to the COMPANY Marks or Services or
any components provided by COMPANY in connection with the Services or any
intellectual property rights related thereto. Customer acknowledges that COMPANY or
its licensors retain all proprietary right, title and interest in and to, or
practiced in connection with, the COMPANY Marks and the Services and any components,
including, without limitation, all modifications, enhancements, derivative works,
configuration, translations, upgrades and interfaces thereto.
3.5. COMPANY’s Marks. Unless expressly authorized under the terms of this Agreement,
Customer agrees that it shall not use, register or apply for registration of any
trademark, service mark, business name, company/trade name, domain name or social
media account name or handle which is comprised of or incorporates in whole or in
part any Mark of COMPANY, or is otherwise confusingly similar to a Mark of COMPANY.
In the event of any breach of this provision, Customer agrees that it will do all
things necessary to effect the transfer of any such same or similar trademark,
service mark, business name, company/trade name, domain name or social media account
name or handle to COMPANY, including but not limited to executing assignment
documentation. Except as expressly granted herein, no license regarding the use of
COMPANY’s copyrights, patents, trademarks, service marks or company/trade names is
granted or will be implied. For any authorized use of the COMPANY’s Marks, Customer
represents that it has reviewed and will adhere to COMPANY’s Trademark & Copyright
Guidelines, and incorporated herein by reference and as may be periodically updated
by COMPANY. As noted above, reproduction, copying, or redistribution for commercial
purposes of any materials or design elements on the Website is strictly prohibited
without the express written permission of COMPANY. For information on requesting
such permission, please contact us using the contact information listed in the
section entitled “Contacting Us”.
4. ORDERS, FEES AND PAYMENT
4.1. Orders. Customer may order Services using the COMPANY’s then-current ordering
processes. All Orders are subject to acceptance by COMPANY in its discretion. All
Customer information provided by or on behalf of Customer must be current, complete
and accurate and Customer is responsible for keeping such information updated. Order
information is subject to automatic processing by COMPANY for the purposes of
managing Customer’s account.
4.2. Fees and Payment. Customer is responsible for all fees applicable to the
Services, including any one-time implementation fees (“Fees”). All Fees are due and
payable as set forth on the invoice and, unless otherwise agreed in writing,
payments are due thirty (30) days from the invoice date. Customer agrees to notify
COMPANY of any fee dispute within fifteen (15) days of the invoice date and Customer
agrees to work in good faith to promptly resolve any dispute and pay fees within
fifteen (15) days following resolution of the dispute. When applicable, Customer
authorizes COMPANY (i) to take steps to determine whether a debit/credit card number
provided is valid, and (ii) charge such card in accordance with the billing
frequency specified in the Order. COMPANY reserves the right to terminate its
agreement with Customer immediately in the event any payment information is found at
any time to be inaccurate, incomplete and/or not current. COMPANY shall not be
responsible for any overdraft charges or other fees that may be incurred due to
COMPANY use of Customer’s card for payment hereunder. COMPANY will not agree to
submit invoices via a customer procurement to pay online portal and/or Electronic
Data Interchange (EDI) Portals. COMPANY reserves the right to update the price for
Services at any time after the Initial Term. COMPANY will notify Customer of any
price changes by publishing on its website, emailing, quoting or invoicing Customer.
Price changes will be effective as of the next billing cycle.
4.3. Additional Services. Customer may order additional Services at any time. Unless
otherwise agreed in the applicable Order, any additional Services ordered by
Customer following the Effective Date are subject to these Terms and Conditions, and
shall be coterminous with the Terms and Conditions for existing Services.
4.4. Late Payments. COMPANY reserves the right, in its discretion, to (i) suspend or
terminate the Services or any portion thereof for non-payment of undisputed Fees,
and (ii) impose a charge to restore archived data from delinquent accounts. Customer
agrees to reimburse COMPANY for all reasonable costs and expenses incurred in
collecting delinquent amounts.
4.5. Taxes and Withholding. Customer shall be responsible for all applicable taxes
(including but not limited to withholding tax, sales tax, services tax, value-added
tax (VAT), goods and services tax (GST), tariffs, Universal Services Fund (USF) fees
(if applicable to the Audio Services only) and/or duties) (collectively, “Taxes”)
imposed by any government entity or collecting agency based on the Services, except
those Taxes based on COMPANY net income, and/or those Taxes for which Customer has
provided a certificate confirming Customer is otherwise exempt. If Customer fails to
satisfy its Tax obligations herein, Customer agrees to reimburse COMPANY for any
Taxes paid on Customer’s behalf and indemnify and hold COMPANY harmless against any
claim, liability and/or penalties resulting therefrom.
5. CUSTOMER CONTENT / CUSTOMER ACCOUNTS / CONDUCT
5.1. Customer Content. Customer retains all rights to any and all of its Customer
Content and COMPANY shall not own or license any data, content, information or
material in such Customer Content. Each party shall apply reasonable technical,
organizational and administrative security measures to keep Customer Content
protected in accordance with industry standards, and Customer shall retain a current
copy of Customer Content outside the Services. COMPANY will not monitor Customer’s
or its user’s use of the Services, and COMPANY will not view, access or process any
Customer Content, except: (i) for the sole purpose of providing the Services, (ii)
as directed or instructed by Customer and its users, and/or (iii) for compliance
with COMPANY policies, applicable law, regulation, or governmental request. Customer
shall comply with all intellectual property laws related to the Customer Content and
legal duties applicable to Customer as a data controller by virtue of the submission
or storage of Customer Content within the Services, including providing all
information or notices Customer is required by law to provide to users and obtain
consent of the users, where required.
5.2. Customer Accounts. Customer is solely responsible for (i) the configuration of
Customer’s Services account, (ii) the operation, performance and security of
Customer’s equipment, networks and other computing resources used to connect to the
Services, (iii) ensuring all users exit or log off from the Services at the end of
each session, (iv) maintaining the confidentiality of Customer’s accounts, user
id’s, conference codes, passwords and personal identification numbers used in
conjunction with the Services, and (v) all uses of the Services by Customer and its
users. COMPANY reserves the right to suspend the Services or terminate its agreement
with Customer if Customer misuses or otherwise shares login information among users.
Customer will notify COMPANY immediately of any unauthorized use of its account or
any other breach of security. COMPANY will not be liable for any loss that Customer
may incur as a result of a third party using its password or account, and Customer
may be held liable for any such losses incurred by COMPANY and/or another party.
COMPANY reserves the right to review Customer’s account to confirm compliance with
applicable Use Levels, and to terminate or suspend Customer’s access for overuse
and/or misuse. Customer agrees to pay for any overage in excess of permitted Use
5.3. We reserve the right to discontinue or modify without notice or liability, any
portion of the Website.
5.4. You affirm, represent, and warrant that your participation on the Website and
the content you submit does not relate to pornography, illegal activities of any
kind, occult, hate, or racism. You also represent and warrant that content you
submit does not violate the intellectual property rights of third parties. COMPANY
reserves the right to make the final decision regarding what is appropriate. COMPANY
further reserves the right to remove content or terminate your account without prior
notice for a violation of this provision.
5.5. You understand and agree to not place an unreasonable burden on the server
hosting the Website, Services, or any related membership site, to not interfere with
the running of the Website and to not attempt unauthorized access to any portion of
5.6. You understand and agree not to provide false information about yourself, to
impersonate another individual or provide misleading or false content.
5.7. You agree that any ideas, suggestions, or improvements that you provide to
COMPANY about COMPANY’s products or services shall be owned by COMPANY and that
COMPANY is free to include such ideas in future products without compensation to
hereby incorporated by reference as part of these Terms and Conditions.
7. THIRD PARTY REFERENCES / HYPERLINKS
The Website 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.
8. CONTACTING US
If you need to contact us, you can email us at <firstname.lastname@example.org> or call us at
9. COMPLIANCE WITH LAWS
In connection with the performance, access and use of the Services under these Terms
and Conditions, COMPANY and Customer agrees to comply with all applicable laws,
rules and regulations including, but not limited to, export and import, data
protection, and privacy laws and regulations. Specifically, Customer shall provide
the relevant persons and/or participants with all information or notices Customer is
required by applicable privacy and data protection laws to provide and, if
necessary, obtain the consent of or provide choices to such persons and/or
participants as required. Notwithstanding any other provision in these Terms and
Conditions, COMPANY shall have the right to immediately terminate its agreement with
Customer for noncompliance with applicable laws.
10. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE WEBSITE (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
THE WEBSITE 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 THE WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS
MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY
OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO
THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding,
the maximum liability of COMPANY to any person, firm or corporation whatsoever
arising out of or in the connection with any license, use or other employment of any
Content delivered to You hereunder, whether such liability arises from any claim
based on breach or repudiation of contract, warranty, tort or otherwise, shall in no
case exceed the actual price paid to COMPANY by You for the Content whose license,
use, or other employment gives rise to the liability. The essential purpose of this
provision is to limit the potential liability of COMPANY arising out of this
Agreement. The parties acknowledge that the limitations set forth in this section
are integral to the amount of consideration levied in connection with the Website
and any services rendered hereunder and that, were COMPANY to assume any further
liability other than as set forth herein, such consideration would of necessity be
set substantially higher.
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 the Website or Services.
13. ADDITIONAL TERMS
13.1. Services Trial. COMPANY may make the Services available to Customer on a trial
basis or offer promotional versions of the Services for a limited period of time
(“Trial Period”), as specified on the applicable Order. The Trial Period shall
terminate (i) at the end of the stated Trial Period, or (ii) if no such date is
specified, thirty (30) days from the date of Customer’s initial access to the
Services. Following expiration of the Trial Period, the Services may automatically
continue unless cancelled by Customer, and Customer is responsible for payment of
the applicable Fees set forth in the Order. During the Trial Period, COMPANY
provides the Services “AS IS” and without warranty or indemnity, to the extent
permitted by law, and all other terms of these Terms and Conditions otherwise apply.
COMPANY reserves the right to modify or discontinue any trials or promotions at any
time without notice.
13.2. Copyright. In the event Customer believes that the Services have been used in
a manner that constitutes copyright infringement, Customer shall notify COMPANY at
Support@MarketHero.io, and provide all of the following information, as required by
the Digital Millennium Copyright Act ("DMCA"): (i) a statement that Customer has
identified content in the Services that infringes a copyright of a third party for
whom Customer is authorized to act; (ii) a description of the copyrighted work
Customer claims has been infringed; (iii) a specific description of where the
allegedly infringing material is located in the Services, including a URL or exact
description of the content's location; (iv) Customer’s name, address, telephone
number, and e-mail address; (v) a statement that Customer has a good faith belief
that the disputed use of the copyrighted material is not authorized by the copyright
owner, its agent, or the law (e.g., as a fair use); (vi) a statement that, under
penalty of perjury, the information in Customer’s notice is accurate and that
Customer is authorized to act on behalf of the owner of the exclusive right that is
allegedly infringed; and(vii) Customer’s electronic or scanned physical signature.
COMPANY reserves the right to delete or disable allegedly infringing content, to
terminate the accounts of users who are repeat infringers, and to forward the
information in the copyright-infringement notice to the user who allegedly provided
the infringing content.
13.3. Cookies. By using the Services or websites, Customer agrees to the use of
cookies which COMPANY uses to facilitate use of the Services and the Website.
COMPANY does not store passwords or any other Customer personal information in the
cookies, and COMPANY does not sell, trade or rent any Customer personal information
13.4. Suspension of Service. COMPANY may temporarily suspend the Services if COMPANY
determines, in its sole discretion, that continued provision would compromise the
security of the Services due to, without limitation, hacking attempts, denial of
service attacks, mail bombs or other malicious activities, and COMPANY will take
action to promptly resolve any such security issues. COMPANY agrees to notify
Customer of any such suspension and subsequent reactivation of the Services.
13.5. Assignment. Neither party may assign its rights or delegate its duties under
these Terms and Conditions either in whole or in part without the other party’s
prior written consent, which shall not be unreasonably withheld, except that either
party may assign these Terms and Conditions as part of a corporate reorganization,
consolidation, merger, or sale of all or substantially all of its assets. Any
attempted assignment without such consent shall be void. These Terms and Conditions
will bind and inure to the benefit of each party’s successors or assigns.
13.6. Notices. All legal notices required under these Terms and Conditions shall be
in writing and delivered in person or by certified or registered express mail to the
address last designated on the account for Customer, and the COMPANY contracting
entity as specified below, or such other address as either party may specify by
notice to the other party as provided herein. Notice shall be deemed given (i) upon
personal delivery; (ii) if delivered by air courier or email, upon confirmation of
receipt; or (iii)five (5) days after deposit in the mail. Non-legal notices may be
provided to the email address specified on the applicable Order and shall be deemed
effective on the next business day following the date and time stamp on the sender’s
email. COMPANY may also provide Customer with notice postings on the COMPANY
13.7. Entire Agreement; Order of Precedence. These Terms and Conditions set forth
the entire agreement and understanding of the parties relating to the Services and
supersedes all prior and contemporaneous oral and written agreements. For any
conflict between an executed Order, these Terms and Conditions and the Service
Descriptions, the conflict shall be resolved in that order, but only for the
specific Services described in the applicable Order. For any conflict between these
Terms and Conditions and any BAA, these Terms and Conditions shall control. Nothing
contained in any document submitted by Customer shall in any way add to or otherwise
modify these Terms and Conditions or COMPANY’s program terms. These Terms and
Conditions may be updated by COMPANY from time to time without notice (but will be
identified by the last updated date) and may be reviewed at Terms of Service.
Customer’s continued access to and use of the Service constitutes acceptance of the
then-current Terms and Conditions.
13.8. General Terms. Captions and headings are used herein for convenience only, are
not a part of these Terms and Conditions, and shall not be used in interpreting or
construing these Terms and Conditions. If any provision of these Terms and
Conditions is declared by a court of competent jurisdiction to be invalid, illegal,
or unenforceable, such provision shall be severed from these Terms and Conditions
and the other provisions shall remain in full force and effect. The parties are
independent contractors and nothing in these Terms and Conditions creates a
partnership, franchise, joint venture, agency, fiduciary or employment relationship
between or among the parties. No person or entity not a party to these Terms and
Conditions will be deemed to be a third party beneficiary of these Terms and
Conditions or any provision hereof. COMPANY authorized resellers and distributors do
not have the right to make modifications to these Terms and Conditions or to make
any additional representations, commitments, or warranties binding on COMPANY. No
waiver or amendment of any term or condition of these Terms and Conditions shall be
valid or binding on any party unless agreed to in writing by COMPANY or Customer.
COMPANY failure to enforce any term of these Terms and Conditions will not be
construed as a waiver of the right to enforce any such terms in the future. Unless
otherwise specified, remedies are cumulative. These Terms and Conditions may be
agreed to online, or executed by electronic signature and in one or more
counterparts. No party will be responsible for any delay, interruption or other
failure to perform under these Terms and Conditions due to force majeure events and
acts beyond a party’s reasonable control, but only for so long as such conditions
persist. Force majeure events may include: natural disasters; wars; terrorist
activities, activities of local exchange carriers, telephone carriers, wireless
carriers, and Internet service providers, labor disputes; and acts of government.
14. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire agreement
between you and COMPANY with respect to the Website and supersedes all prior or
contemporaneous communications between you and COMPANY with respect to the Website.
If any part of these Terms and Conditions 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.
15. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the
laws of the State of Texas. You hereby consent to binding arbitration in the State
of Texas to resolve any disputes arising under this Terms and Conditions.
16. ARBITRATION OF DISPUTES
(a) The parties agree that any dispute or claim in law or equity arising between
them regarding the use of the Website or these Terms and Conditions, including any
dispute regarding the enforceability or applicability of this arbitration provision,
shall be decided by neutral, binding arbitration conducted in Dallas County, Texas.
The arbitrator shall be a retired judge, justice, or an attorney with at least ten
(10) years of legal experience relating to the subject matter of this Agreement,
unless the parties mutually agree otherwise, who shall render an award in accordance
with the substantive laws of Dallas County, Texas. In all other respects, the
arbitration shall be conducted in accordance with the rules and procedures of the
American Arbitration Association, subject to the parties being allowed limited
discovery. Judgment upon the award of the arbitrator(s) may be entered in any court
NOTICE: BY USING THE WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE
MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL
ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE
LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO
DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE
“ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER
AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A
COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO
NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THE WEBSITE.
17. CLASS ACTION WAIVER
ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THE WEBSITE OR
THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU
NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN
COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A
PRIVATE ATTORNEY GENERAL CAPACITY.
18. ATTORNEYS’ FEES
In any dispute, action, proceeding, or arbitration regarding the use of the Website
or these Terms and Conditions, including the enforcement of any arbitration
provision herein, the party prevailing in such action or proceeding shall be
entitled to recover, in addition to any other award of damages or other remedies,
its reasonable attorneys’ and experts’ fees, costs and expenses (including, without
limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs
and expenses upon appeal).
19. PRIZES AND GIVEAWAYS
19.1 For any and all T-Shirt Offers made by Alex or a Market Hero employee, associate, affiliate, or JV there will be a strict one per customer policy which is only redeemable after a trial account has been created. Trials are limited to one per customer. If a trial account has already been created for that customer then they are not eligible for an additional free t-shirt.
19.2 For any and all Laptop giveaways made by Alex or a Market Hero employee, associate,
affiliate, or JV there will be a strict one per customer policy; the estimated total of any
laptop giveaway, after shipping, must not exceed 600$. To be eligible, the customer must
qualify under the following conditions:
1. The customer must be 18 or older
2. The customer must be located in North America
3. The customer must provide accurate address information within 14 days of winning a giveaway
19.3 For any and all prizes and giveaways, if a customer would otherwise win an additional
copy of an item restricted to one per customer, the customer will instead be offered a course for compensation.