Terms of Use Agreement ("Agreement") is between you and HomeOfHeroes.com,
Inc. ("HomeOfHeroes.com") with a principal place of business at 3111 Thatcher,
Pueblo, Colorado. Access to and use of the HomeOfHeroes.com Internet Web site, including
all of its individual URL pages and services, (the "HomeOfHeroes.com Web Site")
signifies your agreement to these terms, conditions and notices, without modification, and
your use is expressly conditioned on your acceptance, without modification, of these
terms, conditions, and notices as set forth below in this Agreement. Please review the
following terms carefully. If you do not agree to these terms, you should not view
information or obtain goods or products from the HomeOfHeroes.com Web Site.
In consideration of your access and use of the HomeOfHeroes.com Web Site, you covenant
and agree as follows:
- YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU ACCEPT THE TERMS THEREOF.
If you do not agree to the terms and conditions of this Agreement, you may not access or
otherwise use the HomeOfHeroes.com Web Site.
- In accordance with the HomeOfHeroes.com Privacy Policy, we
may monitor your use of the HomeOfHeroes.com Web Site and may use and disclose information
and materials received from you or collected through your use of the HomeOfHeroes.com Web
Site. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
- HomeOfHeroes.com reserves the right, at its sole discretion, to change, modify, add, or
remove any portion of this Agreement, in whole or in part, at any time. Notification of
changes in the Agreement will be posted on the HomeOfHeroes.com Web Site, and you should
review this Agreement prior to using the HomeOfHeroes.com Web Site.
- The content, organization, graphics, design, compilation, magnetic translation, digital
conversion, and other matters related to the HomeOfHeroes.com Web Site are protected under
applicable copyrights, trademarks, and other proprietary (including but not limited to
intellectual property) rights as a collective work and/or compilation, pursuant to U.S.
copyright laws, international conventions, and other copyright laws. The name
HomeOfHeroes.com, the HomeOfHeroes.com logos are, inter alia, trademarks and/or property
of HomeOfHeroes.com, Inc. which may be registered in certain jurisdictions. The contents,
and every part thereof, of the HomeOfHeroes.com Web Site are only for your personal,
non-commercial use. You do not acquire ownership rights to any content, document, or other
materials viewed through the HomeOfHeroes.com Web Site. The posting of information or
materials on the HomeOfHeroes.com Web Site does not constitute a waiver of any right in
such information and materials. You will abide by any and all additional copyright
notices, information, or restrictions contained in any content on the HomeOfHeroes.com Web
Site. Unless otherwise prohibited from doing so, you may download and make one (1) copy of
the content and other downloadable items displayed on the HomeOfHeroes.com Web Site for
your personal, noncommercial use only, provided that you maintain all copyright and other
notices contained in such content. Any copying, republication, or redistribution of
HomeOfHeroes.com content, including by caching, framing, or similar means, is expressly
prohibited without the prior written consent of HomeOfHeroes.com and/or the respective
intellectual property rights holder identified in the subject content.
- HomeOfHeroes.com respects the intellectual property of others and expects users of the
HomeOfHeroes.com Site to do the same. At our discretion and in appropriate circumstances,
HomeOfHeroes.com may terminate the accounts of users and/or prevent access to the
HomeOfHeroes.com Site by users who infringe upon the intellectual property rights of
others.
To file a notice of infringement with us, you need to fulfill the requirements specified
in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can
be found at the U.S. Copyright Office web site: http://www.loc.gov/copyright
- You represent, warrant, and covenant that: (a) you are at least eighteen (18) years old
or you are at least fourteen (14) years old and are using the HomeOfHeroes.com Web Site
under the active supervision of a responsible adult over the age of eighteen (18), and (b)
you shall not upload, email, post or transmit to, or distribute or otherwise publish
through the HomeOfHeroes.com Web Site any materials which (i) restrict or inhibit any
other user from using and enjoying the HomeOfHeroes.com Web Site, (ii) are unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic,
profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would
constitute a criminal offense, potentially give rise to civil liability (including claims
of defamation and/or libel), or otherwise violate the law, (iv) violate, plagiarize, or
infringe the rights of third parties including, without limitation, copyright, trademark,
patent, rights of privacy or publicity, or any other proprietary right, (v) contain a
virus, worm, Trojan horse, or other harmful component, (vi) contain any information,
software, or other material of a commercial nature, (vii) contain advertising of any kind,
or (viii) constitute or contain false or misleading indication of origin or statement of
fact. Rooms determined by HomeOfHeroes.com to have been created for the purpose of
exchanging or swapping images, music, or other protected intellectual property are not
allowed. You acknowledge that you will not impersonate someone else, including a Medal of
Honor recipient, nor use deceptive nicknames that would lead people to believe you are a
person, entity, or rank that you are not. Stalking of others, in our chat rooms or in
another manner, is a serious offense. Such behavior may be considered a criminal act. We
reserve the right to release information to the proper authorities, as a result of a
violation of our standards, or unlawful acts, if the information is subpoenaed, and/or if
we deem it necessary and/or appropriate.
- HomeOfHeroes.com may change, suspend, or discontinue any aspect of the HomeOfHeroes.com
Web Site at any time, including the availability of any HomeOfHeroes.com Web Site feature,
database, or content. HomeOfHeroes.com may also immediately, without prior notice, issue a
warning, temporarily suspend, indefinitely suspend, or terminate your use and refuse to
provide access to or use of the HomeOfHeroes.com Web Site to you at HomeOfHeroes.com's
sole discretion, for any reason, whether with or without cause or warning, and without
liability.
- The HomeOfHeroes.com Web Site contains information and press releases about us. While
this information was believed to be accurate as of the date prepared, we disclaim any
liability arising from its accuracy and any duty or obligation to update this information
or any other content. The HomeOfHeroes.com Web Site may include statements concerning our
operations, prospects, strategies, financial condition, future economic performance, and
demand for our products or services, as well as our intentions, plans, and objectives that
are forward-looking statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties, many of which are beyond our
control. When used on our Site, words like "anticipates," "expects,"
believes," "estimates," "seeks," "plans,"
"intends," and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for forward-looking
statements. The HomeOfHeroes.com Web Site and the information contained herein do not
constitute an offer or a solicitation of an offer for the sale of any securities. None of
the information contained herein is intended to be, and shall not be deemed to be,
incorporated into any of our securities-related filings or documents.
- HomeOfHeroes.com makes no warranty, express or implied, with respect to the content,
information, or services provided through, or in conjunction with, the HomeOfHeroes.com
Web Site. HomeOfHeroes.com makes no guarantee of the accuracy, correctness or completeness
of any information on the HomeOfHeroes.com Web Site, and shall not be responsible for: (i)
any errors of omission arising from the use of such information; (ii) any failures, delays
or interruptions in the delivery of any content or service contained within the
HomeOfHeroes.com Web Site; and (iii) any defamatory, libelous or unlawful material
contained within the HomeOfHeroes.com Web Site, including user Web pages, resumes, emails,
profiles, opinions, advice, statements, memorandums or discussion board postings, or
materials related to users' use of the HomeOfHeroes.com Web Site's chat features. You
acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or
information shall be at your sole risk. You acknowledge that neither HomeOfHeroes.com nor
its members, while such members are participating in HomeOfHeroes.com, are engaged in
rendering legal, medical, counseling, or other professional services or advice.
HomeOfHeroes.com encourages you to seek appropriate professional advice for any situation
or problem which you may have. HomeOfHeroes.com reserves the right, in its sole
discretion, to correct any errors or omissions in any portion of the HomeOfHeroes.com Web
Site.
- YOU AGREE THAT YOUR USE OF THE HOMEOFHEROES.COM WEB SITE IS AT YOUR OWN RISK. THE
HOMEOFHEROES.COM WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES,
MATERIALS, AND/OR INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE HOMEOFHEROES.COM
WEBSITE, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL
HOMEOFHEROES.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE HOMEOFHEROES.COM WEB
SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO
THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE HOMEOFHEROES.COM WEB SITE OR ANY LINKED SITE, OR FOR ANY
INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE HOMEOFHEROES.COM WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF HOMEOFHEROES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. FURTHER, HOMEOFHEROES.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR
PURPOSE. HOMEOFHEROES.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
HomeOfHeroes.com WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE THEREIN WILL
BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
HOMEOFHEROES.COM WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
- The HomeOfHeroes.com Web Site contains links and pointers to other World Wide Web
Internet sites, affiliates, resources, advertisers, and other entities. Such links and
pointers by HomeOfHeroes.com to sites maintained by third parties do not constitute an
endorsement, guaranty, or warranty by HomeOfHeroes.com, or any of its affiliates, of any
third party or their content, nor the existence of a partnership, joint venture, agency,
or other relationship between HomeOfHeroes.com, or any of its affiliates, and any linked
third party or their content.
- By permitting advertising on the HomeOfHeroes.com Web Site, HomeOfHeroes.com makes no
warranties or representations of any kind as to the accuracy of the content or suitability
of the subject matter of any such advertisement. HomeOfHeroes.com specifically disclaims
liability for direct, consequential, or incidental damages arising from such
advertisements. By responding to an advertisement on the HomeOfHeroes.com Web Site, you
waive any claims against HomeOfHeroes.com for damages arising from such advertisement or
your reliance upon statements in such advertisement. You will not consider
HomeOfHeroes.com nor will HomeOfHeroes.com be construed as a party to such transactions,
whether or not HomeOfHeroes.com may have received some form of revenue or other
remuneration in connection with the transaction. Merchants are responsible for all aspects
of order processing, fulfillment, billing, and customer service. You agree that use of
such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY, AND/OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS HOMEOFHEROES.COM LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON
HOMEOFHEROES.COM OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED FROM OR TO OUR SITE.
- The HomeOfHeroes.com Web Site makes chat rooms, forums, message boards, email, and/or
news groups available to its users provided that they abide by the online behavior
detailed in this Agreement. Please remember that any information that is disclosed in
these areas becomes public information, and you should exercise caution when deciding to
disclose your personal information. Your right to speak freely here must be exercised with
courtesy and self-restraint. In consideration of being allowed to use the HomeOfHeroes.com
Web Site, when you enter or use a chat room, use a message board, transmit an e-mail, or
otherwise utilize the HomeOfHeroes.com Web Site, you explicitly and unequivocally agree
you will not: use any HomeOfHeroes.com Web Site service for any purpose in violation of
local, state, or national laws of any country; post or otherwise transmit any material
that is copyrighted, unless you are the copyright owner or have the permission of the
copyright owner; post or otherwise transmit any material that reveals trade secrets,
unless you own them or have the permission of the owner; post or otherwise transmit any
material that infringes on any other intellectual property rights of others or on the
privacy or publicity rights of others; post or otherwise transmit any material that is
obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another
user or any other person or entity; post or otherwise transmit sexually-explicit images;
post or otherwise transmit advertisements or solicitations of business; disrupt the normal
flow of dialogue and/or exchange on the HomeOfHeroes.com Web Site, or post or otherwise
transmit material that is not related to the subject at issue; or post or otherwise
transmit chain letters or pyramid schemes. You are responsible for your own
Communications, as defined below, and are responsible for the consequences of posting or
otherwise transmitting those Communications. HomeOfHeroes.com does not represent or
guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise
transmitted by HomeOfHeroes.com Web Site users or endorse any opinions expressed by such
users. HomeOfHeroes.com does not screen Communications in advance and is not responsible
for screening or monitoring material posted or otherwise transmitted by HomeOfHeroes.com
Web Site users. If HomeOfHeroes.com receives notification of a user regarding
Communications which allegedly do not conform to this Agreement, HomeOfHeroes.com may
investigate the allegations and determine in good faith and at its sole discretion whether
to remove or request the removal of the Communication. HomeOfHeroes.com has no liability
or responsibility to users for performance or nonperformance of such activities.
HomeOfHeroes.com reserves the right to expel users and prevent their further access to the
HomeOfHeroes.com Web Site for violating this Agreement or violating the law.
HomeOfHeroes.com reserves the right to remove Communications which are abusive, illegal,
disrespectful, or disruptive.
- By posting messages, chatting, uploading files, inputting data, transmitting e-mail, or
engaging in any other form of communication (individually or collectively
"Communications") to or through the HomeOfHeroes.com Web Site, you hereby grant
to HomeOfHeroes.com a perpetual, worldwide, irrevocable, unrestricted, non-exclusive,
royalty-free license to use, copy, license, sublicense, adapt, distribute, display,
publicly perform, reproduce, transmit, modify, edit and otherwise exploit such
Communications, in all media now known or hereafter developed. You hereby waive all rights
to any claim against HomeOfHeroes.com for any alleged or actual infringements of any
proprietary rights, rights of privacy and publicity, moral rights, and rights of
attribution in connection with such Communications.
- You acknowledge that Communications to, from and through the HomeOfHeroes.com Web Site
are not confidential, and your Communications may be read or intercepted by others. You
acknowledge that by submitting Communications using HomeOfHeroes.com, no confidential,
fiduciary, contractually implied, or other relationship is created between you and
HomeOfHeroes.com other than pursuant to this Agreement.
- THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF COLORADO. WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE
JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT
SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN COLORADO SPRINGS, COLORADO.
- Any cause of action you may have with respect to your use of the HomeOfHeroes.com Web
Site must be commenced within one (1) year after the claim or cause of action arises. If
for any reason a court of competent jurisdiction finds any provision of this Agreement, or
portion thereof, to be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to affect the intent of the Agreement, and the remainder of this
Agreement shall continue in full force and effect.
- You shall defend or settle at your sole expense any claim or suit, including without
limitation any proceeding, investigation or claim by a self-regulatory organization, state
or federal securities agency or commission, (collectively, an "Action") against
HomeOfHeroes.com and/or each of its affiliates, directors, officers, agents, employees or
sublicensees, (collectively, the "Indemnitee") to the fullest extent permitted
by law arising out of or in connection with: (a) an assertion that the information,
content or other materials or services provided or made available by you or the use
thereof by HomeOfHeroes.com infringe any copyright or trademark rights of any individual
or entity, or are a misappropriation of any individual or entity's trade secret, or
contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (b) any
breach by you of your obligations under this Agreement; and (c) any content provided by
you in a chat room, message board, e-mail, or home page (created or used by you) on the
HomeOfHeroes.com Web Site, or statements made by you in the HomeOfHeroes.com Web Site or
through other media. You shall indemnify and hold harmless the Indemnitee from and against
any and all damages, costs, liabilities and attorneys' fees, incurred in defending and/or
resolving such Action.
- Notices under this Agreement shall be sufficient only if in writing and transmitted via
personal delivery, delivered by a major commercial rapid delivery courier service, or
mailed, postage or charges prepaid, by certified or registered mail, return receipt
requested, to HomeOfHeroes.com, Inc., P.O. Box 122, Pueblo, Colorado,
81005.
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