Terms of Use

AGREEMENT OF TERMS OF USE

Last updated: August 9, 2010

Homepage Heroes, LLC, a Florida limited liability company (“Homepage Heroes”), owns and operates www.HomepageHeroes.com, HomepageHeroes.net, HomepageHeros.com, HompageHeroes.com, Homepagheroes.com Abettermall.com (“HomepageHeroes.com”).  HomepageHeroes.com allows you to create a customized Internet browser homepage by: (1) choosing or uploading a background image; (2) choosing charities; (3) choosing the search engine of your choice, and various RSS feeds and widgets; and (4) choosing retailers from HomepageHeroes.com’s “Mall” area (the “Retailers”).  As further explained below, Homepage Heroes then donates to the charity you chose 50% of net amounts paid by a Retailer to Homepage Heroes as a result of your clicks on the Retailer icons available on HomepageHeroes.com.

By visiting, using and/or submitting information to HomepageHeroes.com, you agree to be bound by the terms and conditions of this Agreement of Terms of Use (the “Agreement”) and HomepageHeroes.com’s Privacy Policy, located at [www.homepageheroes.com/privacy] (the “Privacy Policy”).

This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.

Your Compliance with this Agreement

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged.  Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to HomepageHeroes.com.  You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.  In order to determine your compliance with this Agreement, Homepage Heroes may monitor your access and use of HomepageHeroes.com in accordance with Homepage Heroes’ Privacy Policy.

Setting Up a HomepageHeroes.com Home Page

When you visit HomepageHeroes.com, you may create a personalized Internet browser homepage by either using a template homepage available on HomepageHeroes.com (a “Template Homepage”) or setting up an account with Homepage Heroes and developing a customized homepage (a “Customized Homepage”).  You do not need to register with Homepage Heroes to use a Template Homepage.  You will need to register with Homepage Heroes and set up an account at Homepageheroes.com to develop a Customized Homepage.  You will need to share information with Homepage Heroes, such as your name and email address, as well as create a password, to set up an account.  All information you share with Homepageheroes.com will be used as set forth in the Privacy Policy.

Top Shops/Retailers

Homepage Heroes has developed certain relationships with Retailers.  You may choose Retailers from HomepageHeroes.com’s “Mall” area to be displayed at the bottom of your Customized Homepage (your “Top Shops”).  If you are using a Template Homepage, then we will choose the Top Shops for you.  We refer to the icons at the bottom of your Template Homepage or Customized Homepage that link to these Top Shops as “Top Shop Icons.”  If you click on a Top Shop Icon or other links to Retailer websites available on HomepageHeroes.com and make a purchase at the Retailer’s website, then the Retailer may pay an amount to Homepage Heroes as a result of your purchase (the “Referral Fee”).  A Referral Fee shall be net of any chargebacks, refunds, or other amounts payable to or offset by Retailers.

Please note that Homepage Heroes may be required to either not list or remove certain Retailers and Top Shop Icons from time to time.  Homepage Heroes does not promise, nor should you expect, that a Retailer and Top Shop Icon will always be available on HomepageHeroes.com.  Homepage Heroes reserves the right to pause or stop featuring a Retailer and Top Shop Icon on HomepageHeroes.com at any time, for any reason or no reason, in its sole discretion.  It is possible that Homepage Heroes will not receive a Referral Fee from a Retailer as a result of your clicks and your purchases on Retailer websites, in which case your clicks and your purchases on Retailer websites will not result in a Donation (defined below).  Homepage Heroes is not responsible for any Retailer’s failure to pay Referral Fees to us.  Links to Retailers from HomepageHeroes.com do not constitute an endorsement or recommendation by Homepage Heroes of the Retailer, its products or services. Homepage Heroes does not guarantee that the terms, rates or prices offered by a Retailer are the best or lowest available on the market.  Homepage Heroes is not responsible for any action, inaction or policy of a Retailer, or any products or services that you may choose to purchase from a Retailer.

Donations to Charities

Whether you are using a Template Homepage or Customized Homepage, HomepageHeroes.com allows you to choose certain charities (collectively, “Charities”).  You can choose a Charity from the list of Charities available on HomepageHeroes.com, or you can submit a new Charity via HomepageHeroes.com’s submission process.  Charities that you submit may become available on HomepageHeroes.com after they go through our review process.

Homepage Heroes will pay to the Charity you choose fifty percent (50%) of all Referral Fees (the “Donations”). For example, if you click on a Top Shop Icon and then make a purchase on the Retailer’s website, Homepage Heroes may receive a Referral Fee from the Retailer, and make a Donation to the Charity you chose.

We will track Donation amounts between October 1^st and September 31^st of each calendar year (the “Donation Period”).  Donations will be made to Charities at the end of each calendar year, based on Donation amounts tracked during the immediately preceding Donation Period.  Notwithstanding anything to the contrary, if during a Donation Period a Charity does not accumulate at least $30 in Donations (the “Threshold Amount”), the Donations will not be paid to that Charity at the end of the calendar year, and will instead carry over into the next Donation Period.  Notwithstanding anything to the contrary, if a Charity is Inactive, we may choose, in our sole discretion, to donate any Donations intended for the Inactive Charity to another Charity in the same or similar category that has reached the Threshold Amount.  We will categorize a Charity as “Inactive” if the Charity receives no Donations during any one Donation Period.

Unless otherwise determined by Homepage Heroes, in its sole discretion, and notwithstanding anything to the contrary in this Agreement, only organizations that acquire a Section 501(c)(3) tax exemption from the United States Internal Revenue Service may be listed as a “Charity” on HomepageHeroes.com.  Should we determine, in our sole discretion, to list on HomepageHeroes.com a Charity that does not acquire a Section 501(c)(3) tax exemption from the United States Internal Revenue Service (a “Non-Exempt Charity”), then the Non-Exempt Charity shall be solely responsible for paying any taxes due on amounts Donated to that Non-Exempt Charity, as well as filling out and submitting any required IRS forms.  The Threshold Amount for any Non-Exempt Charity shall be at least $50 in Donations during a Donation Period.

Please note that Homepage Heroes may be required to either not list or remove certain Charities from time to time, and that a Charity may not accept a Donation.  Homepage Heroes does not promise, nor should you expect, that a Charity will always be available on HomepageHeroes.com.  Homepage Heroes reserves the right to refuse participation on HomepageHeroes.com by any Charity at any time, for any reason or no reason, in its sole discretion.  In addition, each Charity is solely responsible for its views, purpose, administration, and effectiveness.  The views, purpose, administration and effectiveness of a Charity do not represent those of Homepage Heroes or its owners, and Donations or links to Charities by Homepage Heroes do not constitute an endorsement or recommendation by Homepage Heroes of those Charities.  Homepage Heroes does not guarantee that a Charity will use Donations as described by the Charity or any third party.  Homepage Heroes is not responsible for any action or inaction of a Charity.

HomepageHeroes.com is Not Intended for Minors

HomepageHeroes.com is not intended to be used by, and is not directed to, anyone under 18 years of age.  You represent that you are at least 18 years of age.  If Homepage Heroes receives a complaint which states that a user of HomepageHeroes.com is under 13 years of age, Homepage Heroes will comply with the requirements of the Children’s Online Privacy Protection Act of 1998 (“COPPA”).

Your Access and Use of HomepageHeroes.com

Your right to access and use HomepageHeroes.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use HomepageHeroes.com for lawful purposes and pursuant to the terms and conditions of this Agreement and Homepage Heroes’ Privacy Policy.

Your access and use of HomepageHeroes.com may be interrupted, from time to time, for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of HomepageHeroes.com or other actions that Homepage Heroes, in its sole discretion, may elect to take. Homepage Heroes reserves the right to suspend or discontinue the availability of HomepageHeroes.com and/or any portion or feature of HomepageHeroes.com at any time in its sole discretion and without prior notice.

Any action by you that, in Homepage Heroes’ sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of HomepageHeroes.com; or (iii) through the use of HomepageHeroes.com, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use HomepageHeroes.com.  You shall not metatag, provide links to or frame HomepageHeroes.com without the prior express written permission of Homepage Heroes.

User Generated Content

HomepageHeroes.com may act as a venue, through its blogs, customizable pages and other forums (collectively, the “Forums”), allowing users of HomepageHeroes.com to contribute information and make statements (“User Generated Content”).  Homepage Heroes is not involved in the actual transmission of User Generated Content provided in the Forums.  As a result, Homepage Heroes does not approve or endorse any User Generated Content in the Forums, and you hereby acknowledge and agree that Homepage Heroes has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided for by you or any other person or entity in the Forums.  You may find User Generated Content posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive.  Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums.  Without limiting the generality of the foregoing, and although Homepage Heroes does not regularly review User Generated Content provided in the Forums, Homepage Heroes reserves the right, but not the obligation, to remove or edit any User Generated Content in the Forums.

Transmissions, Submissions and Postings to HomepageHeroes.com

If you transmit, submit or post information to HomepageHeroes.com that is not Federally trademarked and/or copyrighted, you automatically grant Homepage Heroes and its affiliates and assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below).  Provided that you have obtained prior written permission from Homepage Heroes to transmit, submit or post information to HomepageHeroes.com that is Federally trademarked and/or copyrighted, you automatically grant Homepage Heroes and its affiliates and assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.

You shall not transmit, submit or post the following to HomepageHeroes.com (including, without limitation, as part of your Customized Homepage’s background):

• Information that infringes on Homepage Heroes’ or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
• Information that violates any law, statute, ordinance or regulation;
• Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, pornographic, explicit or vulgar, or otherwise injurious to Homepage Heroes or third parties or that infringes on Homepage Heroes’ or any third party’s rights of publicity or privacy;
• Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
• Information that is false, inaccurate or misleading;
• Commercial advertisements or solicitations without written permission from Homepage Heroes; or
• Federally Trademarked and/or Copyrighted information without written permission from Homepage Heroes.

Although Homepage Heroes does not regularly review your transmissions, submissions or postings, Homepage Heroes reserves the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings.  Pursuant to the Privacy Policy, Homepage Heroes may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement.

You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.

Homepage Heroes’ Intellectual Property Rights

The names “Homepage Heroes” and “HomepageHeroes.com”, and Homepage Heroes’ graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Homepage Heroes or its affiliates, in the United States and/or other countries (collectively, the “Proprietary Marks”).  You may not use the Proprietary Marks without the prior express written permission of Homepage Heroes, which permission may be withheld in Homepage Heroes’ sole discretion. Homepage Heroes makes no proprietary claim to any third-party names, trademarks or service marks appearing on HomepageHeroes.com. Any third-party names, trademarks, and service marks are property of their respective owners.

The information, advice, data, software and content viewable on, contained in, or downloadable from, HomepageHeroes.com (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, Homepage Heroes or its Content suppliers.  Homepage Heroes also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on HomepageHeroes.com (the “Software”) is the property of Homepage Heroes or its software vendors and is protected by United States and international copyright laws.  Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

You are solely responsible for any damage resulting from your infringement of Homepage Heroes’ or any third party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by Homepage Heroes or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

Your Use of the Content

Homepage Heroes grants you a limited license to access, print, download or otherwise make personal use of the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of Homepage Heroes, which permission may be withheld in Homepage Heroes’ sole discretion.

You may not use any meta tags or any other “hidden text” utilizing Homepage Heroes’ name or trademarks without the express written permission of Homepage Heroes, which permission may be withheld in Homepage Heroes’ sole discretion.

Access and Interference

HomepageHeroes.com contains robot exclusion headers.  You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor HomepageHeroes.com or any portion of HomepageHeroes.com or for any other purpose, without Homepage Heroes’ express written permission which may be withheld in Homepage Heroes’ sole discretion.  Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Homepage Heroes’ sole discretion an unreasonable or disproportionately large load on Homepage Heroes’ infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from HomepageHeroes.com without the prior written permission of Homepage Heroes and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of HomepageHeroes.com or any activities conducted on HomepageHeroes.com; or (iv) bypass Homepage Heroes’ robot exclusion headers or other measures Homepage Heroes may use to prevent or restrict access to HomepageHeroes.com.  Notwithstanding the foregoing, Homepage Heroes grants the operators of public search engines permission to use spiders to copy materials from HomepageHeroes.com for the sole purpose and solely to the extent necessary for creating publicly available searchable indices of the materials on HomepageHeroes.com, but not caches or archives of such materials.  Homepage Heroes reserves the right to revoke these exceptions either generally or in specific cases.  You shall not collect or harvest any personally identifiable information, including account names, from HomepageHeroes.com.  You shall not use any communication systems provided on HomepageHeroes.com (such as Forums or email) for any commercial or solicitation purposes.  You shall not solicit for commercial purposes any users of HomepageHeroes.com without the express written permission of Homepage Heroes, which permission may be withheld in Homepage Heroes’ sole discretion.

Electronic Communications

When you visit HomepageHeroes.com or send email to Homepage Heroes, you are communicating with Homepage Heroes electronically.  You consent to receive communications from Homepage Heroes electronically.  Although Homepage Heroes may choose to communicate with you by regular mail, Homepage Heroes may also choose to communicate with you by e-mail or by posting notices on HomepageHeroes.com.  You agree that all agreements, notices, disclosures and other communications that Homepage Heroes provides to you electronically satisfy any legal requirement that such communications be in writing.

Your Responsibility for Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use HomepageHeroes.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of HomepageHeroes.com.

Third Party Links

There may be provided on HomepageHeroes.com links to other Web sites belonging to Homepage Heroes’ advertisers, business partners, affiliates and other third parties, such as Retailers and Charities.  Such links do not constitute an endorsement by Homepage Heroes of those Web sites, nor the products or services listed on those Web sites.  Homepage Heroes is not responsible for the activities or policies of those Web sites.  Homepage Heroes does not endorse or recommend the products or services of any particular Retailer, Charity, advertiser, business partner, affiliate or other third party.  Homepage Heroes does not guarantee that the terms, rates or prices offered by any particular Retailer, advertiser, business partner, affiliate or other third party on HomepageHeroes.com are the best terms, lowest rates or lowest prices available in the market.

Copyright Infringement

It is Homepage Heroes’ policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.  Homepage Heroes shall, in appropriate circumstances, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Homepage Heroes and/or others.

Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to Homepage Heroes’ designated agent.  Homepage Heroes’ designated agent contact information is set forth below:

Email address of designated agent:  homepageheroes@gmail.com

Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Homepage Heroes to locate the material;
4. Information reasonably sufficient to permit Homepage Heroes to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:

1. Homepage Heroes will remove or disable access to the material that is alleged to be infringing;
2. Homepage Heroes will forward the Notification to the alleged infringer (“Subscriber”); and
3. Homepage Heroes will take reasonable steps to promptly notify the Subscriber that Homepage Heroes has removed or disabled access to the material.

Counter Notification:

Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to Homepage Heroes ‘s designated agent that includes substantially the following:

1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which Homepage Heroes may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:

1. Homepage Heroes will promptly provide the Complaining Party with a copy of the Counter Notification;
2. Homepage Heroes will inform the Complaining Party that Homepage Heroes will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
3. Homepage Heroes will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided Homepage Heroes’ designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on Homepage Heroes’ network or system.

Homepage Heroes Makes No Representations or Warranties Regarding the Content

The Content and all services and products associated with HomepageHeroes.com are provided to you on an “as-is” and “as available” basis.  Homepage Heroes makes no representations or warranties of any kind, express or implied, as to the operation of HomepageHeroes.com or the information, content, materials, products or services included on or associated with HomepageHeroes.com, RETAILERS OR CHARITIES.  You expressly agree that your use of HomepageHeroes.com and all products and services included on or associated with HomepageHeroes.com, RETAILERS AND CHARITIES is at your sole risk.

Homepage Heroes does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content or the services and products associated with HomepageHeroes.com, retailers and charities, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the services and products associated with HomepageHeroes.com, retailers and charities. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with HomepageHeroes.com, retailers and charities.  Homepage Heroes makes no representation, warranty or guarantee that the Content that may be available for downloading from HomepageHeroes.com, or any web site offered by retailers or charities, is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

HomepageHeroes.com is controlled and offered by Homepage Heroes from Homepage Heroes’ facilities in the United States of America.  Homepage Heroes makes no representations that HomepageHeroes.com is appropriate or available for use in other jurisdictions.  If you access or use HomepageHeroes.com from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.

Limitations on Homepage Heroes’ Liability

Homepage Heroes shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of HomepageHeroes.com or any web site offered by retailers or charities; (iii) your DELAY IN ACCESSING OR inability to access or use HomepageHeroes.com, or any web site offered by retailers or charities, for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH HomepageHeroes.com, a retailer or charity, OR OTHERWISE ARISING OUT OF THE USE OF HomepageHeroes.com or any web site offered by retailers or charities, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HOMEPAGE HEROES AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  HOMEPAGE HEROES’ LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.

YOU SPECIFICALLY ACKNOWLEDGE THAT HOMEPAGE HEROES SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO HOMEPAGEHEROES.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

Your Indemnification of Homepage Heroes

You shall defend, indemnify and hold harmless Homepage Heroes and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Homepage Heroes; (iii) your access or use of HomepageHeroes.com; (iv) access or use of HomepageHeroes.com under any password that may be issued to you; and/or (v) your transmissions, submissions or postings (i.e., your own User Generated Content).

Amendments to this Agreement

Homepage Heroes reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of HomepageHeroes.com following the posting of any such changes shall automatically be deemed your acceptance of all changes.

Homepage Heroes’ Remedies

You acknowledge that Homepage Heroes may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Homepage Heroes shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Agreement, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Palm Beach County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Governing Law; Arbitration

You agree that: (i) HomepageHeroes.com shall be deemed solely based in the State of Florida; and (ii) HomepageHeroes.com shall be deemed a passive Web site that does not give rise to personal jurisdiction over Homepage Heroes, either specific or general, in jurisdictions other than the State of Florida.  This Agreement is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Beach County, Florida.

THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. By using HomepageHeroes.com you consent to these restrictions.

You and Homepage Heroes shall select the arbitrator, and if you and Homepage Heroes are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Homepage Heroes and your and Homepage Heroes’ respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Homepage Heroes be entitled to punitive, special, indirect or consequential damages and both you and Homepage Heroes hereby waive your and Homepage Heroes’ respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Homepage Heroes, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Palm Beach County, Florida.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Homepage Heroes from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and Homepage Heroes regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or HomepageHeroes.com, please contact Homepage Heroes via any of the methods set forth below:

email:  contact@homepageheroes.com

• Homepage Heroes
• P.O. Box 1150
• Boynton Beach, FL
• 33435

• Home
• Terms of Use
• Privacy Policy