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Conditions of Use

Welcome to Hero Talk   LLC and/or its affiliates (“Hero Talk  “) provide website features and other products and services to you when you vxisit, training  or shop at Laurel use Hero Talk  products, training or services, use Hero Talk  applications for mobile, or use software provided by Hero Talk  in connection with any of the foregoing (collectively, “Hero Talk “). Hero Talk  provides the Hero Talk  subject to the following conditions. By using Hero Talk  Services, you agree to these conditions. Please read them carefully. We offer a wide range of Hero Talk , and sometimes additional terms may apply. When you use an Hero Talk  (for example, Your Profile, Gift Cards, Blogs, Nominate, Awards, Hero Talk  Video, Media Library, Hero Talk  devices, or Hero Talk) you also will be subject to the guidelines, terms and agreements applicable to that Hero Talk   (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. PRIVACY Please review our Privacy Notice, which also governs your use of Hero Talk  Services, to understand our practices. ELECTRONIC COMMUNICATIONS When you use Hero Talk  Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Hero Talk  Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. COPYRIGHT All content included in or made available through any Hero Talk  Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Hero Talk  or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Hero Talk  Service is the exclusive property of Hero Talk  and protected by U.S. and international copyright laws. TRADEMARKS Hero Talk ‘s trademarks and trade dress may not be used in connection with any product or service that is not Hero Talk ‘s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hero Talk . All other trademarks not owned by Hero Talk  that appear in any Hero Talk  Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hero Talk . LICENSE AND ACCESS Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Hero Talk  or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Hero Talk  Services. This license does not include any resale or commercial use of any Hero Talk  Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Hero Talk  Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Hero Talk  or its licensors, suppliers, publishers, rightsholders, or other content providers. No Hero Talk  Service, nor any part of any Hero Talk  Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hero Talk . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hero Talk  without express written consent. You may not use any meta tags or any other “hidden text” utilizing Hero Talk ‘s name or trademarks without the express written consent of Hero Talk . You may not misuse the Hero Talk . You may use the Hero Talk  only as permitted by law. The licenses granted by Hero Talk  terminate if you do not comply with these Conditions of Use or any Service Terms. YOUR ACCOUNT You may need your own Hero Talk  account to use certain Hero Talk  services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Hero Talk  does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Hero Talk  Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Hero Talk  Household. Alcohol listings on Hero Talk  are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Hero Talk  reserves the right to refuse service, terminate accounts, terminate your rights to use Hero Talk  Services, remove or edit content, or cancel orders in its sole discretion. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Hero Talk  reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Hero Talk  a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hero Talk  and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hero Talk  for all claims resulting from content you supply. Hero Talk  has the right but not the obligation to monitor and edit or remove any activity or content. Hero Talk  takes no responsibility and assumes no liability for any content posted by you or any third party. COPYRIGHT COMPLAINTS Hero Talk  respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement RISK OF LOSS All purchases of physical items from Hero Talk  are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. RETURNS, REFUNDS AND TITLE Hero Talk  does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Hero Talk  does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center . PRODUCT DESCRIPTIONS Hero Talk  attempts to be as accurate as possible. However, Hero Talk  does not warrant that product descriptions or other content of any Hero Talk  Service is accurate, complete, reliable, current, or error-free. If a product offered by Hero Talk  itself is not as described, your sole remedy is to return it in unused condition. PRICING “List Price” means the suggested retail price of a product as provided by Hero Talk products, a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Hero Talk  and other retailers and affiliates. Certain products may have a price displayed, which is determined using recent price history of the product on Hero Talk . With respect to items sold by Hero Talk , we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Hero Talk  is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you. APP PERMISSIONS When you use apps created by Hero Talk , such as the Hero Talk  Ap, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. SANCTIONS AND EXPORT POLICY You may not use any Hero Talk  Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Hero Talk  Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Hero Talk ), technology, and services. OTHER BUSINESSES Parties other than Hero Talk  operate stores, provide services or software, or sell product lines through the Hero Talk  Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Hero Talk  does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE Hero Talk INTERNATIONAL AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Hero Talk INTERNATIONAL SERVICES ARE PROVIDED BY Hero Talk INTERNATIONAL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Hero Talk INTERNATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Hero Talk INTERNATIONAL SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Hero Talk INTERNATIONAL SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Hero Talk INTERNATIONAL SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, Hero Talk INTERNATIONAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Hero Talk INTERNATIONAL DOES NOT WARRANT THAT THE Hero Talk INTERNATIONAL SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Hero Talk INTERNATIONAL SERVICES, Hero Talk INTERNATIONAL’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Hero Talk INTERNATIONAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Hero Talk INTERNATIONAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Hero Talk INTERNATIONAL SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Hero Talk INTERNATIONAL SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. DISPUTES Any dispute or claim relating in any way to your use of any Hero Talk  Service, or to any products or services sold or distributed by Hero Talk  or through Hero will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Hero Talk  25 Highland Park Village 100-405 Dallas, Texas 75205. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Hero Talk  will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. APPLICABLE LAW By using any Hero Talk , you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Hero Talk . SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Hero Talk  Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. OUR ADDRESS Hero Talk ,LLC 25 Highland Park Village Suit 100-405 Dallas, Texas 75205       ADDITIONAL Hero Talk INTERNATIONAL SOFTWARE TERMS The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Hero Talk   (the “Hero Talk  Software”). 1.     Use of the Hero Talk  Software. You may use Hero Talk  Software solely for purposes of enabling you to use the Hero Talk  as provided by Hero Talk , and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Hero Talk  Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Hero Talk  Software in whole or in part. All software used in any Hero Talk  is the property of Hero Talk  or its software suppliers and is protected by United States and international copyright laws. 2.     Use of Third Party Services. When you use the Hero Talk  Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. 3.     No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Hero Talk  Software, whether in whole or in part. 4.     Updates. We may offer automatic or manual updates to the Hero Talk  Software at any time and without notice to you. 5.     Government End Users. If you are a U.S. Government end user, we are licensing the Hero Talk  Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Hero Talk  Software are the same as the rights we grant to all others under these Conditions of Use. 6.     Conflicts. In the event of any conflict between these Conditions of Use and any other Hero Talk  or third-party terms applicable to any portion of Hero Talk  Software, such as open-source license terms, such other terms will control as to that portion of the Hero Talk  Software and to the extent of the conflict. How to Serve a Subpoena If you have a subpoena to serve on Hero Talk , please note that Hero Talk  does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Hero preferably by mailing the to subpoena Hero Talk ‘s address. Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Hero Talk  devices; and IP address and complete time stamps. Notice and Procedure for Making Claims of Copyright Infringement   If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement. If you prefer to submit a report in writing, please provide us with this information: ·       A physical signature of the person authorized to act on behalf of the owner of the copyright interest; ·       A description of the copyrighted work that you claim has been infringed upon; ·       A description of where the material that you claim is infringing is located on the site; ·       Your address, telephone number, and e-mail address; ·       A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; ·       A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Hero Talk ‘s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent Hero Talk , LLC Legal Department 25 Highland Park Village Suite 100-405 Dallas, Texas 75205 e-mail:   Courier address: Copyright Agent Legal Department 25 Highland Park Village 100-405 Dallas, Texas 75205 USA Please note that this procedure is exclusively for notifying Hero Talk  that your copyrighted material has been infringed.