TERMS OF USE

THIS DOCUMENT SETS FORTH THE TERMS OF USE FOR THE WEBSITE WWW.THEREGOESMYHERO.ORG www.therefoesmyhero.org (“SITE”).  PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS OF USE”) CAREFULLY.  BY USING THE SITE, YOU, THE USER (“YOU”) INDICATE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE IN ANY MANNER.

1.              Description of Site.  The “Site” encompasses the Site and all of its content and policies, any modifications, updates, enhancements, revisions, new features, and/or the addition of any new web properties.  TGMH reserves the right to make any changes to the Site at any time and without prior notice.

2.                    Site Ownership.  The Site, including all text, logos or graphic images appearing therein, is protected by copyright, trademark, patent, trade secret, and other laws.  The Site is the property of There Goes My Hero, Inc., a Delaware corporation (“TGMH”) and all right, title and interest in the Site shall remain with TGMH.  Nothing in these Terms of Use transfers any rights to you or any third party except as expressly set forth herein.

3.              Site Use Restrictions.  The Site is for your personal use only.  You will not (i) post on or transmit to the Site any defamatory, libelous, obscene, pornographic, profane, threatening, patently offensive, lewd, or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law, including but not limited to laws governing TGMH’s operation of the Site; (ii) modify, copy, distribute, transmit, display, perform, mirror, reproduce, publish, create derivative works from, transfer, sell, lease, rent, sublicense, loan, share, give away or donate any information obtained from the Site; (iii) use the Site in any manner that violates any applicable laws, regulations, orders, or other restrictions; (iv) use the Site in any manner that poses any threat to the functioning of the Site for TGMH or its users or that seeks to data mine or data strip the Site; (v) misrepresent the source or substance of information transmitted to the Site; (vi) use the Site in a commercial manner without the express written permission of TGMH.

4.              Terms of Use Changes.  TGMH reserves the right to change these Terms of Use at any time at its sole discretion and without notice to you.  All Terms of Use changes are effective immediately.  Your continued use of the Site following any Terms of Use changes will mean you accept those changes.

5.              Termination.  TGMH reserves the right, in its sole discretion, to terminate the Site and/or your use of the Site at any time for any reason or no reason.

6.              Hyperlinks are Not Endorsements.  A link from the Site to a non-TGMH website does not mean that TGMH endorses or accepts any responsibility for the content, functioning or use of such website, and you enter any such website at your own risk.  It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature.

7.            Notices and Procedure for Making Claims of Copyright Infringement.  TGMH will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”).  Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for TGMH in accordance with the DMCA:  There Goes My Hero, Attention DMCA Designated Agent, There Goes My Hero, Attention DMCA Designated Agent, Erik Sauer; Phone: (800)601-4370 Ext 102; E-Mail: Survivor@theregoesmyhero.org

8. Representation and Warranty Disclaimer.  THE INFORMATION ON THE SITE, INCLUDING TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED WITH TGMH, WHICH YOU MAY VISIT THROUGH THE SITE, IS PROVIDED “AS IS” BY TGMH AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (VIII) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.  EFFORTS BY TGMH TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS.  TGMH SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THESE TERMS OF USE, STATUTE, REGULATION, COMMON LAW PRECEDENT OR DOCTRINE, OR OTHERWISE, EVEN IF TGMH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT.  In jurisdictions that prohibit the exclusion or limitation of liability for consequential or incidental damages, TGMH’s liability is limited to the greatest extent permitted by law.

9. Indemnification.  You will indemnify, defend and hold TGMH harmless against any and all claims, losses, liabilities, suits, damages and disputes, including attorneys fees, arising from your use of the Site.

10. Jurisdiction and Venue.  THESE TERMS OF USE ARE ENTERED INTO AND GRANTED IN THE STATE OF MARYLAND AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND, EXCLUDING ANY LAW OR CONFLICTS OF LAW PRINCIPLE THAT WOULD APPLY THE LAW OF ANOTHER JURISDICTION, AND EXCLUDING THE MARYLAND UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT.  EXCLUSIVE JURISDICTION FOR ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE SHALL BE ONLY IN THE FEDERAL OR STATE COURT WITH COMPETENT JURISDICTION LOCATED IN BALTIMORE, MARYLAND.  YOU CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION BY SUCH COURTS IN ANY SUCH ACTION.

11. TGMH Contact Information.  If you have any questions or comments regarding these Terms of Use or the Site, please contact TGMH using one of the options below:

Phone:  (800)601-4370 ext. 102

E-Mail:  survivor@theregoesmyhero.org

Site:  www.theregoesmyhero.org

PRIVACY POLICY

THIS DOCUMENT SETS FORTH THE PRIVACY POLICY FOR THE WEBSITE www.theregoesmyhero.org (the “SITE”).  PLEASE READ THE FOLLOWING PRIVACY POLICY (the “POLICY”) CAREFULLY.  BY USING THE SITE, YOU, THE USER (“YOU”) INDICATE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE POLICY. IF YOU DO NOT AGREE TO THE POLICY, DO NOT USE THE SITE IN ANY MANNER OR DISCLOSE ANY INFORMATION TO THE SITE OR THE SITE OWNER.

1.              Description of Site.  The “Site” encompasses the Site and all of its content and policies, any modifications, updates, enhancements, revisions, new features, and/or the addition of any new web properties.  The Site is the property of There Goes My Hero, Inc., a Delaware corporation (“TGMH”).

2.              Information Collected. During your interactions with the Site, TGMH may request personal information from you or you may submit personal information to TGMH. The Site may collect and store the personal information you provide to the Site or the owner of the Site, including but not limited to your name, address, and phone number. TGMH may use server logs to record your Internet Protocol (IP) address and to collect general information about the visit to the Site, such as the time and length of the visit, and the web pages accessed during the visit. TGMH fully disclaims any duty to you regarding the storage and security of any information you provide the Site or the Site owner. TGMH endeavors to keep personal information secure and protected.  TGMH keeps your information safe using appropriate electronic and physical security measures.

3.              Financial Information Related to Donations and Payments. TGMH associates with certain third party financial intermediaries and payment processors (“Intermediaries”) to process financial transactions between TGMH and the public so as to facilitate donations to TGMH and to allow TGMH to make available certain goods or services.  Although TGMH partners with reputable Intermediaries, you should examine the Intermediaries’ privacy policy before providing personal financial information because TGMH cannot control nor is it responsible for Intermediaries’ information control procedures. TGMH may seek access to your personal financial information in the event of a dispute between you and TGMH or in the event that you breach a duty owed to TGMH. To the extent that you do provide personal financial information to TGMH, TGMH will protect that information using appropriate electronic and physical access controls.

4.              We Protect Your Privacy – TGMH does not sell or give away your information to third party commercial advertisers, other than as described below.  TGMH occasionally uses or shares personal information with third-party vendors to improve Site features, to make certain improvements or changes to the Site, or to provide goods or services for its users. TGMH will appropriately limit our partners’ access to personal information. TGMH may share your personal information with certain other charitable entities, non-profit groups, or other organizations that TGMH believes would advance the goals of TGMH.  TGMH will only share personal information with partners who legally bind themselves not to further disclose it to anyone else.  TGMH also reserves the right to share your personal information in the event of a dispute between you and TGMH or in the event that you commit any tort against TGMH or breach any duty owed to TGMH, contractual or otherwise.

5.              Links.  The Site may contain links to third party sites at which personal information is collected and used. Your visit to any third party website is governed by the privacy policy applicable to that site.  TGMH cannot control nor is it responsible for any such third party collection or use of your personal information.

6.              Chat Rooms, Blogs and Newsgroups.  TGMH may offer chat rooms, newsgroups, web logs, or other forums or tools which permit individuals to interact online or to share personal opinions and information with others. Any information you transmit online through such forums or tools will be made public and TGMH cannot control nor is it responsible for the use any third party may make of such information.

7.              Children Under 13.  The Site is a general audience site which is neither designed nor intended to collect personal information from children who are under the age of 13. In order to ensure compliance with the provisions of the Children’s Online Privacy Protection Act, children under the age of 13 should not provide any personal information to the Site.

8.              Cookies.  TGMH may use cookies from time to time to allow TGMH to automate access and the data entry functions of the Site, to tailor the Site to your preferences or interests, customize promotions or marketing, or identify which areas of the Site are more popular.  A cookie is a small, unique text file that a website can send to your computer hard drive when you visit that site.  TGMH does not make any cookie information available to third parties. Most web browsers can either alert you to the use of cookies or refuse to accept cookies entirely.  If you do not want TGMH to deploy cookies in your browser, you can set your browser to reject cookies or to notify you when a website tries to put a cookie on your computer. Rejecting cookies may impact your ability to use the Site.

9.              Feedback is the Property of TGMH.  TGMH values the feedback you give to improve the Site and make TGMH a better charity. TGMH wishes to legally use that feedback freely. Therefore, to the extent permitted by applicable law, any comments or materials (collectively “Feedback”) sent to TGMH including but not limited to questions, submissions, suggestions, ideas, postings, comments or the like shall become the property of TGMH upon receipt.  TGMH shall have no obligation of any kind with respect to such Feedback and shall be free to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform, copyright, create derivative works, distribute the Feedback to others and otherwise exploit the Feedback without limitation.  Further, TGMH shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any TGMH purpose.

10.           Privacy Policy Changes.  TGMH reserves the right to change this Privacy Policy at any time at its sole discretion and without notice to you.  All Privacy Policy changes are effective immediately.  Your continued use of the Site following any Privacy Policy changes will mean you accept those changes.

11.           Representation and Warranty Disclaimer: TGMH SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THE POLICY, STATUTE, REGULATION, COMMON LAW PRECEDENT OR DOCTRINE, OR OTHERWISE, EVEN IF TGMH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT.  IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, TGMH’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

12.           Jurisdiction and Venue.  THE POLICY IS GRANTED IN THE STATE OF MARYLAND AND SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MARYLAND, EXCLUDING ANY LAW OR CONFLICTS OF LAW PRINCIPLE THAT WOULD APPLY THE LAW OF ANOTHER JURISDICTION, AND EXCLUDING THE MARYLAND UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT.  EXCLUSIVE JURISDICTION FOR ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE SHALL BE ONLY IN THE FEDERAL OR STATE COURT WITH COMPETENT JURISDICTION LOCATED IN BALTIMORE, MARYLAND.  YOU CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION BY SUCH COURTS IN ANY SUCH ACTION.

13.           TGMH Contact Information.  If you have any questions or comments regarding this Privacy Policy, please contact TGMH using one of the options below:

Phone: (800)601-4370 Ext 102

e-mail:  survivior@theregoesmyhero.org

Site: www.theregoesmyhero.org

P.O. Box 701

Bel Air, MD 21014

Last Updated on 11/29/2010