HusbandHero Terms and Conditions of Service

This page contains the user agreement between you and Husband Hero, LLC, the owner and publisher of the HusbandHero.com website. This agreement sets forth the terms and conditions for your use of this site. Your use of the site constitutes your agreement to these terms and conditions. You may wish to print this page for reference. Please also review our Privacy Policy which is a part of this agreement and describes how HusbandHero treats your personal information.

1. ACCEPTANCE OF TERMS
   Husband Hero, LLC doing business as HusbandHero.com, ("HusbandHero") provides the following service to you as a subscribed user, subject to these Terms and Conditions of Service ("TACOS"), which may be updated periodically without prior notice. Failure to comply with these TACOS may result in account revocation.
2. DESCRIPTION OF SERVICE
   HusbandHero.com is a web-based email message service offering its users romantic ideas and special occasion reminders (herein referred to as “HusbandHero”, the “Service”, or the “Site”) for use in their efforts to enhance their marriage relationships. The Service is initiated and accessed through a web browser. Once registered with HusbandHero, each user receives his or her own account allowing input of information about special occasions and personal “favorites” lists that will be provided to a husband by email throughout the course of a subscription year. By using the Service, you agree to this structure, and to HusbandHero's right to change, modify, or discontinue any type of account and/or its respective services.
   
3. GENERAL DISCLAIMER
   A subscription to this Service will not guarantee that the husband will perform on monthly recommendations or that your marriage will improve (but if you work at it, it is quite likely…). If you are a wife, signing up your husband for the service is not a negative admission and is not inferring that he needs help. Likewise, if you are a husband subscribing to the Service, it is not an admission that you are inadequate in the romance department; but rather a wise recognition that this Service can make you better at regularly romancing your bride. This site is a well-meaning service offer intended to improve the potential romance and relationship strength in marriage.
4. REGISTRATION OBLIGATIONS Account registration and verification is required in order to create a HusbandHero account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your information change after submitting it to HusbandHero, you are required to update that information as soon as possible. Should HusbandHero suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that HusbandHero's privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to customerservice@husbandhero.com.
5. ACCOUNT PASSWORD As part of the registration process for the Service, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Service, and agree that HusbandHero will have no obligations with regard thereto.
6. ELIGIBILITY Subscription to and use of the HusbandHero service is void where prohibited. By using the HusbandHero service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the HusbandHero service does not violate any applicable law or regulation. HusbandHero expressly reserves the right to refuse service or subscription to any party in HusbandHero’s sole and absolute discretion without any requirement to explain or justify the refusal of service.
7. YOUR RIGHTS HusbandHero grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials provided hereon, provided that you comply fully with this TACOS. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site or any part of it in any way.
8. FEE-BASED SERVICE CHARGES Certain features of the Service are available only through the purchase of a Service subscription.
   (a) You agree to pay, using a valid payment card or method which HusbandHero accepts, the monthly or annual subscription charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access the Service. HusbandHero reserves the right to increase fees, surcharges, and Site subscription fees, or to institute new fees at any time, upon notice posted two weeks in advance on this Site. You agree that HusbandHero may automatically charge your account for renewal of your Site subscription unless you notify HusbandHero in writing at least fifteen (15) days prior to the expiration of the Service subscription of your desire to terminate the Service. The renewal charge will be the current published rates for the term of your subscription. HusbandHero will send you a notice of the renewal shortly after your renewal payment is posted. In the event HusbandHero cannot charge your account, we reserve the right to terminate your access to the Service. If you purchase an annual subscription to access the Service and cancel within three months, HusbandHero will refund half of the subscription amount. If the Service is canceled after three months of use, HusbandHero will not make any refund for that subscription. HusbandHero reserves the right to make reasonable effort to resolve customer issues within a thirty (30) day cure period before a cancellation is finalized. Any refund due from a cancellation will be credited to the payment card or method used to create the Service account.
   (b) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Service, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Service.
   (c) For purposes of identification and billing, you agree to provide HusbandHero (or its contracted billing agent) with accurate, complete, and updated information required by the site subscription registration to Services ("Registration Data"), including your name, address, telephone number(s), and applicable payment data (e.g., credit card number, name and billing address, e-mail address, and expiration date). You may check your account profile to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at HusbandHero's option, result in immediate suspension or termination of your right to use the Service.
   (d) You agree to promptly update your Registration Data in the event of a change, expiration, or cancellation to your credit card or other method of payment, any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data.
   
9. HUSBANDHERO PRIVACY POLICY Your use of the Service is subject to HusbandHero's privacy policy. For information on HusbandHero's privacy practices, please see the entire privacy policy.
10. INDEMNITY You agree to indemnify, defend, and hold HusbandHero, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any and all alleged claims or demands, including without limitation attorneys’ fees and court costs incurred, in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this TACOS made by any third party due to or arising out of your actions on the Site, your use of the Service, your connection to the Service, your violation of the TACOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access. You shall cooperate as fully as reasonably required in the defense of any claim. HusbandHero reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of HusbandHero.
11. INTERNATIONAL USE ADMONITIONS Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
12. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that HusbandHero will send you email communication as part of your use of the Service; however, HusbandHero will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that HusbandHero may establish limits concerning use of the Service and may modify these limits at any time.
13. MODIFICATIONS TO SERVICE HusbandHero reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that HusbandHero shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
14. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.
15. TERMINATION In addition to any other rights of the parties set forth herein, HusbandHero may cancel or terminate this TACOS at any time. You agree that HusbandHero, in its sole discretion, may terminate your password, information storage, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if HusbandHero believes that you have violated or acted inconsistently with the letter or spirit of the TACOS. Any contracts, verbal or written or assumed, in conjunction with your cancelled account and all its parts, at HusbandHero's discretion, will be terminated as well. HusbandHero may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. HusbandHero may elect, in its sole discretion, to provide a pro-rata refund of the annual membership fee in the event of a discretionary termination without cause by HusbandHero. You agree that any termination of your access to the Service under any provision of this TACOS may be effected without prior notice, and acknowledge and agree that HusbandHero may immediately deactivate or delete your HusbandHero account and all related information and files. If HusbandHero terminates this TACOS (and therefore your access to the Site) based on a breach of any portion of this TACOS, HusbandHero reserves the right to refuse to provide access to the Site or a subscription to the Service to you in the future. You agree that HusbandHero shall not be liable to you or any third-party for any termination of your access to the Service.
16. FORUMS AND COMMUNICATIONS HusbandHero may make available to users of the Service e-mail notices, newsletters, articles, book reviews, book abstracts, message boards, bulletin board services, chat rooms, or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the "Forums"). You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, (the “Communications”), including to any Forum. HusbandHero and its Affiliates (as later defined) do not endorse or accept any Communication as their own or representative of their views. By transmitting any Communication to the Site, you grant HusbandHero an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You warrant that you have the right to grant these rights to HusbandHero. You hereby waive all rights generally known as "moral rights" in your Communications, to the extent they can be waived, under any existing or future law of any jurisdiction. All ideas and testimonials submitted to HusbandHero through the site, by email, or by any other method become the exclusive property of HusbandHero. HusbandHero reserves the right to edit any idea or testimonial for length, content, appropriateness, for use in Site communications, business partner offers, etc. If submission is part of a contest (one-time or on-going), HusbandHero reserves the right to select from among similar submissions and use/award on a best-of-class basis (vs. first submitted). You agree to release HusbandHero from any and all alleged claims related to the use of these materials and agree to hold HusbandHero harmless from any and all such claims. Should a user need to communicate with HusbandHero, such communication should be submitted electronically by email or site submissions. Due to the number of communications and emails, HusbandHero is unable to guarantee a response to all email messages and other submissions. If your communication is urgent, please send an email message to customerservice@husbandhero.com with the word “Urgent” in the subject line.
17. PUBLIC COMMUNICATIONS You acknowledge and agree that any Communications made to or by means of any Forum are public. You acknowledge that you have no expectation of privacy in any public Communication and no confidential, fiduciary, contractually implied or other relationship is created between you and HusbandHero by reason of your transmitting a public Communication to any Forum on the Site.
18. ADVERTISEMENTS AND PROMOTIONS You understand and agree that some or all of the Service may include advertisements and that these advertisements are necessary for HusbandHero to provide the Service. By using the Service, you agree that HusbandHero has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by HusbandHero throughout the Site and Service are subject to change at the discretion of HusbandHero. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HusbandHero shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
19. INFORMATION PROVIDED You acknowledge that any reliance upon any idea, advice, opinion, statement, or other information displayed or distributed through the Service, including any of the Forums, is at your sole risk. HusbandHero reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that HusbandHero is not responsible for any materials posted by users of the Service. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither HusbandHero nor its Affiliates (as later defined) shall have any liability arising from your purchases of third-party goods or services based upon the information provided by third-party vendors on the Site.
20. LINKS The Service, or relevant third parties, may provide links to other web sites or resources. Because HusbandHero has no control over such sites and resources, you acknowledge and agree that HusbandHero is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HusbandHero shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
21. HUSBANDHERO AND HUSBANDHERO.COM PROPRIETARY RIGHTS All materials on the Site, including without limitation text, images, software, audio and video clips, databases, and services (collectively, the "Content") are owned or controlled by HusbandHero, which retains all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site, the Service, or any portion thereof, without limitation, for any public and/or commercial use without the prior written permission of HusbandHero. Except as permitted under HusbandHero’s Affiliate Branding guidelines, you agree not to use any trademarks, service marks, names, logos, or other identifiers of HusbandHero or its employees, licensors, independent contractors, providers, and affiliates (collectively, "Affiliates") without the prior written permission of HusbandHero or the relevant Affiliate. In addition, you may not use our trademarks:
    (a) in, as, or as part of, your own trademarks or those of any third parties;
    (b) to identify products or services that are not those of HusbandHero;
    (c) in a manner likely to cause confusion; or
    (d) in a manner that implies that HusbandHero sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
    You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential design, programming, and information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All HusbandHero code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HusbandHero or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content, the Service, or the Software, in whole or in part.
    TRADEMARKS
    A partial list of U.S. trademarks owned by HusbandHero follows. Any questions concerning the use of these trademarks or whether a trademark that does not appear on this list is a trademark of HusbandHero should be referred to HusbandHero at customerservice@husbandhero.com. Failure of a mark to appear on this page does not mean that HusbandHero does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Any trademarks followed by ™ are registered trademarks of HusbandHero in the United States; all others are trademarks or common law marks of HusbandHero in the United States.
    
    HusbandHero™
    HusbandHero.com™
    Creating closer couples.™
    Reminding husbands how to be romantic.™
    Strengthening marriage…one couple at a time.™
    Saving the world…one marriage at a time.™
    
    HusbandHero Logo, Logotype, and Combinations:
    
22. MEMBER CONDUCT
    You understand that all Content, including without limitation, all information, data, text, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the person from which such Content originated. HusbandHero does not control all Content posted on the Site and within the Service and, as such, does not guarantee the validity or quality of such Content.
    
    You agree to NOT use the Service to:
    • Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
    • Harm minors in any way;
    • Impersonate any person or entity, including, but not limited to, a HusbandHero employee, staff member, or volunteer, or falsely state or otherwise misrepresent your affiliation with HusbandHero or any other person or entity;
    • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    • Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
    • Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    • Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service;
    • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
    • Collect or store personal data about other users for business purposes;
    • Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
    • Allow usage by others in such a way as to violate HusbandHero's TACOS;
    • Engage in commercial activities within HusbandHero or on behalf of HusbandHero without prior approval. This includes displaying a banner that is designed to profit you or any other business or organization;
    • Employ tactics to prevent the full and complete display of advertisements on HusbandHero pages. These include, but are not limited to, making style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements on an account's Content or other pages within the Service.
    • Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.
    • Exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing content when you have not been granted the privileges to do so.
    • Make excessive or otherwise harmful automated use of the system.
    If HusbandHero determines, in its sole and absolute discretion, that any user is in violation of the TACOS, HusbandHero retains the right to terminate such user's account at any time without prior notice.
23. DISCLAIMER OF WARRANTIES
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    
    (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HUSBANDHERO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    (b) HUSBANDHERO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HUSBANDHERO.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TACOS.
    
24. LIMITATION OF LIABILITY
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT HUSBANDHERO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HUSBANDHERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT, HUSBANDHERO’S LIABILITY SHALL NOT EXCEED TWENTY-FIVE ($25.00) U.S. DOLLARS. HUSBANDHERO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO SUBMIT DISPUTES TO ARBITRATION.
25. GENERAL INFORMATION
    The TACOS constitutes the entire agreement between you and HusbandHero and governs your use of the Service, superseding any prior agreements between you and HusbandHero (including, but not limited to, any prior versions of the TACOS) and any prior representations by HusbandHero. The laws of the State of California, U.S.A, shall govern (excluding its choice of law rules) the TACOS and the relationship between you and HusbandHero. You and HusbandHero agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Riverside, California, U.S.A. The failure of HusbandHero to exercise or enforce any right or provision of the TACOS shall not constitute a waiver of such right or provision. If any provision of the TACOS is found by a court of competent jurisdiction to be invalid the other provisions of the TACOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TACOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TACOS are for convenience only and have no legal or contractual effect.
    
26. MODIFICATIONS
    (a) To the TACOS.
    HusbandHero has the right to modify this TACOS agreement and any policies affecting the Site and Service. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail or conventional mail. Your continued use of the Site following posting or notice of any modification to this TACOS shall be conclusively deemed an acceptance of all such modification(s). You should periodically visit this page to determine the then-current TACOS to which you are bound. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of HusbandHero in providing the Site, including without limitation, (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the policies of the TACOS.
    (b)To the Site and Service.
    HusbandHero has the right to modify, suspend, or discontinue the Site or Service or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Service offered. HusbandHero may also impose limits on certain features and services or restrict your access to parts or all of the HusbandHero Site without notice or liability.

© 2008 Husband Hero, LLC
Last Updated: 6/20/2008 4:30 PM PDT