TERMS OF Service

Heroic Natives and their Online Presence TERMS AND CONDITIONS OF USE

In order to use this site, you must read and agree to the following terms and conditions.

 

Native Heros and its websites have agreed to the terms and conditions set out below, which bind you legally. Access and use of nativeheros.com is conditioned on your compliance with these Terms and Conditions.

 

 

Native Heros and its websites (“Native Heros and its Websites”, “we”, “us”, or “our”) have agreed to these terms and conditions (“Terms of Use”) in order to govern your use of the Native Heros and its websites’ internet site located at https://www.nativeheros.com (the “Site”) and the associated web pages services, features, and functions provided by Native Heros and its websites (individually and collectively, the “Native Heros and its Websites Services”). Any and all branded, equivalent, mirror, alternative, substitute, or backup websites and web pages held by Native Heroes and its Websites are likewise included in the phrase “Native Heroes and its Websites Services.” All of the terms and conditions of this Agreement, including Native Heros and its websites’ policies for appropriate use of the services and the website’s privacy policy are outlined in this Agreement. You may be asked to download software or content, or agree to extra terms and conditions, in order to take part in Native Heros and the services it offers on its websites. If Native Heros and its websites and services have additional terms and conditions that you choose to participate in, such extra terms are hereby integrated into this Agreement.

 

TERMS AND CONDITIONS:

 

Native Heros and the services it provides through its websites are only available to those who are at least 13 years old; they are not aimed at youngsters under that age. If we determine, in our sole discretion, that you are under the age of 13, we will immediately deactivate your account. Those under the age of 18 must have their parent or guardian’s permission to use Native Heros and its Websites Services, as well as read and agree to be bound by these Terms of Use, on their behalf. If you are under the age of 18, you must have your parent or guardian’s permission to use Native Heros and its Websites Services, as well as read and agree to be bound by these Terms of Use, on their behalf. Use Native Heros and its Websites Services at your own risk. If your parent or legal guardian does not consent or cannot comply with any of the terms and conditions in these Terms of Use, do not use or attempt to use Native Heros and its Websites Services. Please do not use Native Heros or any of its websites or services if you do not agree with any or all of the terms and conditions mentioned in these Terms of Use. Wherever it is illegal to do so, you may not use Native Heros or any of our websites or services.

 

Whether you’re a “Guest,” meaning that you’re simply browsing the site or a “Customer,” meaning that you’ve registered with Native Heros and its Websites to make a purchase, you agree to the terms and conditions of our Agreement with you. “User” is a slang term for a visitor or a paying customer. The term “Agreement” refers to these Terms of Use, as well as any other terms and conditions that apply to and govern your use of any features, functions, and services we make available to you through our Native Heros and its Websites Services and any other terms and conditions referred to in any of the foregoing documentation. Our Privacy Policy is also included in these Terms of Usage and our use of the term “Agreement.” You agree to the terms of this agreement, even if your use of or participation in any service, feature, function or activity is terminated, expired, quits, is suspended, or deactivated for any reason, as long as you are a user of Native Heros and its Website Services.

 

Any time a User, either directly or through a machine or device, uses or attempts to use Native Heros and its Websites Services, transmits, receives and exchanges data or communicates in any way with Native Heros and its Websites, or in any other way utilizes, benefits from or interacts with any function, service or feature of Native Heros, is referred to as “using” in this Agreement. Nothing in this agreement affects your rights or responsibilities in relation to third-party content, including websites and links that may take you to or connect you to third-party websites and/or web pages. Native Heros and its Websites may assign these Terms of Use and any rights and licenses granted hereunder without restriction or notice to you.

 

PRIOR TO PURCHASE REGISTRATION

 

While you use Native Heros and its services, this agreement is in full force and effect. However, we reserve the right to limit or restrict access to certain areas of Native Heros and its websites and services at any time, without prior notice to you. You may access these parts of Native Heros at your own discretion and without incurring any costs or obligations.

 

No notice is required and no liability is assumed if Native Heros and its Websites restrict, suspend, or cancel your access to all or any part of the Native Heros and its Websites Services, for any or no reason. After your account or transaction is ended, the terms of this Agreement, including all sections, will continue in full force and effect

 

For some Native Heros and Websites Services, you agree to pay a fee to use them. Some Native Heros services, features, or functionalities need users to register and create an account before they can be accessed and used. Select and give us with a unique e-mail address as part of the registration procedure. You will be assigned an individual User ID and password. We may ask for further information from you if we need it. Please read our Privacy Policy, which explains how we collect, use, disclose, manage, and keep non-public, personally identifiable information (“Personal Information”). We require that you submit correct and complete information when creating your account. In order to protect yourself, you must keep your password safe, and you are solely responsible for any action that occurs under your User ID. It is entirely up to you to keep your password private and secure. You are the exclusive owner of your User ID and may not allow anybody else to use it. No one should be able to use another person’s User ID without their express consent. If your User ID is stolen, misappropriated, or compromised in any way, we will not be held responsible for any harm caused or linked to that harm. Any illegal use (or activity using) your User ID or any other necessity to deactivate your User ID due to security concerns must be reported to Native Heros and its Websites immediately. However, you may be liable for the losses of Native Heros and its Websites or others due to any unauthorized use of your account, even if Native Heros and its Websites are not liable for your losses.

 

Two. Changes

 

Any changes to this agreement made by Native Heros or any of its websites will be effective immediately upon publishing to this site and sending you an email notifying you of the changes. Using Native Heros and its Website Services after we post and notify you of these changes is an indication of your agreement to be bound by the changes once they become effective. To ensure that you are up-to-date on your rights and responsibilities and the terms of your agreement with us, please check back frequently and review this Agreement’s terms and conditions on a regular basis. If you have any questions or concerns, please contact us at support@nativeheroes.com. We will do our best to respond to you within a fair amount of time.

 

In terms of privacy, this is number three.

 

We are committed to safeguarding the confidentiality of your Personal Information at all times. If you have any questions or concerns about how Native Heros and its websites and services gather and utilize your personal information, we encourage you to review our Privacy Policy. Email us at contact@nativeheros.com if you have any concerns or questions about Native Heros’ privacy practices.

 

 

Fourth, ownership and exclusive rights.

 

all content, media, and materials provided by Native Heros and its Websites Services, including without limitation, all Native Heros and its Websites software and code; all Native Hero and its Websites software and code; all Native Hero and its Websites images; all Native Hero and its Websites media files; all Native Hero and its Websites artwork; all Native Hero and its Websites database information; and all works of authorship (including but not limited to any and all essays purchased via Native Heros and its Websites), interactive fe Under Canadian and foreign laws, regulations, and treaties, our content is legally protected. When we refer to “Native Heros and its Websites Services,” we include “Content,” too, unless the situation clearly dictates otherwise or we make that apparent in writing.

 

 

 

Unless otherwise stated, all content on this site is offered to you “as is” for your personal, non-commercial use only. Without our express and specific written permission, neither you nor any third party may reproduce, use, copy, modify, adapt, translate, create derivative works from, display or perform any Content (including without limitation on or via a third party website), or otherwise exploit any Content, without our express and specific written permission.

 

 

 

To the fullest extent permitted by law, you may use Native Heros and its Websites only in connection with your own personal, non-commercial, non-exclusive, non-assignable, and non-transferable usage. When using Native Heros and its Websites Services, you are prohibited from altering, deleting, or concealing the copyright and other intellectual property notices, including notices on any content that you download, display, print or reproduce. In and to the Site and the Content, Native Heros and its Websites reserve any and all rights not expressly granted. You must preserve all copyright and other proprietary notices if you download or print a copy of the Content for personal use. You undertake not to deactivate, circumvent, or otherwise interfere with Native Heros and its Websites Services’ security measures, or features that prohibit or restrict the use or copying of any Content or enforce limits on the use of Native Heros and its Websites Services or the Content therein. You may be held liable for civil liability or criminal prosecution if you misuse any of the Content, including if you use it in violation of this Agreement.

 

You may not access, extract, or download any Content from Native Heros and its Websites Services using any computerized or automatic mechanism, including without limitation any web scraper, offline reader, spider, or robot, unless Native Heros and its Websites explicitly enable you to do so. Using an automated system to access the Site in a manner which sends more request messages to Native Hero’s and its Websites servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser is prohibited by this agreement between you and Native Heros. In spite of this, Native Heros and its Websites allows search engine operators to utilize spiders to copy items from the site in order to create publicly accessible searchable indexes, but not caches or archives. These exceptions may be revoked at any time by Native Heros and its Websites, either in general or in specific circumstances. You undertake not to gather or harvest any personally identifiable information from the Site, nor to utilize the Site’s communication services for any commercial solicitation purposes. You warrant to Native Heros and its Websites that you will not use Native Heros and its Websites Services in any way that is unlawful or prohibited by this Agreement as a condition of your use of Native Heros and its Websites Services. Your use of the Content terminates immediately if you breach any section of this Agreement. You must destroy all copies of the Content that you have made. Not all content on the Native Heroes and its websites is appropriate for use outside Canada, nor does the company make any representations regarding its legality in other countries. If you access Native Heros or any of its websites or services from a country other than Canada, you are solely responsible for ensuring that you comply with all relevant import and export laws and regulations.

 

 

It’s time to close your account.

 

Send an email to contact@nativeheros.com with your password, e-mail address, and request for termination of your registration at any time and for any reason. We shall make every attempt to remove you from Native Heros and its Websites Services and the Site as soon as possible. The Native Heros and its Websites Services and this Site may be terminated at any time, for whatever reason, with or without prior notice to you or any other party, and without any liability or subsequent obligation of any kind whatsoever to you or any other party. Fees for services on the Site can be changed at any moment by Native Heros and its Websites at their sole and absolute discretion; the official standard rates can be found here on the Site.

 

Your username and password will be deleted from the system and you will no longer be eligible to receive any benefits if you cancel your order or if Native Heros and its Websites terminate your order. Any pre-paid but unused service costs will not be eligible for a pro-rated or partial return.

 

Your payment card (which you recognize was submitted by you into the paid Membership sign-up page) is hereby authorized to be charged for purchase orders from Native Heros and its Websites. All charges incurred by you while using Native Heros and its Websites Services are your responsibility. After your registration is terminated, you will still be liable for any charges incurred.

 

Disclaimers and limitations of liability are included in the sixth paragraph of this document.

 

 

 

Any and all representations or warranties of any kind are hereby disclaimed by Native Heros and its Websites, including, but not limited to, all warranties of merchantability, fitness for a particular purpose, title and non-infringement, as well as any and all representations or warranties of any kind, express or implied. The Native Heros and its Websites provide and provide no guarantee or assurance that the services, products, features, functions, content, or operations of the Native Heros and its Websites will be available or perform as described at any particular time or times. Aside from that, Native Heros and its Websites is not responsible or responsible for 1) Malicious code; 2) Delays, Inaccuracies, ERRORS, MISTAKES, or Omissions that arise out of your use of Native Heros and its Websites Services or any linked sites; 3) Your use of Native Heros and its Websites Services or any linked sites; 4) Your use of any Native Heros and its Websites Services or any linked sites; and/or your use of any third-party products or services. In the event of unauthorized access to or use of our secure servers, including but not limited to any and all personal information and/or financial information stored therein, or in the event of any interruption or cessation of transmission to or from our site, we reserve the right to take appropriate legal action. If you are concerned about any bugs, viruses, trojan horses, or the like that may be transmitted to or through our site, or if you are concerned about the defamatory or obscene conduct of other users or third parties on our site, please let us know. The use of Native Heros and its Websites Services and the features and functions of and/or associated with Native Heros and its Websites Services are entirely at your own risk, you acknowledge and agree.

 

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER Native Heros and its Websites, nor any of its affiliates, nor any of its or their respective successors and assignees, nor any of its or their respective representatives or agents shall be liable for any direct or indirect loss or damage caused by the use of Native Heros and its Websites SE. You understand and agree that neither Native Heros and its Websites nor its affiliates, nor any of their respective representatives or agents shall be liable for any direct or indirect loss or damage caused by the use of Native Heros and its Websites SE.

 

Any claim that a sole or exclusive remedy provided in this Agreement may or does fail of its essential purpose, you acknowledge and agree that your sole and exclusive remedy shall be to have Native Heros and its Websites, upon written notice from you, attempt to repair, correct, or replace any services provided under this Agreement and, if repair is not reasonably commercially practicable, to refund any monies actually pended by you on such services. As a further consideration, you understand and acknowledge that the capacity of Native Heroes and its Websites Services in the aggregate and for each individual user is limited, which means that some messages and transmissions may not be processed in a timely manner or at all; and that some services, features, and functions may be restricted, delayed, or completely inoperable. Since Native Heros does not assume any responsibility or obligation to transmit, process or store any transactions and does not guarantee the timeliness and performance of its services for the transmissions, Native Heros and its Websites advise you not to rely on their services for any transactions. Some of the exclusions and restrictions specified in this Agreement may not apply to you because certain jurisdictions may not allow the exclusion of certain warranties or limitations on damages and remedies.

 

 

A Canadian company, Native Heroes, is in charge of the services it provides through its websites. There are no guarantees that this Site is appropriate or available for use in other areas. Native Heros and its Websites You are solely responsible for complying with local laws if you access or use this site from outside your home country.

 

INJUNCTIVE RELIEF

 

If you breach any of these terms, you agree to hold harmless all of Native Heros, its affiliates and subsidiaries as well as each of their respective officers and directors as well as their partners, employees and agents. This includes any claims or actions brought against Native Heros or any of its Websites; as well as any obligations or liabilities that may result from your breach of these terms (including reasonable attorneys’ fees). Native Heros and its Websites, affiliates and subsidiaries, as well as each of their officers, directors, partners, employees and agents These Terms of Use and your use of Native Heros and its Websites Services shall not be construed as a waiver of this defense and indemnification commitment.

 

In the event that Native Heroes and its Websites decides to assume the defense and control of any such claim or action, you agree to fully cooperate with Native Heroes and its Websites in the defense of such claim, action, settlement or compromise negotiations, as requested by Native Heroes and its Websites.

 

This agreement is subject to the laws of the State of California, U.S.A.

 

You and Native Heros and its Websites agree that this Agreement, as well as our Privacy Policy and any additional terms and conditions that apply to your use of any specific services, features, and functions or the purchase of any products, as well as any other documents, policies, and provisions we refer to in any of the foregoing, all of which are hereby incorporated by this reference, constitutes the entire agreement between you and us. There is no effect on the other provisions of this agreement and this agreement will be deemed amended in the extent necessary to make this Agreement legal, valid, and enforceable. However, no action arising from this agreement or your use of Native Heros and its websites services, regardless of form or basis of the claim, may be brought by you more than one year after the cause of action has arisen; (or if multiple causes, from the date the first such cause arose).

 

For the purposes of this Agreement and your use of Native Heroes and its Websites Services, the substantive laws of Ontario applicable to contracts made, signed, and wholly performed in that province will govern.