Privacy Policy

 

ToMyHero.com is a website dedicated to the heroes in our lives . . . whether they are soldiers, veterans, police, fire fighters, or even pets.  Posting a tribute to our heroes on ToMyHero.com is the best way to honor the people who inspire us, and who lead by example.

 

Our Commitment to Privacy

 

 

We respect the privacy of your information. We provide this explanation about our online information practices as a show of our commitment to protect your privacy.

 

We do not sell, rent or share or in any other way use personally-identifying information collected during your use of our Web site without your permission.

 

The Information We Collect

 

At the time you register on our site, we collect and store your name, address, and other personally-identifying information. At the time you make a purchase request, we collect your credit card number and other personally-identifying information.

 

The customer information we collect is categorized as follows:

  • Application Information–information that you provide to us through our Web site and through other means. Examples include your physical address, zip code and phone number.
  • Transaction and Experience Information–information about your transactions with us, as well as information about our communications with you. Examples include your account history, requests for information and our responses.
  • Information from Outside Sources–information from outside sources regarding your credit, background and other relationships. Examples include your employment history and public record information.

 

We need this information to provide goods and services that you request, to let you know of additional goods and services about which you might be interested, and to authorize our retail partners and service providers to provide services to you. We also use this information to customize your experience using our Web site.

 

We may also share the information we collect about you with third parties from one or more of the following categories:

 

  • Retailers.
  • Credit Card Companies.
  • Banks.
  • Government Agencies.

 

We may ask you for personally-identifying information at other times, such as if you enter into a promotion, post a classified ad, communicate with us, or complete a survey. If you opt-in to receive information regarding a promotion, you give us your permission to share your name and e-mail address with the third party offering the promotion.

 

In addition, we automatically gather general statistical information about our Web site and visitors, such as IP addresses, browsers, pages viewed, number of visitors, goods and services purchased, etc., but in doing so we do not reference you by individual name, e-mail address, home address, or telephone number. We use this data in the aggregate to determine how much our customers use parts of our site so we can improve our site. We may match user information we collect with offline data available from other sources in order to carry out our services and conduct target advertising and promotions more effectively.

 

As part of our service, we use cookies to store and sometimes track information about you. Some features of our site may be available only through the use of a cookie. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer’s hard drive. Generally, we use cookies to remind us who you are and enable us to access your account information so you do not have to reenter it; gather statistical information about usage by registered or unregistered users, research visiting patterns, and help target advertisements based on user interests; assist our retail partners track visits and process orders; and track progress and participation in promotions. In some instances, our retail partners and advertisers appearing at our site may use their own cookies. Preference and options configurations in your browser determine if and how a cookie will be accepted. You can change those configurations on your computer if you desire. By changing your preferences, you can accept all cookies, you can be notified when a cookie is set, or you can reject all cookies. If you do so and cookies are disabled, you may be required to reenter your information more often and certain features of our site may be unavailable.

 

The Way We Use Information

 

 

We use your personally-identifying information to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our site’s content, layout, and services.

 

We may use your information to deliver information to you that, in some cases, is targeted to your interests, such as targeted banners, new services and promotions. You can opt out of receiving this information by sending an email to OptOut@ToMyHero.com, and typing “Opt Out” in the subject line. We may ask you to provide us voluntarily with additional information regarding your personal or business interests, experience or requests, which we may use to customize our service for you.

 

We use your e-mail address, your mailing address, and phone number to contact you regarding administrative notices, new service offerings and communications relevant to your use of the site. We will not send you promotions or announcements unless you give us permission to do so. You can opt out of receiving this contact by sending an email to OptOut@ToMyHero.com, and typing “Opt Out” in the subject line

 

If you place a request for products or services, we use information to ship your order; if the products or services are from a retail partner, we may provide your relevant information to that retailer for purposes of the transaction. If you establish a credit account with us or our providers, we collect additional information, including billing information, credit card number and expiration date, and tracking information from checks or money orders.

 

We may also use or disclose information to resolve disputes, investigate problems, or enforce our User Agreement. At times, we may review status or activity of multiple users to do so. We may disclose or access information whenever we believe in good faith that the law so requires or if we otherwise consider it necessary to do so to maintain service and improve our products and services.

 

We use your IP address to help diagnose problems with our server, to manage our Web site and to enhance our site based on the usage pattern data we receive.

 

During the normal course of doing business, we will continue to share your information among our business units, our affiliates and unaffiliated third parties as necessary in order to service your accounts with us.

 

 

Security

 

 

We employ reasonable and current security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of information.  

 

Your account information and profile are password-protected. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. Remember to sign out of your account and close your browser window when you have finished your session. This is to help ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place where others may have access to it.

 

Whenever you voluntarily disclose personal information online–for example on message boards, through e-mail or in chat areas–that information can be collected and used by others.

 

No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.

 

Children Under 13

 

 

Our website is not intended for children under 13 years of age.  However, we have no way of distinguishing the age of individuals who access our Web site, and so we carry out the same Privacy Policy for individuals of all ages. If a child has provided us with personally-identifying information without parental or guardian consent, the parent or guardian should contact us to remove the information and opt out of promotional opportunities.

 

Third Party Practices

 

 

The Privacy Policy of an advertiser or promotional service appearing at our site may differ from ours. We encourage you to read that policy before responding to the offer.

 

 

Changes to Our Policy

 

 

This Privacy Policy became effective on April 4, 2014. Any changes to our Privacy Policy will be communicated through our Web site at least 10 days in advance of its effective date. Information collected before changes are made will be secured according to the previous Privacy Policy.

 

 

Your Consent

 

 

By using our Web site, you consent to the collection and use of this information in the manner we describe.

 

Terms of Use

 

Please read carefully! These Terms of Use set forth important details about your relationship with ToMyHero.com – the website dedicated to the heroes in our lives  – including the rights you grant to us, restrictions on how you can use this web site, and our liability in the event something goes wrong.

This web site, located at www.ToMyHero.com (the “Site”) is owned and operated by  ToMyHero.com, Inc. (“ToMyHero,” “We” or “Us”).  ToMyHero.com is a website dedicated to the heroes in our lives . . . whether they are soldiers, veterans, police, fire fighters, or even pets.  Posting a tribute to our heroes on ToMyHero.com is the best way to honor the people who inspire us, and who lead by example.

By accessing, using, registering for, or purchasing any services from the Site, you agree to be bound by these Terms of Use (the “Terms”). All visitors to and users of any aspects of the Site (collectively “Users”) are bound by these Terms. We reserve the right to modify the Terms at any time without prior notice to you. Therefore, We recommend that you read these Terms carefully each time you use the Site. By accessing, using, signing in or registering to use the Site, you accept all the provisions of these Terms.

If you are unwilling to be bound by these Terms, you should not access, use, register for, or purchase services from the Site.

General Information Only

The content of the pages of this website is for your general information only. It is subject to change without notice.

Registration

In order to access some features of the Site, you may be required to register and to select a user name and a password.  If you register, you agree to provide Us with accurate and complete registration information, and to inform Us immediately of any updates or other changes to such information.  We reserve the right to refuse registration of, or cancel a user’s registration,  in our discretion.

Security

You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your user name and password. Any user name and password for your access to the Site shall be for your personal, non-commercial use only.

Use of the Site and Licenses

We grant you a limited license to make personal use of the Site. Users of the Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right held by Us or any third party.

You acknowledge and agree that We do not control any information, messages or commentary or other user content posted to the Site such as content or accuracy of the information contained in tributes to Heroes which we exibit as part of our portfolio on the Site (collectively ‘User Content”), or any links to other websites, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent our views.

Any unauthorized use of the Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Additional Restrictions on Rights of Use

You agree that you shall not:

  • download, modify, reproduce, or in any way commercially exploit any portion of the Site, except and to the extent expressly permitted under these Terms;
  • remove any copyright, trademark or other proprietary rights notice contained on the Site;
  • create User accounts under false or fraudulent pretenses or by automated means;
  • transmit to other Users unsolicited “spam”;
  • submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any User Content offered on the Site other than for your personal, non-commercial use;
  • use the Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
  • support or advocate for any terrorist groups of any nature whatsoever, including, but not limited to, Al Qaeda, Hezbollah, Hamas, ISIS, ISIL, the Islamic State.

User Content Posted on the Site

You understand and agree that:

  • You will not post to the Site any User Content that is false, inaccurate, misleading, fraudulent or defamatory;
  • You will not post to the Site any User Content that supports or advocates for any terrorist group of any nature whatsoever, including, but not limited to, Al Qaeda, Hezbollah, Hamas, ISIS, ISIL, or the Islamic State;
  • You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party’s prior written consent.
  • By uploading User Content to the Site, you represent and warrant that you have all rights and authority necessary to grant, and do hereby grant: (i) Us an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content.

We retain the right to remove any User Content from the Site that in our sole discretion violates any of the restrictions or guidelines defined in these Terms.

Copyrights

If you believe any User Content or any other aspect of the Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. 512) by providing the following information:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email 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 owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent for notice of claims of copyright infringement on the Site may be reached at the following address:

  1. Alexander Floum, Esq.
    The Williams Firm

1850 Mt. Diablo Blvd., Suite 340

Walnut Creek, CA 94596

Or by email: afloum@williams-firm.com

If you believe that your User Content that was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice We received is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, We may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Ownership

As between you and Us, the Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors.  Nothing contained in these Terms shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Site are the proprietary property of Us or their respective owners, as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the trademark owner.

Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation on Liability

IN NO EVENT SHALL WE OR OUR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, OUR RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Some of the limitations of liability may not be enforceable in some states.  These Terms shall be severable, so that if any limitations of liability are voided, the remainder of these Terms shall remain binding.

Indemnity

You agree to indemnify and hold Us and our respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Site, (ii) your use of the Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms, (vi) any use of your user name or password by you or any third party, or (vii) the infringement or other violation of any intellectual property or other right of any person or entity.

Third Party Advertisements and Sites

We may display advertisements from third parties on the Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by Us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT OR ANY LINKED THIRD-PARTY SITE.

Changes to Terms

We reserve the right to make changes at any time to these Terms. Any modifications to these Terms will be effective upon posting. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Site after any modifications indicates your acceptance of the modified Terms.

Applicable law

By visiting the Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Us. You further agree these Terms of Use are entered into in Modesto, California, that the services provided on the Site are provided from Stanislaus County County, California, and that venue is proper in Stanislaus County, California, courts.