This website, GlobalHeroFitness.com, is operated by GlobalHeroFitness, LLC, (“we,” “us,” or “our”). By accessing our Website and/or using our products or services in any way, you are agreeing to comply with and be bound by these Terms. In addition, when using our Website, you agree to abide by any posted guidelines for all of products or services, which may change from time to time, and to comply with all applicable laws, regulations and rules. If you object to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the Website or our products or services, you should immediately discontinue use of the Website. These Terms remain in force and effect as long as you are a user of the Website and/or a registered user. In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability. You should periodically review these Terms. GlobalHeroFitness.com reserves the right, at any time, to change the Terms by publishing revised terms on the Website. Any use of the Website and/or our products or services by you after our publication of any such changes shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or additional purchase of products or services. You agree that GlobalHeroFitness.com is permitted to access and use any other information provided by you to provide products or services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the products or services we provided to you.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE. BY USING THE WEBSITE AND AGREEING TO THESE TERMS, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO A CONTRACT.

Nature of Service

GlobalHeroFitness.com provides fitness information that it believes to be of use.  However, GlobalHeroFitness’ articles are not written by medical professional, and should be read for informational purposes only.  ALL INFORMATION IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY HEALTH CONDITIONS. NO INFORMATION PROVIDED SHOULD BE USED AS A SUBSTITUTE FOR MEDICAL DEVICE. THE U.S. FOOD AND DRUG ADMINISTRATION HAS NOT EVALUATED ANY STATEMENTS, PRODUCTS, HEALTH TOPICS, SUGGESTED PRODUCT COMPOSITIONS, OR LAB TESTS ON THIS SITE.

You should consult with a licensed medical doctor prior to engaging in any fitness activities described on GlobalHeroFitness.com, or using any supplements or other nutritional items recommended, to ensure that such practices are safe for you.

Federal Trade Commission Act Disclosure

You are hereby notified that GlobalHeroFitness.com may, but does not necessarily, receive direct or indirect compensation for endorsements, advertisements, or other promotions of third party products and services.

Rules of Use

When using our Service, there are certain rules of use which apply to your activities.  You must not:
Violate the laws of the Republic of Serbia AND the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country. Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of GlobalHeroFitness.com or its delegates. Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party. Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the GlobalHeroFitness.com, Service, or its Users’ computers.

Payment & Refunds

Unless otherwise stated, all prices are listed in United States dollars.  Payments for any paid services, such as books, fitness or nutritional plans, or other services, may be made using our third party payment processing providers, Stripe and PayPal.  Any issues with payment processing should be addressed to Stripe, PayPal and/or your card issuer directly, though you may contact GlobalHeroFitness.com as well and we may attempt to assist in resolving issues with your payments.

If you are not satisfied with our Service after 30 days of using it, you may contact us via our contact page and request a refund. All sales through the Site are final and refunds are given out in the sole discretion of GlobalHeroFitness.com.

Our Copyright

Our content is important to us, as GlobalHeroFitness.com is largely a content-based business.  You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, without receiving our prior written permission.

Your Copyright

GlobalHeroFitness.com must be assured that it has the right to use the content that is posted to its Site by its Users, whether it is posted in its blog or elsewhere.  Such content may include, but is not limited to, photographs, videos, text, audio, and other materials.  Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us.  You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

Branding

“GlobalHeroFitness” and “TheGlobalHero” are protected marks used by us, GlobalHeroFitness, LLC, to uniquely identify our Site, Service, and business.  You agree not to use these marks anywhere without our prior written consent.  Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent.  You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own fitness-related business.

Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time.  You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

Copyright & Trademark Infringement

If you believe that your copyright has been infringed, please send us a message which contains:
Your name.
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our website of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification electronically and send it to us.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE.  YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT.  TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING STRIPE OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND STRIPE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.  IF PAYMENT ISSUES OCCUR, PLEASE CONTACT THE RELEVANT THIRD PARTY OR PARTIES DIRECTLY.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.  NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it.  You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

Choice of Law

This Agreement shall be governed by the laws in force in the Republic of Serbia.  The offer and acceptance of this contract are deemed to have occurred in the Republic of Serbia.

Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the Republic of Serbia.  Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be head solely within the lowest court of original jurisdiction having the authority to hear civil matters in the Republic of Serbia. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, GlobalHeroFitness.com shall have the sole right to elect which provision remains in force.

Non-Waiver

GlobalHeroFitness.com reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Termination & Cancellation

We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases.  Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will post the changes here.  You must read this page each time you visit our Site, and if you do not agree to the current version, you must cease using our Service immediately.