Terms of Service

Last updated: Mar 22, 2024 3:43 PM

Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the https://www.aaheroes.org website (the "Website") operated by All American Heroes Foundation, a(n) Not For Profit formed in Washington, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

Impersonating or attempting to impersonate All American Heroes Foundation or its employees, representatives, subsidiaries or divisions;

Misrepresenting your identity or affiliation with any person or entity;

Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;

Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;

Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;

Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;

Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;

Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;

Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;

Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;

Otherwise attempting to interfere with the proper working of the Website;

Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

NO WARRANTY ON WEBSITE

THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL ALL AMERICAN HEROES FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF ALL AMERICAN HEROES FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2022 - 2024 All American Heroes Foundation or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of All American Heroes Foundation and are either registered trademarks, trademarks or otherwise protected intellectual property of All American Heroes Foundation or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Aaron McArthy at info@aaheroes.org.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;

A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;

Your name, email, address and telephone number; and

A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

All American Heroes Foundation

Aaron McArthy

info@aaheroes.org

612-390-5148

Roy, WA 98580

UNITED STATES

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of the state of Washington, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Pierce County County, Washington.

YOU AND ALL AMERICAN HEROES FOUNDATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

Questions

If you have any questions about our Terms of Service, please contact us at info@aaheroes.org.

Privacy Policy

Last updated: Mar 22, 2024 4:22 PM

We value your privacy very highly. Please read this Privacy Policy carefully before using the https://www.aaheroes.org Website (the "Website") operated by All American Heroes Foundation, a(n) Not For Profit formed in Washington, United States ("us," "we," "our") as this Privacy Policy contains important information regarding your privacy and how we may use the information we collect about you.

Your access to and use of the Website is conditional upon your acceptance of and compliance with this Privacy Policy. This Privacy Policy applies to everyone, including, but not limited to: visitors, users, and others, who wish to access or use the Website.

By accessing or using the Website, you agree to be bound by this Privacy Policy. If you disagree with any part of the Privacy Policy, then you do not have our permission to access or use the Website.

What information we collect

We collect any and all information that you enter on this Website. We collect the following information about you:

Category of information Specific piece of information

Identifying information Name

Identifying information Postal / Shipping address

Identifying information Billing address

Identifying information Phone number

Identifying information Email address

How we may use your information

We may use the information that you provide us for the following:

Enforcing our Terms of Service;

Marketing and advertising;

Participation in surveys and contests;

Performing services;

Processing or fulfilling orders or transactions;

Verifying customer information.

Cookies

A cookie is a small piece of data sent from a website and stored on your device by your browser. Cookies are generally used to allow websites to respond to you as an individual, to remember your preferences, to test content, and to analyze your interactions with Websites or with advertisements. This Website does not collect cookies.

Children's privacy

This Website is intended for use by a general audience and does not offer services to children. Should a child whom we know to be under 18 send personal information to us, we will use that information only to respond to that child to inform him or her that they cannot use this Website.

Questions

If you have any questions about this Privacy Policy, please contact us at info@aaheroes.org.

Disclaimer

Last updated: Mar 22, 2024 4:23 PM

Please read this Disclaimer carefully before using the https://www.aaheroes.org Website (the "Website") operated by All American Heroes Foundation, a(n) Not For Profit formed in Washington ("us," "we," "our") as this Disclaimer contains important information regarding limitations of our liability. Your access to and use of the Website is conditional upon your acceptance of and compliance with this Disclaimer. This Disclaimer applies to everyone, including, but not limited to: visitors, users, and others, who wish to access or use the Website.

By accessing or using the Website, you agree to be bound by this Disclaimer. If you disagree with any part of this Disclaimer, then you do not have our permission to access or use the Website.

Health and Fitness Advice

This Website offers health and fitness advice. This advice is designed for educational purposes only and is not intended to replace the advice, treatment, or diagnosis of a healthcare professional.

You should always consult with a healthcare professional before starting any fitness program, diet, or any other change in your healthcare routine.

If you experience dizziness, faintness, shortness of breath or pain while exercising, stop immediately, and consult with a healthcare professional.

All American Heroes Foundation is not a licensed medical provider.

You agree that you assume all responsibility when choosing to act on any of the health or fitness advice contained on this Website.

Changes

We reserve the right to amend this policy at any time without any prior notice to you.

Questions

If you have any questions about this Disclaimer, please contact us at info@aaheroes.org.