CONDITIONS OF USE

Welcome to Heroes. Heroes provide its products and services to you subject to the following conditions. If you visit or shop at Heroes, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Policy, which also governs your visit to Heroes.

ELECTRONIC COMMUNICATIONS

When you visit Heroes or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, [audio clips, digital downloads, data compilations,] and software, is the property of Heroes or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Heroes and protected by U.S. and international copyright laws. All software used on this site is the property of Heroes or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

HEROES, HEROES & Design, CATERING WITH A CAUSE, and other marks on our site are trademarks of Heroes Subs, LLC. Heroes' trademarks and trade dress may not be used in connection with any product or service that is not Heroes', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Heroes.

LICENSE AND SITE ACCESS

Heroes grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Heroes. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Heroes. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Heroes without express written consent. You may not use any meta tags or any other "hidden text" utilizing Heroes' name or trademarks without the express written consent of Heroes. Any unauthorized use terminates the permission or license granted by Heroes. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Heroes so long as the link does not portray Heroes, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Heroes logo or other proprietary graphic or trademark as part of the link without express written permission.

DISCLAIMER OF WARRANTIES

HEROES PROVIDES THIS SITE AND THE PRODUCTS AVAILABLE ON THIS SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEROES MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE PRODUCTS AVAILABLE ON THIS SITE. YOU EXPRESSLY AGREE THAT

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. HEROES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT PREJUDICE TO THE GENERALITY OF THE FORGOING, HEROES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAILS SENT FROM HEROES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

In no event shall Heroes be liable for any incidental, special, indirect or consequential damages resulting from any use of this site or products purchased from this site or from any other reason whatsoever. This exclusion applies to all theories under which damages may be sought. The cumulative liability of Heroes, if any, for direct damages arising under any theory of liability with respect to a product purchased from this site is limited to an amount not to exceed the purchase price paid by buyer for the particular product giving rise to the liability.

APPLICABLE LAW

By visiting Heroes, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Heroes.

DISPUTES

Any dispute relating in any way to your visit to Heroes or to products you purchase through Heroes shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate Heroes' intellectual property rights, Heroes may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to our site, these Conditions of Use and other site policies (e.g., Privacy Policy) at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.