Terms of Service

Last updated: June 3, 2025

Please read the following Terms of Service (these “Terms”) carefully before using this website of Testimonial Hero (“we,” “our,” or “us”) located at https://www.testimonialhero.com/ (the “Site”). These Terms apply to your access to and use of the Site and any online features, applications, or programs offered by us exclusively through the Site (collectively, the “Services”).

These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction, and venue of any disputes.

1. AGREEMENT TO TERMS
By accessing or using the Services, you are entering into a legal contract with us regarding your use of the Services. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms. If you do not agree to these Terms, you should not access or otherwise use the Services, and you must discontinue use immediately. Your continued use of the Services signifies your acceptance of the Terms, as amended.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.

2. LICENSE TO USE THE SERVICES
Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the Services for your personal, non-commercial use. By merely providing you access to, and use of, the Services, we do not warrant or represent that:

  • any statement, documents, images, graphics, logos, designs, information, review, audio, video, or any other information provided from or on the Services (collectively, the “Content”) is accurate or complete;
  • the Content is up-to-date or current;
  • we have any obligation to update any Content;
  • the Content is free from technical inaccuracies or programming or typographical errors;
  • the Content is free from changes made by third parties;
  • your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or
  • any information obtained in response to comments or questions asked through the Services is or will be accurate or complete.

3. RESTRICTIONS ON USE & PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Services, you agree not to:

  • Remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Service or any Content contained therein.
  • Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, or any aspect of them, except as expressly permitted by us.
  • Decompile, reverse engineer, jeopardize the correct functioning of the Services, or disassemble the Services, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Services, except as may be permitted by applicable law.
  • Cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.
  • Attempt to gain unauthorized access to or impair any aspect of the Services, or the related systems, servers, or networks.
  • Use the Services to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation.
  • Impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity.
  • Use any portion of the Services or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.
  • Use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, color, ethnicity, national origin, age, gender, gender identity, gender expression, sexual orientation, disability, physical appearance, body size, or religion.
  • Use the Services for any unlawful activities or in violation of any laws, regulations, or contractual provisions, or to induce others to do or engage in the same.
  • Upload or use content that is defamatory, libelous, hateful, violent, obscene, pornographic, invasive of another’s privacy, infringing of another’s intellectual property rights, unlawful, or otherwise offensive, as determined by Testimonial Hero in its sole discretion.
  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

4. OWNERSHIP OF THE SERVICES AND CONTENT
The ownership of the Services, Content, and all rights therein are and will remain with Testimonial Hero. The Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. No portion of the Services, Content, and/or any User Content (as defined below) may be reproduced in any form or by any means, except as provided in these Terms.

You may view, copy or print a single copy of any page from the Services for personal, non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images, Content, that you obtain from the Services without our express, prior, written consent.

We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on the Services. All trademarks and service marks of Testimonial Hero that may be referred to on the Services are the property of Testimonial Hero or one of our affiliates. Other parties’ trademarks and service marks that may be referred to on the Services are the property of their respective owners. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

5. USER REPRESENTATIONS & SUBMISSIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside and are at least eighteen (18) years of age or the equivalent in your jurisdiction; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; and (4) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your use of the Site and refuse any and all current or future use of the Site (or any portion thereof).

The Services may now or in the future permit you to submit to Testimonial Hero various forms of content, such as statements, reviews, ratings, opinions, information, text, graphics, questions, suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about you, or any other content of any kind whatsoever that you may submit to us (collectively, “User Content” or “Submissions”). You warrant to Testimonial Hero that you own all rights in your User Content/Submissions or all third-party holders of rights in your User Content/Submissions have validly and irrevocably granted to you the right to grant the rights and licenses set forth below.

By submitting any User Content or Submissions in any form to Testimonial Hero, you automatically grant Testimonial Hero, its parent companies, subsidiaries, affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, and/or display such User Content or Submissions, without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else. You acknowledge that any Submissions provided by you to us are non-confidential and shall become our sole property.

You represent and warrant that neither your User Content/Submissions nor your uploading, publishing or otherwise making available your User Content/Submissions nor Testimonial Hero’s use of your User Content/Submissions as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You are solely responsible for your User Content/Submissions and the consequences of posting or publishing it. We do not endorse any User Content/Submissions or any opinion, recommendation, or advice expressed on or through the Services, and we expressly disclaim any and all liability in connection with User Content/Submissions.

You agree that we can use and share such User Content/Submissions for any purpose without compensation to you.

6. UPDATES & MODIFICATIONS
We may make changes to the Services, the Content, and/or these Terms or stop providing any of the Services and/or the Content at any time and without further notice to you. We will make an effort to update the Services with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the beginning of these Terms). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

7. PRIVACY AND ELECTRONIC COMMUNICATION
Personal data that you provide regarding yourself will be handled in accordance with our Privacy Policy located at https://www.testimonialhero.com/privacy. By using the Services, you consent to receive electronic communications from us unless you follow applicable opt-out procedures. We will communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

8. OBJECTIONABLE MATERIAL
You acknowledge that, in using the Services and accessing the Content and/or any User Content/Submissions, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Services at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.

9. DISCLAIMERS
WHEN USING THE SERVICES, INFORMATION WILL BE TRANSMITTED IN SUCH A WAY THAT MAY BE BEYOND OUR CONTROL. ACCORDINGLY, WE MAKE NO WARRANTY CONCERNING THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA, THE CONTENT, ANY USER CONTENT/SUBMISSIONS OR ANY OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SERVICES.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, THE CONTENT, AND ANY USER CONTENT/SUBMISSIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES, THE CONTENT, ANY USER CONTENT/SUBMISSIONS, OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE SERVICES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE SERVICES, OR THE SERVERS USED IN CONNECTION WITH THE SERVICES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS AND PARTIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT TESTIMONIAL HERO DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE WEB PROPERTIES, NOR DOES TESTIMONIAL HERO VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS, ADVICE OR RECOMMENDATIONS OF ANY SUCH USERS OF THE WEB PROPERTIES. YOU ACKNOWLEDGE THAT TESTIMONIAL HERO IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION INCLUDED IN THE SERVICES AND TESTIMONIAL HERO IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY THIRD PARTY, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Testimonial Hero and our directors, officers, members, managers, employees, agents, successors and assigns (collectively, "Indemnified Parties") from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees and expenses) assessed or incurred by us, directly or indirectly, with respect to or arising out of:

  • Your failure to comply with these Terms;
  • Your breach of your obligations, representations, and warranties under these Terms;
  • Your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties against Testimonial Hero as a result of your use of the Services;
  • Any claim that your User Content/Submissions caused damage to or violated the rights of a third party; or
  • Any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

11. LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUCCESSORS, ASSIGNS, PARENTS, SUBSIDIARIES OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT, AND/OR ANY USER CONTENT/SUBMISSIONS PROVIDED IN CONNECTION WITH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, THE CONTENT AND/OR ANY USER CONTENT/SUBMISSIONS PROVIDED ON OR THROUGH THE SERVICES. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL, LOST PROFITS OR LOST REVENUES. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE SERVICES AND/OR ANY CONTENT.

WE ARE NOT RESPONSIBLE FOR: (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE.

REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES YOU RECEIVE USING THE SERVICES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER.

12. THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS
We may provide hyperlinks to other websites maintained by third parties, or we may provide third-party content on the Services by framing or other methods (collectively, “Third Party Content”). In addition, the Services may include certain applications, features, programs and services provided by third parties (collectively, “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third-party websites, any Third Party Content, and any Third Party Applications are provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third-party website. We make no representation or warranty in connection with any Third Party Content or Third Party Application, which at all times and in each instance is provided “as is.” If you decide to access any of the third-party websites linked to the Services, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. If a third party links or refers to the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Services.

13. COPYRIGHT COMPLAINTS (DMCA POLICY)
We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. We will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). Under the DMCA, a copyright owner may file a takedown notice with an online service provider of an alleged copyright infringement. During this process, the service provider responds by taking down the alleged infringing content, and takes reasonable steps to contact the owner of the removed content so that a counter-notification may be filed, if appropriate. If a valid counter-notification is filed, we typically will restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. We may provide copies of such notices to the affected parties or to any other third parties, at our discretion and as required by law. Our Privacy Policy does not apply to any information contained in these notices.

When notifying us of potential infringement, you must include the following:

  • Identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works are involved, then a representative list of those works on the Services.
  • Identification of the allegedly infringing material that is to be removed.
  • Information reasonably sufficient to permit us to locate the allegedly infringing material on the Services.
  • Contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address.
  • A statement that the complaining party has a good faith belief that use of the material is in fact infringing and not authorized by the copyright owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the information set forth in the notification is accurate and, where relevant, that the complaining party is authorized to act on behalf of the copyright owner; and
  • The signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.

A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide the DMCA Agent with a written communication containing the following:

  • Identification of the allegedly infringing material that was removed or disabled.
  • A statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent.
  • The signature, physical or electronic, of you or a person authorized to act on your behalf.

We will promptly provide the party that provided the notice of alleged infringement with a copy of the counter-notification, and inform the complaining party that we intend to restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled content. Until that time, your content will remain removed or disabled.

Notice of alleged infringement must be sent by electronic mail to our DMCA Agent, compliance@testimonialhero.com, or by certified mail and marked:

“Copyright Infringement”
Attn: DMCA Agent
56 Broad St.
STE 14099
Boston, MA 02109

Before filing notice of copyright infringement, you must make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.

14. TERMINATION OF SERVICE
We may suspend or terminate your right to access portions of the Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion. If we terminate or suspend your access for any reason, you are prohibited from registering and creating new access under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. GOVERNING LAW; JURISDICTION AND VENUE; DISPUTE RESOLUTION
We will try to work in good faith to resolve any issue you have with the Services, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and Testimonial Hero agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms or your use of the Services, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court.

You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Testimonial Hero are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

If you desire to assert a claim against Testimonial Hero, and you therefore elect to seek arbitration, you must first send to Testimonial Hero, by certified mail, a written notice of your claim ("Notice"). The Notice to Testimonial Hero should be addressed to: Testimonial Hero Legal, 56 Broad St., STE 14099, Boston, MA 02109 ("Notice Address"). During the arbitration, the amount of any settlement offer made by Testimonial Hero or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless Testimonial Hero and you agree otherwise, any arbitration hearings will take place in the State of New York. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Testimonial Hero’s last written settlement offer made before an arbitrator was selected (or if Testimonial Hero did not make a settlement offer before an arbitrator was selected), then Testimonial Hero will pay you the amount of the award. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any.

Restrictions:
YOU AND TESTIMONIAL HERO 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 PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Testimonial Hero agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Exceptions to Informal Negotiations and Arbitration:
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Nothing herein shall prevent either party from seeking injunctive relief or specific performance in any court of competent jurisdiction. If Testimonial Hero seeks injunctive relief or specific performance, it shall not be required to post a bond or similar undertaking.

Unenforceability:
If this Agreement to Arbitrate provision is found to be illegal or unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in the State of New York. Both Testimonial Hero and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

16. EXPORT RESTRICTIONS
Any software and all underlying information and technology downloaded or viewed from any of the Services or in connection with the services (collectively, the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations, and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Services, the Content, any User Content/Submissions, and any of our products or services, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

17. MISCELLANEOUS Responsibilities.
You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data that you transmit using the Services, and we will have no obligation to verify the accuracy of that data or store the data. While we reserve the right to review any and all User Content/Submissions made available through the Services, you will remain responsible for your User Content/Submissions. Your use of the Services is subject to the additional disclaimers and caveats that may appear throughout the Services. Testimonial Hero is not responsible for an individual’s submissions, the quality of critiques and other actions of individual users.

Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. If you are accessing the Services on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, all Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Local Laws.
We make no representation that any Content or materials on the Services are appropriate or available for use in jurisdictions that are outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws. The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Entire Agreement.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.

Waiver.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. No waiver, modification or amendment to this Agreement shall be valid unless in writing, signed by the parties hereto. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege.

Severability.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be found to be illegal or invalid under applicable law, such provision shall be either modified to conform to applicable law or considered ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement.

Assignment.
We may assign any or all of our rights and obligations to others at any time.

Force Majeure.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

No Joint Venture or Partnership.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site.

Interpretation.
You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Additional Remedies.
You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.

18. CONTACT US
If you have additional questions or comments of any kind, or if you see anything on the Services that you think is inappropriate, please let us know by sending your comments or requests to compliance@testimonialhero.com.

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