Terms of Conditions

These Terms of Use (the “Terms of Use” or Terms”) constitute an agreement between you and HERA  LLC and its affiliates (collectively, “Hera Mythras,” “we,” “us” or “our”) and contain important terms and conditions that affect your legal rights. Please read these Terms of Use carefully. By accessing or using our website, www.heramythras.com (or any successor links) or any associated web pages, websites (mobile or otherwise) or social media pages that are owned, operated, sponsored or provided by Hera Mythras (the “Site”), or by purchasing products accessible via the Site (“Products”), shopping in our stores, signing-up for our emails, and/or by otherwise interacting with us (collectively, together with the Site and Products, the “Services”), you agree to comply with and be bound by these Terms of Use.

These terms include a binding arbitration requirement and a class-action waiver. Essentially, this means that disputes between you and Hera Mythras should generally be resolved through individual arbitration rather than through a class-action lawsuit, class arbitration, or jury trial. However, you have the option to opt out of this arbitration requirement within 15 days of accepting the terms. Instructions for opting out should be outlined in Section 18 of the terms. If you don’t agree to these terms, you should refrain from using any services provided by Hera Mythras. It’s crucial to carefully review and understand these terms before proceeding.

Supplemental terms are additional terms, conditions, guidelines, policies, or rules that may apply specifically to certain services. These terms become part of the agreement between the service provider and the user if the user decides to use the applicable service. If there is a conflict between the main terms and the supplemental terms, the supplemental terms take precedence in resolving that conflict. It’s a way to ensure that specific rules or conditions for certain services are clearly outlined and followed. If you have specific supplemental terms to discuss or need further clarification, feel free to share them!

We reserve the right to change or modify these Terms of Use at any time and in our sole discretion. If we make changes to these Terms of Use, we will post the amended Terms of Use to the Site and update the “Last Updated” date above. We encourage you to review these Terms prior to making any purchase through the Site to ensure that you understand the terms and conditions that apply to your purchase.

     We describe in  our Privacy  Policy practices and certain rights you may have under applicable law. You acknowledge and agree that you have reviewed our Privacy Policy.

• Changes to Terms of Use: The website reserves the right to change or modify its Terms of Use at any time and at its sole discretion. If any changes are made, they will be posted on the site, and the “Last Updated” date will be updated accordingly.
• Reviewing Terms: Users are encouraged to review the Terms of Use before making any purchases through the site. This ensures that users understand the terms and conditions that apply to their transactions.
• Privacy Policy: The website’s Privacy Policy describes its privacy practices and outlines certain rights users may have under applicable law. By using the site, users acknowledge and agree that they have reviewed the Privacy Policy.

This excerpt emphasizes transparency and encourages users to stay informed about any changes to the terms and policies governing their use of the website. It also underscores the importance of understanding privacy practices and rights related to personal data

• ELIGIBILITY

This section outlines the age restrictions and permitted uses of the services provided by the company.

• Age Restriction: Users under 18 years of age (or the age of legal majority in their jurisdiction) are prohibited from using the services offered. If a parent or guardian believes that their child under the age of 18 is using the services without their consent, they are encouraged to contact the company.
• Permitted Use: The services provided are intended for personal, family, or household purposes only. Commercial use is expressly prohibited. Users are not allowed to share the services with others.

These guidelines help ensure compliance with legal requirements and maintain the intended purpose of the services. It also emphasizes the company’s commitment to protecting minors and maintaining the integrity of its services.

Availability and pricing

This section provides important information regarding the listings of products on the website, as well as their accuracy and availability.

• Listings of Products: The website may provide listings, descriptions, images, and links to products, as well as coupons or discounts for these products. These listings are made available for various purposes, including general information.
• Accuracy and Completeness: While efforts are made to ensure that listings are complete, accurate, and up-to-date, there might be instances where they are inaccurate, incomplete, or out of date. The availability of products and the validity of coupons or discounts are subject to change without prior notice.
• Attributes and Descriptions: Descriptions such as weights, measures, and colors provided in the listings are approximate and for convenience only. The actual appearance of products, including color, may vary depending on factors such as computer systems and photography techniques.
• Availability of Products: If an item is not listed on the website or is listed as “Contact Us,” it may not be available for ordering online but could be available in retail stores. Customers are advised to contact customer care for further assistance.
• Pricing: In cases where the correct price of an item is lower than the stated price, customers will be charged the lower amount upon shipping. If the correct price is higher, customers may be contacted for instructions. Failure to contact the customer within a specified period may result in order cancellation.

This section ensures transparency regarding product listings, availability, and pricing policies, providing customers with important information before making a purchase.

Your Information

This section highlights the collection of information by Hera Mythras in connection with users’ access or use of their services.

• Information Collection: Users may provide certain information to Hera Mythras when accessing or using their services, or Hera Mythras may collect information about users during their access or use of the services.
• Accuracy of Information: Users represent and warrant that any information they provide to Hera Mythras in connection with the services is accurate. This emphasizes the importance of providing truthful and accurate information to ensure the integrity of the services.
• Privacy Policy: Users are directed to review the Privacy Policy for details on how Hera Mythras collects, uses, shares, and processes information about them. The Privacy Policy likely outlines the company’s practices regarding data collection, storage, and protection, as well as users’ rights regarding their personal information.

This section serves to inform users about the collection and use of their information by Hera Mythras, as well as to encourage them to review the Privacy Policy for further details. It underscores the company’s commitment to data privacy and transparency in its practices.Top of Form

Terms of sale
This section outlines the terms of sale when purchasing products through the services provided by the company.

• Eligibility: To complete a purchase, you must have a valid billing and shipping address within a country available for selection during the checkout process on the site (referred to as the “Territory”). The company does not guarantee that products available on the site are suitable or available for purchase outside the Territory.
• Restrictions: Purchases of products are intended for personal use by either yourself or the intended recipient. Resale of the products is not authorized. The company reserves the right to impose limits on the quantities that can be purchased per order, per account, per payment card, per person, or per household. Additionally, the company reserves the right to refuse service to any customer or reject any order at any time without prior notice. In such cases, any payment made for the order will be refunded.

These terms ensure that purchases are made in accordance with the company’s policies and are intended for personal use rather than resale. They also provide guidelines for the company’s discretion in accepting or rejecting orders and managing purchase quantities.

 This section elaborates on the process of order confirmation, acceptance, availability, pricing, payments, shipping, delivery, and order delays or cancellation.

• Order Confirmation and Acceptance: Customers will have the opportunity to review and confirm their orders, including delivery address, payment method, and other details. The company will send a notice upon accepting the order, and acceptance is considered complete at the time of displaying or sending the formal acceptance notice. Payment must be received before the order is accepted.
• Availability and Pricing: Availability and pricing of products are subject to the terms outlined in Section 2.
• Payments: Payment processes are governed by the terms in Section 8.
• Shipping and Delivery: Shipping and delivery procedures are detailed in Section 10.
• Order Delays and Cancellation: The company reserves the right to delay, refuse, or cancel any order before delivery. Reasons for cancellation may include errors on the site, inaccuracies in product or pricing information, or product availability issues. In such cases, the company will correct the error, charge the correct price, or cancel the order. Customers will be contacted if any portion of their order is canceled or if additional information is required. Additionally, the company will make reasonable efforts to notify customers of any delivery delays and keep them informed of the revised delivery schedule.

These terms ensure transparency and clarity in the ordering process, as well as provide guidelines for handling order discrepancies and delays.

This section covers returns, exchanges, refunds, reservation of rights regarding product offerings and pricing, as well as guidelines for user accounts and prohibited conduct.

• Returns, Exchanges, and Refunds: Policies regarding returns, exchanges, and refunds are detailed in Section 11.
• Reservation of Rights: The company reserves the right to discontinue offering certain products without prior notice, impose conditions on the honoring of coupons or discounts, restrict user transactions, and alter payment options for products. Prices are displayed in U.S. dollars and exclude taxes and other charges, which will be added to the purchase amount and itemized during checkout. Prices are subject to change without notice.
• Accounts: Users may create accounts to access the services provided by the company. They are prohibited from sharing their account credentials and must promptly update any changes to their account information. Users are also required to use strong, unique passwords for their accounts and maintain their account security. Notification to the company is necessary if unauthorized access is suspected.
• Prohibited Conduct: Users are prohibited from using the services if they do not meet the eligibility requirements outlined previously and from using the services for purposes other than their intended use. Additionally, users must not engage in various prohibited activities, including violating laws or contracts, harassing, or impersonating others, selling or reselling services, copying or modifying services, interfering with service functionality, or engaging in spam or illegal activities. Enforcement of these guidelines is at the discretion of the company, and failure to enforce them in some instances does not waive the right to enforce them in others.

These sections establish guidelines and policies for various aspects of using the company’s services, including purchasing products, managing accounts, and maintaining appropriate conduct. They aim to ensure clarity, security, and fairness for users and the company alike.

• Taxes: Customers are responsible for any applicable sales, use, duty, or governmental taxes or fees (“Taxes”) associated with their purchases through the site. The company will collect applicable Taxes if it has a duty to do so. An estimate of Taxes to be collected will be presented at checkout, unless the company has clearly stated in writing that a price includes Taxes. The actual taxes charged may be adjusted from the amount shown at checkout due to factors such as variances between processor programs and changes in tax rates.
• Payments: By providing a credit card or other accepted payment method, customers represent and warrant that they are authorized to use the designated payment method. Customers authorize the company (or its third-party payment processor) to charge their payment method for the total amount of their order, including any applicable taxes.

These sections ensure transparency regarding tax obligations associated with purchases and provide guidelines for payment methods and authorization, facilitating smooth transactions for customers and the company.

This section addresses payment-related matters, including applicable taxes, charges, and the handling of payment methods. Here’s a breakdown:

• Charges and Payment Responsibility: Customers are responsible for paying all charges, including applicable taxes and other fees outlined in the Terms of Use. The company reserves the right to receive updated payment information from the customer’s issuing bank or payment processor and use that information to charge any amounts owed.
• Verification and Validity of Payment Methods: If a payment method cannot be verified, is invalid, or is otherwise unacceptable, the customer’s order may be suspended or canceled. The customer is responsible for resolving any issues encountered with the payment method to proceed with the order.
• Updating Payment Information: Customers can change or update payment information associated with their account at any time by logging into their account and editing their payment details.
• Unavailable Items: If any items in a customer’s order are unavailable, the company will only charge for the prices, taxes, and other applicable charges associated with the items that are available and included in the shipment.

This section ensures clarity regarding payment processes, responsibilities, and the handling of payment information, aiming to facilitate smooth transactions between the company and its customers.

These sections cover the topics of gift cards, shipping and handling, and returns, exchanges, and refunds.

• Gift Cards: Hera Mythras offers both physical and electronic gift cards (“Gift Cards”), which can be redeemed for purchases made at Hera Mythras boutiques, on the website, or by phone. Gift Cards are not considered credit or debit cards and cannot be redeemed for cash unless required by law. They cannot be used for prior transactions and are not the responsibility of Hera Mythras if used without permission or if lost, stolen, or damaged. Gift Cards do not expire.
• Shipping and Handling: Customers agree to pay for any shipping and handling charges associated with their purchases. Hera Mythras reserves the right to adjust these charges but will provide notice of any changes before purchase. Delivery dates and times provided during checkout are estimates only and not guaranteed. The risk of loss or damage to items passes to the customer upon delivery by Hera Mythras to the carrier, unless stated otherwise. Similarly, the risk of loss or damage to returned items passes to Hera Mythras upon delivery to the carrier by the customer. Hera Myhtras reserves the right to refuse delivery to countries prohibited by applicable export laws.
• Returns, Exchanges, and Refunds: Hera Mythras aims for customer satisfaction and allows returns within 15 days of delivery. Customers may exchange items, receive a refund, or obtain merchandise credit for the amount paid for the item. If a product was purchased with a Gift Card or returned with a gift receipt, Hera Mythras will issue a Gift Card for the refund amount. Customers can initiate a return by completing the return section of the original packing slip and indicating the reason for return and desired action. Returns can be shipped using a complimentary return shipping label provided or sent prepaid and insured to a specified address. Alternatively, items can be returned to Hera Mythras boutiques for exchange, credit, or refund, accompanied by the sales receipt.

These sections provide comprehensive information regarding gift cards, shipping and handling, and the return process, ensuring clarity and transparency for customers regarding these aspects of their transactions with Hera Mythras

These sections further detail the company’s policies regarding returns, refunds, exclusions, price adjustments, and promotions.

Returns, Refunds, and Exclusions:

• Refunds will be issued to the original form of payment, except for cash purchases, which will be refunded by a company check.
• Returned items must be unaltered, unworn, and in saleable condition, with original packaging and tags intact. Used items are generally not eligible for return unless defective.
• The company will not accept returns of products purchased from other retailers, as those are subject to the retailer’s return policies. Additionally, certain conditions must be met for a product to be eligible for return, such as being purchased from the company’s services, being returned by the original purchaser or a subsequent owner with the original order number, and being in its original condition and packaging.

Price Adjustments:

• If the price of an item purchased through the site is reduced due to it becoming a permanent sale item within 10 days of purchase, customers may request a one-time refund or price adjustment for that item. This policy excludes temporary special promotion items.

Promotions:

• Promotions, such as sweepstakes, contests, or raffles, may be offered through the services and may be governed by separate rules. Participants are advised to review the applicable rules and the company’s privacy policy. In case of conflicts between the Promotion rules and the Terms of Use, the Promotion rules will prevail.

These sections provide customers with detailed information on various aspects of returns, refunds, price adjustments, and participation in promotions, ensuring clarity and transparency in the company’s policies and procedures.

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These sections outline ownership, trademarks, and feedback policies related to the services provided by Hera Mythras.

• Ownership: Limited License:
  
  • The services, including all content contained within, are owned by Hera Mythras or its licensors and are protected by domestic and international laws.
  • Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the services for personal, non-commercial use, subject to compliance with the terms outlined in the agreement.
  • Any unauthorized use of the services is strictly prohibited and may result in termination of the granted license and violation of intellectual property rights.
• Trademarks:
  
  • Hera Mythras trademarks, logos, product and service names, slogans, and the overall look and feel of the services are proprietary and may not be copied or used without prior written permission.
  • Mention of other trademarks or logos does not imply endorsement or sponsorship by Hera Mythras.
• Feedback:
  
  • Users may provide feedback voluntarily about Hera Mythras or its services, granting the company the right to use such feedback for any purpose, including commercial use, without acknowledgment or compensation.

4..Hera Mythras may use feedback to develop, improve, or create new products, services, or features at its discretion, and will exclusively own any resulting improvements or developments.

• Feedback provided is considered non-confidential.

These sections establish guidelines regarding the use of intellectual property, trademarks, and feedback within the services provided by Hera Mythras, ensuring clarity and protection of the company’s assets and rights.

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These sections address disclaimers, limitations of liability, and dispute resolution policies within the Terms of Use.

• Disclaimers; Limitation of Liability:
  
  • Items purchased through the site are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, title, and non-infringement.
  • Hera Mythras and its affiliates, directors, officers, employees, and representatives will not be liable for any indirect, consequential, exemplary, incidental, or special damages, or lost profits arising from these Terms of Use or the use of products or services purchased through the site.
  • The total liability of Hera Mythras Parties in connection with any goods or services purchased through the site will not exceed the amount paid by the user for such goods or services.
• Dispute Resolution; Binding Individual Arbitration:
  
  • Disputes and claims between users and Hera Mythras are subject to binding individual arbitration, precluding the option to sue in court or have a jury trial. Arbitration will be conducted solely on an individual basis and not as a class arbitration or class action.
  • By agreeing to arbitrate certain disputes and claims, both parties are waiving the right to trial by jury.
  • The terms of this section are intended to reduce financial burdens associated with resolving disputes and are not intended to delay the adjudication of any party’s claims.
  • Instructions for opting out of the arbitration requirement are provided within this section.

These sections establish the terms and conditions regarding warranties, liability limitations, and dispute resolution mechanisms for users of Hera Mythras’ services, ensuring clarity and protection for both parties involved.

These sections cover governing law, indemnification, miscellaneous provisions, and user-generated content terms and conditions. :

• Governing Law:
  
  • Any disputes arising from the terms of use and the use of services will be governed by the laws of the State of New York, without regard to conflict of law rules.
  • Disputes not subject to arbitration under section 7 will be resolved in state or federal courts located in New York County, New York.
• Indemnification:
  
  • To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Hera Mythras from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms, any User Content (as defined in the User Generated Content Terms and Conditions) or Feedback you provide, or your access to, use or misuse of the Services. We shall provide notice to you of any such claim, action or demand that triggers this indemnification obligation, and you agree to do the same by writing to Hera LLC, Attn: Legal, 2 west 45th street New York 10036 We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section 21. In such case, you agree to cooperate with any reasonable request we make to assist our defense of such matter
• Miscellaneous:
  
  • Severability clause: Unlawful or unenforceable provisions will be deemed

Failure to enforce any part of the terms does not waive the right to enforce it later. that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of these Terms. We may assign any of our rights and obligations under these Terms of Use. Pursuant to California Civil Code Section 1789.3, Hera Mythras provides users of the Site with the following notice: If you have a question or complaint regarding the Site, you may contact us by email at hello@heramytras.com, by mail at Hera LLC, Attn: Customer Care, 2352 linwood ave fort lee, NJ 07024 or by telephone at 1-201 724 2526. 8. Questions If you have any questions regarding these Terms of Use, please contact our customer care team at 1-201 724 2526 or email us at hello@heramythras.com.

• User Generated Content Terms and Conditions:
  
  • Hera Mytras owns various online properties allowing users to submit content.
  • Service providers facilitate the collection and use of user-generated content for Hera Mythras’s business activities, including marketing and advertising.

These sections establish legal framework, responsibilities, and guidelines for users interacting with Hera Mythras’s services and submitting content.

You understand and agree that, to the fullest extent permitted by applicable law, Hera Mythras , its affiliates, and each of their respective equity holders, directors, officers, employees, partners, agents and representatives (individually and collectively, the “Hera Mythras Parties”) will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Use or the use of, or inability to use, any Product or Service, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not Hera Mythras or another Hera Mythras Party has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, the Hera Mythras Parties’ total liability in connection with any goods or services available through the Site and these Terms of Use will not exceed the amount you actually paid to Hera Mythras to purchase such good or service. 

The limitations set forth in this Section 17 will not limit or exclude liability for personal injury or property damage directly and proximately caused by items you purchased from us through the Site or for the gross negligence, fraud or intentional misconduct of any Hera Mythras Parties, or for any other matters in which liability cannot be excluded or limited under applicable law.

PLEASE READ THIS SECTION 18 CAREFULLY BECAUSE IT REQUIRES YOU AND hera  mythras TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND hera mythras FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND hera mythras  AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. BY AGREEING TO SO ARBITRATE CERTAIN DISPUTES AND CLAIMS, hera mythras AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

THE PARTIES ACKNOWLEDGE THAT THE TERMS IN THIS SECTION 18 ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW IN THIS SECTION 18 IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE ON AN INDIVIDUAL BASIS.

• •  Claims Subject to this Section

The paragraph you provided outlines the scope and applicability of the dispute resolution and binding arbitration terms between you and Hera Mythras

• Scope: The terms cover all “Claims” between you and Hera Mythras. A “Claim” refers to any dispute, claim, cause of action, or controversy arising from or related to the Terms or the Services provided by Hera Mythras
• Types of Claims Covered: These can include disputes based on contract, tort (civil wrong), statute, fraud, misrepresentation, or any other legal theory. It encompasses any situation where either party seeks legal recourse in connection with the Terms or the Services provided by Hera Mythras
• Examples of Covered Claims: This includes but is not limited to privacy or data security claims, as well as claims related to the validity, enforceability, or scope of the arbitration requirement itself.
• Exceptions: It’s mentioned that certain exceptions exist, but these are not detailed in the paragraph you provided.

Overall, this section establishes the framework for resolving disputes through binding arbitration between you and Hera Mythras, encompassing a wide range of potential legal issues arising from your use of their services or related to the terms governing those services.

• •  Informal Dispute Resolution Prior to Arbitration.

this section outlines the initial steps that both parties, you and Hera Mythras, must take in attempting to resolve any claim before resorting to formal arbitration.

• Informal Resolution Attempt: Before proceeding to formal arbitration, both parties agree to attempt to resolve the claim informally. This informal resolution process is aimed at resolving the claim quickly and minimizing costs for both parties.
• Timeframe for Informal Resolution: The parties agree to engage in good-faith negotiations for a period of 45 days, starting from the day either party receives written notice of the dispute from the other party. This period is termed the “Informal Resolution Period.”
• Extension of Informal Resolution Period: The parties may agree, in writing (which includes email), to extend the Informal Resolution Period beyond the initial 45 days if necessary. This extension must be mutually agreed upon.

In essence, this section emphasizes the importance of attempting to resolve disputes informally and through negotiation before resorting to formal arbitration procedures. It aims to promote efficiency and cost-effectiveness in dispute resolution.

• Sending Claimant Notices:
  
  • You are required to send any Claimant Notice to Hera Mythras either by certified mail to their address in New York City or by email to their designated legal email address.
  • Hera Mythras will send any Claimant Notice to you using the contact information you have provided to them.
• Content of Claimant Notice:
  
  • The Claimant Notice must include specific information:
    
    • Sender’s name, address, email address, and telephone number.
    • Any relevant purchase information.
    • A detailed description of the nature and basis of the claim.
    • The specific relief sought.
• Informal Resolution Period:
  
  • This period allows the party receiving the Claimant Notice to make a fair settlement offer if they choose to do so.
  • Neither party can initiate arbitration or file a claim in court before the end of this period.
• Consequences of Not Following Informal Resolution Process:
  
  • If either party files a claim in court or initiates arbitration without providing a compliant Claimant Notice and waiting for the Informal Resolution Period to conclude, the other party reserves the right to seek relief from a court.
  • This relief may include seeking to enjoin the filing or arbitration and seeking damages to reimburse for any costs and fees incurred due to the breach of the informal dispute-resolution process.
• Tolling of Statute of Limitations and Filing Fee Deadlines:
  
  • The statute of limitations and any filing fee deadlines for a claim are tolled (paused) for the duration of the Informal Resolution Period to allow the parties to engage in this informal dispute-resolution process.

Overall, this section underscores the importance of following the prescribed informal dispute-resolution process before resorting to formal legal action, and it outlines the procedures and consequences associated with this process.

• • Claims Subject to Binding Arbitration; Exceptions.

This section outlines exceptions to the requirement for resolving disputes through arbitration and clarifies certain types of disputes that may be exempted from this process.

• Small Claims Court:
  
  • Disputes that qualify for resolution in small-claims court are exempt from the arbitration requirement. However, small-claims court must not permit class or similar representative actions or relief.
• Intellectual Property Disputes:
  
  • Disputes exclusively related to intellectual property or intellectual-property rights are also exempt from arbitration. This includes situations where injunctive or other equitable relief is sought for alleged unlawful use or infringement of intellectual property.
  • These types of disputes, termed “IP Claims,” are not subject to the arbitration requirement, regardless of whether they are filed individually or jointly with other claims.
• Scope of Arbitration:
  
  • All other claims, including those not related to intellectual property but filed together with IP Claims, that are not resolved through the informal dispute-resolution process, must be resolved through arbitration.
  • This includes disputes concerning the interpretation or application of the arbitration provision itself, such as its enforceability, revocability, or validity.
• Arbitrator’s Authority:
  
  • The arbitrator appointed to resolve the disputes will have the authority to grant any remedy or relief that would typically be available in court.

In essence, while most claims must be resolved through arbitration, certain exceptions exist for disputes that qualify for small-claims court and for those exclusively related to intellectual property rights. This section ensures clarity regarding the types of disputes subject to arbitration and those exempted from it.

• •  Binding Individual Arbitration.

Subject to the terms and conditions of this Section, Claims may only be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”) and NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Claim arose (the “Rules”), as modified by these Terms of Use.

If NAM notifies the parties in writing (email being sufficient) that it is not available to arbitrate any Claim, then that Claim may only be settled by binding individual arbitration conducted by American Arbitration Association (“AAA”), https://www.adr.org, in accordance with the FAA and the applicable AAA rules as set forth below, and the term “Rules” shall be deemed to refer to such applicable AAA rules. For Claims that must be arbitrated by AAA, if you are a “Consumer”, meaning that you only use the Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules shall apply to Claims between you and Hera Mythras , as modified by these Terms. For Claims that must be arbitrated by AAA, if you are not a “Consumer”, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures shall apply to Claims between you and Hera Mythras as modified by these Terms.

These Terms of Use affect interstate commerce, and the enforceability of this Section 18 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Hera Mythras

• •  Arbitration Procedure and Location.

You or Hera Mythras  may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with NAM (or with AAA, if applicable) pursuant to Section 18(d).
Instructions for filing a demand for arbitration with NAM are available on the NAM website or by calling NAM at 1-800-358-2550, and instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 1-800-778-7879. You will send a copy of any demand for arbitration to Hera Mythras by certified mail addressed to Hera Enterprises LLC, Attn: Legal, 2352 linwood ave 5h fort lee new jersey 07024 or by email to hello@heramythras.com  Hera Mythras  will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Hera Mythras

The arbitration will be conducted by a single arbitrator in the English language. You and Hera Mythras both agree that the arbitrator will be bound by these Terms.

For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing is necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in New York, New York, unless the arbitrator determines that this would pose a hardship for you or Hera Mythras , in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Hera Mythras  agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

• •  Arbitration Fees.

Except for circumstances outlined in Sections 18(g), each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.

• •  Frivolous or Improper Claims.

To the extent permitted by applicable law, a claimant must pay all costs and fees incurred by the defending party—including without limitation arbitration, attorney, and expert fees—related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

• •  Confidentiality.

If you or Hera Mythras  submits a Claim to arbitration, you and Hera Mythras  agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or other sensitive information, documents, testimony, and other materials that might be exchanged or be the subject of discovery in the arbitration. You and Hera Mythras  agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

• •  Coordinated Filings.

If 20 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Claims” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Claims are filed in arbitration as set forth in these Terms. You or Hera Mythras  advise the other of your or its belief that Claims are Coordinated Claims, and disputes over whether a Claim meets the definition of “Coordinated Claims” will be decided by the arbitration provider as an administrative matter.

Coordinated Claims may only be filed in arbitration as permitted by the bellwether process set forth below. Applicable statutes of limitations will be tolled for Claims asserted as Coordinated Claims from the time a compliant Claimant Notice has been received by a party until these Terms of Use permit such Coordinated Claims to be filed in arbitration or court.

The bellwether process set forth in this Section 18(i) will not proceed until counsel representing the Coordinated Claims has advised the other party in writing (email being sufficient) that all or substantially all the Claimant Notices for the Coordinated Claims have been provided.

After that point, counsel for the parties shall select 20 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its claims and arguments. Each side shall select 10 claimants who have provided a compliant Claimant Notice for this purpose, and only those chosen cases may be filed with NAM or AAA, as applicable. The parties acknowledge that resolution of some Coordinated Claims will be delayed by this bellwether process, and they consent to such delay.

A single arbitrator shall preside over each Coordinated Claim chosen for a bellwether proceeding, and unless the parties agree otherwise, only one Coordinated Claim may be assigned to each arbitrator as part of a bellwether process.

Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Coordinated Claims, with the mediator’s fee paid for by Hera Mythras Counsel for the claimants and the other party must agree on a mediator within thirty (30) days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

If the mediation does not yield a global resolution of all remaining Coordinated Claims, the arbitration requirement in this Section 18 shall no longer apply to Coordinated Claims for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether proceedings. Any such Coordinated Claims released from the arbitration requirement must be resolved in accordance with Section 18.

To the extent you are asserting the same Claim as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable.

If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.

A court shall have authority to enforce the bellwether and mediation processes defined in this Section 18(i) and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

• •  Opting Out of Arbitration

You have the right to opt out of binding arbitration within 30 days of the date you first accept these Terms by providing us with notice of your decision to opt out via email at Hello@heramythras.com.com or by certified mail addressed to Hera Enterprises LLC, Attn: Legal, 2352 linwood ave 5h fort lee New Jersey 07024. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.

• •  Rejection of Future Arbitration Changes.

You may reject any change we make to Section 18 (except address changes) by sending us notice of your rejection within 30 days of the change via email at hello@heramythras.com  Changes to Section 18 may only be rejected as a whole, and you may not reject only certain changes to Section 18. If you reject changes made to Section 18, the most recent version of Section 18 that you have not rejected will continue to apply.

• •  Severability.

This portion of Section 18 addresses the potential scenario where any part of the section is deemed unenforceable or unlawful. Here’s a breakdown of its key points:

• Severability Clause:
  
  • If any part of Section 18 is found to be unenforceable or unlawful, including if it’s deemed unconscionable, that specific provision will be severed from the rest of the Terms.
  • However, the removal of the unenforceable or unlawful provision will not affect the enforceability of the remainder of the Terms, including Section 18. The parties’ ability to compel arbitration for any remaining claims on an individual basis pursuant to Section 18 will remain intact.
• Impact on Class, Collective, Consolidated, or Representative Claims:
  
  • If any claims must proceed on a class, collective, consolidated, or representative basis due to the removal of a portion of Section 18, such claims must be litigated in a civil court of competent jurisdiction rather than through arbitration.
  • Litigation of these claims will be paused pending the outcome of any individual claims in arbitration.
• Public Injunctive Relief:
  
  • If any part of Section 18 prohibits an individual from seeking public injunctive relief, that provision will be disregarded to the extent that such relief is allowed to be sought outside of arbitration.
  • The remainder of Section 18 will remain enforceable in this scenario.

Additionally, this section clarifies that if you reside outside of the United States, you may bring legal proceedings regarding a claim either by following the arbitration procedure outlined in Section 18 or by submitting the dispute to an arbitration administrator in your jurisdiction, if permitted by applicable law. If the proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of your jurisdiction.

USER GENERATED CONTENT TERMS AND CONDITIONS

Last Updated: march  17, 2024

Hera LLC and/or its affiliates (collectively, “Hera Mythras”) owns, operates, sponsors or provides www.heramythras.com, various websites and microsites, social media pages (Facebook, Instagram, Snapchat, X (formerly Twitter), YouTube, LinkedIn, TikTok, and others), and other internet properties that permit users (“you” or “User”) to submit, upload, or publish various types of content (collectively, “Hera Mythras Web Properties”).

Hera Mythras engages a limited number of service providers to facilitate the collection and transmission of User Content (as defined below) to and from Hera Mythras Web Properties for use by Hera Mythras in connection with its business, including Hera Mythras’s product feature, marketing, promotional activities, advertising and other consumer-related activities (the “HM Services”).

Hera Mythras and the HM Services may reach out to Users to seek their permission to feature their User Content on our various sites, social media channels, and/or promotional materials. By responding with the hashtag #HMapproved, you grant Hera Myhras permission to use your User Content and you represent and warrant that you have read, understood and agreed to these User Generated Content Terms and Conditions (“UGC Terms”) and Hera Mythras’s Privacy Policy (“Hera Mythras Privacy Policy”).

Hera Mythras reserves the right to alter these UGC Terms without advance notice by posting revised UGC Terms. Accordingly, you should review the UGC Terms each time you grant permission or authorization to feature your User Content.

Miscellaneous

Instagram™, Facebook™, YouTube™ and other similar social media forums are registered trademarks of their respective companies and not affiliated Hera  LLC or www.heramythras.com. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites. If you choose to submit User Content via mobile phone, standard data rates may apply. Publicly accessible User Content is governed by the terms and conditions of the respective social media platform where said User Content has been posted.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER HERA MYTHRAS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE HERA MYTHRAS WEB PROPERTIES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, ANY HERA MYTHRAS WEB PROPERTY, EVEN IF HERA MYTHRAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE HERA MYTHRAS WEB PROPERTIES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

While Hera Mythras  strives to make the Hera Mythras Web Properties safe and positive places, they remain public forums, and other users may attempt to obtain personal information about you in order to harass or injure youThis statement emphasizes user responsibility for the information they share on Hera Mythras Web Properties and the importance of reporting any misuse or abuse. Key points include:

• User Responsibility: Users are responsible for the information they disclose on Hera Mythras Web Properties.
• Reporting Misuse: Users are encouraged to report any abuses or misuse of information to Hera Mythras via customer care channels.
• Contact Information: Contact details for reporting abuses are provided, including phone number and email address.

This ensures that users are aware of their responsibility in sharing information and have a means to address any concerns regarding misuse or abuse.

Guidelines

When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, audio, photographs, graphics, images, videos, messages, or other materials, including without limitation your name, location information, social media handle, and profile photos (“User Content”) on or to any Hera Mythras Web Property, you are entirely responsible for such User Content. This means that you, and not Hera Mythras , are entirely responsible for all User Content that you post to any Hera Mythras  Web Property. By using the hera Mythras Web Properties, you acknowledge that the views and opinions that may be expressed do not necessarily represent the opinions of Hera Mythras  

• • his section outlines the prohibited activities related to user-generated content on Hera Mythras Web Properties. Users are prohibited from engaging in or assisting others in activities that involve transmitting, posting, or making available any content that: Is, or which encourages activity or conduct that is, unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, or otherwise objectionable; you were compensated for in any way by any third party; contains restricted or hidden content; may infringe any patent, trademark copyright, trade secret, right of publicity, or other intellectual or proprietary rights of any party.

• Violates the law or encourages unlawful behavior.
• Infringes upon the intellectual property rights of others.
• Contains false information or misrepresents affiliation with any entity.
• Includes unsolicited promotions, advertising, or solicitations.
• Discloses private or personal information of third parties without consent.
• Attempts to gain unauthorized access to restricted areas or engage in commercial activities.
• Distributes spam, viruses, or harmful content.
• Impedes or restricts others from using the services provided by Hera Mythras.
• Attempt to access restricted areas, collect passwords, or solicit personal information from other users.
• Include unsolicited advertising, promotional material, or spam.
• Contain viruses, corrupted data, or other harmful content.
• Restrict or prevent others from using the services provided by Hera Mythras, or expose Hera Mythras or others to liability.

Enforcement of these guidelines is at Hera Mythras’s discretion, and failure to enforce them in some instances does not waive the right to enforce them in others. These guidelines do not create any private right of action for third parties or guarantee the immediate removal of objectionable material from the Services.

•  These guidelines aim to maintain a safe and respectful environment for users and ensure compliance with legal and ethical standards.

Enforcement of these Guidelines is solely at Hera Mythras ’s discretion, and failure to enforce these Guidelines in some instances does not constitute a waiver of our right to enforce it in other instances. These Guidelines do not create any right or private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these UGC Terms or that objectionable material will be promptly removed after it has been posted.

Hera Mythras does not commit to reviewing all User Content and explicitly disclaims any duty or obligation to monitor or review any User Content. While there is no obligation to screen, edit, or monitor User Content, Hera Mythras reserves the right to remove, modify, and/or block any offensive or inappropriate content that may violate the rights of others, these UGC Terms, or the terms of use of any Hera Mythras Properties. You acknowledge that Hera Mythras has the discretion, though not the obligation, to refuse to post or remove any User Content. Additionally, Hera Mythras may terminate or suspend your access to all or part of the Services, temporarily or permanently, if your User Content is reasonably likely, in their sole determination, to violate applicable law or these UGC Terms.

You understand that using Hera Mythras Properties may expose you to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will Hera Mythras be liable for any User Content, including any errors or omissions in it, or for any loss or damage incurred by any person in connection with any User Content.

Without limiting the above or any other provision of these UGC Terms, Hera Mythras reserves the right to terminate access to submit User Content to Hera Mythras Web Properties without prior notice for any user who violates these UGC Terms and infringes the rights of others. Additionally, Hera Mythras may:

Hera Mythras reserves the right to take any action with respect to your User Content that is necessary or appropriate, in Hera Mythras’s sole discretion, to ensure compliance with applicable law and these UGC Terms, or to protect Hera Myhras ’s rights, or to protect any third-party rights, including third-party intellectual property and privacy rights 

• As permitted by law, Hera Mythras will fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure of the identity or other information of anyone posting any User Content on or through the Services. 
• Privacy Policy

All users of Hera Mythras  Web Properties agree that their access to, and use of, any Hera Mythras Web Property is subject to these UGC Terms, the Hera Mythras  Privacy Policy, and all applicable laws, and that any such access or use is undertaken at the user’s own risk.

The User Content that you submit will be treated as non-confidential and non-proprietary, and Hera Mythras  has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Hera Mythras Privacy Policy. By using Hera Mythras Web Properties or the HM Services, you consent to the collection of any personal information you provide for use and disclosure in connection with Hera Mythras s use of your User Content as described in these UGC Terms.

• Public Content 

When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. If you choose to make any of your information publicly available through the Services, you do so at your own risk.

• User Content License
• You retain all rights in and to your User Content, except for the portion of the Services included in your User Content. However, you grant Hera Mythras and its Licensed Parties an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, display, distribute, modify, and prepare derivative works of your User Content for any purpose, including promotional and advertising purposes, in any media now known or hereafter devised. This license also includes the right to sublicense your User Content.
• You waive any moral rights or other rights regarding the attribution of authorship or integrity of materials in your User Content. Hera Mythras has the right to use your username, real name, image, likeness, and other identifying information in connection with your User Content. You release Hera Mythras and its Licensed Parties from any liability related to their use of your User Content.
• Your User Content will not be returned, and Hera Mythras reserves the right to cease using any User Content at its discretion. You agree that Hera Mythras can use your User Content, including any ideas or concepts contained therein, without attribution or payment, for any purpose, including marketing, promotional activities, advertising, or publicity.
• You must ensure that you have all necessary rights to grant this license for your User Content, and you represent and warrant that your User Content will not violate any rights of any person or entity or cause injury to any person or entity.
• You acknowledge that your User Content will not be returned and that the Licensed Parties reserve the right to cease use of any User Content at their sole discretion. You grant Hera Mythras the right to use your User Content, and any ideas, concepts or know-how contained therein, without attribution or payment of any form of consideration and for any purpose including, without limitation, marketing, promotional activities, advertising, or for publicity, trade or commercial purposes.

You may not create, post or share any User Content for which you do not have all the rights necessary to grant us the license described in this User Content License section, and you represent and warrant that your User Content, and our use of such User Content as permitted by these UGC Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity.

• Representations and Warranties

By responding with #HMApproved and/or providing User Content on or through our Services, you confirm that:

• You are at least eighteen (18) years old or of legal age in your jurisdiction.

• You own or have the necessary rights to the User Content, and it is your original creation.

• The User Content has not been copied or derived from any other work.

• You have the authority to grant the rights described herein, and our use of your User Content will not violate any third-party rights.

• You have obtained permission from any individuals appearing in your User Content, and you agree to provide proof of such permission upon request by Hera Mythras

 

• • The User Content complies with these UGC Terms and does not violate any applicable laws or regulations;
  • You agree to indemnify the Licensed Parties for all claims arising from or in connection with your User Content;
  • You further agree to indemnify and hold harmless Hera Mythras  and its affiliates, and each of their respective equity holders, directors, officers, employees, partners, agents and representatives (collectively, the “Releasees”), from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs (including reasonable attorney’s fees), liabilities, verdicts, judgments and settlements) arising out of use of your User Content or any breach of these representations or warranties; and
  • Upon responding with #HMApproved, you hereby release the Releasees from, and irrevocably waive, any and all claims that the Licensed Party’s use of your User Content in accordance with these UGC Terms infringes or violates any of your rights in any way whatsoever.

 

hMmedia POLICY

Last Updated: march 17, 2024

Hera Mythras  respects the copyrights of others and we require all users to do the same. Our policy is to respond to notices of alleged infringement that comply with the Hera Mythras Media Copyright Act (“HMMEDIA”) If you believe in good faith that your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, you may notify our HMMEDIA Agent either by mail to Hera Mythras  hello@heramythras.com

To submit a copyright infringement notification, you typically need to include the following information:

• Your physical or electronic signature or that of the authorized person acting on behalf of the copyright owner.
• Description of the copyrighted work that you claim has been infringed.
• Description of where the allegedly infringing material is located (e.g., URL).
• Your contact information, including address, telephone number, and email address.
• A statement affirming that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information provided in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

It’s important to ensure the accuracy of the information provided, as misrepresentation can result in legal consequences.