Terms of Use

Lightbulb Moment Labs, Inc.
DBA HubSpot Hero

Terms and Conditions of Use

Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any digital or downloadable, theme, template, resource, class, program, workshop, or training, operated by Lightbulb Moment Labs, Inc. DBA Helpful Hero (for any purpose), whether on a website hosted by Lightbulb Moment Labs, Inc. or a third-party website such as hubspot.com, any online marketplace, or an online course platform (collectively “the Theme”).

If you do not agree with these TOU, you may not use the Theme.

As used in these TOU, the term “Releasees” is defined to include the following: (i) Lightbulb Moment Labs, Inc., its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; (iii) Kevin Fremon.

1. Users

This Theme is intended and only suitable for individuals aged 18 and above. Company hereby disclaims all liability for use by individuals under the age of 18.

2. Payment and Refunds

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

Your satisfaction with the Theme is important to us. If you are not satisfied with the Theme within the first thirty (30) days after your purchase, you can request a refund in the HubSpot marketplace. Request a refund by clicking on the “purchased” tab. Click the dropdown on the theme or single template you purchased, and select "request a refund." (HubSpot may update its process for refunds; contact us at KEVIN@HELPFULHERO.COM if you have any trouble with your refund request.)

If you've taken advantage of the two included hours of customization for the CLEAN Theme and then request a refund, Company will refund you the difference between the price you paid for the Theme and its then-current rate for a 2-hour customization pack (currently $500).

Company typically processes refund requests within 24-48 hours after receipt. Once we process the refund, our payment processor may take 5-10 days to credit the payment back to your method of payment.

Company will NOT provide refunds for any request it receives more than 30 days following the date of purchase. Starting on day 31 after purchase, all payments are non-refundable.

Unless otherwise provided by law, you acknowledge that more than 30 days after purchase, we do not offer refunds for any portion of your payment for any of our Theme and no refunds will be provided to you at any time. By using and/or purchasing our Theme, you understand and agree that all sales are final and no refunds will be provided more than 30 days following the date of purchase.

Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Theme, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

3. Intellectual Property Rights

A. Ownership of the Content

The design, layout, graphics, information, materials, documents, data, code, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Theme, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

B. The Company’s Limited License to You; Lifetime Access:

If you view, purchase or access any Theme or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to a single HubSpot account only. If you host multiple domains under a single HubSpot account, you may use the Theme for those multiple domains on your single HubSpot account.

You may not republish, reproduce, attempt to recreate, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Theme or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business or businesses). By using the Theme or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Theme or Content shall constitute infringement.

You must receive our written permission before using any of the Theme or Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Theme or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license are reserved by us.

You will receive lifetime access to the Theme so long as you maintain a HubSpot account, including any future updates.  You will receive alerts of any future updates through your HubSpot account dashboard. 

C. Unauthorized Use

Your use of any materials found in the Theme or Content other than that expressly authorized in this agreement or by a separate written assignment is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Theme in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Theme, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

D. Your License to the Company; Use in Testimonials and Marketing.

By posting or submitting any material to Company such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old.

Company may request your consent to use your likeness (including your name and/or company name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that Company, and anyone authorized by Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Theme and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may elect to cease the use of Your Material in the Theme or in our Content at any time for any reason. 

E. Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to kevin@helpfulhero.com

If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Theme and Content.

4. Customization

Purchasers of the CLEAN Pro Theme will receive two (2) included hours of customization of the Theme at no additional charge.  You may request additional customization of the Theme at Company’s then-current pricing, subject to Company’s availability, by sending an e-mail to kevin@helpfulhero.com.

All additional customization services must be paid in full prior to Company beginning any work.

5. Your Conduct

You are strictly forbidden from the following:

• Causing damage to any Company website or third-party forums operated by the Company

• Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity

• Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

• Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes

• Systematically or automatically collecting data from any Company website or third-party forums operated by the Company

• Sharing private and proprietary information from the Theme with anyone else

6. Termination

Company reserves the right in its sole discretion to refuse or terminate your access to the Theme and Content, in full or in part, in the event we determine you have violated any of these TOU. In the event of cancellation or termination, you are no longer authorized to access the part of the Theme or Content affected by such cancellation or termination, and HubSpot will disable your access to any of the Theme and any of your customization to the Theme. The restrictions imposed on you in these TOU with respect to the Theme and its Content will still apply now and in the future, even after termination by you or the Company.

7. Personal Responsibility, Disclaimers

1. The Theme and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. The Theme and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional.  You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results.  You should consult with a professional if you have specific questions about your own unique situation.  The Company disclaims any liability for your reliance on any opinions or advice contained in the Theme and Content.
2. Earnings and Results Disclaimer.  You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your use of the Theme and Content.  Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Theme and Content, and you understand that results and earnings differ for each individual.
3. Any links to third-party products, services, or sites are subject to separate terms and conditions. Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
4. Company tries to ensure that the availability and delivery of the Theme and Content is uninterrupted and error-free. However, Company cannot guarantee that your access to HubSpot or its marketplace will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates.
5. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE Theme AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE Theme OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE Theme, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE Theme.

8. Security

Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.

9. Jurisdiction, Venue

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws. The nearest state and federal court to Los Angeles, California shall have exclusive jurisdiction over any case or controversy arising from or relating to the Theme or Content, including but not limited to the Privacy Policy or these TOU. By using the Theme or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non-conveniens.

10. Users Outside United States

Company controls and operates from offices in the United States. Company does not represent that materials in the Theme or Content are appropriate or available for use in other locations. People who choose to access the Theme or Content from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11. Indemnification and Release

You agree to defend, indemnify, release, and hold harmless Releasees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Theme or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Theme or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of Texas, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

Company may change, modify or update these TOU at any time. Any access or use of the Theme or Content by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these TOU, contact kevin@helpfulhero.com.

By clicking on the box to buy any of the Themes, you are providing the electronic equivalent of your signature and assert that you have read, understood, and agreed to this entire document.  If you do not agree with these TOU, do not purchase or use any of the Themes or Content.