This is a total GM (my) judgment call, but I'm curious to get other views. We ended our last session with one of the PCs about to be charged and surprised/sneak attacked by three thugs. The PC wants to use a hero point to move before she is attacked. The player referred me to this use of hero points: "Act Out of Turn: You can spend a hero point to take your turn immediately. Treat this as a readied action, moving your initiative to just before the currently acting creature. You may only take a move or a standard action on this turn."
I'm not sure that technically applies, because this is a surprise round and the PC does not technically have a turn yet. I think the PC would actually get 2 things out of the use of the hero point: (1) getting to act in the surprise round; and (2) getting to act FIRST in the surprise round.
Would you let the PC use a hero point to act before her surprise assailants? If not, perhaps a compromise would be say that the use of the hero points means the PC isn't surprised, but the PC is still flat-footed if she doesn't beat the assailants in initiative? I'd probably roll the assailants' initiatives separately in that instance.
