Terms and Condition

Last updated May 04, 2023

Thank you for visiting the Heard.io website (“Site”). Throughout the site, the terms “we”, “us”, “our” “Heard.io” refer to Heard.io. Heard.io offers this website, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here as well as our privacy policy linkedhere.

By visiting our Site and/or purchasing something from us or engaging in other services provided by Heard.io, you engage in our “Service” or “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

• Online Store Terms

  By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

  You may not use our products or Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

  Your use of the Services is also pursuant to the terms of use applicable to each platform used in connection with the Services, including but not limited to the Shopify Terms of Service: some of our vendors are hosted on Shopify Inc., which provides vendors with the online e-commerce platform that allows us to sell products and services to you.

• Conditions

  We reserve the right to refuse service to anyone for any reason at any time or to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made.

  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

  The Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Heard.io.

  You must provide accurate information about yourself/your company and account information and it is prohibited to provide false information or impersonate another person or company through your account. You are solely responsible for your account and any activity on your account. If you share your account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. You personally guarantee that you have the authority to agree to the Terms on behalf of the business you are registering on behalf of. Your accounts are not transferable. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

  You understand that Heard.io does not manufacture, store, or inspect any of the items sold through our Services. We provide the Site only so we cannot and do not make any warranties about the quality, safety, authenticity, or the legality of the items sold through our Services. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Heard.io from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

• Intellectual Property

  The Services, the Site, and all information, Software, data, the product database, printed and electronic documentation, content and materials including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are a part of this Site that you see, hear or otherwise experience on the Site, and all compilations thereof (the “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to Heard.io or its partners, affiliates, licensors, suppliers, contributors, or third parties.

  Subject to these Terms, Heard.io grants you a personal, revocable, non-exclusive, non-transferable license to use the Site, the Services and the Content and to use the Content for personal, non-commercial use. You may access, view, download, print or copy the Contents for your personal and non-commercial use provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way; and (3) do not provide or make available the Contents to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Heard.io owns and reserves all rights, title and interest in and to the intellectual property rights in any Content you access on this Site.

  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Site is strictly prohibited. We may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice.

  Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Heard.io, one of its affiliates or by third parties who have licensed their materials to Heard.io, and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Heard.io and is also protected by U.S. and international copyright laws.

• Site Security

  You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Heard.io will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Heard.io on this Site and other than generally available third party web browsers.

• User Comments, Feedback and other Submissions

  We welcome your comments regarding the Site; however, all comments, feedback, postcards, suggestions, ideas, or other submissions disclosed, submitted or offered to Heard.io on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain Heard.io’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Heard.io of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Heard.io will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Heard.io will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. Heard.io is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

• Colors

  We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

• Termination

  These terms are effective unless and until terminated by either you or Heard.io. You may terminate these Terms at any time, provided that you discontinue any further use of the Site. We also may terminate these Terms at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Heard.io’s sole discretion you fail to comply with any term or provision of these Terms. Upon any termination of the Terms by either you or Heard.io, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

  Heard.io may terminate or suspend your account (and any accounts Heard.io determines are related to your account) and your access to the Services should we have reason to believe you, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites. Generally, we will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

  If you or Heard.io terminate your account, you may lose any information associated with your account.

  We may discontinue the Services. We reserve the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out under these Terms. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

  The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

• Indemnification

  You agree to defend, indemnify and hold Heard.io (including our employees, officers, directors, agents, subsidiaries and affiliates) harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

• Disclaimer

  THIS SITE IS PROVIDED BY HEARD.IO ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEARD.IO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HEARD.IO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, HEARD.IO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.

  WE DO NOT GUARANTEE THAT: (1) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVIES WILL MEET YOUR EXPECTATIONS, YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

• Limitation of Liability

  TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER HEARD.IO (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HEARD.IO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HEARD.IO BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU

• Arbitration

  In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

• Class Action Waiver

  Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

• General

  These Terms represent the complete agreement between the parties and supersedes all prior agreements and representations between then. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed onto the extent necessary to make it enforceable and the other terms of the Terms shall remain in full force and effect. The failure of Heard.io to act with respect to a breach of the Terms by you or others does not constitute a waiver and shall not limit Heard.io’s rights with respect to such breach or subsequent breaches.

• Contact Information

  If you have any questions about the Terms, please email us at hello@heard.io.