Last Updated: 7/7/2022
We want to make sure you completely understand what Hearing Out Loud is all about.
Please email us at [email protected] if anything is unclear.
THIS AGREEMENT IS A CONTRACT
IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS. IT ALSO PROVIDES THAT YOU WILL NOT BRING CLASS ACTION CLAIMS AGAINST US.
PLEASE READ THIS AGREEMENT CAREFULLY, AND PRINT IT.
This Agreement is copyrighted material and is not for reproduction or re-use by others.
Acceptance of terms through use
By continuing to browse the Site you signify that you have read, understand and agree to be bound by this Agreement. If you do not agree with any provision of this Agreement, please do not use the Services.
Changes to this Agreement. You acknowledge and agree that Hearing Out Loud, in its sole discretion, may amend or modify the Services and this Agreement at any time and in any manner. When this happens, we will revise the “Last Updated” date on this page. We encourage you to review this page periodically. Your continued use of the Services following the posting of changes to this Agreement will mean that you accept such changes. If by law, regulation or contractual obligation You are required to receive advance notice of changes, please contact us at [email protected] to arrange for advance notice.
Definitions. As used in this Agreement:
"Person" means any individual, corporation, partnership, association or other group of persons, whether or not organized as a legal entity, including legal successors or representatives of the foregoing.
“User” means any Person who visits the Site or uses the Services for any purpose, authorized or unauthorized.
“User Content” means any and all works of authorship, designations of source, and works and information subject anywhere to rights of privacy and/or publicity, whether copyrightable or not, whether registered or not, that are provided to Hearing Out Loud by any User. By way of example and not limitation, User Content includes but is not limited to trademarks, service marks, trade dress, sound recordings, musical compositions, lyrics, visual art, graphics, photographs, names, biographies, literary works, videos and other audiovisual work, compilations, derivative works and collective works.
We use the services of KAJABI for building and hosting the Site (https://kajabi.com). For purposes of this Agreement, “Kajabi” shall refer to Kajabi LLC, a California limited liability company, and all of its related parents and affiliates.
Kajabi’s policies appear here: https://kajabi.com/policies. Individually and collectively, we shall refer to Kajabi’s policies as the “Kajabi Policies”). For purposes of the Kajabi Policies, you are considered our “End User.” We encourage you to review the Kajabi Policies, closely. We do not control the Kajabi Policies, but they affect us and they affect you. In the event of any conflict between this Agreement or our Privacy Statement, and any Kajabi Policy, the first order of interpretation, if possible, shall be that confirming our compliance with the Kajabi Policy.
BY ACCEPTING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE REVIEWED THE KAJABI POLICIES AND THAT YOU ACCEPT KAJABI’S PRIVACY AND DATA PRACTICES.
Policies; User Content; DMCA
From time to time Hearing Out Loud may post guidelines, policies and rules on the Site, including but not limited to our Privacy Statement, and our copyright DMCA Policy (individually and collectively, the "Policies"). As they may be amended from time to time, the Policies are incorporated by reference into this Agreement and you agree to their terms. You should review the Policies frequently and carefully. In the event of any conflict between this Agreement and the Policies, the first order of interpretation shall be to give effect overall to Hearing Out Loud’s reasonably supported intent. If a next order of interpretation is required, this Agreement shall control.
Hearing Out Loud shall have the right but not the obligation to review all User Content and in its sole discretion to remove or refuse to post any User Content for any reason.
You hereby grant to Hearing Out Loud a nonexclusive, perpetual, worldwide, irrevocable, royalty-free license to reproduce, adapt, perform, display, and broadcast all User Content you submit to Hearing Out Loud, as reasonably necessary to facilitate any purposes, whether stated expressly or reasonably inferred, for which you submitted the User Content.
You shall retain full ownership of all rights in and to User Content you submit to Hearing Out Loud, subject only to the rights and licenses you grant to Hearing Out Loud pursuant to this Agreement or any other applicable agreement. Without limiting any other provisions of this Agreement: you authorize and direct us to make and retain such copies of your User Content as we deem necessary in order to facilitate the storage, use and display of such User Content in accordance with your chosen account settings, if any.
If you believe that User Content in which you hold an ownership interest has been posted to the Site or otherwise submitted to Hearing Out Loud without your permission, you must, and hereby agree, immediately to notify Hearing Out Loud’s Copyright Agent. The procedure for doing so appears here.
Hearing Out Loud recommends that you register your User Content with the United States Copyright Office. While Hearing Out Loud takes commercially reasonable steps to ensure that the rights of its members are not violated by other Users, Hearing Out Loud has no obligation to pursue legal action against any alleged infringer of any rights in or to your User Content.
You are solely responsible at your own cost and expense for creating backup copies and replacing any User Content you post or store on the Site or otherwise provide to Hearing Out Loud.
Services Access. Your access to the Services is conditioned upon your full and ongoing compliance with all the terms and conditions of this Agreement.
You may not resell or use the Site or Services for any commercial purpose. You may not make any derivative use of the Site or Services. You may not use data mining, robots, or similar data gathering and extraction tools. Excepting uses that are permitted under applicable provisions of law, neither the Services nor any portion thereof may be reproduced, modified, sold, performed, displayed, or otherwise exploited for any purpose other than your personal use, without our express written consent.
Except for open source software components, all Services and their contents, including but not limited to text, graphics, logos, layout, design, button icons, visual images, compilations, products, object code, source code, multimedia content (including but not limited to images, illustrations, audio and video files), databases, policies, statements, agreements, trademarks, trade dress, and all other work and intellectual property of any type or kind, whether patentable or copyrightable or not (hereinafter, without limitation, “Content”), are the property of Hearing Out Loud or its licensors and are protected by United States and international copyright laws with all rights reserved. The compilation of any/all Content is the exclusive property of Hearing Out Loud and is protected by United States and international copyright laws with all rights reserved.
You agree not to reproduce, reverse engineer, decompile, disassemble or modify any portion of the Services. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties.
You acknowledge that Hearing Out Loud retains exclusive ownership of the Services and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services or Content, and Hearing Out Loud reserves all rights not expressly granted hereunder. You shall promptly notify Hearing Out Loud in writing upon your discovery of any unauthorized use or infringement of the Services or Hearing Out Loud’ patents, copyrights, trade secrets, trademarks or other intellectual property rights. The Services contain proprietary and confidential information that is protected by copyright laws and international treaty provisions.
We have the right to investigate occurrences which may involve violations of this Agreement and/or policies posted on the Site, and we may provide information to and cooperate with, law enforcement authorities.
Subject to our Privacy Statement, no information or material uploaded or sent to Hearing Out Loud at, on or through the Services will be deemed or treated as confidential. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services and Content (“Submissions”) provided by you to Hearing Out Loud shall become the sole property of Hearing Out Loud. You hereby assign to Hearing Out Loud all exclusive rights, including all intellectual property rights, to Submissions and Hearing Out Loud shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without notice, attribution or compensation to you.
“HEARING OUT LOUD,” the Hearing Out Loud logos, and all other trademarks, service marks, logos and trade dress appearing in the Services and Content, registered and unregistered (collectively, the "Marks") are owned exclusively by Hearing Out Loud or its licensors. Marks appearing in the Services and not owned by Hearing Out Loud are the property of their respective owners. You agree not to copy, display or otherwise use any Marks without Hearing Out Loud’s prior written permission. The Marks may never be used in any manner likely to cause confusion, disparage or dilute. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on the Services.
User Conduct and General Practices. You agree not to use the Services in any unlawful manner or, without limitation, to:
- harvest or collect email addresses or other contact information from others by electronic or other means;
- damage, disable, overburden or impair the Services;
- use automated scripts to collect information from or otherwise interact with the Services;
- upload, post, transmit, share, store or otherwise make available any content in a manner or for purposes that could subject Company to liability, including but not limited to content that is threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, fraudulent, invasive of privacy or publicity rights, or otherwise actionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone, otherwise than in connection with an authorized Service;
- upload, post, transmit, share or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate, stalk or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, harm to oneself or others, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
Hearing Out Loud reserves the right at any time and from time to time to modify or discontinue the Services and Content (or any part thereof), temporarily or permanently, with or without notice. You agree that Hearing Out Loud shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or Content.
Co-Branding, Framing, Metatags and Linking
You may not co-brand the Services. For purposes of this Agreement, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of Hearing Out Loud or its principal(s) in such a manner as is reasonably likely to give the impression that you have the right to display, publish, or distribute the Services or Content. You agree to cooperate with Hearing Out Loud in causing any unauthorized co-branding immediately to cease.
You may not frame or use framing techniques to enclose any Mark or other proprietary information without our written consent. You expressly agree not to include our name or Marks in any metatags or any other hidden text without our written consent.
You are granted a limited, revocable, nonexclusive license to create a hyperlink to the Site’s home page, provided that you comply with all of the following:
- The link must be a text-only link clearly marked “Hearing Out Loud®”;
- The link must point to the URL <https://www.hearingoutloud.net> and not to any other page within or without the Site;
- The link, when activated by any Person, must display the Site full-screen and not within a "frame" on the linking or any other site;
- The link shall not portray Hearing Out Loud or its principal(s) in any false, misleading, disparaging or otherwise offensive manner;
- Except as expressly permitted herein, the link may not use any Mark as part of the link without our prior express written permission; and
- The appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and Marks or create any false appearance that we are associated with or sponsor the linking or any other site.
We reserve the right to revoke this license to link at any time in our sole discretion.
User Representations. By accepting this Agreement you expressly warrant and represent that all factual assertions you have made and will make to us are true and complete; that you have reached the age of majority and are otherwise competent to enter into contracts in your jurisdiction; that you are at least 18 years of age; and that in any event you are receiving a benefit by this Agreement and by being permitted to access the Services.
Disclaimer of Warranties
A possibility exists that the Services could include inaccuracies or errors. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services. Although we attempt to ensure the integrity of the Services, we make no guarantees as to their completeness or correctness. In the event that a situation arises in which the Services' completeness or correctness is in question, you agree to contact us including, if possible, a description of the material to be checked and the location where such material can be found, as well as information sufficient to enable us to contact you. We will make best efforts to address your concerns as soon as reasonably practicable.
FROM TIME TO TIME THE SERVICES MAY CONTAIN LINKS TO PRODUCTS AND/OR SERVICES FOR WHICH WE RECEIVE COMPENSATION FROM AFFILIATE ADVERTISERS. HEARING OUT LOUD DOES NOT CONTROL THE QUALITY OR BUSINESS PRACTICES OF AFFILIATE ADVERTISERS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES IN CONNECTION THEREWITH. YOU EXPRESSLY AGREE THAT VISITING THE SITES OF, AND PURCHASING PRODUCTS FROM, AFFILIATE ADVERTISERS IS AT YOUR OWN RISK.
THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, ARE PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND WITHOUT PREJUDICE TO DISCLAIMERS FOUND ELSEWHERE IN THIS AGREEMENT, HEARING OUT LOUD AND ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, “HEARING OUT LOUD”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO OPINION, ADVICE OR STATEMENT OF HEARING OUT LOUD OR ITS USERS, WHETHER MADE THROUGH THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY. HEARING OUT LOUD DISCLAIMS ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE RECEIVED ANYWHERE ON OR THROUGH THE SERVICES AND THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE OR THROUGH THE SERVICES.
HEARING OUT LOUD DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, INFORMATION OR DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS.
Limitation of Liability.
NEITHER HEARING OUT LOUD NOR ANY OF OUR PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, “HEARING OUT LOUD”) ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH TO YOU, YOUR CHILDREN, OR THIRD PARTIES, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO USE OR MISUSE OF OR RELIANCE ON THE SERVICES, EVEN IF HEARING OUT LOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL HEARING OUT LOUD’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO HEARING OUT LOUD TO ACCESS THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING ANY SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LEGAL LIABILITY, LOST PROFITS, AND LOST DATA. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS OR LIMITATIONS.
Special Admonitions and Release: Content
HEARING LOSS IS A MEDICAL ISSUE. IT IS YOUR RESPONSIBILITY TO CONSULT A QUALIFIED PHYSICIAN BEFORE MAKING ANY MEDICAL DECISION FOR YOURSELF OR OTHERS. YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THIS RESPONSIBILITY.
Hearing Out Loud does not provide medical services or advice.
Hearing Out Loud makes no assumption regarding the medical condition(s) or needs of any User. Nor should any User make any such assumption(s) about any other User. Hearing Out Loud does not collect medical information from any User.
The Content has been compiled in good faith and presented for your general information. While Hearing Out Loud hopes the Content is beneficial, it is not medical advice and it is not specific guidance. The Content does not replace or substitute for the services of trained professionals in any field, including, but not limited to, mental, psychological, medical, health, or any other professional fields. You should obtain professional guidance before acting on any Content. Hearing Out Loud accepts no liability for actions taken by any person based upon Content. You expressly agree not to use any Content in any manner that conflicts with the advice of your medical, psychological or other professionals.
You are assuming all risks, and releasing us from all liability, arising from any damage or injury You experience by using the Services.
You understand and expressly acknowledge that you have been informed of, understand, and are aware that hearing loss is a medical issue.
Knowingly and voluntarily, you expressly and solely assume any and all risks, including death, associated with using the Services and/or any of our websites. We shall not be liable to you for any claims, demands, damages or causes of actions due to any injury to your person or property, or that of any related third parties, including death, arising out of or in connection with your use of the Services.
In no way should any information provided by Hearing Out Loud be considered medical advice.
Hearing Out Loud does not monitor or endorse any comments, suggestions, ideas, or other contributions you may encounter from other Users; nor do we play any role in transactions, exchanges, or interactions of any kind between you and any other third party, including but not limited to other users of the Services and/or our affiliate advertisers.
You acknowledge and represent that you are voluntarily using the Services.
KNOWINGLY AND VOLUNTARILY, YOU HEREBY RELEASE AND FOREVER HOLD HEARING OUT LOUD HARMLESS FROM ANY AND ALL DAMAGES OR INJURIES YOU OR ANY RELATED THIRD PARTIES SUSTAIN OR EVER ALLEGE TO HAVE SUSTAINED AS A CONSEQUENCE OF YOUR USE OF THE SERVICES AND/OR INTERACTING IN ANY WAY WITH OTHER USERS AND/OR ANY OF OUR AFFILIATE ADVERTISERS.
Special Admonitions: International
We make no representation that our Services are appropriate or available for use everywhere in the world. Those who choose to access the Services from locations other than the United States do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. By accessing the Services you are consenting to have your personal data transferred to and processed in the United States.
The Services are further subject to United States export controls. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. No such products may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing any Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Services to any person, geographic area or jurisdiction, at any time and in our sole discretion.
Third Party Websites and Content
You understand that the Services may contain links or directions to third party web sites that are not owned or controlled by Hearing Out Loud ("Third Party Sites") and that Third Party Sites may contain advertisements, products, pictures, graphics, photographs, trademarks, logos, text, comments, messages, information, audiovisual work, sound recordings, musical compositions, lyrics, and other works and intellectual property (without limitation, “Third Party Content”) that is not owned or controlled by Hearing Out Loud.
Without limiting any other provisions of this Agreement, including but not limited to warranty disclaimers: we make no representations whatsoever about any Third Party Sites or Third Party Content that you may access through the Services. When you access any other website, you understand that it is entirely independent from the Services and Hearing Out Loud, and that we have no control over the content of such website nor of its policies. We cannot and will not investigate, monitor, censor or edit the content of any Third Party Sites or Third Party Content. It is up to you to take precautions to ensure that Third Party Sites and Third Party Content are free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature. If you access any Third Party Sites or use or install any Third Party Content, you do so at your own risk.
In addition, a link or direction to another website or resource does not mean that Hearing Out Loud endorses or accepts any responsibility for the content, use or policies of such website or resource, or that the policies of such website are consistent with our policies or the terms and conditions of this Agreement. We strongly encourage you to become familiar with the policies and practices of any linked site. You acknowledge and agree that all Third Party Content and Third Party Sites shall be governed by the policies and other rules established by the owners, operators or providers of such Third Party Content and/or Third Party Sites, and that Hearing Out Loud (including, without limitation, its principals, officers, directors, licensors, employees, agents, affiliates, successors and assigns) shall not be a party to, and shall play no role whatsoever in any dispute you may have with the owners, operators or providers of such Third Party Content and/or Third Party Sites.
BY USING THE SERVICES, YOU EXPRESSLY RELEASE HEARING OUT LOUD (INCLUDING, WITHOUT LIMITATION, ITS PRINCIPALS, OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY SITES OR THIRD PARTY CONTENT.
You agree to and hereby do indemnify, defend and hold harmless Hearing Out Loud and its principals, officers, directors, licensors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Services and/or your breach of this Agreement. Furthermore, you agree that Hearing Out Loud assumes no responsibility for the content you submit or make available through the Services.
This Agreement is binding on the Parties and their respective permitted successors and assigns. You may not assign this Agreement or any rights, benefits or obligations hereunder by operation of law or otherwise without the prior written consent of Hearing Out Loud, which may be withheld at Hearing Out Loud’ sole discretion. Hearing Out Loud may assign this Agreement, in whole or in part, for any reason, in its sole discretion. If any portion of this Agreement is found to be void or unenforceable, the remaining portion shall be enforceable with the invalid portion removed, giving all reasonable construction to permit the essential purposes of the Agreement to be achieved. The Parties’ various rights and remedies hereunder shall be construed to be cumulative.
This Agreement shall be deemed to have been made in the United States of America, State of Wisconsin, and it shall be governed by the substantive laws of the State of Wisconsin without regard to any applicable conflict of laws provisions. The Parties submit to jurisdiction in the state and federal courts sitting in or serving Dane County, Wisconsin, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections. Provided, however, that if we are sued or joined in an action in any other court or forum in respect of any matter which may give rise to a claim by us hereunder, you consent to the jurisdiction of such court or forum over any such claim. Nothing in this paragraph or Agreement constitutes our consent to the assertion of personal jurisdiction over Hearing Out Loud otherwise than in Wisconsin.
No action arising out of, in connection with, or relating to this Agreement shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both Parties. All statutes or provisions of law that would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period set forth in this paragraph.
Notice for California Users. Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210. The provider of service is HEARING OUT LOUD LLC, a Wisconsin limited liability company with its address publicly on file. There is no charge for browsing the Site. There are charges for certain goods and Services offered on the Site.
THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law. Nothing in this Agreement shall be construed or deemed to create any partnership, agency, joint venture, employment or franchise relationship between the Parties.
You agree to execute all further and additional documents as may be necessary or desirable to effectuate and carry out the provisions of this Agreement.
Captions and headings used in this Agreement are for purposes of convenience only and shall not be deemed to limit, affect the scope, meaning or intent of this Agreement, nor shall they otherwise be given any legal effect.
No breach of any agreement by Hearing Out Loud shall be deemed material unless you shall have given Hearing Out Loud written notice of such breach, and Hearing Out Loud fails to cure such breach within ninety (90) days after its receipt of such notice.
All notices required to be sent to Hearing Out Loud under this Agreement shall be in writing and shall be sent by email with proof of delivery addressed to [email protected] with LEGAL NOTICE in the subject line, Attention: Legal.
Financial Terms and Conditions
Hearing Out Loud plays no role, financial or otherwise, in any transaction between you and any credit card company or online payment processing vendor. The Financial Terms and Conditions set forth in this Agreement are meant exclusively to apply to transactions between you and Hearing Out Loud.
All payments due from you to Hearing Out Loud shall be made to Hearing Out Loud in United States dollars.
Our credit card processing provider is: Stripe (www.stripe.com).
You agree to pay for all fees and charges incurred under your account. If you pay for goods or services with a credit card, you authorize any and all charges and fees incurred under your account to be billed to your credit card account. Regardless of the method of payment, it is your sole responsibility to advise Hearing Out Loud of any billing problems or discrepancies within ten (10) days after such discrepancies or problems become known to you. Your credit card issuer agreement governs the use of your designated credit card account in connection with any purchase; you must refer exclusively to such issuer agreement, and not this Agreement, to determine your rights and liabilities as a cardholder.
If you pay for any goods or services by check and your check is returned for any reason, you shall remit to Hearing Out Loud a fee of $50.00 and shall immediately remit credit card payment for all charges in the subject order. Interest on all amounts due shall accrue at the rate of 1.5% per month or the greatest amount permitted by law.
You agree to pay Hearing Out Loud all reasonable costs of collection and directly related attorney fees incurred by us whether incurred prior to or after the commencement of formal legal action.
Stale Checks. Checks issued by Hearing Out Loud to any User, for any purpose, are VOID after 90 days from the date of issue. Users requesting replacement checks will be charged a $25.00 fee for issuance of the replacement check.
Billing questions can be directed to:
Hearing Out Loud LLC, Attn: Customer Service
Acceptance of Electronic Contract. You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement.
If you have any questions regarding this Agreement, please contact Hearing Out Loud at [email protected]