Terms of Service, Conditions of Use & Privacy

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Use License

By using the content, tools, scores, analysis, features and functionality located on Heardable.com (together the “Platform”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Heardable.com website) or you are a “Subscriber (you have registered with Heardable). The term “you” or “User” refers to a Visitor or a Subscriber.You may not use the Platform and you may not accept this Agreement if you are not of a legal age to form a binding contract with Heardable, Inc.If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.

Description of the Platform

The Platform is a social search analytics information service that allows Visitors and Subscribers to calculate their Heardable Scores. The Platform also presents insights and advice on how to improve websites, brand awareness, and online marketing readiness.

Your Account

By providing Heardable with your e-mail address, you agree to receive all required notices electronically. It is your responsibility to update or change that email address, as needed.Your right to access and use the Platform is personal to you and is not transferable by you to any other person or entity.By submitting your log-in information to Heardable through the Platform, you are authorizing Heardable to use and store the content, but only to provide the Platform to you. By submitting this content to Heardable, you represent that you are entitled to submit it to Heardable for use for this purpose.Your access and use of Heardable.com may be interrupted from time to time for any of several reasons, such as maintenance or repair. Heardable, its sole discretion, can interrupt the Platform without prior notice.

Disclaimer

The materials on Heardable, Inc.’s web site are provided “as is”. Heardable, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Heardable, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Heardable, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Heardable, Inc.’s Internet site, even if Heardable, Inc. or a Heardable, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on Heardable, Inc.’s web site could include technical, typographical, or photographic errors. Heardable, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. Heardable, Inc. may make changes to the materials contained on its web site at any time without notice. Heardable, Inc. does not, however, make any commitment to update the materials.

Links

Heardable, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Heardable, Inc. of the site. Use of any such linked web site is at the user’s own risk.

Site Terms of Use Modifications

Heardable, Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Heardable, Inc.’s web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

Blog Posting

The Platform allows you to post certain content on blogs and bulletin boards.Blog rules of engagement: 1. You are responsible for all content you submit. 2. You represent that you have all necessary rights to use this content, and hereby grant Heardable a perpetual, worldwide, non-exclusive, royalty-free, license to reproduce, distribute, modify, and display such content as permitted through the functionality of the Platform. 3. You may not post any content that is libelous, defamatory, indecent, or offensive. 4. You may not post any content that violates the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy. * Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. * We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. * We will only retain personal information as long as necessary for the fulfillment of those purposes. * We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. * Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. * We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. * We will make readily available to customers information about our policies and practices relating to the management of personal information.We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.