HEARD Member Agreement/Terms of Use

Welcome to HEARD. We would love you to use the platform to help you easily connect, communicate and collaborate with the people in your school community. This agreement describes your rights and responsibilities as a HEARD member and what you can expect from us. If you have questions, please email us at support@heardnow.co.

Real Names. Since we seek to bring people in a school community or organization closer together, we require HEARD members to use real names, not pseudonyms. We reserve the right to suspend obviously pseudonymous accounts. If you require special accommodation to the real names policy, please contact us at support@heardnow.co.

Eligibility. HEARD seeks to connect parents, teachers, coaches, and care providers to one another to facilitate their communication. The HEARD platform contains organizational units, such as schools, classrooms, teams, and clubs. If you falsely represent your relationship to one of those organizational units, you are violating this membership agreement and may be committing fraud. HEARD is for adults, not children. If you're under 18, do not sign up or provide us any information about yourself or others. We take the Children's Online Privacy Protection Act ("COPPA") seriously and will remove any content posted by a child under 13. If you suspect that content has been written by someone under the age of 13, please contact us at support@heardnow.co.

Children's Information. If you provide information about your child for use as part of your child's school, team, or club, it will only be visible within that school, team, or club unless you explicitly authorize otherwise. We will never knowingly make information about your child visible to third-party search engines.

Third Parties. We do not turn over your personally identifiable information about you or anyone in your family to third party marketers without your explicit consent. See our full privacy policy. You may not harvest information from HEARD for purposes of direct commercial solicitation through email or other electronic means, nor may you sell such information to third parties for any purpose.

Content. You retain all ownership rights to the text, photos, video and other content you submit to HEARD (collectively, your "Content"). You are responsible for the Content, and should make mature judgments about what you believe is appropriate to share with fellow members of your community. You give us a non-exclusive, royalty-free, perpetual, sub-licensable, irrevocable license to use your Content in connection with the Services and HEARD's business; however, HEARD will only share your personally identifiable information in accordance with Company's privacy policy. You also give each user of the Services a non-exclusive license to access your Content through HEARD, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Services and under this Agreement. You may not provide us with any Content you don't have the right to publish or that is defamatory, infringing, illegal, or otherwise tortious. We may delete content we believe is inappropriate, but we cannot guarantee that we will delete all such content or represent that a uniform standard of appropriateness can be agreed upon or enforced.

We protect rights holders under the Digital Millenium Copyright Act. If you believe Content on HEARD infringes your copyright, please consult our DMCA procedures. Your notice must satisfy the requirements enumerated in 17 U.S.C. §512(c)(3).

Account Termination. You may cancel your account at any time. We will erase your user profile from the site, but we cannot guarantee that Content you've submitted will be deleted. We can cancel or suspend your account or other privileges, or otherwise refuse service to you, if you violate this agreement or our other policies or engage in behavior that we determine undermines the community we seek to create. If you feel your account has been terminated unfairly, you may contact us at support@heardnow.co.

Limitation of Liability. IN NO EVENT WILL HEARD, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE, DISPUTES WITH OTHER MEMBERS, OR DISPUTES REGARDING THIRD PARTY SERVICES YOU FIND THROUGH HEARD) ARISING OUT OF OR IN CONNECTION WITH HEARD, OUR SERVICES OR THIS AGREEMENT. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100. Some jurisdictions do not allow damages exclusions, so they may not apply to you.

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold HEARD, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice will not eliminate or reduce your indemnification obligations hereunder).

Governing Law/Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms will be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing obligation to arbitrate disputes, each party will have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.

No Warranty. HEARD AND ITS SERVICES ARE PROVIDED "AS IS." We are constantly updating and improving the service, but we do not promise that any aspect of the site, mobile apps, or our system will work properly or continuously. Some jurisdictions do not allow warranty exclusions, so they may not apply to you.

If you have a dispute with a fellow parent, teacher, or any other third party you encounter through the service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

General. This agreement, our detailed Terms and our Privacy Policy (which is hereby incorporated into this agreement) constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters. This is a legally binding contract. We can amend this agreement, our Terms or the Privacy Policy by posting an amendment notice in a prominent place in the application, and you can terminate your account if you disagree with the new terms, otherwise your continued use of the service constitutes acceptance. Otherwise, this agreement may be amended, assigned, or transferred only by a written document physically signed by both a HEARD executive and you. If you use our iPhone application, you also agree to Apple's Software License Agreement.

This agreement does not create any agency, partnership, joint venture, employment or franchise relationship between you and HEARD. Any unenforceable portion of this agreement shall be edited as little as possible so that the rest of the agreement reflects as closely as possible the parties' original intent. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our control.

Last Updated: June 21, 2017