HEARD Terms & Conditions

 HEARD is a parent teacher communication app; HEARD school communication tool; HEARD school communication platform  - Terms and Conditions

May 22, 2018: Updated to add a European Union clause.

Please read these Terms and Conditions carefully before using the HEARD website (www.heardnow.co) and communication platform. These terms are a detailed version of our member agreement. By accessing the HEARD website and communication platform, you agree to accept, without limitation or qualification, all of these Terms and Conditions. If you do not accept these Terms and Conditions, please exit the HEARD website/platform immediately.

Account Terms

  1. You may not use HEARD if you are in the European Union.

  2. You must be 18 years or older to use HEARD.

  3. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

  4. You must provide your name, a valid email address, and any other information requested in order to complete the signup process.

  5. Your login may only be used by one person - a single login shared by multiple people is not permitted.

  6. You are responsible for maintaining the security of your account and password. HEARD cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  7. You are responsible for all Content posted and activity that occurs under your account.

  8. You may not use HEARD for any illegal or unauthorized purpose. You must not, in the use of HEARD, violate any laws in your jurisdiction (including but not limited to copyright laws).

Agreement between User and HEARD

Welcome to HEARD. The www.heardnow.co website and communication platform (the "Service" or "Site") is comprised of various web pages operated by Heard Now, Inc. ("HEARD"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Service constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

HEARD is a Communication Service and Social Networking Site.

HEARD is a private online platform that allows school communities and organizations needing group communication solutions to easily and effectively connect, communicate and collaborate. The website www.heardnow.co provides information about the HEARD platform as well as the ability to join, access or learn how to and/or purchase the use of HEARD’s services for one's school or organization.


Real Names

Since we seek to bring parents, teachers and leaders in a school community 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 email support@heardnow.co


Eligibility

You may not use HEARD if you are in the European Union.

HEARD seeks to connect adults within a school or organization serving children and facilitate their communication. The HEARD platform contains organizational units, such as schools, classrooms, and teams. If you falsely represent your relationship to one of those organizations, you are violating this membership agreement and may be committing fraud. HEARD is for parents, 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 content has been written by someone under 13, please 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.


Electronic Communications

Visiting the Site or sending emails to HEARD constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.


Your Account

If you use this Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that HEARD is not responsible for third-party access to your account that results from theft or misappropriation of your account. HEARD and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.


Third Parties

We do not turn over your personally identifiable information about you or anyone in your family to third-party marketers. 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.


No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to HEARD that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of HEARD or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. HEARD content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HEARD and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HEARD or our licensors except as expressly authorized by these Terms.


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.

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).


Use of Communication Services

The Site may contain bulletin board services, chat areas, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information

  • Users may not copy, reproduce, or otherwise share any text, photos, videos, contact or any other information or display on a public or password-protected HEARD page

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages

  • Conduct or forward non-school-related surveys, contests, pyramid schemes or chain letters

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded

  • Restrict or inhibit any other user from using and enjoying the Communication Services

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent

  • Violate any applicable laws or regulations.

HEARD has no obligation to monitor the Communication Services. However, HEARD reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HEARD reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

HEARD reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HEARD's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. HEARD does not control or endorse the content, messages or information found in any Communication Service and, therefore, HEARD specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized HEARD spokespersons, and their views do not necessarily reflect those of HEARD. 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.


Permission to Send Notification

By agreeing to these Terms and Conditions, you give permission to HEARD to send you communication via email and/ or text when messages are posted on HEARD website by users authorized by your school or organization and also any marketing communication that HEARD may periodically send to you.

HEARD has no obligation to monitor the Communication Services. However, HEARD reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HEARD reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

HEARD specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, hosts, principal or teachers are not authorized HEARD spokespersons, and their views do not necessarily reflect those of HEARD.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.


Materials Provided to HEARD or Posted at Any HEARD Website

HEARD does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any HEARD Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting HEARD, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. HEARD is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HEARD's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.


Third-Party Accounts

You will be able to connect your HEARD account to third-party accounts. By connecting your HEARD account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.


International Users

The Service is controlled, operated and administered by HEARD from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the HEARD Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.


Indemnification

You agree to indemnify, defend and hold harmless HEARD, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HEARD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HEARD in asserting any available defenses.


Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, 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 and Conditions, 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 and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. 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 and Conditions.


Class Action Waiver

Any arbitration under these Terms and Conditions 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 you and HEARD 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.


Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HEARD NOW INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

HEARD NOW INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HEARD NOW INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEARD NOW INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEARD NOW INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
 

Termination/Access Restriction

HEARD reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and HEARD as a result of this agreement or use of the Site. HEARD's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HEARD's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by HEARD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HEARD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HEARD with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.


Modification of Terms and Conditions

HEARD reserves the right at any time to change any of the terms and conditions contained herein or any information contained in the HEARD website, including but not limited to the charges associated with the use of the HEARD website. If the Terms and Conditions do change, we will do our best to tell you in advance by placing a notification on the HEARD website, or we might send you an email. In certain situations (for example, where a change to the Terms and Conditions is necessary to comply with legal requirements or when the change is due to an inaccuracy or typographical error), we may not be able to give you advance notice. Changes to the Privacy Policy will be provided in advance.

If you don’t like the new Terms and Conditions, you are free to reject them – unfortunately, that means you won’t be able to use HEARD anymore. If you use the the Site in any way after a change to the Terms and Conditions is effective, then please remember that means you agree to all of the Terms and Conditions.


Modification of Website

The information, software, products, and services included in or available through the HEARD Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. HEARD and/ or the schools using the HEARD Site may make improvements and/or changes in the HEARD website at any time. Any such changes will appear on the individual pages of the HEARD Site and/or on this screen. By using the HEARD Site, you agree in advance to accept any such changes.


Availability

The HEARD Site is available worldwide to anyone with Internet access. However, the HEARD Site may not be continuously available due to maintenance or repairs or to computer problems or crashes, disruption in Internet service or other unforeseen circumstances.


No Unlawful or Prohibited Use

As a condition of your use of the HEARD Site, you warrant to HEARD that you will not use the HEARD Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HEARD Site in any manner which could damage, disable, overburden, or impair the HEARD Site or interfere with any other party's use and enjoyment of the HEARD Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HEARD Site.


Deactivating your HEARD Account

You can deactivate your account at any time by going into Account Settings. You can find this 1) on the web version by clicking on the arrow near your name in the menu bar at the top right and 2) on the mobile app by clicking on the menu icon on the top left. Here, you have the ability to opt out of receiving email notifications for announcements to any groups you are a part of, as well as deleting your own account. Your name and contact information may be put in an Alumni Database for the school to use. Please let us know if you wish to be removed completely from the HEARD database by emailing support@heardnow.co.

HEARD reserves the right to terminate (or suspend ) your access to HEARD services, for any reason, including your breach of these Terms and Conditions. HEARD has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms and Conditions.
 

Warranty Disclaimer

Your use of the HEARD Site is at your own risk. The HEARD Site contains information, facts, and opinions from various individuals and organizations. Neither HEARD nor the schools using it, HEARD subsidiaries, affiliates, agents, and representatives endorse or are responsible for the accuracy or reliability of any opinion, advice, or statement on the HEARD Site.


Privacy

Your use of the HEARD Site is subject to our Privacy Policy.
 

Disclosure

HEARD reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HEARD's sole discretion.

Questions or comments regarding the HEARD Site and the information contained in the HEARD Site should be directed to support@heardnow.co. Any communication or material transmitted to us via the HEARD Site or e-mail is transmitted on a non-confidential basis.


Copyrights and Trademarks

The content included on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of HEARD or its licensors or suppliers and are protected by copyright, trademark, and other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material for any purpose other than personal, non-commercial use without our written permission. To request such permission, send email to support@heardnow.co, including your name, address, and a description of the purpose of your intended distribution and the information you would like to distribute.


CONTACT US

HEARD welcomes your questions or comments regarding the Terms:

Heard Now, Inc.
3939 Cesar Chavez Street
San Francisco, California 94131

support@heardnow.co

Effective as of July 14, 2017