Terms and Conditions
Please read these Terms and Conditions before using HeardAbout.com (the "Site"). By using the Site and its applications, claiming a offer, or otherwise using a service provided by HeardAbout, Inc. (“HeardAbout”), you agree to these Terms and Conditions.
These Terms and Conditions were last updated on June 23, 2011.
You must create an account to participate in Offers, Promotions or other Services provided on or through the Site. You are solely responsible for the activity in your account so you must keep your account Password secure. You must notify HeardAbout immediately of any security breach or unauthorized use of your account. You may be, and HeardAbout will not be, liable for losses or other consequences caused by any security breach or unauthorized use of your account. You may not permit another to use your account. HeardAbout reserves the right to reject or terminate your account at any time with or without cause.
HeardAbout provides its users with Offers that may be used to participate in limited Discounts and Promotions for Goods or Services. The Providers of those Goods or Services, and not HeardAbout, are the sellers of the associated Goods and Services and are solely responsible for providing them, their quality, compliance with law, including laws with respect to Expiration Dates and the service of alcoholic beverages, and for redeeming Offers. Offers may be used only once. After receiving an Offer, you must contact the Providers of the Goods or Services to make a purchase. Availability may be limited and there is no guaranty that it will be sufficient to meet all Offers issued. Offers are subject to terms, conditions, limitations and restrictions stated on the Site (the “Rules.”) Rules for specific Offers are expressly incorporated by this reference. In the event of a conflict between the Rules and these Terms and Conditions, the Rules shall govern. HeardAbout is not responsible for additional or different terms, conditions, limitations and restrictions that may be imposed by the Providers of Goods and Services. HeardAbout reserves the right to cancel, terminate or alter any Offers, Promotions or other services at any time. Offers and Promotions are not exchangeable, refundable or redeemable in cash unless required by law.
4. Use of the Content
The Content on the Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content of the Site. You publish, display or commercially exploit material from the Site only if you have HeardAbout’s written consent which may be rescinded.
5. Third Party Websites
Through the Site you may be able to link to third parties' websites. Linked sites are not reviewed, controlled, or examined by HeardAbout in any way and HeardAbout is not responsible for their content. These links do not imply HeardAbout’s endorsement of or association with the linked sites. In no event shall HeardAbout be liable directly or indirectly to anyone for any loss or damage arising from or occasioned by their use, or the information or material accessed through linked sites.
6. Intellectual Property Rights
As between HeardAbout and you, HeardAbout is the sole owner of all Content on the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other associated intellectual property rights. Except as otherwise specifically provided herein, you may not download or save a copy of the Site or any portion thereof for any purpose. You may print a copy of individual screens appearing on the Site solely for your personal, noncommercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of linked sites are the property of their content owners and may be protected by copyright or other intellectual property laws.
7. Disclaimer of Warranties
The Site provides you with helpful information and reviews pertaining to restaurants and other Goods and Services. By using the Site, you acknowledge that all Content posted, whether in the form of reviews of restaurants or other Goods and Services, opinions, or otherwise, is the author's opinion. Under no circumstances can you hold HeardAbout liable for any consequences whatsoever that result from the advice or opinions expressed on the Site or purchasing or using any Goods or Services. HeardAbout DOES NOT MAKE ANY, AND DISCLAIMS ANY AND ALL PROMISES, IMPLIED OR EXPRESS WARRANTIES, OR GUARANTEES OF ANY NATURE WITH RESPECT TO ANY CONTENT ON THE SITE OR ITS AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, OR TIMELINESS.
THE SITE AND ALL GOODS AND SERVICES INTRODUCED, MADE AVAILABLE OR OFFERED ON OR THROUGH IT ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HeardAbout SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES RELATED TO: TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HeardAbout DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE OR SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO IT WILL BE UNINTERRUPTED OR ERROR-FREE. HeardAbout DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF USING THE CONTENT, PROMOTIONS, SPECIALS, OTHER SERVICES, PASSCODES OR RELATED GOODS OR SERVICES.
8. Limitation of Liability
IN NO EVENT WILL HeardAbout, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS (HEREINAFTER COLLECTIVELY “HeardAbout”), BE LIABLE TO ANY PARTY (1) FOR ANY INJURY, LOSS, CLAIM, LIABILITIES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF HeardAbout HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (2) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE OR GOODS OR SERVICES PROVIDED ON IT INCLUDING FAILURES IN PERFORMANCE BY THEIR PROVIDERS.
9. Severability and Miscellaneous
If any part of these Terms and Conditions are held invalid or unenforceable, they shall be reformed or otherwise construed consistently with applicable law to reflect, as nearly as possible, their original import, and the remaining portions shall remain in full force and effect. These Terms and Conditions are the entire agreement between User and HeardAbout; no portion may be modified or waived without a writing executed by HeardAbout in favor of a particular User; and no provisions hereunder are assignable.
10. Applicable Laws and Exclusive Jurisdiction
You agree that the laws of the State of California, including its conflicts of law rules, shall govern these Terms and Conditions expect Expiration Dates will be governed by local law. You expressly agree that exclusive jurisdiction for any claim or dispute with HeardAbout resides in the courts of the State of California, County of Los Angeles, and you further agree and expressly consent to the exercise of personal jurisdiction in said courts in connection therewith. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO HeardAbout’s ACTS OR OMISSIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER IT ACCRUES. OTHERWISE IT IS PERMANENTLY BARRED.
11. Capacity and Integration
You affirm that you are at least 18 years of age and are fully able and competent to enter into, and comply with these Terms and Conditions. If you are under 18 years of age, do not use the Site. It is not intended for you. Except as supplemented or modified by specific Offers, Promotions or other services, these Terms and Conditions constitute the entire agreement between you and HeardAbout relating to the subject matter hereof, supersede all prior agreements and may not be modified without a writing executed by you and HeardAbout. Any inquiries concerning these Terms and Conditions should be directed to: firstname.lastname@example.org
These Terms and Conditions may be updated and modified from time to time effective immediately upon posting on the Site. Users continued use of the Site constitutes acceptance to the new Terms and Conditions. It is User’s responsibility to re-read them from time to time to say informed of any changes. User must stop using the Site unless you agree to such changes.
3012 16th Street, Suite 205
San Francisco, CA 94103