Last modified: January 09, 2019
AGREEMENT AND SERVICES
When you access a HeyTC Offering you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or Social Media. You agree that all agreements, notices, disclosures and other communications that HeyTC provides to you electronically satisfy any legal requirement that such communications be in writing.
SOCIAL NETWORK SITES
If you access a HeyTC Offering via a third party social networking site (“Social Media“), you should be aware that Social Media are only available to individuals who have registered with the social networking site. You agree that your social networking site account information is accurate, current and complete.
If HeyTC has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, HeyTC may suspend or terminate your ability to use or access HeyTC via Social Media.
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the HeyTC Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. HeyTC does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any HeyTC Offerings. HeyTC does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the HeyTC Offerings. You agree to indemnify HeyTC and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the HeyTC Offerings.
- Posting, transmitting, promoting, or distributing any content that is illegal
- Harassing or threatening any other user of a HeyTC Offering or any employee or contractor of HeyTC
- Impersonating another person, indicating that you are a HeyTC employee or a representative of HeyTC (if you are not), or attempting to mislead users by indicating that you represent HeyTC in any way
- Attempting to obtain private information from any user of a HeyTC Offering
- Uploading any software, files, photos, images or any other content to a HeyTC Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
- Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”, or making any commercial use of any HeyTC Offering.
- Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
- Improperly using any support functions or complaint buttons, or making false complaints or other reports to HeyTC representatives.
- Posting or communicating any persons real-world personal information within or through a HeyTC Offering
- Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.
- Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a HeyTC Offering, or using or launching any unauthorized script or other software.
- Using a false e-mail address or otherwise disguising the source of any content that you submit within a HeyTC Offering, or using tools which anonymize your internet protocol address.
- Interfering or circumventing any HeyTC Offering security feature or any feature that restricts or enforces limitations on use of or access to a HeyTC Offering.
Public Nature of Communications
You acknowledge and agree that your submitted content, including your posts and any other similar types of communications and submissions on or through any Offering Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any HeyTC Offerings (other than with respect to the information you provide to us in establishing email communication(s), if applicable). You acknowledge that personal information that you communicate publicly within any HeyTC Offering may be seen and used by others and may result in unsolicited communications. HeyTC is not liable for any information that you choose to submit or communicate to other users on or through any HeyTC Offerings, or for the actions of any other users of any HeyTC Offering.
You represent and warrant that you have all necessary rights in and to any materials that you post within any HeyTC Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify HeyTC and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant HeyTC permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a HeyTC Offering, you expressly grant HeyTC the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
Commercial Activity and Unsolicited E-mail
You may not use any portion of the HeyTC Offerings to collect information, including names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any HeyTC Offerings, or otherwise exploit your participation on or through any HeyTC Offerings for any commercial purpose.
When you post a comment, we will display your your user name and certain other information you may provide, such as your city and state location. By submitting a comment, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the comment feature.
THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES
Any and all content and services (including advertising) within a HeyTC Offering that are not owned by HeyTC are “third party content and services.” HeyTC acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain HeyTC Offerings may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. HeyTC does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.
INTELLECTUAL PROPERTY RIGHTS
LIMITATIONS ON WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF ANY HeyTC OFFERINGS AND THE INTERNET IS AT YOUR SOLE RISK. ALL HeyTC OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HeyTC DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE HeyTC OFFERINGS AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE HeyTC OFFERINGS INCLUDING NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM HeyTC ARE FREE FROM HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HeyTC IS TO STOP USING THE HeyTC OFFERINGS. YOU ACKNOWLEDGE AND AGREE THAT HeyTC IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A HeyTC OFFERING BY, ANY HeyTC OFFERING USER. IN NO EVENT SHALL HeyTC’S OR ITS EMPLOYEES’, CONTRACTORS’, OFFICERS’, DIRECTORS’ OR SHAREHOLDERS’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO HeyTC FOR YOUR PARTICIPATION IN ANY HeyTC OFFERING. IN NO CASE SHALL HeyTC OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY HeyTC OFFERING. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT HeyTC IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HeyTC LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF HeyTC OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING HeyTC OFFERINGS, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
OTHER LEGAL TERMS
APPLICABLE LAW, JURISDICTION, AND VENUE
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS “DISPUTE RESOLUTION BY BINDING ARBITRATION” PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH HeyTC AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST HeyTC. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST HeyTC BY SOMEONE ELSE. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS BELOW.
Authority of Arbitrator. With the exception of class procedures and remedies as discussed below under “Waiver of Class Relief,” the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
Confidentiality. You and HeyTC shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision
Allocation of Arbitration Fees. If you assert a Dispute as a consumer, you will only be required to pay arbitration fees of $250 of the fees charged by JAMS in connection with any arbitration under this section, and HeyTC will bear all other costs charged by JAMS or the arbitrator, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. You will still be responsible for paying your own attorneys’ fees.
WAIVER OF CLASS RELIEF. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND HeyTC WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. YOU AND HeyTC ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If any portion of this section entitled “Dispute Resolution by Binding Arbitration” is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
STATUTE OF LIMITATIONS
P.O. Box 525
Queen Creek, AZ 85142
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a HeyTC Offering in a way that may constitute copyright infringement, you may provide notice of your claim to HeyTC Designated Agent listed below. For your notice to be effective, it must include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A description of the copyrighted work that you claim has been infringed upon;
(iii) A description of where the material that you claim is infringing is located within the HeyTC Offering;
(iv) Information reasonably sufficient to permit HeyTC to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
(v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(vii) HeyTC Designated Agent is:
P.O. Box 525
Queen Creek, AZ 85142