Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Website and Downloadable Applications (the "Website and Downloadable Applications") operated by Can You Hear Me LLC, a(n) Sole Proprietorship formed in California ("us", "we", "our") as these Terms and Conditions contain important information regarding limitations of our liability. Your access to and use of the Website and Downloadable Applications is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including, but not limited to: visitors, users and others, who wish to access or use the Website and Downloadable Applications.
Last updated: October 19th at 5:30pm
By accessing or using the Website and Downloadable Applications, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have our permission to access or use the Website and Downloadable Applications.
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website and Downloadable Applications.
You are responsible for maintaining the confidentiality of your account, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website and Downloadable Applications or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You can terminate your account by emailing us and by visiting the Website and Downloadable Applications.
This Website and Downloadable Applications feature products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service.
We offer an opportunity to try and/or use the Website and Downloadable Applications with limited features and/or number of users and/or other conditions at our discretion.
To effectuate a purchase, you will be asked to supply your payment details to a third party payments provider selected to accept payments on behalf of Can You Hear Me LLC.
We are not responsible for the retention or safety of your billing information that is collected by the third party service.
You hereby represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, error(s) in your order, or for any other reason.
We have the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. If fraud or an unauthorized or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information.
We do not offer refunds on any purchases made on this Website and Downloadable Applications with the exception of pro-rated refunds for the unused portion of the service.
We hereby disclaim all warranties and conditions with regard to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
We assume no liability for availability, errors, or inaccuracies in the information provided on this Website and Downloadable Applications. We may experience delays in updating information on the Website and Downloadable Applications and in our advertising on other Websites. The information, products, and services found on the Website and Downloadable Applications may contain errors or inaccuracies or may not be complete or current. Services may be incorrectly priced, described inaccurately, or unavailable on the Website and Downloadable Applications, and we cannot guarantee the accuracy or completeness of any information found on the Website and Downloadable Applications. We expressly reserve the right to correct any pricing errors on our Website and Downloadable Applications.
We make no representations about the suitability of the information, products, and services contained on this Website and Downloadable Applications for any purpose, and the inclusion or offering of any products or services on this Website and Downloadable Applications does not constitute any endorsement or recommendation of such products or services by us. We disclaim all warranties and conditions that this Website and Downloadable Applications, its servers, or any email sent from us are free of viruses or other harmful components.
This Website and Downloadable Applications may contain hyperlinks to Websites and Downloadable Applications operated by parties other than us. We provide such hyperlinks for your reference only. We do not control such Websites and Downloadable Applications and are not responsible for their contents or the privacy or other practices of such Websites and Downloadable Applications. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website and Downloadable Applications or other Websites and Downloadable Applications) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such Websites and Downloadable Applications does not imply any endorsement of the material on such Websites and Downloadable Applications or any association with their operators.
All contents of this Website and Downloadable Applications are ©2020 Can You Hear Me LLC. All rights reserved. Website and Downloadable Applications, and all content and other materials on this Website and Downloadable Applications, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, " Content ") are the proprietary property of Can You Hear Me LLC and are either registered trademarks or trademarks of Can You Hear Me LLC in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on Websites and Downloadable Applications operated by parties other than us.
If you are aware of an infringement of our intellectual property, please let us know by contacting us at hello@eo.chat.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website and Downloadable Applications infringes on the copyright or other intellectual property rights of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to hello@eo.chat, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.
You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website and Downloadable Applications on your copyright.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. To report that your intellectual property rights have been infringed upon, please email us at hello@eo.chat and include the following information:
In no event shall Can You Hear Me LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website and Downloadable Applications or with the delay or inability to access, display or use this Website and Downloadable Applications (including, but not limited to, your reliance upon opinions appearing on this Website and Downloadable Applications; any computer viruses, information, software, linked sites, products and services obtaining through this Website and Downloadable Applications; or otherwise arising out of the access to, display of or use of this Website and Downloadable Applications whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Can You Hear Me LLC has been advised of the possibility of such damages. If, despite the limitation above, Can You Hear Me LLC is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Can You Hear Me LLC will in no event exceed the service fees you paid to Can You Hear Me LLC in connection with such transaction(s) on this Website and Downloadable Applications. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Can You Hear Me LLC.
These Terms shall be governed and construed in accordance with the laws of the Santa Barbara County, California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website and Downloadable Applications, and supersede and replace any prior agreements we might have had between us regarding the Website and Downloadable Applications.
Any controversy or claim arising out of or relating to these Terms and Conditions including, without limitation, the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in California.
We reserve the right to amend this policy at any time without any prior notice to you.
If you have any questions about our Terms and Conditions, please contact us at hello@eo.chat.