Last Updated: April 9, 2018

PREAMBLE

Welcome to the Terms of Service (the “Terms”) for hearfind.com (the “Website”)! These Terms, including the Privacy Policy and all other policies incorporated herein, represent the entire agreement between you (“you” or “User”) and Wide Open Plain, LLC and/or its affiliates (“we”, “us” or “our”) concerning your rights and obligations as to the use of the Website and or the  use of  any of the services offered by the Website (the “Services”).

By registering and/or using the Services, you acknowledge that you have read and understand these Terms and agree to be bound by said Terms, in addition to any additional terms and future modifications (collectively the “Terms”). You also acknowledge that you are over the age of eighteen (18) and that you have the power to enter into a binding contract under applicable law. If you do not agree with any of these Terms or you fail to meet any of the eligibility requirements, please do not register for the Services, or immediately cancel and terminate your use of the Services.  We reserve the right to modify, add or delete any of the clauses of these Terms without further notice. If you do not agree to the changes made to these Terms, you may cancel your Account (as defined herein) at any time. You undertake to check any modifications regularly and to comply with them fully. Use of the Services following any updates and/or modifications implies acceptance of the Terms thus updated and modified.

CONTENT

For the purpose of these Terms, Content shall include all text, graphics, information, data, software, scripts, ebooks, audio recordings, music or sounds, music clips, audio-visual effects, photographs, all messages or items of information, slogans, domain names and any other elements which are part of the Services, individually or in combination, together with all related intellectual property rights, (collectively, the “Content”).

PRIVACY POLICY

Use of the Services is subject to the terms of our Privacy Policy. By using the Website and the related Services, you acknowledge that you have read, understand and agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services, account registration, and any other personal information provided by you in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability, dispute resolution and arbitration provisions contained in these Terms.

ACCOUNT ACCESS AND USAGE

To sign-up for the Services, you will need to create a user account (the “Account”), select a username and password, and provide us with the following information: your name, email address, billing address, as well as your payment method (number and expiration date) that you authorize us to charge (the “Personal Information”).

You agree to supply true, accurate, up-to-date and complete Personal Information and to keep it up-to-date, in accordance with our request in the registration process. You acknowledge and accept that we may take action to check the accuracy of the Personal Information you provide. In the event that you provide any information that is false, inaccurate, outdated or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, we have the right to refuse your Account or to suspend or terminate your Account and prohibit any and all current or future use of the Services (or any portion thereof) by you. You are solely responsible for maintaining the confidentiality and security of your Account and any usernames and passwords. Any use of your Account with your password, and in particular any purchase of Services, is deemed to be carried out by you.

Any information that you provide to us, including Personal Information provided while signing-up to the Services and during your use of the Services, will be governed by the terms of our Privacy Policy as it may be updated from time to time.

RULES OF CONDUCT

You agree not to use the Services for any purpose that is prohibited by these Terms, and that you are responsible for your activity in connection with the Services. Furthermore, you undertake not to directly or indirectly: (i) use within the framework of the Services any element or content which would infringe on the intellectual and industrial property rights; (ii) create, use, share and/or publish by any means within the framework of the Services any material or content which is unlawful, harmful, abusive, threatening, libelous, untruthful, sexually explicit, vulgar, racist, xenophobic, liable to incite hatred or criminal conduct, or otherwise violates any applicable local, state, national, or international law or is in any other way unacceptable; (iii) create, use, share and/or publish by any means within the framework of the Services any material or content which would constitute a breach of an obligation of confidentiality or which would incite the committing of an unlawful act (in particular, infringing others' intellectual property, piracy, hacking or circulation of counterfeit software); (iv) conduct activities aimed at accessing elements or functions of the Services whose use has not been authorized by us; (v) access the Services by means other than those provided by us.

To the extent that any of the following activities materially conflict with the Service, you warrant that you will not: (i) maintain any link from another website to the Services without our prior written authorization; (ii) arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Content by any means without our prior written authorization; (iii) modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other users, or the functioning of the partner networks of the Services, or attempt to do any of the above; (iv) transmit or propagate any virus, Trojan, worm, bomb, corrupted file and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in or be involved in any way in an attack on our servers and/or the Services and/or those of its service providers and partners; (v) create, use and/or circulate "auto" or "macro" computer programs or other cheat programs or software applications, and/or use the Services via a mirror site; (vi) "bot", "hack", ”mod”, “trainer”, or "crack", or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services; (vii) create or supply other means enabling use of the Services by other persons, for example server emulators.

To the extent that these items are restricted by appropriate regulation, by using the Services, you warrant that you will not: (i) harass other users of the Services, send them unsolicited messages for commercial prospecting purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass emails, spam or any unsolicited advertising or promotional items, for commercial purposes or otherwise; (ii) use incorrect information, use another user's Account, assume another person's identity or present false credentials in order to disguise the origin of any content transmitted through the Services; (iii) use any means not expressly permitted by us to collect or intercept data exchanged by other users within the framework of the Services, or the names/usernames and/or passwords of any other user; (iv) attempt to obtain a password, information concerning an Account or other information of a private nature from any other user of the Services, and/or sell, rent out, share, lend and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account; (v) make inappropriate use of the help service or send untruthful reports to members of our personnel; (vi) access, use, download from the Services or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of users of the Services or any other information concerning users or use of the Services; (vii) refuse to obey the instructions of any of our representative or any requirements, procedures, policies, or regulations of networks connected to the Services; and (viii) impersonate any person or entity, including, but not limited to one of our representatives, or falsely state or otherwise misrepresent your affiliation with a person or entity.

You shall not (directly or indirectly): decipher, arrange, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, disseminate or transfer any information, any software, any product and in general any element of the Services or Content except as expressly permitted by these Terms. Re-posting or automated use or large-volume use of the Services or Content or transfer of any Services or Content to any other computer or mobile device are expressly prohibited except as expressly permitted by these Terms.

Please allow up to a week for an email response. Note that emailing your complaint to other parties such as our Internet Service Provider will not expedite your request and may result in a delayed response due to the complaint not being filed properly.

Please be aware that you will be liable for damages (including costs and attorneys’ fees) if you misrepresent information listed on our website that is infringing on your copyrights.

PAYMENTS FOR MEMBERSHIP PLANS & Pay As You Go PLAN

You hereby represent and warrant that you have the legal right to use the payment method provided at the time of creating your Account or signing-up for the Services.  You hereby authorize us to provide your payment method information to third party credit card processors so that we can charge your payment method. Please note that you may be required to provide additional information to verify your identity before a charge is processed.

We offer three types of monthly membership plans; the 6 Month Membership (fee of $9.99 per month for a period of 6 months), 3 Month Membership (fee of $14.99 per month for a period of 3 months), and All-Access Unlimited Membership (fee of $39.99 per month) (the “Memberships”) in addition to the Pay As You Go plan (fees ranging from $0.99 to $29.99). Further details and pricing for each plan shall be provided at the time of signing-up for the Services. Please note that the fees may differ based on the currency in which they are being charged.

We reserve the right to change any of the Membership plans at any time and to change the pricing of the Memberships or of the Pay As You Go fees at any time without further notice. Users that register to use any of the Memberships can select to change their monthly plan or upgrade to an All-Access Unlimited Membership plan for an additional fee. 

By selecting to purchase a monthly Membership, signing up for the Services and agreeing to these Terms, you acknowledge that your Membership is subject to recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Membership by you or by us. Your payment method provided at the time of signing-up for the Services, or as further updated, as applicable, will be automatically charged each month, on the calendar day corresponding to the commencement of the paying portion of your Membership, unless your Membership is cancelled or otherwise revoked.

The Website may provide a limited free trial period (“Trial Period”) to new users at its sole discretion, but is under no obligation to do so, and Trial Periods may not be available at all times. The Website reserves the right, in its sole and absolute discretion, to determine your eligibility for a Trial Period. The specific terms of the Trial Period will be stated in the marketing material describing the particular Trial Period. If the Website provides you with a Trial Period, you must provide a valid payment method information to the Website in order to use your Account during the Trial Period. The Website will not charge you in connection with the Trial Period. If you do not cancel by the last day of your Trial Period, you authorize the Website to begin your paying subscription and automatically charge your payment method for your first paying monthly subscription period at the end of your Trial Period. THE WEBSITE WILL NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR PAYING SUBSCRIPTION HAS BEGUN. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE TRIAL PERIOD PRIOR TO THE LAST DAY OF YOUR TRIAL PERIOD.

You hereby authorize us to periodically authorize your payment method in anticipation of applicable fees or related charges. These pending charges (usually between $1-$2), used to verify your billing address and to verify the validity of your payment method, are temporary (typically last for 2-7 days) and will not be charged to your payment method (they may however affect your credit available on your payment method).

We also reserve the right, in our sole discretion, to provide new users or selected existing users with promotional offers, such as a discounted monthly Membership fee. Subject to eligibility, during any such promotional offer period, you will be charged the discounted Membership fee, plus appropriate taxes, as applicable. You agree that any such promotional offer is only applicable at the time of the specified promotional period, and understand that upon completion of said promotional period, you will continue to be charged the fee of your selected Membership.

If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify the Company within 30 days after they first appear on an account statement. PLEASE NOTE YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.

CANCELLATION & TERMINATION

You may cancel your Membership at any time by logging into your account and selecting “Cancel Account”. Should you experience difficulties cancelling your account online, you may also cancel by calling our 24/7 customer support line at 1-866-862-0484. Please note that all cancellations take effect at the end of the then-current month and you will maintain access to the Services until that time. You acknowledge and agree that cancellation of your Membership is your sole recourse if you have any dissatisfaction, issue or concern related to the Website, its Content, software, the Services or these Terms, including fees, applicable taxes, or billing methods.

If, at any time, these Terms are violated, we may suspend or terminate your access to the Services effective immediately. Such termination may result in the loss and destruction of all information associated with your Account. All fees paid hereunder are non-refundable. Late Payments: Your Account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Membership.

REFUND POLICY

To avoid any unwanted charges, please be sure to read the details provided at the time of signing-up for the Services.

Conditions for Refunds: You will be eligible for a refund in the following circumstances:

• Technical Issues: If you have experienced technical issues that prevent you from using the Service.

• Compromised Security: If it is determined that your Account has been subject to fraudulent activity.

• Charging Error: If it is determined that you were charged in error.

• Does Not Meet Expectations: If the Service does not meet your expectations.

   

All requests for a refund must be made within 30 days of a charge. The Company may, at its sole discretion, issue a refund for a charge that is greater than 30 days old.

LINKED SITES (THIRD-PARTY WEBSITES)

The Website may include links or references to third-party websites.  No assumption should be made that we operate or control these third-party websites, or that we endorse any of the content, data, material, services or goods provided on or through these linked websites. These links are provided only as a convenience to you. Note that these Terms do not apply to third-party websites and when visiting third-party websites through the links provided on the Services, you should refer to each site’s own terms of services.

INTELLECTUAL PROPERTY RIGHTS

Only you may access the Services using your username and password. The Content available through the Services and the Services are the property of us, our affiliates, and our licensors and are protected by copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Content or the Services through these Terms or otherwise. All rights to the Content not expressly granted in these Terms are reserved to their respective copyright owners. You agree not to i) copy, record, reproduce, redistribute, retransmit, republish, disseminate, sell, rent, lease, broadcast, publicly perform, display, sublicense or circulate the Content available through the Service to any third party; ii) exploit any such Content for commercial purposes; or iii) share your password with any third party. You may not make any unauthorized copies of the Content obtained through the Services, and may only make such copies as are reasonably necessary for your personal, non-commercial use. You further agree to indemnify and hold us harmless for your failure to comply with this section.

We, our affiliates and our licensors retain exclusive ownership of the Content, the Services and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services or the Content available through the Services. We, our affiliates and our licensors reserve all rights not expressly granted hereunder. You agree to promptly notify us in writing upon your discovery of any unauthorized use or infringement of the Services or the Content available through the Services, or any patent, copyright, trade secret, trademarks or other intellectual property rights of ours, our affiliates or our licensors.

We make no representations that the Services, Materials or products described or offered on the Services are appropriate or available for use in your jurisdiction, or that these Terms comply with the laws of any other country. Visitors who use the Services do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you are responsible for compliance with applicable local laws.

NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIM

We respect the intellectual property rights of copyright owners and as such, we adhere to the following notice and takedown policy. If you believe any of the Content accessible through our Services infringes your intellectual property rights, please submit a notification alleging such infringement containing the following information to the Designated Agent listed below:

• Provide evidence of the person authorized to act on behalf of the owner of the copyright (with a digital or actual signature of said person);

• Provide sufficient contact information about the notifier including name, address, telephone number and email address, so that we may contact you;

• You must identify in sufficient detail the copyrighted work claimed to have been infringed, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;

• 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;

• A statement by you, made under penalty of perjury, that the provided information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

   

Please send your infringement notice to our Designated Agent via email to the following email address: dmca@hearfind.com

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. WE, OUR PARENT COMPANY, SUBSIDIARIES, OTHER AFFILIATED COMPANIES AND OUR LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES WORLDWIDE AFFILIATES (COLLECTIVELY THE “PROTECTED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE AND MAKE NO WARRANTY CONCERNING THE USE OF THE SERVICES OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CONFORMITY, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AVAILABILITY ETC. WITHIN THE LIMITS AUTHORIZED BY APPLICABLE LAW, WE DO NOT OFFER ANY GUARANTEE CONCERNING THE MARKET VALUE OF THE SERVICES, YOUR SATISFACTION OR THE SUITABILITY OF THE SERVICES FOR A PARTICULAR USE. IN ADDITION, WE OFFER NO WARRANT THAT THE SERVICES, INCLUDING THE SERVERS AND SOFTWARE NECESSARY FOR THEIR OPERATION WILL BE SECURE, FREE OF INTERRUPTION OR ERRORS, BUGS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ERRORS, BUGS, VIRUSES OR HARMFUL ELEMENTS WILL BE CORRECTED.

PLEASE BE AWARE THAT THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR, INDIRECT, SPECIAL, PUNITIVE, ACCIDENTAL, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES OF ANY KIND, FOR ANY BUGS, VIRUSES, OR ANY OTHER HARMFUL COMPONENT (REGARDLESS OF THE SOURCE OF ORIGINATION) OR FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF I) THE AMOUNT PAID FOR THE SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTHS PERIOD OR II) $300.00. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We make no representation that the Content contained on the Services is appropriate or available for use in your jurisdiction. You agree that you will not access the Services from any territory where its contents are illegal, and that you and not us, are responsible for compliance with applicable local laws.

DISPUTES

These Terms and all claims arising from or related to your use of the Services are governed by and construed in accordance with the laws of the Czech Republic, except conflict of law rules. 

Any dispute, controversy or claim arising from these Terms or related to the Services (the “Claim”) shall be negotiated informally between us for at least thirty (30) days. Before commencing any proceeding with respect to your Claim, you must send us a written notice (“Notice”) of your Claim.  The Notice must (i) be sent via certified mail; (ii) be addressed to the Legal Department; (iii) contain as detailed descript of your Claim including the damages or other relief you seek. If we are not able to resolve the Claim together within 30 days after receiving your Notice, either you or we may commence an arbitration to resolve the Claim.

MISCELLANEOUS

If any provision of these Terms is, for any reason, held to be invalid or unenforceable, that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

CONTACT US

We are available 24/7. Please contact us with any questions or comments you may have. You can reach us at:

support@hearfind.com

Wide Open Plain, LLC
135 South State College Blvd, Suite 200
Brea, California, 92821, USA

1-866-862-0484