IMPORTANT – READ CAREFULLY:
The content of the pages of this website is for your general information and use only. It is subject to change without notice. All representations on this website are subject to the terms and conditions of any purchase as invoiced or charged at the point of checkout.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly disclaim liability for any such inaccuracies or errors to the fullest extent permitted by law. THESE TERMS AND CONDITIONS CONTAIN A DISCLAIMER OF ANY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
1. Who We Are: “Hello Bar” is a trade name and registered service mark of Hello Bar LLC, a limited liability company organized under the laws of the State of California, that owns and operates the website with the URL: https://www.hellobar.com (the “Website”).
4. Eligibility: We require that any Member be at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least eighteen (18) years of age and that your use of the Services does not violate any applicable law or regulation. Your subscription may be terminated without warning, if we have reason to believe you are under eighteen (18) years of age. Your subscription shall be void by operation of law for failure to so disclose or to inaccurately so represent, even if such misrepresentation is not discovered until later.
6. Account and Password: You are responsible for maintaining the confidentiality of any account name and password provided to you. You are solely responsible for uses of any account provided to you, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of any account of yours. The Company does not know, and cannot recover, your password.
7. Proprietary Rights Owned by Us: You acknowledge that we, or our suppliers, own all proprietary rights in the Website and the software used to provide the Services, including, but not limited to, any patents, trademarks, service marks and copyrights.
8. Proprietary Rights Owned by You: You represent and warrant to us that you will not add or upload any content to the Website for any purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights. All applicable fees and costs accruing to us, including actual losses and attorneys’ fees, shall be owed to the Company immediately by operation of law of your violation of this section, even if such violation is not discovered until later.
9. General Rules: You agree to the following:
- You will not incorporate into your Hello Bar any text or other content that is not created by you, not provided by us for you to incorporate into your Hello Bar or you are not otherwise permitted to use.
- You will not post in any Hello Bars created using our Services, any misleading or incorrect information.
- You will not publish any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.
- You will not share your password.
- You will not use any of the Software or Services, or intellectual or other property of the Company, or your own account access and privilege, or otherwise conduct yourself through acts or omissions, in a fashion tending to bring liability, unagreed risk, actual costs, or reputational harms in any degree to the Company.
- You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used or downloaded from the Website.
- You will not include in any Hello Bars any material, including, but not limited to text, the inclusion of which is in violation of any other party’s rights, including, but not limited to, copyrights and privacy and publicity rights.
- You will not set up multiple accounts for any individual, organization or entity or in order to send substantially similar content unless you are part of a franchise.
- You will not remove, obstruct, modify, or cause to be unviewable, the “H” logo/brand in any Hello Bar.
- You will not engage in any conduct tending to render us or the Services liable to any person for any reason, and shall fully indemnify us and hold us harmless for your doing the same, whether or not ultimately held in breach of these Terms and Conditions.
10. Limitation of Liability: to the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from the website. under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. our total liability in any event is limited to the amount, if any, actually paid by you for use of the website and the services for the one month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.
11. Indemnity: You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims not permitted under this Agreement due to a “Limitation of Liability” or other provision, that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website or the Services. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement.
12. Attorney Fees: In the event we file an action against you claiming you breached this Agreement and seeking to recover liquidated damage and/or other relief, and we prevail, we shall be entitled to recover reasonable attorney’s fees in addition to any damages or other relief which we may be awarded.
13. Disclaimers: We disclaim and are not responsible for the behavior of any advertisers, linked websites or other users. No third party is authorized to make any representations on our behalf regarding the nature, description, text, or actual rights, duties, powers and obligations with, to, or from any person, natural or otherwise. Nothing in this Agreement grants or offers any actual or implied powers of agency or partnership.
14. U.S. Export Controls: The software that supports the Services (the “Software”) is further subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. Downloading or using any of the Software is at your sole risk.
15. Restricted Rights: Notice to U.S. Government End Users. The Software, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable, consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Hello Bar, 16220 Ridgeview Lane, La Mirada, California 90638.
17. Assignments: You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.
18. Compliance With Law: In using the Services, you agree that you will comply with all applicable laws.
21. Pricing and Cancellation:
- Pricing: By using the Service, you agree that Hello Bar will request that you upgrade and pay a monthly fee to receive upgraded versions of the Service, including additional volume and features, as outlined on the pricing page, if your use of the Service falls into one of the qualifying paid plans.
- Payment: If you are paying subscriber to the Hello Bar Service, Hello Bar will use a third-party payment processor to request your credit card information and process payment. All subscription plans will automatically renew on the same day each month as the initial payment, until cancelled.
- Cancellation: If you’d like to cancel your paid subscription, please email email@example.com or login to your account to cancel your subscription. Once you cancel your subscription, Hello Bar will no longer charge your credit card for future subscription payments, and your account will be disabled down to a non-paid account level.
- Refunds: As a company policy, we do not provide partial refunds for unused monthly or annual plans, unless a system malfunction caused a problem.
- At Hello Bar we have created a upgrade path that includes several steps, with each step clearly listing the price of the plan and features you are choosing, and that you’ll be billed immediately after clicking “Confirm”. Due to our multi-step process, requests for refunds from those who have claimed they have upgraded by mistake, will not be accepted. Additionally, any user who chooses the annual plan, and continues through the process to purchase the annual plan and then requests a refund, will not be accepted. All paid plans with Hello Bar can be canceled at any time.
- Refund Requests will only be accepted under the following circumstances:
- You were accidently double billed. Proof of double billing will be required.
- After successfully downgrading your plan, you were charged for the following month/year. A review of the users audit logs will be conducted to verify this.
Part 2 – Miscellaneous
1. Force Majeure: We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.
2. Survivability: The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
3. Severability: The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
4. Interpretation: The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
5. Amendments: No amendment or other change of this Agreement by you shall be effective except as agreed to in writing between the parties. The Company may revise this Agreement at any time, and which revisions shall be deemed accepted by you upon your continuing use of the Website or any of our Services.
7. Further Actions: You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.
8. Notification of Security Breach: In the event of a security breach that may affect you, we will notify you of the breach and provide a description of the breach, including the type, nature, and scale of the breached data.
10. GDPR Compliance: Upon agreeing to these terms, EU members are adhering to the GDPR Compliance set by Hello Bar. Further information on GDPR and Hello Bar can be found here.
This document is in effect as of April 25th, 2018.