Terms of Service

ACCEPTANCE OF TERMS

The following terms and conditions govern all use of (i) the http://www.heyupdate.com/ website (the Site), and (ii) the services and products available at or through the Site (the Service). The Service is owned and operated by Graham Matter Ltd. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by HeyUpdate (collectively, the Terms of Use).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE SITE OR OTHERWISE USING THE SERVICE. BY ACCESSING THE SITE OR USING ANY PART OF THE SERVICE, YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) (YOU) AGREE THAT YOU ARE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, THEN YOU MAY NOT ACCESS THE SITE, SERVICE, OR ANY PART THEREOF. HEYUPDATE’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS OF USE ARE CONSIDERED AN OFFER BY HEYUPDATE, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

The Service is available only to individuals who are at least 17 years old. If you do not so qualify, do not attempt to use the Service. HeyUpdate may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.

MODIFICATION OF TERMS OF USE

HeyUpdate reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. HeyUpdate will notify you of changes on the Site and through the HeyUpdate blog (http://www.heyupdate.com/blog) and we may send an email to registered users to notify them of the change. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

NEW FEATURES

HeyUpdate may, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Use. Your continued use of the Service after the introduction of new features and/or services constitutes your acceptance of the Terms of Use.

PRIVACY

HeyUpdate's current Site Privacy Statement is available at http://www.heyupdate.com/privacy (the Privacy Policy), which is incorporated by this reference. For inquiries in regard to HeyUpdate’s Privacy Policy, or to report a privacy related problem, please contact support@heyupdate.com.

REGISTRATION

As a condition to using the Service, you may be required to register with HeyUpdate by providing information to be specified during the registration process and entering an email address and selecting a password. You shall provide HeyUpdate with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your HeyUpdate account. In addition, you agree to maintain and update your registration information to ensure that it is accurate and complete at all times.

You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your HeyUpdate password. You may never use another user’s account without such other user’s express permission. You will immediately notify HeyUpdate in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

PAYMENT AND ELECTRONIC COMMUNICATIONS

If you have purchased a paid Service, you are expressly agreeing that HeyUpdate is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with HeyUpdate in connection with your use of the Site and/or Service and that the fees will be billed to the credit card you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. If payment is not received or cannot be charged to your credit card for any reason in advance of the applicable subscription period, HeyUpdate reserves the right to either suspend or terminate your access to the Site and/or any Service and terminate these Terms of Use. Subscription fees are payable in U.S. Dollars and based on Services purchased and not on actual usage. All fees are non-refundable.

The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service or refunds for months unused with an open account. If you have purchased a paid subscription to the Site and Service, your subscription will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period that you initially purchased unless you terminate your subscription prior to the next renewal period. You acknowledge and agree that HeyUpdate will automatically charge your credit card on record with HeyUpdate for the then-current subscription period upon the commencement of any renewal period. You will provide HeyUpdate with valid and updated credit card information and you authorize HeyUpdate to charge such credit card for all purchased subscriptions and renewals.

You may terminate your subscription to the Site and Service at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods but any subscription fees you have paid in advance will not be refunded. Downgrading your Service may cause the loss of content, features, or capacity of your Account. HeyUpdate does not accept any liability for such loss.

By using the Site, you consent to receiving electronic communications from HeyUpdate. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and Service. These electronic communications are part of your relationship with HeyUpdate and you receive them as part of your subscription to the Site and/or Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

CANCELLATION AND TERMINATION

You are solely responsible for properly cancelling your account. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. HeyUpdate, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other HeyUpdate service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. HeyUpdate reserves the right to refuse service to anyone for any reason at any time.

THIRD PARTY SITES

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under HeyUpdate’s control, and you acknowledge that HeyUpdate is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by HeyUpdate or any association with its operators. You further acknowledge and agree that HeyUpdate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

NO WARRANTIES

THE SERVICE, SITE AND ALL CONTENT, SUBMISSIONS, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE SERVICE, SITE AND CONTENT, SUBMISSIONS, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. HEYUPDATE, AND ITS AGENTS, PARTNERS, SUPPLIERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) ANY CONTENT OR SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY RESULTS, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE, OR OBTAINING PRODUCTS THROUGH THE SERVICE, WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. NEITHER HEYUPDATE NOR ITS AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS MAKES ANY WARRANTIES OF ANY KIND IN REGARD TO ANY CONTENT, SUBMISSIONS, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR POSTED BY USERS OF THIS SITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HEYUPDATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT OR PRODUCTS ACCESSIBLE THROUGH THE SITE AND SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR SUBMISSIONS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SITE AND SERVICE. IN NO EVENT SHALL HEYUPDATE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OF USE, THE SITE OR THE SERVICE EXCEED THE AMOUNT OF ONE HUNDRED POUNDS STERLING (£100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT HEYUPDATE SHALL NOT BE LIABLE FOR ANY SUBMISSIONS OR USER CONDUCT.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless HeyUpdate, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from your (i) use or misuse of the Service; (ii) your access to the Site, use of the Service, your Submissions, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. HeyUpdate reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with HeyUpdate in asserting any available defences.

INTERNATIONAL/NON-UK USE

HeyUpdate makes no representation that the Content or Submissions are appropriate or available for use in locations outside of the United Kingdom, and accessing the Service is prohibited from territories where such Content or Submissions are illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

DISPUTE RESOLUTION

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and HeyUpdate agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Service shall be filed only in England and Wales and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

INTEGRATION AND SEVERABILITY

These Terms of Use are the entire agreement between you and HeyUpdate with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and HeyUpdate with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

MISCELLANEOUS

These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with HeyUpdate’s prior written consent. HeyUpdate may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

COPYRIGHT AND TRADEMARK NOTICES

Unless otherwise indicated, all Content provided by HeyUpdate is copyright © 2017 Graham Matter Ltd. All rights reserved.