This Agreement describes your rights and responsibilities and states the terms and conditions under which you may use the Site and Products. Please read this document carefully. The term "you" as used herein refers to all individuals and/or entities accessing the Site for any reason. By continuing to use the Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement between you and Hello-Hello. If you do not accept the terms and conditions stated here, Hello-Hello is not willing to allow you to use the Site or the Products and you should immediately stop using the Site.
You must be at least 18 years of age to purchase licenses to use Apps, Courses or the Site. If you are not at least 18 years old, you must get your parent or guardian to read these terms, agree to them for you, and assume full responsibility for your purchases and activities.
It is your responsibility to review this Agreement periodically. Hello-Hello reserves the right to modify this Agreement from time to time without notice and in its sole discretion at any time by updating this web page, and your continued use of the Site after any modifications by Hello-Hello shall constitute your acceptance of such modifications.
You may not use the Site or the Products if you do not agree to these Terms. You may accept these Terms by
(a) selecting "I agree" to this Agreement,
(b) using the Site or Products in any way, such as downloading or accessing any materials, App(s), or Courses, or
(c) by merely browsing the Site.
These Terms are enforceable against you and, if applicable, to a particular Product, any legal entity on whose behalf the Site or Products are used. Hello-Hello may discontinue or add new Products, aspects, or features to certain Products ("Features") from time to time at its sole discretion.
You represent and warrant that you have all necessary right, power and authority to enter into these Terms, on your behalf and on behalf of any entity under which you are licensing the Products, and to perform the acts required of you hereunder. Otherwise, you are not permitted to use the Site or any Products.
Notwithstanding anything set forth in these Terms to the contrary (except as expressly set forth herein for group use), Hello-Hello makes the Services available to you only for your individual use (including personal use and business use that directly benefits you individually).
The Products are licensed only for use during your applicable license term. These Terms will continue to apply until terminated by either you or Hello-Hello. Hello-Hello may terminate this Agreement including your access to the Products, without liability for any refund or credit for the unexpired portion of your license term, in the event your or the entity under which your account is registered violates these Terms including, without limitation, in the event if your account is used by any person or entity other than the licensed and registered user of that account.
For individual and enterprise users, Hello-Hello will bill your credit card or payment account the fee stated at the time of purchase, plus applicable tax, for the number of authorized or registered users included under your account. Your credit card or account will be billed, and your license will begin, for the number of licenses issued under your account as soon as you've successfully completed the sign-up process and your payment is confirmed. If you ever need to cancel, please contact Hello-Hello at Hello-Hello.com
All prices are quoted exclusive of taxes. You are responsible for paying all excise, sales, use or other taxes, fees, allocations or charges, whether state, local, national, or international, however designated, which are levied or imposed on the transactions contemplated herein.
In the event any amount due hereunder is not paid when due, interest equal to the lesser of the following rates:
(1) 1.5% per month (pro-rated on a daily basis for any periods less than a month);
(2) The maximum rate allowed by applicable law, shall accrue on any payment not received by the due date.
You agrees to pay all fees and expenses incurred by Hello-Hello in collecting any amounts due under this Agreement, including, but not limited to, attorneys’ fees associated therewith.
You agree that Hello-Hello may, in its sole discretion and without prior notice, terminate your access to the Products or Site and/or block your future access to the Products or Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Products or Site.
You agree that Hello-Hello may, in its sole discretion and without prior notice, terminate your access to the Products or Site, in the event of
(1) requests by law enforcement or other government agencies.
(2) a request by you (self-initiated account deletions).
(3) discontinuance or material modification of the Products or Site or any service offered on or through the Site.
(4) unexpected technical issues or problems.
If Hello-Hello does take any legal action against you as a result of your violation of these Terms, Hello-Hello will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Hello-Hello. You agree that Hello-Hello will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.
COPPA requires that online service providers obtain parental consent before they collect personally identifiable information online from children who are under 13. Therefore, we only collect personal information through the Site, the App or Courses from a child under 13 where
(i) the license has been purchased by that student’s school, district, and/or teacher, and
(ii) the student’s school, district, and/or teacher has agreed (via the terms described in the following paragraph) to obtain parental consent for that child to use the Site, Apps or Courses and disclose personal information to us, for the use and benefit of the learning environment.
If you are a student under 13, please do not send any personal information about yourself to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Site, App or Courses. If we learn we have collected personal information from a student under 13 without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at Hello-Hello.com
If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Site, App and Courses as part of your curriculum, including the right to post content related to your students and group members, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.
Subject to the terms and conditions of this Agreement, Hello-Hello grants you as the registered user (whether registered individually or under a corporate account) a limited, revocable, non-exclusive, non-transferable license to use the Products solely for your personal use and in accordance with any published Product specifications and/or documentation. Enterprise customers are granted the right to provide registered users authorized under their accounts only that number of licenses paid for and included in their annual subscription. Once assigned, licenses cannot be transferred without Hello-Hello’s prior written consent. You may not use the Products on a timeshare or service bureau basis or host, on a subscription basis or otherwise.
All of the Products and all content, information, materials (including video, graphics, documents and documentation) are the sole and exclusive property of Hello-Hello and its licensors. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site or Products are owned, controlled or licensed by or to Hello-Hello or its affiliates or Information Providers, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You are granted no title, ownership or intellectual property rights in or to the Site, Products, or Content in whole or part. All such rights shall remain in Hello-Hello and/or in licensors. All copies of the Courses and Apps are owned by and remain the property of Licensor.
Except as expressly provided in these Terms, no part of the Site, Products or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Hello-Hello’s express prior written consent.
You may not
(i) Reverse engineer, decompile or disassemble any Products,
(ii) Decode any passwords or encrypted license or installation keys that have been provided to you or the entity under which you may license use of the Products,
(iii) Assign (by operation of law or otherwise) or transfer your license to use the Products, or attempt to do so or enter into any agreement to do so with any other party without the prior written agreement of Hello-Hello, and any such assignment or attempted assignment shall be null and void and shall result in the automatic termination of this Agreement with immediate effect upon the occurrence of any such action or event;
(iv) Sublicense, distribute, transfer, loan, use, lease or otherwise make available the Site or Products or any part thereof to any third party; or
(v) Remove or amend any copyright notices, trade-marks, or any other proprietary legends and/or logos of Hello-Hello or its licensors appearing on the Site or the Products including, without limitation, and related materials or documentation.
The information, data and other content (the "Information") provided on the Site is provided by Hello-Hello and its third party information providers ("Information Providers") is for general informational purposes only and may not be redistributed by you. Hello-Hello reserves the right to modify the Site from time to time without notice and in its sole discretion at any time. You agree to use the Site and Products and the Information provided thereon only for your own personal use (or, in the case of enterprise customer, the personal use of the registered user under the enterprise account), and not to reproduce, retransmit, disseminate, sell, distribute, republish, broadcast, post, circulate or commercially exploit the Information available on the Site or any Product in any manner without the express written consent of Hello-Hello, nor to use the Information, Site or Products for any unlawful purpose.
You may not attempt to gain unauthorized access to any portion or feature, or probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, or any other systems or networks connected to the Site or to any Hello-Hello server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
Additional terms and conditions may apply to purchases of services and to specific portions or features of the Site, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
THE PRODUCTS AND EVERYTHING ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE (EHETHER EXPRESS OR IMPLIED) AND ALL WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE OR PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF, AND RELIANCE ON, THE PRODUCTS, THE SITE AND ANY INFORMATION CONTAINED ON THE SITE ARE SUBJECT TO CHANGE AT ANYTIME WITHOUT NOTICE.
HELLO-HELLO DOES NOT WARRANT THAT THE HELLO-HELLO SITES OR SYSTEMS WILL BE ERROR FREE, NOR DOES HELLO-HELLO PROVIDE ANY WARRANTIES WITH RESPECT
(I) TO ERRORS IN CONTENT OR MATERIALS, OR
(II) WHETHER THE PRODUCTS OR SITE IS OR WILL BE COMPATIBLE WITH ANY PARTICULAR USER DEVICE OR EQUIPMENT.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL HELLO-HELLO BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF
(I) $100 OR
(II) THE AMOUNTS PAID BY YOU TO HELLO-HELLO IN CONNECTION WITH THE PRODUCTS OR USE OF THE SITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR
(III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Hello-Hello and each of its members, directors, officers, employees, affiliates, insurers, agents, and representatives from and against any claim, action, demand, loss, liability, cost or expense including, without limitation, reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement.
The Site may contain links to third-party internet websites or resources. These links are provided solely as a convenience to you and not an endorsement by Hello-Hello of the contents of such third-party websites. Hello-Hello neither controls nor endorses any such other websites, nor has it reviewed or approved any content that appears on such other websites. You acknowledge and agree that Hello-Hello shall not be held responsible for the legality, timeliness, accuracy, completeness or appropriate nature of any information, data or other content, advertising, products, or services located on or through any other third-party websites, nor for any loss or damages caused or alleged to have been caused by your use of, inability to use, or reliance on, any such content, information or data. If you decide to access a linked website, you do so at your own risk.
You agree that all matters relating to your access to or use of the Products or Site, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Virginia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Fairfax County, Virginia, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Hello-Hello and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Hello-Hello administers and operates the www.hello-hello.com Site from its location in the Commonwealth of Virginia, USA; other Hello-Hello sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations. Hello-Hello reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.