Terms of Use

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User Terms of Service

Updated as of: April, 2024

Welcome! HeyBuddy Inc, Inc. dba HeyBuddy Shop (“HeyBuddy”, “we”, “our”, or “us”) is excited to provide you access and use of our proprietary platform, made available at https://shop.heybuddy.io/, that highlights innovative products and their creators and unlocks exclusive discounts to some of the products (together with our website and any future associated mobile application and any services offered on or through our website or application, the “Service”). Your (“you”, “your”, or “user, as applicable and collectively with other users of the Service, the “users”) use and access to the Service is governed by these Terms of Service, whether as a guest or registered user.

THESE TERMS OF SERVICE GOVERN YOUR ACCESS AND USE OF THE SERVICE AND SUPERSEDE ALL PRIOR TERMS OR AGREEMENTS BETWEEN YOU AND HeyBuddy Inc.

BY ACCEPTING THESE TERMS OF SERVICE THROUGH USE OR ACCESS OF THE SERVICE, OR OTHERWISE ELECTRONICALLY INDICATING YOUR ACCEPTANCE, YOU AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, AND OUR PRIVACY POLICY. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF SERVICE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” REFERS TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT USE OR ACCESS THE SERVICE.

WE MAY REVISE AND UPDATE THESE TERMS OF SERVICE FROM TIME TO TIME IN OUR SOLE DISCRETION. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN WE POST THEM AND APPLY TO ALL SUBSEQUENT ACCESS TO AND USE OF THE SERVICE.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND HEYBUDDY INC THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 14 “CLASS ACTION WAIVER; ARBITRATION” BELOW FOR DETAILS REGARDING ARBITRATION.

• Accessing the Service

Before you can access or use the primary functionality of the Service, you will be asked to provide certain registration details. The Service is solely offered and available to users who are of legal age and capacity in their jurisdiction to form a binding agreement with HeyBuddy. It is a condition of your use of the Service that all the information, materials and content you provide is correct, current, and complete and agree that all information you provide to us or that we may collect will be correct, current, and complete. You agree that all information you provide to register with for the Service or otherwise, including, but not limited to, through the use of any Interactive Services and, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You must treat your login credentials as confidential and not disclose it to any third party, including your username, password, or any other information. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username or other security information. We will treat all actions through your account as if conducted by you, whether or not you had knowledge of the unauthorized use of your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

We have the right to disable any username or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

HeyBuddy Inc is based in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

• Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by HeyBuddy Inc, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our name and trade name, HeyBuddy Inc logo, and all related names, logos, product and service names, designs, and slogans are trademarks of HeyBuddy Inc or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans displayed on the Service are the trademarks of their respective owners.

These Terms of Service permit you to use the Service solely as described in these Terms of Service. You must not: (i) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, provided you may print or download a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, commercialization or distribution; (ii) modify copies of any materials from the Service; or (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service. If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not access or use for any commercial purposes any part of the Service or any other services or materials available through the Service except as otherwise permitted in these Terms of Service. If you breach the restrictions in these Terms of Service, your right to use the Service will stop immediately and you must, at our option, return or destroy any information you may have regarding the Service. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by HeyBuddy Inc. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

If you wish to make any use of material on the Service other than that set out in this section, please address your request to: admin@heybuddy.io.

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• Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:

• in any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the United States or other countries;
• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service;
• to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• to impersonate or attempt to impersonate HeyBuddy Inc, a HeyBuddy employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing);
• to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company or engaging in any pyramid or other multi-tiered marketing scheme;
• to access or use the Service to collect any market research for a competing business;
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm HeyBuddy Inc or users of the Service, or expose HeyBuddy Inc to liability; or
• in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.

Additionally, you agree you will not:

• use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
• use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent;
• use any device, software, or routine that interferes with the proper working of the Service;
• introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service; or
• attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

• User Contributions

WE ARE NOT RESPONSIBLE OR LIABLE TO ANY USER OR THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY USER CONTRIBUTIONS POSTED BY YOU OR ANY OTHER USER OF THE SERVICE.

The Service contains interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to the Service or other users (hereinafter, “post”) certain content, text, images, videos, or materials (collectively, “User Contributions”) on or through the Service, including without limitation, allowing you to post product ratings and reviews and comments and publicly respond to other contributors.

All User Contributions must comply with applicable law and these Terms of Service. You agree and acknowledge that your User Contribution is intended and authorized to be shared with others and will be considered non-confidential and non-proprietary. HeyBuddy Inc may, but has no obligation to, monitor and store any User Contributions.

You represent and warrant that: (i) all of your User Contributions do and will comply with these Terms of Service and applicable law; and (ii) you own or control all rights in and to the User Contributions and have the right to grant the license granted herein to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You understand and acknowledge that you are solely responsible for any User Contributions you submit, communicate or contribute, and you, not HeyBuddy Inc, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

By providing any User Contribution on or through the Service, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a non-exclusive, perpetual, irrevocable, transferable, worldwide, royalty-free, with the right to grant sublicenses, license to use, reproduce, copy, publicly display, compile, combine with other content, modify, translate, distribute, publicly perform and otherwise disclose to third parties any such material for any purpose in any media or medium, whether now known or hereafter developed for any purpose that the Company deems fit in its sole discretion. This license shall survive any termination or expiration of these Terms of Service. Without limiting the foregoing, you acknowledge and agree that uses of your User Contribution, name, image, likeness, photograph, and username permitted by the foregoing rights and licenses may include the display of such materials adjacent to advertising and other material or content.

PLEASE NOTE THAT ALL USER CONTRIBUTIONS THAT YOU POST OR SHARE WITH OTHER USERS THROUGH THE SERVICE WILL BE SEEN AND MAY BE USED BY OTHER USERS, AND HeyBuddy Inc CANNOT CONTROL HOW OTHER USERS WILL USE SUCH USER CONTRIBUTION. IF YOU HAVE ANY INFORMATION THAT YOU WOULD LIKE TO KEEP CONFIDENTIAL, THAT YOU DO NOT WANT OTHERS TO USE, AND/OR THAT IS SUBJECT TO THIRD-PARTY RIGHTS THAT MAY BE INFRINGED BY YOUR SHARING IT, DO NOT POST IT ANYWHERE ON OR THROUGH THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY IDEA, CONTENT, OR INFORMATION THAT YOU POST ON OR THROUGH THE SERVICE.

• Monitoring and Enforcement; Termination

We have the right to:

• remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for HeyBuddy Inc, as determined in our sole discretion;
• disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service; and
• terminate, disable or suspend your access to all or part of the Service for any or no reason at any time, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS HeyBuddy Inc AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. We make no attempt to confirm, and do not confirm, any user’s purported identity nor do we endorse any user. You are solely responsible for determining the identity and suitability of other user with whom you may interact by means of the Service. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

• Posting Guidelines 

Without limiting the foregoing, User Contributions must not:

• contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• violate the legal rights (including the rights of publicity and privacy) of others or contain any material that would give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy;
• be likely to deceive any person;
• promote any illegal activity, or advocate, promote, or assist any unlawful act;
• impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
• involve commercial activities or sales, or advertising not permitted under these Terms of Service;
• be false or misleading, or “material nonpublic information”; or
• give the impression that they emanate from or are endorsed by us or any other person or entity.

You agree and acknowledge that failure to follow these posting guidelines could result in legal action. You agree that from time to time we may remove or suspend the Service for indefinite periods of time, or cancel the Service at any time, without notice to you.

• Indemnification

You agree to indemnify, defend and hold harmless HeyBuddy Inc and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees, court costs and expenses, and investigatory expenses), made or asserted by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party in connection with your use of the Service.

• Reliance on Information Posted/Products and Services

All information and User Contributions on the Service are provided solely by postings by users or received from other third parties and HeyBuddy Inc does not provide any independent information and only facilitates the exchange of such information between the users.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USER OF THE SERVICE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

This Service includes content provided by third parties, including materials provided for the sale of certain products or services, or by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by HeyBuddy Inc, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of HeyBuddy Inc. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Products and services may only be made available exclusively through HeyBuddy Inc Service, however, the products and services, and your agreement governing such purchase and the transactions contemplated thereby shall be between you and such third party merchant. HeyBuddy Inc is not a party to that transaction nor is it liable for any liabilities resulting therefrom and your recourse with the applicable merchant. As such, products or services may have limited quantities and are subject to return or exchange only according to the applicable merchant’s Return Policy. We do not make any representations or warranties that the services and products promoted through the Service comply with the laws of any geographic region or jurisdiction and any such purchase by you of any products or services promoted through the Service is at your own risk.

• Feedback

If you send or transmit any communications or materials to HeyBuddy Inc by mail, email, telephone, or otherwise, suggesting or recommending changes to the Service, including without limitation, new features or functionality relating to the Service, or any comments, questions, suggestions, or the like (“Feedback”), HeyBuddy Inc is free to use such Feedback without any other action, condition for payment or otherwise, or limitation between the parties governing such Feedback.

• Changes to the Service and These Terms of Service

THESE TERMS OF SERVICE MAY BE MODIFIED OR AMENDED BY HEYBUDDY INC IN ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME. If any material modifications or changes are made, and you have registered to use the Service, HeyBuddy Inc will use good faith efforts to notify you via email or otherwise provide notice through the Service. Changes will be effective immediately when posted. Continued use of the Service is deemed your consent to and acceptance of these Terms of Service as revised. If you do not agree to any change(s) your sole remedy is to stop using and accessing the Service. You agree to regularly check the Service to view the then-current terms of service.

HeyBuddy Inc may make modifications to the Service or specific components of the Service and will use good faith efforts to notify users of any material modifications. HeyBuddy Inc reserves the right to discontinue offering the Service in its sole discretion without any liability.

We may update the content on the Service from time to time, but its content is not necessarily complete or up-to-date. Any material on the Service may be out of date at any given time, and we are under no obligation to update such material.

• Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Service will be free of viruses, bugs or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your specific requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Service for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY: (I) A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE; OR (II) ANY USER’S USER CONTRIBUTIONS.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY INFORMATION OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY INFORMATION OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HeyBuddy Inc NOR ANY PERSON ASSOCIATED WITH HeyBuddy Inc MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER HeyBuddy Inc NOR ANYONE ASSOCIATED WITH HeyBuddy Inc REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, HeyBuddy Inc HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, QUITE ENJOYMENT, COURSE OF DEALING, USAGE OF TRADE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED THEREIN. THE SERVICES MAY CONTAIN INFORMATION ON INVESTMENTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO AN INVESTMENT ON THE SERVICE DOES NOT IMPLY THAT SUCH INVESTMENT IS OR WILL BE AVAILABLE WHEN YOU WOULD LIKE TO PURSUE IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

• Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HeyBuddy Inc OR ITS SUBSIDIARIES AND AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HeyBuddy Inc OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HeyBuddy Inc AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO DIRECTLY TO HeyBuddy Inc IN THE LAST THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS FIRST GIVING RISE TO A CLAIM, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HeyBuddy Inc, AS APPLICABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The limitation of liability set out above does not apply to liability resulting from our gross negligence, fraud, or willful misconduct.

• Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Except as otherwise required by Section 14 below, any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Service will be instituted exclusively in the federal courts of the United States or the courts of the State of California applying Delaware law, in each case located in the City of Wilmington and County of New Castle. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

• Class Action Waiver; Arbitration

Class Action Waiver

YOU AND HEYBUDDY INC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Arbitration Agreement

HeyBuddy Inc and you each agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, “Disputes”) will be resolved solely by final and binding, individual arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law located in the Wilmington, DE. Notwithstanding the forgoing, (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section above.

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• Limitation on Time to File Claims
  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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• Third Party and Reliance on Data

We rely on third party data, which may be inaccurate, outdated or flawed. The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other third party to the Service, or by anyone who may be informed of any of its contents.

This Service contains links to external merchant and third-party products, services, and websites. We exercise no control over these products, services, and websites, and we are not responsible for their performance, and are not responsible or liable for any content, advertising, or other services or materials available on such websites, including their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through such external merchant or third-party products, services and websites.

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• Waiver and Severability

No waiver by HeyBuddy Inc of any term or condition set out in these Terms of Service will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HeyBuddy Inc to assert a right or provision under these Terms of Service will not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

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• Entire Agreement
  

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and HeyBuddy Inc regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

• Notice and Electronic Communications
  

You agree that HeyBuddy Inc will provide notices and messages to you either within the Service or sent to the contact information that you provided. You are responsible for providing HeyBuddy Inc with your most current e-mail address. If you have provided an invalid email, or such address is not capable of receiving HeyBuddy Inc’s notices, our dispatch of such email will nonetheless constitute effective notice. You may give notice to HeyBuddy, Inc. at 50 Bentridge Court, Lawrenceville, Georgia, 30043, USA. Attention: Legal Department.

Any communication between you and HeyBuddy Inc under or in connection with the Service may be made by electronic mail or other electronic means. You consent to receive communications from HeyBuddy Inc electronically, and agree that all terms, conditions, or otherwise, provided to your electronically satisfy any legal requirement that would be satisfied if they were in writing.

• Digital Millennium Copyright Act (“DMCA”) Notice
  

In the event materials are made available through the Service by third parties not within our control, HeyBuddy Inc is under no obligation to, and does not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by it to infringe another party’s copyright to remain displayed or available on the Service. If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains the following:

i.        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ii.        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

iii.        Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

iv.        Information reasonably sufficient to permit HeyBuddy Inc to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

v.        A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

vi.        A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

HeyBuddy, Inc. at 50 Bentridge Court, Lawrenceville, Georgia, 30043, USA. Attention: Legal Department.

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

• Force Majeure
  

In no event will we be liable or responsible to you or be deemed to have defaulted in any of our obligations under these Terms of Service for any failure or delay in fulfilling or performing any term of these Terms of Service, when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control.

• Your Comments and Concerns
  

All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: admin@heybuddy.io

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