Agreement between user and www.heartbuds.com
Welcome to wwwheartbuds.com. The www.heartbuds.com website (the "Site") is comprised of various web pages operated by heartbuds ("heartbuds"). www.heartbuds.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.heartbuds.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.heartbuds.com is a E-commerce Site for sale a HeartBuds device is a non-medical product that uses a small device very similar to the head of a traditional stethoscope.
Visiting www.heartbuds.com or sending emails to Heartbuds constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Heartbuds is not responsible for third party access to your account that results from theft or misappropriation of your account. Heartbuds and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Heartbuds does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.heartbuds.com only with permission of a parent or guardian.
Links to third party sites/Third party services
www.heartbuds.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of heartbuds is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Heartbuds is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Heartbuds of the site or any association with its operators. Certain services made available via www.heartbuds.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.heartbuds.com domain, you hereby acknowledge and consent that Heartbuds may share such information and data with any third party with whom Heartbuds has a contractual relationship to provide the requested product, service or functionality on behalf of www.heartbuds.com users and customers.
No unlawful or prohibited use/Intellectual Property
The Service is controlled, operated and administered by Heartbuds from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Heartbuds Content accessed through www.heartbuds.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Heartbuds, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Heartbuds reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Heartbuds in asserting any available defenses.
Heartbuds reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Heartbuds as a result of this agreement or use of the Site. Heartbuds's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Heartbuds's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Heartbuds with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Heartbuds with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Heartbuds with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Heartbuds reserves the right, in its sole discretion, to change the Terms under which www.heartbuds.com is offered. The most current version of the Terms will supersede all previous versions. Heartbuds encourages you to periodically review the Terms to stay informed of our updates.